Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1462
       
       
       
       
       
       
                                Ì239130rÎ239130                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2015           .                                
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       The Committee on Children, Families, and Elder Affairs (Detert)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 394.47891, Florida Statutes, is amended
    6  to read:
    7         394.47891 Military veterans and servicemembers court
    8  programs.—The chief judge of each judicial circuit may establish
    9  a Military Veterans and Servicemembers Court Program under which
   10  veterans, as defined in s. 1.01, including veterans who were
   11  discharged or released under a general discharge, and
   12  servicemembers, as defined in s. 250.01, who are convicted of a
   13  criminal offense and who suffer from a military-related mental
   14  illness, traumatic brain injury, substance abuse disorder, or
   15  psychological problem can be sentenced in accordance with
   16  chapter 921 in a manner that appropriately addresses the
   17  severity of the mental illness, traumatic brain injury,
   18  substance abuse disorder, or psychological problem through
   19  services tailored to the individual needs of the participant.
   20  Entry into any Military Veterans and Servicemembers Court
   21  Program must be based upon the sentencing court’s assessment of
   22  the defendant’s criminal history, military service, substance
   23  abuse treatment needs, mental health treatment needs,
   24  amenability to the services of the program, the recommendation
   25  of the state attorney and the victim, if any, and the
   26  defendant’s agreement to enter the program.
   27         Section 2. Section 394.47892, Florida Statutes, is created
   28  to read:
   29         394.47892 Treatment-based mental health court programs.—
   30         (1) Each county may fund a treatment-based mental health
   31  court program under which persons in the justice system assessed
   32  with a mental illness will be processed in such a manner as to
   33  appropriately address the severity of the identified mental
   34  health problem through treatment services tailored to the
   35  individual needs of the participant. The Legislature intends to
   36  encourage the Department of Corrections, the Department of
   37  Children and Families, the Department of Juvenile Justice, the
   38  Department of Health, the Department of Law Enforcement, the
   39  Department of Education, and such agencies, local governments,
   40  law enforcement agencies, other interested public or private
   41  sources, and individuals to support the creation and
   42  establishment of these problem-solving court programs.
   43  Participation in the treatment-based mental health court
   44  programs does not divest any public or private agency of its
   45  responsibility for a child or adult, but enables these agencies
   46  to better meet their needs through shared responsibility and
   47  resources.
   48         (2) Entry into any pretrial treatment-based mental health
   49  court program is voluntary.
   50         (3)(a) Entry into any postadjudicatory treatment-based
   51  mental health court program as a condition of probation or
   52  community control pursuant to s. 948.01 or s. 948.06 must be
   53  based upon the sentencing court’s assessment of the defendant’s
   54  criminal history, mental health screening outcome, amenability
   55  to the services of the program, the recommendation of the state
   56  attorney and the victim, if any, and the defendant’s agreement
   57  to enter the program.
   58         (b) An offender who is sentenced to a postadjudicatory
   59  treatment-based mental health court program and who, while a
   60  mental health court program participant, is the subject of a
   61  violation of probation or community control under s. 948.06
   62  shall have the violation of probation or community control heard
   63  by the judge presiding over the postadjudicatory treatment-based
   64  mental health court program. The judge shall dispose of any such
   65  violation, after a hearing on or admission of the violation, as
   66  he or she deems appropriate if the resulting sentence or
   67  conditions are lawful.
   68         (4) Treatment-based mental health court programs may
   69  include pretrial intervention programs as provided in s. 948.08,
   70  treatment-based mental health court programs authorized in
   71  chapter 39, postadjudicatory programs as provided in ss. 948.01
   72  and 948.06, and review of the status of compliance or
   73  noncompliance of sentenced offenders through a treatment-based
   74  mental health court program.
