HB 1477

1
A bill to be entitled
2An act relating to forensic mental health services;
3creating s. 394.6551, F.S.; creating the Public Safety,
4Mental Health, and Substance Abuse Local Matching Grant
5Program within the Department of Children and Family
6Services, contingent upon an appropriation by the
7Legislature; requiring the Substance Abuse and Mental
8Health Corporation, in collaboration with the department,
9to establish criteria to be used by the Criminal Justice
10Mental Health Policy Council to award grants; providing
11for planning grants and implementation or expansion
12grants; providing definitions; requiring public safety
13councils to make recommendations to county boards of
14commissioners regarding implementation of the grant
15program; providing eligibility criteria for grants;
16providing a limitation on administrative costs; amending
17s. 951.26, F.S.; revising the membership of public safety
18coordinating councils; requiring public safety councils to
19make recommendations to county boards of commissioners
20regarding implementation of the grant program; creating s.
21951.261, F.S.; creating the Criminal Justice Mental Health
22Policy Council within the Substance Abuse and Mental
23Health Corporation; providing for membership; providing
24the purpose of the council; requiring that the council
25serve as the statewide Public Safety, Mental Health, and
26Substance Abuse Local Matching Grant Program review
27committee; requiring the council to submit a list of
28approved applicants for such grants; requiring the council
29to work with other specified entities; providing for
30agency liaisons; establishing the Public Safety, Mental
31Health, and Substance Abuse Technical Assistance Center
32within the Louis de la Parte Florida Mental Health
33Institute at the University of South Florida; providing
34for certain functions to be performed by the center;
35requiring the center to submit an annual report to the
36Governor and Legislature by a specified date; providing an
37effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Section 394.6551, Florida Statutes, is created
42to read:
43     394.6551  Public Safety, Mental Health, and Substance Abuse
44Local Matching Grant Program.--Contingent upon an annual
45appropriation by the Legislature, the Public Safety, Mental
46Health, and Substance Abuse Local Matching Grant Program is
47established and shall be operated by the Department of Children
48and Family Services for the purpose of providing funds to
49counties to plan, implement, or expand initiatives that will
50increase public safety, avert increased corrections
51expenditures, and improve the accessibility and effectiveness of
52mental health and substance abuse treatment services for persons
53with mental illnesses, substance abuse disorders, or co-
54occurring mental health and substance abuse disorders and who
55are in, or at risk of entering, the criminal justice system.
56     (1)  The Substance Abuse and Mental Health Corporation in
57collaboration with the Department of Children and Family
58Services shall establish criteria to be used by the Criminal
59Justice Mental Health Policy Council created under s. 951.261 to
60award public safety, mental health, and substance abuse local
61matching grants in the form of planning grants and
62implementation or expansion grants.
63     (a)  To receive a 1-year planning grant, a county or
64consortium of counties must provide information that
65demonstrates a strategic, collaborative plan to initiate
66systemic change for the identification and treatment of persons
67with mental illnesses, substance abuse disorders, or co-
68occurring mental health and substance abuse disorders who are
69in, or at risk of entering, the criminal justice system. The 1-
70year planning grant shall include support from all levels of
71government and criminal justice, mental health, and substance
72abuse treatment services, including public-private partnership
73models. The planning grant shall address strategies to divert
74individuals from commitment to the department in accordance with
75s. 916.17.
76     (b)  To receive a 3-year implementation or expansion grant,
77a county must provide information that demonstrates the
78completion of a well-established collaboration plan that
79includes public-private partnership models and demonstrates best
80use and evidence-based practices. Implementation or expansion
81grants may support programs and initiatives such as mental
82health courts and diversion and alternative prosecution and
83sentencing programs, crisis intervention teams, treatment
84accountability services, specialized training for criminal
85justice and treatment services professionals, service delivery
86for collateral services such as housing and corrections,
87transitional housing, and supported employment and reentry
88services to create or expand mental health and substance abuse
89support services. Each application must include the following
90information:
91     1.  An analysis of the current jail population in the
92county, which includes:
93     a.  The screening and assessment process that the county
94uses to identify a person with mental illness, a substance abuse
95problem, or a co-occurring disorder.
96     b.  The percentage of persons admitted to the jail with
97mental illness, a substance abuse problem, or a co-occurring
98disorder, respectively.
99     c.  An analysis of observed contributing factors that
100affect county jail population trends.
101     2.  The strategies the county intends to use to serve one
102or more clearly defined subsets of the jail population with
103mental illness or those at risk of arrest and incarceration. The
104proposed strategies may include the identification of the
105population designated to receive the new interventions, a
106description of the services and supervision strategies to be
107applied to that population, and the goals and measurable
108objectives of the new interventions. The interventions a county
109may use may include, but are not limited to:
110     a.  Specialized responses by law enforcement agencies.
111     b.  Centralized receiving facilities for an individual
112evidencing behavioral difficulties.
113     c.  Postbooking alternatives to incarceration.
114     d.  New court programs, including pretrial services and
115specialized dockets.
116     e.  Specialized diversion programs.
117     f.  Intensified transition services that are directed to
118designated populations while an individual is incarcerated and
119services to facilitate transition back into the community.
