Florida/Georgia Personal Injury & Workers Compensation

...reasonably foreseeable future. This is a critical finding which is essential to commitment and without such a finding, the order cannot be sustained on appeal. Jackson v. Indiana, 406 U.S. 715, at 738, 92 S.Ct. 1845, 32 L.Ed.2d 435 (1972). See also § 916.3012(4), Florida Statutes (2002)....

...facility to receive services to help them regain competency. [2] The court appoints experts to evaluate whether the defendant meets the definition of retardation or autism and, if so, whether the defendant is competent to proceed. See §§ 916.301, 916.3012(2), (3), Fla. Stat. In addition to reporting on the defendant's mental condition and competence or lack thereof, the experts are required to "recommend[ ] training for the defendant to attain competence to proceed." § 916.3012(4), Fla....

...(2009). II. FACTS AND PROCEDURAL HISTORY In November 2008, Mr. Dallas was arrested and charged with domestic battery and possession of cocaine with intent to distribute. Pursuant to Florida Rule of Criminal Procedure 3.210(b) [3] and sections 916.301 and 916.3012(2), Florida Statutes, the court appointed two experts to evaluate Mr....

...e to mental retardation or autism and have been determined incompetent to proceed." § 916.106(1), Fla. Stat. (2009). Under section 916.301(2), the Agency selects at least one of the experts appointed by the court to evaluate a defendant pursuant to section 916.3012, thereby giving the Agency input into the court's determinations regarding whether a defendant has mental retardation or autism, whether such a defendant is incompetent to proceed, and whether involuntary commitment is necessary....

...ability to consult with [his] lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceeding against [him].” § 916.12(1) (pertaining to mentally ill defendants); § 916.3012(1) (pertaining to a “defendant whose suspected mental condition is retardation or autism”); see also Fla....

...(c) Understand the adversarial nature of the legal process. (d) Disclose to counsel facts pertinent to the proceedings at issue. (e) Manifest appropriate courtroom behavior. (f) Testify relevantly. § 916.12(3) (relating to mentally ill defendant); § 916.3012(3) (relating to defendants who are retarded or autistic); see also Fla. R. Crim. P. 3.211(a)(2) (2011) (relying on materially the same factors as set forth in sections 916.12(3) and 916.3012(3)). Further, the expert “shall consider and include in his or her report any other factor deemed relevant by the expert.” § 916.12(3) (relating to mentally ill defendants); § 916.3012(3) (relating to defendants who are retarded or autistic)....

...ng] recommended, an assessment of the probable duration of the treatment [or training] required to restore competence, and the probability that the defendant will attain competence to proceed in the foreseeable future. § 916.12(4) (emphasis added); § 916.3012(4) (emphasis added)....

...We, therefore, reverse the orders under review and remand for further evaluations of the defendant and the submission of reports *1141 that comply with the current version of Chapter 916 of the Florida Statutes, specifically, sections 916.12(4) and 916.3012(4)....

...neglect or refusal poses a real and present threat of substantial harm to the defendant’s well-being[J Section 916.13(l)(a)l. . The bracketed language reflects the differences between section 916.12(4) regarding treatment for mental illnesses and section 916.3012 regarding training for retardation (intellectual disability) or autism....

...a crime who have been found incompetent to proceed due to mental deficiency or illness. See ch. 916, Fla. Stat. (2004). When a mentally retarded individual engages in conduct that results in criminal charges, chapter 916 has direct application. See § 916.3012, Fla....

...Florida Statutes (2023); and (2) an order appointing a committee to re-evaluate his competency. We grant the petition and quash both orders. In 2020, Reina was charged with several counts of theft and burglary. He was subsequently declared incompetent to proceed under section 916.3012, Florida Statutes (2021), by virtue of intellectual disability....

...While the court appointed two psychologists, one was not from the Department's developmental services program as required by statute. This is important because upon finding the respondent incompetent to proceed, the experts were required to recommend "training for the defendant to attain competence to proceed." § 916.3012(4)....

...Specifically, the expert's report must include recommendations on the appropriate training for the respondent, the availability of acceptable training in the community, the likelihood of the respondent attaining competency, and the probable duration of his attaining competency. See § 916.3012(4)(a)-(d)....