   75         (5) Contingent upon an annual appropriation by the
   76  Legislature, each judicial circuit with a treatment-based mental
   77  health court program shall establish, at a minimum, one
   78  coordinator position for the treatment-based mental health court
   79  program within the state courts system to coordinate the
   80  responsibilities of the participating agencies and service
   81  providers. Each coordinator shall provide direct support to the
   82  treatment-based mental health court program by providing
   83  coordination between the multidisciplinary team and the
   84  judiciary, providing case management, monitoring compliance of
   85  the participants in the treatment-based mental health court
   86  program with court requirements, and providing program
   87  evaluation and accountability.
   88         (6) If a county chooses to fund a treatment-based mental
   89  health court program, the county must secure funding from
   90  sources other than the state for those costs not otherwise
   91  assumed by the state pursuant to s. 29.004. However, this does
   92  not preclude a county from using treatment and other service
   93  funding provided through state executive branch agencies.
   94  Counties may provide, by interlocal agreement, for the
   95  collective funding of these programs.
   96         (7) The chief judge of each judicial circuit may appoint an
   97  advisory committee for the treatment-based mental health court
   98  program. The committee shall be composed of the chief judge, or
   99  his or her designee, who shall serve as chair; the judge of the
  100  treatment-based mental health court program, if not otherwise
  101  designated by the chief judge as his or her designee; the state
  102  attorney, or his or her designee; the public defender, or his or
  103  her designee; the treatment-based mental health court program
  104  coordinators; community representatives; treatment
  105  representatives; and any other persons the chair finds are
  106  appropriate.
  107         Section 3. Section 394.656, Florida Statutes, is amended to
  108  read:
  109         394.656 Criminal Justice, Mental Health, and Substance
  110  Abuse Reinvestment Grant Program.—
  111         (1) There is created within the Department of Children and
  112  Families the Criminal Justice, Mental Health, and Substance
  113  Abuse Reinvestment Grant Program. The purpose of the program is
  114  to provide funding to counties with which they can plan,
  115  implement, or expand initiatives that increase public safety,
  116  avert increased spending on criminal justice, and improve the
  117  accessibility and effectiveness of treatment services for adults
  118  and juveniles who have a mental illness, substance abuse
  119  disorder, or co-occurring mental health and substance abuse
  120  disorders and who are in, or at risk of entering, the criminal
  121  or juvenile justice systems.
  122         (2) The department shall establish a Criminal Justice,
  123  Mental Health, and Substance Abuse Statewide Grant Review
  124  Committee. The committee shall include:
  125         (a) One representative of the Department of Children and
  126  Families;
  127         (b) One representative of the Department of Corrections;
  128         (c) One representative of the Department of Juvenile
  129  Justice;
  130         (d) One representative of the Department of Elderly
  131  Affairs; and
  132         (e) One representative of the Office of the State Courts
  133  Administrator;
  134         (f) One representative of the Department of Veterans’
  135  Affairs;
  136         (g) One representative of the Florida Sheriffs Association;
  137         (h) One representative of the Florida Police Chiefs
  138  Association;
  139         (i) One representative of the Florida Association of
  140  Counties;
  141         (j) One representative of the Florida Alcohol and Drug
  142  Abuse Association; and
  143         (k) One representative from the Florida Council for
  144  Community Mental Health.
  145  
  146  The committee shall serve as the advisory body to review policy
  147  and funding issues that help reduce the impact of persons with
  148  mental illness and substance abuse disorders on communities and
  149  the court system. The committee shall advise the department in
  150  selecting priorities for applying and reviewing grants and
  151  investing awarded grant moneys.
  152         (3) In addition to the committee established pursuant to
  153  subsection (2), the department shall create a grant review and
  154  selection committee. To the extent possible, the members of the
  155  grant review and selection committee shall have expertise in the
  156  content areas relating to grant applications, including, but not
  157  limited to, substance abuse and mental health disorders,
  158  community corrections, and law enforcement. In addition, members
  159  shall have experience in grant writing, grant reviewing, and
  160  grant application scoring.
  161         (4)(a)(3)(a) A county, or a not-for-profit community
  162  provider designated by a local county planning council or
  163  committee described in s. 394.657, may apply for a 1-year
  164  planning grant or a 3-year implementation or expansion grant.