120     g.  Specialized probation processes.
121     h.  Day-reporting centers.
122     i.  Specific linkages to community-based, evidence-based
123treatment programs for persons with mental illnesses who are in,
124or at risk of entering, the criminal justice system.
125     j.  Community services and programs designed to prevent
126high-risk populations from becoming involved in the criminal
127justice system.
128     3.  The projected impact of the proposed initiative on the
129jail population and the jail's budget, including:
130     a.  How the county's proposed initiative will reduce the
131expenditures associated with the incarceration of persons with
132mental illnesses.
133     b.  The methodology that the county will use to measure the
134defined outcomes and the corresponding fiscal savings or averted
135costs.
136     c.  How the fiscal savings or averted costs will facilitate
137the sustainability or expansion of mental health or substance
138abuse services in the community.
139     d.  How the county's proposed initiative will reduce the
140number of individuals committed to state mental health treatment
141facilities.
142     4.  The proposed strategies that the county will use to
143preserve and enhance its community mental health and substance
144abuse system that serves as the local behavioral health safety
145net and receives federal, state, and local funding to serve low-
146income and uninsured individuals, and the proposed strategies
147for long-term sustainability of the implemented or expanded
148programs and initiatives that resulted from this grant funding.
149     (2)(a)  A 1-year planning grant may not be awarded unless
150the applicant county or consortium of counties contributes
151available resources in an amount equal to the total amount of
152the grant.
153     (b)  A 3-year implementation or expansion grant may not be
154awarded unless the applicant county or consortium of counties
155contributes available resources equal to the total amount of the
156grant. This contribution must be used for expansion of services
157and not to supplant existing funds dedicated to providing those
158services. An implementation or expansion grant must be used for
159the implementation of new services or the expansion of existing
160services and not to supplant existing funds for services.
161
162As used in this subsection, the term "available resources"
163includes in-kind contributions from participating counties.
164     (3)  Public safety coordinating councils, in coordination
165with county offices of planning and budget, shall make a formal
166recommendation to the board of county commissioners regarding
167how the Public Safety, Mental Health, and Substance Abuse Local
168Matching Grant Program may best be implemented within the
169community. Other established criminal justice, mental health,
170and substance abuse planning committees or task forces are not
171prohibited from making recommendations to the board of county
172commissioners regarding the grant program. The board of county
173commissioners may assign any entity to prepare the application
174on behalf of the county administration for submission to the
175corporation for review.
176     (4)(a)  Upon majority approval by the board of county
177commissioners of a county, a county administration may apply for
178a 1-year planning grant or a 3-year implementation or expansion
179grant for investment in treatment services for persons with
180mental illnesses, substance use disorders, or co-occurring
181mental health and substance use disorders who are in, or at risk
182of entering, the criminal justice system.
183     (b)  To be eligible to receive a 1-year planning grant or a
1843-year implementation or expansion grant, the applying county
185must have an established planning committee to assist in
186implementing the grant proposal.
187     (5)  The administrative costs for each county or consortium
188of counties shall not exceed 10 percent of the dollars received
189for planning grants or for implementation and expansion grants.
190     Section 2.  Subsections (1) and (2) of section 951.26,
191Florida Statutes, are amended to read:
192     951.26  Public safety coordinating councils.--
193     (1)  Each board of county commissioners shall establish a
194county public safety coordinating council for the county or
195shall join with a consortium of one or more other counties to
196establish a public safety coordinating council for the
197geographic area represented by the member counties.
198     (a)1.  The public safety coordinating council for a county
199shall consist of:
200     a.  The state attorney, or an assistant state attorney
201designated by the state attorney.
202     b.  The public defender, or an assistant public defender
203designated by the public defender.
204     c.  The chief circuit judge, or another circuit judge
205designated by the chief circuit judge.
206     d.  The chief county judge, or another county judge
207designated by the chief county judge.
208     e.  The chief correctional officer or the chief of police
209of the largest municipality within the county, or a member
210designated by the chief of police.
211     f.  The sheriff, or a member designated by the sheriff, if
212the sheriff is not the chief correctional officer.
213     g.  The state probation circuit administrator, or a member
214designated by the state probation circuit administrator, to be
215appointed to a 4-year term.
216     h.  The court administrator or designee.
217     i.h.  The chairperson of the board of county commissioners,
218or another county commissioner as designee, or, in the case of a
219consortium of counties, a county commissioner or designee from
220each member county.
221     j.i.  If the county has such program available, the
222director of any county probation or pretrial intervention
223program, to be appointed to a 4-year term.
224     k.j.  The director of a local substance abuse treatment
225program, or a member designated by the director, to be appointed
226to a 4-year term.
227     l.  The director of a community mental health agency
228operating in the county, or a member designated by the director.
229     m.  A representative of the Mental Health and Substance
230Abuse Program Offices of the Department of Children and Family
231Services selected by the district administrator of the service
232district having jurisdiction over the county.
233     n.  The director of a juvenile justice detention facility
234in the county, or a member designated by the director.
