916.301 Appointment of experts. - Florida Statutes

916.301 Appointment of experts.

   (1) All evaluations ordered by the court under this part must be conducted by qualified experts who have expertise in evaluating persons with retardation or autism. The agency shall maintain and provide the courts annually with a list of available retardation and autism professionals who are appropriately licensed and qualified to perform evaluations of defendants alleged to be incompetent to proceed due to retardation or autism. The courts may use professionals from this list when appointing experts and ordering evaluations under this part.

   (2) If a defendant’s suspected mental condition is retardation or autism, the court shall appoint the following:

   (a) At least one, or at the request of any party, two experts to evaluate whether the defendant meets the definition of retardation or autism and, if so, whether the defendant is competent to proceed; and

   (b) A psychologist selected by the agency who is licensed or authorized by law to practice in this state, with experience in evaluating persons suspected of having retardation or autism, and a social service professional, with experience in working with persons with retardation or autism.

   1. The psychologist shall evaluate whether the defendant meets the definition of retardation or autism and, if so, whether the defendant is incompetent to proceed due to retardation or autism.

   2. The social service professional shall provide a social and developmental history of the defendant.

   (3) The experts may examine the defendant in jail, in another appropriate local facility, in a facility of the Department of Corrections, or on an outpatient basis.

   (4) Experts appointed by the court to evaluate the mental condition of a defendant in a criminal case shall be allowed reasonable fees for services rendered as evaluators and as witnesses, which shall be paid by the court. State employees shall be paid expenses pursuant to s. 112.061. The fees shall be taxed as costs in the case. In order for the experts to be paid for the services rendered, the reports and testimony must explicitly address each of the factors and follow the procedures set out in this chapter and in the Florida Rules of Criminal Procedure.

History. s. 23, ch. 98-92; s. 60, ch. 2005-236; s. 17, ch. 2006-195; s. 17, ch. 2008-244.