FL H1081

Florida Rules of Criminal Procedure apply to competency proceedings in sexually violent predator civil commitment cases, and proceedings must cease if a person is found mentally incompetent to proceed.

Court must order competency examinations by up to three experts when reasonable grounds exist that a respondent is incompetent, with attorneys for both state and respondent allowed to be present.

Secure facility must admit incompetent persons for treatment and file a competency report within 6 months; facility must also file immediate reports if respondent becomes competent or no longer meets commitment criteria.

Respondent's counsel may move for a competency hearing at any time during treatment if reasonable grounds exist that respondent is competent or no longer meets criteria, and court must hold hearing within 30 days of facility report.

Court must conduct biannual competency evaluations for committed persons found incompetent, and if competency is restored, proceed with annual review proceedings; if not restored, treatment for competency continues.