Whereas, delinquency cases in which juveniles who have been found incompetent to proceed or not guilty by reason of insanity require management by the court according to specialized statutes and rules; and

Whereas, the relative infrequency of these cases has resulted in an unacceptable number of instances of noncompliance with statutory requirements; and

Whereas, the management of these cases would be accomplished more effectively in a specialized division of the court. It is therefore

ORDERED that

1. A new delinquency division for Alachua County, Delinquency Division 2, will be created by separate administrative order for delinquency cases in which juveniles have been found incompetent to proceed or found not guilty by reason of insanity. See § 985.223, Fla. Stat.

2. Delinquency Division 2 shall be administered by the Administrative Judge of the Family Division. The presiding judge, who shall be designated as the Delinquency Division 2I Judge, shall be assigned by the General Assignment of Judges Order.

3. When an order determining that a juvenile is incompetent to proceed or is found not guilty by reason of insanity for an Alachua County delinquency case, the order will also direct the Clerk of Court to transfer the case to the Delinquency Division 2. The Court Administrator's Office will identify cases in Alachua County where either an order has already been entered finding the juvenile incompetent to proceed or not guilty by reason of insanity and provide this information to the appropriate judges for entry of an order transferring those cases to Delinquency Division 2.

4. Copies of orders finding that a juvenile is incompetent to proceed or is found not guilty by reason of insanity entered in regional counties shall be sent to the Delinquency Division 2 Judge by the judicial assistant for management and quality control purposes. The Court Administrator's Office will identify those cases in the regional counties where such orders have been previously entered and provide that information to the Delinquency Division 2 Judge.

5. The Delinquency Division 2 Judge is assigned as a back-up judge to hear or decide issues involving the competency of a juvenile.

6. The Delinquency Division 2 Judge shall monitor the cases assigned to Delinquency Division 2 and ensure that the cases are in compliance with the relevant rules and statutes, see Fla. R. Juv. Proc. 8.095. Hearings and other proceedings in these divisions will be conducted in the Criminal Justice Center of the Alachua County Courthouse.

7. All orders declaring a juvenile competent to proceed shall include language that will ensure that the juvenile's treatment regimen be continued to maintain the competency of the juvenile. The specific language to be included in the order shall be formulated by the Delinquency Division 2 Judge.

8. This order will take effect on July 7, 2003.

ORDERED on June 3, 2003.
 
 

___/s/____________________________
STAN R. MORRIS, CHIEF JUDGE