Q: What can an inmate do when a judge's order is not being effectuated in a timely manner by the State of Florida?
My son, a paranoid schizophrenic, is in jail ( Florida) for a probation violation. On March 9th the judge ruled that he be transported to the State Mental Health Hospital for treatment. It is over a month and he has not been provided the treatment ordered by the judge. His mental health is deteriorating rapidly. When I questioned the delay, I was informed there are no available beds and the backlog is 6 months.
A: Your son needs a Florida criminal defense lawyer to file an emergency motion and/or petition for writ of habeas corpus, both to enforce the judge's order and to raise grounds of a violation of your son's constitutional right to be free from cruel and unusual punishment (failure to treat severe mental health issues has been interpreted to be a violation of this clause of the US constitution). However, prison officials may not be responsible for a lack of bed space in the mental hospital, but the danger to your son of no treatment may compel some alternative to the one over-capacity mental hospital they are using for prisoners.
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