  165  The purpose of the grants is to demonstrate that investment in
  166  treatment efforts related to mental illness, substance abuse
  167  disorders, or co-occurring mental health and substance abuse
  168  disorders results in a reduced demand on the resources of the
  169  judicial, corrections, juvenile detention, and health and social
  170  services systems.
  171         (b) To be eligible to receive a 1-year planning grant or a
  172  3-year implementation or expansion grant, a county applicant
  173  must have a county planning council or committee that is in
  174  compliance with the membership requirements set forth in this
  175  section.
  176         (5)(4) The Criminal Justice, Mental Health, and Substance
  177  Abuse Statewide Grant Review Committee shall notify the
  178  Department of Children and Families in writing of the names of
  179  the applicants who have been selected by the committee to
  180  receive a grant. Contingent upon the availability of funds and
  181  upon notification by the review committee of those applicants
  182  approved to receive planning, implementation, or expansion
  183  grants, the Department of Children and Families may transfer
  184  funds appropriated for the grant program to an approved
  185  applicant any county awarded a grant.
  186         Section 4. Present paragraphs (b) through (g) of subsection
  187  (7) of section 394.9082, Florida Statutes, are redesignated as
  188  paragraphs (c) through (h), respectively, a new paragraph (b) is
  189  added to that subsection, present paragraphs (c) and (d) of that
  190  subsection are amended, present subsections (10) and (11) of
  191  that section are redesignated as subsections (11) and (12),
  192  respectively, and a new subsection (10) is added to that
  193  section, to read:
  194         394.9082 Behavioral health managing entities.—
  195         (7) MANAGING ENTITY REQUIREMENTS.—The department may adopt
  196  rules and standards and a process for the qualification and
  197  operation of managing entities which are based, in part, on the
  198  following criteria:
  199         (b) The managing entity shall support network providers to
  200  offer comprehensive and coordinated care to all persons in need,
  201  but may develop a prioritization framework when necessary to
  202  make the best use of limited resources. Priority populations
  203  include:
  204         1. Individuals in crisis stabilization units who are on the
  205  waitlist for placement in a state treatment facility;
  206         2. Individuals in state treatment facilities on the
  207  waitlist for community care;
  208         3. Parents or caretakers with child welfare involvement;
  209         4. Individuals with multiple arrests and incarceration as a
  210  result of their behavioral health condition; and
  211         5. Individuals with behavioral health disorders and
  212  comorbidities consistent with the characteristics of patients in
  213  the region’s population of behavioral health service users who
  214  account for a disproportionately high percentage of service
  215  expenditures.
  216         (d)(c) A managing entity must submit a network management
  217  plan and budget in a form and manner determined by the
  218  department. The plan must detail the means for implementing the
  219  duties to be contracted to the managing entity and the
  220  efficiencies to be anticipated by the department as a result of
  221  executing the contract. The department may require modifications
  222  to the plan and must approve the plan before contracting with a
  223  managing entity. The department may contract with a managing
  224  entity that demonstrates readiness to assume core functions, and
  225  may continue to add functions and responsibilities to the
  226  managing entity’s contract over time as additional competencies
  227  are developed as identified in paragraph (h) (g).
  228  Notwithstanding other provisions of this section, the department
  229  may continue and expand managing entity contracts if the
  230  department determines that the managing entity meets the
  231  requirements specified in this section.
  232         (e)(d) Notwithstanding paragraphs (c) (b) and (d) (c), a
  233  managing entity that is currently a fully integrated system
  234  providing mental health and substance abuse services, Medicaid,
  235  and child welfare services is permitted to continue operating
  236  under its current governance structure as long as the managing
  237  entity can demonstrate to the department that consumers, other
  238  stakeholders, and network providers are included in the planning
  239  process.
  240         (10) CRISIS STABILIZATION SERVICES UTILIZATION DATABASE.
  241  The department shall develop, implement, and maintain standards
  242  under which a managing entity shall collect utilization data
  243  from all public receiving facilities situated within its
  244  geographic service area. As used in this subsection, the term
  245  “public receiving facility” means an entity that meets the
  246  licensure requirements of and is designated by the department to
  247  operate as a public receiving facility under s. 394.875 and that
  248  is operating as a licensed crisis stabilization unit.
