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RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE, THROUGH THE MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT (�MDCR�), TO TAKE ALL NECESSARY STEPS TO MAKE COMPETENCY RESTORATION TREATMENT AVAILABLE TO CERTAIN INCARCERATED INDIVIDUALS AND PROVIDE A REPORT

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WHEREAS, the Miami-Dade County Corrections and Rehabilitation Department (�MDCR�) maintains custody of some individuals before and after conviction; and
WHEREAS, some of those individuals suffer from severe and persistent mental illnesses and have been deemed incompetent to proceed in their pending criminal cases; and
WHEREAS, such status limits a defendant�s ability to participate in their defense and, thus, requires the prosecution to be suspended while the defendant receives treatment to restore competency; and
WHEREAS, competency restoration treatment (�CRT�) typically addresses the following factors of competency: (1) appreciation of the charges or allegations; (2) appreciation of the range and nature of possible penalties; (3) understanding the adversarial nature of the legal process; (4) capacity to disclose pertinent facts to counsel; (5) ability to demonstrate appropriate courtroom behavior; and (6) capacity to testify relevantly; and
WHEREAS, CRT is provided in state mental health facilities and through community services, which may be provided at the Pre-trial Detention Center, Turner Guilford Knight Correctional Center, or Metro West Detention Center; and
WHEREAS, jail-based CRT is usually provided through individualized treatment sessions, within the sight of, but outside the hearing of an officer, and has been found to be as effective as community-based CRT, which is often conducted in group settings; and
WHEREAS, section 916.107, Florida Statutes, authorizes, under certain conditions, a jail to be used as an emergency facility for up to 15 days for individuals adjudicated incompetent to proceed or not guilty by reason of sanity; and
WHEREAS, this statutory 15-day timeframe is frequently exceeded due to limited capacity in state facilities; and
WHEREAS, as a result, inmates requiring CRT often remain in MDCR�s custody for four to six months while awaiting placement in a state facility because the demand for treatment significantly exceeds the number of available beds; and
WHEREAS, expanding the availability of CRT in MDCR facilities may better address the mental health needs of individuals in County jails, reduce delays in competency restoration services, and shorten the periods of detention of individuals awaiting treatment; and
WHEREAS, such services may be provided within County facilities pursuant to applicable statutory or contractual authority; and
WHEREAS, this Board desires to ensure that individuals in County custody receive appropriate mental health treatment, including CRT, and directs the County Mayor or County Mayor�s designee to explore all available options for providing CRT, where appropriate, in suitable County facilities; and
WHEREAS, providing CRT in MDCR facilities may improve access to timely treatment, reduce prolonged detention of individuals awaiting placement in state facilities, and better serve the mental health needs of individuals in County custody,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Approves the foregoing recitals, which are incorporated herein by reference.
Section 2. Directs the County Mayor or County Mayor�s designee, through the Miami-Dade Corrections and Rehabilitation Department (�MDCR�), to take all necessary steps to make competency restoration treatment (�CRT�) available to certain individuals incarcerated in MDCR facilities.
Section 3. Directs the County Mayor or County Mayor�s designee to provide a written report to the Board within 60 days of the effective date of this resolution. At a minimum, the report shall: (a) assess the feasibility of implementing CRT in MDCR facilities (i) in accordance with section 916.185, Florida Statutes; (ii) through Thriving Mind South Florida or one of its contracted providers; or (iii) through any other available means; (b) identify estimated costs associated with implementing CRT, if any; (c) compare the different approaches considered for providing CRT in MDCR facilities including, but not limited to, the advantages, disadvantages, and operational considerations associated with each approach; (d) provide a recommendation regarding the most effective and feasible means of implementing CRT in MDCR facilities; and (e) include other relevant information. The completed report shall be placed on an agenda of the full Board without committee review pursuant to Rule 5.06(j) of the Board�s Rules of Procedure.