Senate Bill sb1246c1

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    Florida Senate - 2005                           CS for SB 1246

    By the Committee on Children and Families; and Senator
    Margolis




    586-1691-05

  1                      A bill to be entitled

  2         An act relating to older adults involved in the

  3         criminal justice system; creating a workgroup

  4         to study the involvement of older adults in the

  5         criminal justice system; requiring the

  6         workgroup to identify the incidence of older

  7         adults experiencing a deteriorating mental

  8         condition who come into contact with the

  9         criminal justice system; requiring that the

10         workgroup identify the services being provided

11         or which are needed by older adults; providing

12         for the membership of the workgroup; providing

13         for the members of the workgroup to receive

14         reimbursement for travel and per diem expenses;

15         requiring that the Secretary of Elderly

16         Affairs, or his or her designee, act as

17         chairperson of the workgroup and provide for

18         staff support; requiring that the Department of

19         Elderly Affairs report to the Legislature by a

20         specified date; providing an appropriation;

21         providing an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Workgroup to study issues concerning older

26  adults involved in the criminal justice system.--

27         (1)  The Department of Elderly Affairs shall establish

28  a workgroup that shall study the involvement of adults who are

29  age 60 and older in the criminal justice system, with a

30  particular emphasis on adults who are age 70 and older. The

31  study must:

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    Florida Senate - 2005                           CS for SB 1246
    586-1691-05




 1         (a)  Determine the extent to which older adults who are

 2  alleged to have committed crimes result in arrest and the

 3  effect of arrest on older adults and on law enforcement

 4  agencies and the criminal justice system;

 5         (b)  Examine the incidence of and issues surrounding

 6  older adults who have dementia or other mental health or

 7  physical health conditions and determine how these conditions

 8  affect their involvement with the criminal justice system;

 9         (c)  Determine the extent to which current programs,

10  including, but not limited to, the community and forensic

11  mental health, substance abuse, and domestic violence

12  programs, and the specialty courts are addressing the issues

13  experienced by older adults who are involved in the criminal

14  justice system;

15         (d)  Determine the unmet health, mental health, and

16  other social service needs of individuals who are arrested

17  which, if met, would result in the reduced arrest or

18  incarceration of these individuals, as well as in reduced

19  recidivism;

20         (e)  Determine the state's current capacity to provide

21  for the early identification of older adults who are arrested

22  and who have significant medical problems or mental health

23  conditions and the state's current ability to respond in a

24  meaningful and timely manner to these issues;

25         (f)  Gather information on private and public model

26  programs within Florida and in other states which offer

27  elements that should be expanded in this state or applied

28  statewide;

29         (g)  Explore the concept of an elder court system and

30  determine the feasibility and advisability of establishing

31  this type of specialty court;

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    Florida Senate - 2005                           CS for SB 1246
    586-1691-05




 1         (h)  Evaluate the preservice and inservice training

 2  provided to staff of state and local agencies most likely to

 3  come in contact with older adults involved in the criminal

 4  justice system to assess the degree to which the training

 5  prepares the staff to deal effectively and sensitively with

 6  this older population;

 7         (i)  Identify the services and best practices that, if

 8  implemented, would ensure the early identification,

 9  assessment, treatment, and diversion of older adults who are

10  arrested and ensure a more effective use of available

11  resources; and

12         (j)  Specify, to the extent possible, the costs

13  associated with the services and best practices that are

14  identified by the workgroup and identify possible public and

15  private sources of revenue to address these costs.

16         (2)(a)  The workgroup shall consist of 13 members:

17         1.  The Secretary of Elderly Affairs, or his or her

18  designee; 

19         2.  The Secretary of Children and Family Services, or

20  his or her designee;

21         3.  The executive director of the Department of Law

22  Enforcement, or his or her designee;

23         4.  A representative from the Florida Sheriffs

24  Association;

25         5.  A representative from the Florida Police Chiefs

26  Association;

27         6.  A representative from the Office of the State

28  Courts Administrator;

29         7.  A physician having experience with geriatric

30  populations, appointed by the Secretary of Elderly Affairs;

31  

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    Florida Senate - 2005                           CS for SB 1246
    586-1691-05




 1         8.  An expert on the mental health of older adults,

 2  appointed by the Secretary of Children and Family Services;

 3         9.  An expert on aging and legal issues, appointed by

 4  The Florida Bar;

 5         10.  A circuit judge who has experience in elder

 6  issues, appointed by the Chief Justice of the Supreme Court;

 7         11.  A representative from one of the state university

 8  centers on aging, appointed by the Secretary of Elderly

 9  Affairs; and

10         12.  Two additional members chosen by the workgroup.

11         (b)  Each member of the workgroup is entitled to

12  receive reimbursement for travel and per diem expenses as

13  provided in section 112.061, Florida Statutes.

14         (c)  The Secretary of Elderly Affairs, or his or her

15  designee, shall serve as the chairperson of the workgroup and

16  provide for staff support of the workgroup.

17         (3)  The Department of Elderly Affairs shall prepare

18  and submit a report to the President of the Senate, the

19  Speaker of the House of Representatives, and the chairpersons

20  of the appropriate substantive committees of the Legislature

21  by January 31, 2006. The report must address the findings of

22  the workgroup as specified in subsection (1) and recommend

23  proposed legislation if any is warranted.

24         Section 2.  The sum of $20,000 is appropriated from the

25  General Revenue Fund to the Department of Elderly Affairs for

26  the purpose of paying the costs associated with carrying out

27  the provisions of this act during the 2005-2006 fiscal year.

28         Section 3.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                           CS for SB 1246
    586-1691-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1246

 3                                 

 4  Deletes the provisions requiring law enforcement officers to
    notify the Department of Elder Affairs (DOEA or the
 5  department) when an individual 70 years of age or older is
    arrested, requiring the department to provide for the
 6  examination of an elderly person who has been taken into
    custody, providing for a qualified professional to determine
 7  the individual's competency to proceed, and requiring a
    qualified professional to prepare a report with specific
 8  contents.

 9  Provides for DOEA to convene a workgroup to study the
    involvement of older adults age 60 and above with the criminal
10  justice system (particular emphasis is placed on older adults
    who are age 70 and above); specifies the areas that must be
11  addressed by the study and for the composition and chair of
    the workgroup; provides for the workgroup members to receive
12  reimbursement for per diem and travel expenses; and provides
    an appropriation to DOEA to pay for the costs of the
13  workgroup.

14  Requires DOEA to prepare and submit a report to the
    Legislature and the appropriate substantive committees no
15  later than January 31,2006, addressing the findings of the
    workgroup and recommendations for proposed legislation if any
16  is warranted.

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