  249         (a) The department shall develop standards and protocols
  250  for managing entities and public receiving facilities to use in
  251  the collection, storage, transmittal, and analysis of data. The
  252  standards and protocols must allow for compatibility of data and
  253  data transmittal between public receiving facilities, managing
  254  entities, and the department for the implementation and
  255  requirements of this subsection. The department shall require
  256  managing entities contracted under this section to comply with
  257  this subsection by August 1, 2015.
  258         (b) A managing entity shall require a public receiving
  259  facility within its provider network to submit data to the
  260  managing entity, in real time or at least daily, for:
  261         1. All admissions and discharges of clients receiving
  262  public receiving facility services who qualify as indigent, as
  263  defined in s. 394.4787; and
  264         2. Current active census of total licensed beds, the number
  265  of beds purchased by the department, the number of clients
  266  qualifying as indigent occupying those beds, and the total
  267  number of unoccupied licensed beds regardless of funding.
  268         (c) A managing entity shall require a public receiving
  269  facility within its provider network to submit data, on a
  270  monthly basis, to the managing entity which aggregates the daily
  271  data submitted under paragraph (b). The managing entity shall
  272  reconcile the data in the monthly submission to the data
  273  received by the managing entity under paragraph (b) to check for
  274  consistency. If the monthly aggregate data submitted by a public
  275  receiving facility under this paragraph is inconsistent with the
  276  daily data submitted under paragraph (b), the managing entity
  277  shall consult with the public receiving facility to make
  278  corrections as necessary to ensure accurate data.
  279         (d) A managing entity shall require a public receiving
  280  facility within its provider network to submit data, on an
  281  annual basis, to the managing entity which aggregates the data
  282  submitted and reconciled under paragraph (c). The managing
  283  entity shall reconcile the data in the annual submission to the
  284  data received and reconciled by the managing entity under
  285  paragraph (c) to check for consistency. If the annual aggregate
  286  data submitted by a public receiving facility under this
  287  paragraph is inconsistent with the data received and reconciled
  288  under paragraph (c), the managing entity shall consult with the
  289  public receiving facility to make corrections as necessary to
  290  ensure accurate data.
  291         (e) After ensuring accurate data under paragraphs (c) and
  292  (d), the managing entity shall submit the data to the department
  293  on a monthly and an annual basis. The department shall create a
  294  statewide database for the data described under paragraph (b)
  295  and submitted under this paragraph for the purpose of analyzing
  296  the payments for and the use of crisis stabilization services
  297  funded under the Baker Act on a statewide basis and on an
  298  individual public receiving facility basis.
  299         (f) The department shall adopt rules to administer this
  300  subsection.
  301         (g) The department shall submit a report by January 31,
  302  2016, and annually thereafter, to the Governor, the President of
  303  the Senate, and the Speaker of the House of Representatives
  304  which provides details on the implementation of this subsection,
  305  including the status of the data collection process and a
  306  detailed analysis of the data collected under this subsection.
  307         (h) The implementation of this subsection is subject to
  308  specific appropriations provided to the department under the
  309  General Appropriations Act.
  310         Section 5. Paragraph (e) is added to subsection (10) of
  311  section 29.004, Florida Statutes, to read:
  312         29.004 State courts system.—For purposes of implementing s.
  313  14, Art. V of the State Constitution, the elements of the state
  314  courts system to be provided from state revenues appropriated by
  315  general law are as follows:
  316         (10) Case management. Case management includes:
  317         (e) Service referral, coordination, monitoring, and
  318  tracking for treatment-based mental health court programs under
  319  s. 394.47892.
  320  
  321  Case management may not include costs associated with the
  322  application of therapeutic jurisprudence principles by the
  323  courts. Case management also may not include case intake and
  324  records management conducted by the clerk of court.
