IN RE TRANSITION RULE 23 COMPETENCY TO STAND TRIAL AND BE SENTENCED: INSANITY AS A DEFENSE
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The Court adopts portions of a Florida law as a court rule and adopts specific transition rules concerning competency and hospitalization hearings.
The Court is exercising its constitutional authority to adopt rules of practice and procedure. It is adopting procedural portions of a specific Florid…
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PER CURIAM.
Jurisdiction to adopt rules of practice and procedure is vested in this Court. Art. V, section 2(a), Fla.Const. Pursuant to this authority we hereby adopt as a Court Rule those portions of chapter 79-336, Laws of Florida, which are procedural in nature.
We also adopt as Transition Rule 23(a) the following:
Rule 3.210(a). At the initial hearing held pursuant to Fla.Stat. 394.902, the court shall consider the following issues:
a. Whether the defendant is competent to stand trial;
b. If it is determined by the court that the defendant is not competent to stand trial, whether the defendant meets the criteria for involuntary hospitalization. If the issue of sanity at the time of the offense has been raised by the defendant, the court may order that the examination of the defendant by expert witnesses to determine competency to stand trial include an examination of the defendant to determine his sanity at the time of the offense.
The Court also adopts as Transition Rule 23(b) former Florida Rules of Criminal Procedure 3.210(e), sections (1) through (8).
This transition rule is adopted as a temporary measure pending a final recommendation from the Criminal Rules Committee of the Florida Bar. It is so ordered.
ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG and ALDERMAN, JJ., concur.
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Walker v. State, 384 So. 2d 730 (Fla. 4th DCA 1980)…5 and 925.10, Florida Statutes (1979). On October 9, 1979, the Florida Supreme Court adopted those portions of Chapter 79-336 which are procedural in nature. In re Transition Rule 23 Competency to Stand Trial and Be Sentenced: Insanity as a Defense, 375 So. 2d 855 (Fla.1979).…