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3.215. Effect of Adjudication of Incompetency to Proceed: Psychotropic Medication
(a) Former Jeopardy. If the defendant is declared
incompetent to stand trial during trial and afterwards
declared competent to stand trial, the defendant’s
other uncompleted trial shall not constitute
former
jeopardy.
(b) Limited Application of Incompetency Adjudication.
An adjudication of incompetency to proceed
shall not operate as an adjudication of incompetency
to consent to medical treatment or for any other purpose
unless such other adjudication is specifically set
forth in the order.
(c) Psychotropic Medication. A defendant who,
because of psychotropic medication, is able to understand
the proceedings and to assist in the defense shall
not automatically be deemed incompetent
to proceed
simply because the defendant’s satisfactory
mental
condition is dependent on such medication, nor shall
the defendant be prohibited from proceeding solely
because the defendant is being administered medication
under medical supervision
for a mental or emotional
condition.
(1) Psychotropic medication is any drug or compound
affecting the mind, behavior, intellectual
functions,
perception, moods, or emotion and includes
anti-psychotic, anti-depressant, anti-manic, and antianxiety
drugs.
(2) If the defendant proceeds to trial with the aid of
medication for a mental or emotional condition,
on the
motion of defense counsel, the jury shall, at the beginning
of the trial and in the charge to the jury, be given
explanatory instructions regarding such medication.
Committee Notes
1980 Adoption. (c) As to psychotropic medications, see section
916.12(2), Florida Statutes (1980).
(d) This subdivision is intended to provide specific exceptions
to the speedy trial rule.
1988 Amendment. Title. This rule was formerly rule 3.214.
The amendments to this rule, including the title, are designed to
reflect amendments to rules 3.210 and 3.211.
(d) Matters contained in former subsection (d) are covered by
the provisions of rule 3.191. That subsection has therefore been
deleted.
1992 Amendment. The purpose of the amendment is to gender
neutralize the wording of the rule.
Introductory Note Relating to Amendments to Rules 3.210 to
3.219. See notes following rule 3.210 for the text of this note.
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