  325         Section 6. Subsection (6) of section 39.001, Florida
  326  Statutes, is amended to read:
  327         39.001 Purposes and intent; personnel standards and
  328  screening.—
  329         (6) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.—
  330         (a) The Legislature recognizes that early referral and
  331  comprehensive treatment can help combat mental illnesses and
  332  substance abuse disorders in families and that treatment is
  333  cost-effective.
  334         (b) The Legislature establishes the following goals for the
  335  state related to mental illness and substance abuse treatment
  336  services in the dependency process:
  337         1. To ensure the safety of children.
  338         2. To prevent and remediate the consequences of mental
  339  illnesses and substance abuse disorders on families involved in
  340  protective supervision or foster care and reduce the occurrences
  341  of mental illnesses and substance abuse disorders, including
  342  alcohol abuse or related disorders, for families who are at risk
  343  of being involved in protective supervision or foster care.
  344         3. To expedite permanency for children and reunify healthy,
  345  intact families, when appropriate.
  346         4. To support families in recovery.
  347         (c) The Legislature finds that children in the care of the
  348  state’s dependency system need appropriate health care services,
  349  that the impact of mental illnesses and substance abuse
  350  disorders on health indicates the need for health care services
  351  to include treatment for mental health and substance abuse
  352  disorders services to children and parents where appropriate,
  353  and that it is in the state’s best interest that such children
  354  be provided the services they need to enable them to become and
  355  remain independent of state care. In order to provide these
  356  services, the state’s dependency system must have the ability to
  357  identify and provide appropriate intervention and treatment for
  358  children with personal or family-related mental illness and
  359  substance abuse problems.
  360         (d) It is the intent of the Legislature to encourage the
  361  use of the treatment-based mental health court program model
  362  established by s. 394.47892 and drug court program model
  363  established by s. 397.334 and authorize courts to assess
  364  children and persons who have custody or are requesting custody
  365  of children where good cause is shown to identify and address
  366  mental illnesses and substance abuse disorders problems as the
  367  court deems appropriate at every stage of the dependency
  368  process. Participation in treatment, including a treatment-based
  369  mental health court program or a treatment-based drug court
  370  program, may be required by the court following adjudication.
  371  Participation in assessment and treatment before prior to
  372  adjudication is shall be voluntary, except as provided in s.
  373  39.407(16).
  374         (e) It is therefore the purpose of the Legislature to
  375  provide authority for the state to contract with mental health
  376  service providers and community substance abuse treatment
  377  providers for the development and operation of specialized
  378  support and overlay services for the dependency system, which
  379  will be fully implemented and used as resources permit.
  380         (f) Participation in a treatment-based mental health court
  381  program or a the treatment-based drug court program does not
  382  divest any public or private agency of its responsibility for a
  383  child or adult, but is intended to enable these agencies to
  384  better meet their needs through shared responsibility and
  385  resources.
  386         Section 7. Subsection (10) of section 39.507, Florida
  387  Statutes, is amended to read:
  388         39.507 Adjudicatory hearings; orders of adjudication.—
  389         (10) After an adjudication of dependency, or a finding of
  390  dependency where adjudication is withheld, the court may order a
  391  person who has custody or is requesting custody of the child to
  392  submit to a mental health or substance abuse disorder assessment
  393  or evaluation. The assessment or evaluation must be administered
  394  by a qualified professional, as defined in s. 397.311. The court
  395  may also require such person to participate in and comply with
  396  treatment and services identified as necessary, including, when
  397  appropriate and available, participation in and compliance with
  398  a treatment-based mental health court program established under
  399  s. 394.47892 or a treatment-based drug court program established
  400  under s. 397.334. In addition to supervision by the department,
  401  the court, including the treatment-based mental health court
  402  program or treatment-based drug court program, may oversee the
  403  progress and compliance with treatment by a person who has
  404  custody or is requesting custody of the child. The court may
  405  impose appropriate available sanctions for noncompliance upon a
  406  person who has custody or is requesting custody of the child or
  407  make a finding of noncompliance for consideration in determining
  408  whether an alternative placement of the child is in the child’s
  409  best interests. Any order entered under this subsection may be
  410  made only upon good cause shown. This subsection does not
  411  authorize placement of a child with a person seeking custody,
  412  other than the parent or legal custodian, who requires mental
  413  health or substance abuse disorder treatment.
