PTI Mental Health

Under Florida law, when a person’s mental illness is a primary factor of the crime charged, the defendants who are eligible for Pretrial Intervention (or PTI for short) can be placed in a variation called Mental Health PTI. The purpose of Mental Health PTI is to address underlying mental health issues that can cause criminal behavior and try to rehabilitate the defendant to decrease the likelihood of re-offending. Drug PTI is not replaced by Mental Health PTI for defendants charged with drug offenses unless there are exceptional circumstances.

Drug PTI is the proper program for defendants charged with drug offenses who are eligible for diversion under Florida Statute 948.08. Florida Statute 948.08 has several factors listed that can be considered which are:

948. The defendant must be eligible for pretrial intervention and meet all requirements for entry into a pretrial intervention program pursuant to Florida Statute 948.08.
949. The defense must present information about the defendant’s mental health issues and a treatment plan.
950. The assigned prosecutor must make a determination that the defendant’s underlying mental illness was the primary factor in the commission of the alleged crime and that obtaining mental health treatment for the defendant should be the goal for the resolution of the case.
951. The victim must consent to the defendant entering Mental Health PTI.
952. The felony division chief must approve the case for Mental Health PTI.

The contract for Mental Health PTI is a modified version of the standard contract for PTI. In lieu of the community service hours required for PTI, Mental Health PTI includes special conditions in the contract designed to address the particular needs of the defendant. In certain cases, the PTI requirement for employment may be waived.

While the special conditions of the Mental Health PTI contract should be tailored to the needs of each defendant, here are some examples of common special conditions:

1. The Defendant will receive outpatient treatment for a mental illness during the pre-trial intervention period. The treatment Provider will coordinate all aspects of treatment. The treatment provider must also monitor the defendant no less than one time every 30 days through home visits or other face-to-face contact. The Defendant must provide the name of the treatment provider to the supervising officer.
2. The Defendant must receive treatment and counseling as recommended by the attending physician and shall take medication as prescribed. The Defendant must, to the extent possible, participate in programs coordinated by authorized treatment personnel to maintain and improve defendant’s mental health.
3. The Defendant must not consume alcohol, non-prescribed medications, or illicit substances, and may be required to undergo periodic blood or urinalysis.
4. The Defendant will be allowed to reside at a specified address. Residence at this address is contingent on this environment supporting successful completion of PTI. Any change in address must be approved by both the treatment provider and the supervising officer. The Court will be immediately notified of this change.

If you have been charged with a crime, you may be eligible for a pre-trial diversion program. You will need a seasoned attorney who can closely examine your case and advise you on your options. Call the criminal law attorneys at Hendry & Parker, P.A., located in downtown Dunedin, at 727-205-5555 today for a free case review.