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Steps to Mental Health Pretrial Release

  • Criteria for Mental Health Pretrail Release:
    1. Defendant has a diagnosis and/or diagnostic impression of having a mental illness, developmental disability, or a traumatic brain injury
    2. Defendant does not appear to be to a risk to public safety and can be safely monitored in the community (as deemed by the court)
    3. Any other pretrial release criteria
  • A defendant can be placed on MH pretrial release by the court at first appearance or anytime thereafter upon the appropriate motion being made. If the court places a defendant on MH pretrial release after the first appearance process, an order placing defendant on MH pretrial release with any specific court ordered conditions, must be presented for signature and distributed to all court parties (see model order).
  • It is important that it be specified in the motion and/or court order that the defendant is to be on Mental Health pretrial release. If this is not specified, the defendant will be placed on regular pretrial release and will not be automatically assigned to the MH pretrial release specialist. If a defendant is already highlighted in burgundy the option of MH pretrial release should be explored.
  • A defendant on mental health pretrial release will be required to report to the Mental Health Pretrial release specialist at the Leon County Pretrial Release office located at: 501–C Appleyard Dr., Tallahassee, Fl. 32304
  • The MH pretrial specialist will review all general and specific conditions with the defendant at the initial appointment. This eliminates the need for a mental health pretrial release plan being submitted prior to the defendant being placed on mental health pretrial release.
  • The MH pretrial specialist has the option to submit an "At Risk Form" to the MH Coordinator and/or attorneys should any issues arise that may prevent the defendant from successfully adhering to the conditions of MH pretrial release (see form).
  • Once the defendant's case has been disposed in the criminal courts, their pretrial release requirements will be terminated.