  414         Section 8. Paragraph (b) of subsection (1) of section
  415  39.521, Florida Statutes, is amended to read:
  416         39.521 Disposition hearings; powers of disposition.—
  417         (1) A disposition hearing shall be conducted by the court,
  418  if the court finds that the facts alleged in the petition for
  419  dependency were proven in the adjudicatory hearing, or if the
  420  parents or legal custodians have consented to the finding of
  421  dependency or admitted the allegations in the petition, have
  422  failed to appear for the arraignment hearing after proper
  423  notice, or have not been located despite a diligent search
  424  having been conducted.
  425         (b) When any child is adjudicated by a court to be
  426  dependent, the court having jurisdiction of the child has the
  427  power by order to:
  428         1. Require the parent and, when appropriate, the legal
  429  custodian and the child to participate in treatment and services
  430  identified as necessary. The court may require the person who
  431  has custody or who is requesting custody of the child to submit
  432  to a mental health or substance abuse disorder assessment or
  433  evaluation. The assessment or evaluation must be administered by
  434  a qualified professional, as defined in s. 397.311. The court
  435  may also require such person to participate in and comply with
  436  treatment and services identified as necessary, including, when
  437  appropriate and available, participation in and compliance with
  438  a treatment-based mental health court program established under
  439  s. 394.47892 or treatment-based drug court program established
  440  under s. 397.334. In addition to supervision by the department,
  441  the court, including the treatment-based mental health court
  442  program or treatment-based drug court program, may oversee the
  443  progress and compliance with treatment by a person who has
  444  custody or is requesting custody of the child. The court may
  445  impose appropriate available sanctions for noncompliance upon a
  446  person who has custody or is requesting custody of the child or
  447  make a finding of noncompliance for consideration in determining
  448  whether an alternative placement of the child is in the child’s
  449  best interests. Any order entered under this subparagraph may be
  450  made only upon good cause shown. This subparagraph does not
  451  authorize placement of a child with a person seeking custody of
  452  the child, other than the child’s parent or legal custodian, who
  453  requires mental health or substance abuse disorder treatment.
  454         2. Require, if the court deems necessary, the parties to
  455  participate in dependency mediation.
  456         3. Require placement of the child either under the
  457  protective supervision of an authorized agent of the department
  458  in the home of one or both of the child’s parents or in the home
  459  of a relative of the child or another adult approved by the
  460  court, or in the custody of the department. Protective
  461  supervision continues until the court terminates it or until the
  462  child reaches the age of 18, whichever date is first. Protective
  463  supervision shall be terminated by the court whenever the court
  464  determines that permanency has been achieved for the child,
  465  whether with a parent, another relative, or a legal custodian,
  466  and that protective supervision is no longer needed. The
  467  termination of supervision may be with or without retaining
  468  jurisdiction, at the court’s discretion, and shall in either
  469  case be considered a permanency option for the child. The order
  470  terminating supervision by the department shall set forth the
  471  powers of the custodian of the child and shall include the
  472  powers ordinarily granted to a guardian of the person of a minor
  473  unless otherwise specified. Upon the court’s termination of
  474  supervision by the department, no further judicial reviews are
  475  required, so long as permanency has been established for the
  476  child.
  477         Section 9. Paragraph (a) of subsection (7) of section
  478  948.08, Florida Statutes, is amended to read:
  479         948.08 Pretrial intervention program.—
  480         (7)(a) Notwithstanding any provision of this section, a
  481  person who is charged with a felony, other than a felony listed
  482  in s. 948.06(8)(c), and identified as a veteran, as defined in
  483  s. 1.01, including a veteran who was discharged or released
  484  under a general discharge, or servicemember, as defined in s.
