rule 3.211 when applicable;

(B) copies of the reports of the experts filed with
the court under the order of examination;

(C) copies of any other psychiatric, psychological,
or social work reports submitted to the court relative to the mental
state of the defendant; and

(D) copies of the charging instrument and all
supporting affidavits or other documents used in the determination
of probable cause.

(5) Before issuing a commitment order, the court must
review the examining expert’s report to ensure alternative treatment
options have been fully considered and found insufficient to meet
the needs of the defendant.

(6) The treatment facility must admit the defendant for
hospitalization and treatment and may retain and treat the
defendant. No later than 60 days from the date of admission, the
administrator of the facility must file with the court a report that
addresses the issues and considers the factors set forth in rule
3.211, with copies to all parties. If, at any time during the 60 day
period or during any period of extended commitment that may be
ordered under this rule, the administrator of the facility determines
that the defendant no longer meets the criteria for commitment or
has become competent to proceed, the administrator must notify
the court by such a report, with copies to all parties.

(A) If, during the 60 day period of commitment
and treatment or during any period of extended commitment that
may be ordered under this rule, counsel for the defendant must
have reasonable grounds to believe that the defendant is competent
to proceed or no longer meets the criteria for commitment, counsel
may move for a hearing on the issue of the defendant’s competence
or commitment. The motion must contain a certificate of counsel
that the motion is made in good faith and on reasonable grounds to
believe that the defendant is now competent to proceed or no longer
meets the criteria for commitment. To the extent that it does not
invade the attorney-client privilege, the motion must contain a
recital of the specific observations of and conversations with the
defendant that have formed the basis for the motion.

(B) If, on consideration of a motion filed by
counsel for the defendant or the prosecuting attorney and any
information offered the court in support thereof, the court has
reasonable grounds to believe that the defendant may have regained
competence to proceed or no longer meets the criteria for
commitment, the court must order the administrator of the facility
to report to the court on such issues, with copies to all parties, and
must order a hearing to be held on those issues.

(7) The court must hold a hearing within 30 days of the
receipt of the report from the administrator of the facility. If,
following the hearing, the court determines that the defendant
continues to be incompetent to proceed and that the defendant
meets the criteria for continued commitment or treatment, the court
must order continued commitment or treatment for a period not to
exceed 1 year. When the defendant is retained by the facility, the
same procedure must be repeated prior to the expiration of each
additional 1–year period of extended commitment.

(8) If, at any time after such commitment, the court
decides, after hearing, that the defendant is competent to proceed,
it shall enter its order so finding and shall proceed.

(9) If, after any such hearing, the court determines that
the defendant remains incompetent to proceed but no longer meets
the criteria for commitment, the court shall proceed as provided in