  485  250.01, who suffers from a military service-related mental
  486  illness, traumatic brain injury, substance abuse disorder, or
  487  psychological problem, is eligible for voluntary admission into
  488  a pretrial veterans’ treatment intervention program approved by
  489  the chief judge of the circuit, upon motion of either party or
  490  the court’s own motion, except:
  491         1. If a defendant was previously offered admission to a
  492  pretrial veterans’ treatment intervention program at any time
  493  before trial and the defendant rejected that offer on the
  494  record, the court may deny the defendant’s admission to such a
  495  program.
  496         2. If a defendant previously entered a court-ordered
  497  veterans’ treatment program, the court may deny the defendant’s
  498  admission into the pretrial veterans’ treatment program.
  499         Section 10. Paragraph (a) of subsection (2) of section
  500  948.16, Florida Statutes, is amended to read:
  501         948.16 Misdemeanor pretrial substance abuse education and
  502  treatment intervention program; misdemeanor pretrial veterans’
  503  treatment intervention program.—
  504         (2)(a) A veteran, as defined in s. 1.01, including a
  505  veteran who was discharged or released under a general
  506  discharge, or servicemember, as defined in s. 250.01, who
  507  suffers from a military service-related mental illness,
  508  traumatic brain injury, substance abuse disorder, or
  509  psychological problem, and who is charged with a misdemeanor is
  510  eligible for voluntary admission into a misdemeanor pretrial
  511  veterans’ treatment intervention program approved by the chief
  512  judge of the circuit, for a period based on the program’s
  513  requirements and the treatment plan for the offender, upon
  514  motion of either party or the court’s own motion. However, the
  515  court may deny the defendant admission into a misdemeanor
  516  pretrial veterans’ treatment intervention program if the
  517  defendant has previously entered a court-ordered veterans’
  518  treatment program.
  519         Section 11. Section 948.21, Florida Statutes, is amended to
  520  read:
  521         948.21 Condition of probation or community control;
  522  military servicemembers and veterans.—
  523         (1) Effective for a probationer or community controllee
  524  whose crime was committed on or after July 1, 2012, and who is a
  525  veteran, as defined in s. 1.01, or servicemember, as defined in
  526  s. 250.01, who suffers from a military service-related mental
  527  illness, traumatic brain injury, substance abuse disorder, or
  528  psychological problem, the court may, in addition to any other
  529  conditions imposed, impose a condition requiring the probationer
  530  or community controllee to participate in a treatment program
  531  capable of treating the probationer or community controllee’s
  532  mental illness, traumatic brain injury, substance abuse
  533  disorder, or psychological problem.
  534         (2) Effective for a probationer or community controllee
  535  whose crime was committed on or after July 1, 2015, and who is a
  536  veteran, as defined in s. 1.01, including a veteran who was
  537  discharged or released under a general discharge, or a
  538  servicemember, as defined in s. 250.01, who suffers from a
  539  military service-related mental illness, traumatic brain injury,
  540  substance abuse disorder, or psychological problem, the court
  541  may impose, in addition to any other conditions imposed, a
  542  condition requiring the probationer or community controllee to
  543  participate in a treatment program established to treat the
  544  probationer or community controllee’s mental illness, traumatic
  545  brain injury, substance abuse disorder, or psychological
  546  problem.
  547         (3) The court shall give preference to treatment programs
  548  for which the probationer or community controllee is eligible
  549  through the United States Department of Veterans Affairs or the
  550  Florida Department of Veterans’ Affairs. The Department of
  551  Corrections is not required to spend state funds to implement
  552  this section.
  553         Section 12. The Agency for Health Care Administration shall
  554  apply to the United States Department of Health and Human
  555  Services for a planning grant and any other subsequent grant
  556  programs that become available through s. 203 of the federal
  557  Protecting Access to Medicare Act of 2014, Pub. L. No. 113-93,
  558  and that create opportunity to improve access to community
  559  mental health services while improving Medicaid reimbursement
  560  rates for such services. The agency shall collaborate with the
  561  Department of Children and Families in preparing the state’s
  562  application for submission.
  563         Section 13. This act shall take effect July 1, 2015.
  564  
  565  ================= T I T L E  A M E N D M E N T ================
  566  And the title is amended as follows:
  567         Delete everything before the enacting clause
  568  and insert:
  569                        A bill to be entitled                      
  570         An act relating to behavioral health services;
  571         amending s. 394.47891, F.S.; expanding eligibility
  572         criteria for military veterans and servicemembers
  573         court programs; creating s. 394.47892, F.S.;
  574         authorizing counties to fund treatment-based mental
  575         health court programs; providing legislative intent;
  576         providing that pretrial program participation is
  577         voluntary; specifying criteria that a court must
  578         consider before sentencing a person to a
  579         postadjudicatory treatment-based mental health court
  580         program; requiring a judge presiding over a
  581         postadjudicatory treatment-based mental health court
  582         program to hear a violation of probation or community
  583         control under certain circumstances; providing that
  584         treatment-based mental health court programs may
  585         include specified programs; requiring a judicial
  586         circuit with a treatment-based mental health court
  587         program to establish a coordinator position, subject
  588         to annual appropriation by the Legislature; providing
  589         county funding requirements for treatment-based mental
  590         health court programs; authorizing the chief judge of
  591         a judicial circuit to appoint an advisory committee
  592         for the treatment-based mental health court program;
  593         specifying membership of the committee; amending s.
  594         394.656, F.S.; revising the composition and duties of
  595         the Criminal Justice, Mental Health, and Substance
  596         Abuse Statewide Grant Review Committee within the
  597         Department of Children and Families; requiring the
  598         department to create a grant review and selection
  599         committee; prescribing duties of the committee;
  600         authorizing a designated not-for-profit community
  601         provider to apply for certain grants; amending s.
  602         394.9082, F.S.; requiring the managing entity to
  603         support network providers in offering comprehensive
  604         and coordinated care to certain populations;
  605         specifying what constitutes priority populations;
  606         defining the term “public receiving facility”;
  607         requiring the department to establish specified
  608         standards and protocols with respect to the
  609         administration of the crisis stabilization services
  610         utilization database; directing managing entities to
  611         require public receiving facilities to submit
  612         utilization data on a periodic basis; providing
  613         requirements for the data; requiring managing entities
  614         to periodically submit aggregate data to the
  615         department; requiring the department to adopt rules;
  616         requiring the department to annually submit a report
  617         to the Governor and the Legislature; prescribing
  618         report requirements; specifying that implementation of
  619         the database is contingent upon an appropriation;
  620         amending ss. 29.004, 39.001, 39.507, and 39.521, F.S.;
  621         conforming provisions to changes made by the act;
  622         amending s. 948.08, F.S.; expanding the definition of
  623         the term “veteran” for purposes of eligibility
  624         requirements for a pretrial intervention program;
  625         amending s. 948.16, F.S.; expanding the definition of
  626         the term “veteran” for purposes of eligibility
  627         requirements for a misdemeanor pretrial veterans’
  628         treatment intervention program; amending s. 948.21,
  629         F.S.; authorizing a court to impose certain conditions
  630         on certain probationers or community controllees;
  631         requiring the Agency for Health Care Administration to
  632         submit a planning grant application to the United
  633         States Department of Health and Human Services;
  634         providing an effective date.
  635  
  636         WHEREAS, Florida’s residents with mental illnesses and
  637  substance abuse disorders are best able to recover and become
  638  productive citizens when served in their own communities and
  639  surrounded by family and natural support systems, and
  640         WHEREAS, untreated mental illnesses and substance abuse
  641  disorders place a burden on the health care and public safety
  642  system, and
  643         WHEREAS, research has demonstrated that the delivery of
  644  behavioral health services to treat mental illnesses and
  645  substance abuse disorders are cost-effective and efficient, and
  646         WHEREAS, the Legislature intends to ensure greater access
  647  to behavioral health services by promoting the high quality,
  648  adequacy, and availability of these essential services, NOW,
  649  THEREFORE,