235     o.k.  Representatives from county and state jobs programs
236and other community groups who work with offenders and victims,
237appointed by the chairperson of the board of county
238commissioners to 4-year terms.
239     p.  Three representatives recommended by members of the
240mental health or substance abuse community appointed by the
241board of county commissioners from the following list:
242     (I)  A primary consumer of mental health services,
243recommended by the district administrator of the district having
244jurisdiction over the county.
245     (II)  A primary consumer of substance abuse treatment
246services, recommended by the district administrator of the
247district having jurisdiction over the county.
248     (III)  A primary family member of a consumer of community-
249based mental health or substance abuse treatment services,
250recommended by the district administrator of the district having
251jurisdiction over the county.
252     (IV)  A physician who practices in the area of alcohol and
253substance abuse.
254     (V)  A physician who practices in the area of psychiatry.
255     (VI)  A psychiatrist familiar with community-based care.
256     (VII)  A representative from an area homeless program or
257supportive housing coalition.
258     2.  The chairperson of the board of county commissioners,
259or another county commissioner as designee, shall serve as the
260chairperson of the council until the council elects a
261chairperson from the membership of the council.
262     (b)1.  The public safety coordinating council for a
263consortium of two or more counties shall consist of the
264following members, appointed with the approval of each board of
265county commissioners within the consortium:
266     a.  A chief circuit judge, or a circuit judge designated by
267a chief circuit judge.
268     b.  A chief county judge, or a county judge designated by a
269chief county judge.
270     c.  A state attorney, or an assistant state attorney
271designated by a state attorney.
272     d.  A public defender, or an assistant public defender
273designated by a public defender.
274     e.  A state probation circuit administrator, or a member
275designated by a state probation circuit administrator, to be
276appointed to a 4-year term.
277     f.  A physician who practices in the area of alcohol and
278substance abuse, to be appointed to a 4-year term.
279     g.  A mental health professional who practices in the area
280of alcohol and substance abuse, to be appointed to a 4-year
281term.
282     h.  A sheriff or a jail administrator for a county within
283the consortium.
284     i.  A chief of police for a municipality within the
285geographic area of the consortium.
286     j.  A county commissioner from each member county of the
287consortium.
288     k.  An elected member of the governing body of the most
289populous municipality within the geographic area of the
290consortium.
291     l.  An elected member of a school board within the
292geographic area of the consortium.
293     2.  The members of the public safety coordinating council
294shall elect a chairperson from among its members.
295     (2)  The council shall meet at the call of the chairperson
296for the purpose of assessing the population status of all
297detention or correctional facilities owned or contracted by the
298county, or the county consortium, and formulating
299recommendations to ensure that the capacities of such facilities
300are not exceeded. Such recommendations shall include an
301assessment of the availability of pretrial intervention or
302probation programs, work-release programs, substance abuse
303programs, gain-time schedules, applicable bail bond schedules,
304and the confinement status of the inmates housed within each
305facility owned or contracted by the county, or the county
306consortium. The council shall also provide a formal
307recommendation to the board of county commissioners in
308coordination with the county's or counties' offices of planning
309and budget on how the Public Safety, Mental Health, and
310Substance Abuse Local Matching Grant Program may be best
311implemented within their community.
312     Section 3.  Section 951.261, Florida Statutes, is created
313to read:
314     951.261  Criminal Justice Mental Health Policy Council.--
315     (1)  The Substance Abuse and Mental Health Corporation
316shall establish a Criminal Justice Mental Health Policy Council,
317which shall consist of the following members:
318     (a)  The chairperson of the corporation.
319     (b)  The Secretary of Children and Family Services.
320     (c)  The Secretary of Corrections.
321     (d)  The Secretary of Health Care Administration.
322     (e)  The Secretary of Juvenile Justice.
323     (f)  The State Courts Administrator.
324     (2)  The purpose of the council is to align policy
325initiatives in the criminal justice and mental health systems to
326ensure the most effective use of resources and to coordinate the
327development of legislative proposals and budget requests
328relating to the shared needs of persons with mental illnesses,
329substance abuse problems, and co-occurring mental health and
330substance abuse problems who are in, or at risk of entering, the
331criminal justice system. The council shall also serve as the
332statewide grant review committee for the Public Safety, Mental
333Health, and Substance Abuse Local Matching Grant Program.
334     (3)  The council shall provide the department with a list
335of the applications that are approved to receive planning grants
336and implementation or expansion grants. The department is
337authorized to transfer funds to the county or counties that are
338awarded grants.
339     (4)  The council shall work with local grantees to develop
340statewide strategies. The council shall coordinate its efforts
341with the Public Safety, Mental Health, and Substance Abuse
342Technical Assistance Center.
343     (5)  Each member agency of the council shall designate an
344agency liaison.
345     Section 4.  Establishment of Public Safety, Mental Health,
346and Substance Abuse Technical Assistance Center.--The
347Legislature shall establish the Public Safety, Mental Health,
348and Substance Abuse Technical Assistance Center at the Louis de
349la Parte Florida Mental Health Institute at the University of
350South Florida.
351     (1)  Recipients of public safety, mental health, and
352substance abuse local matching grants awarded under s. 394.6551,
353Florida Statutes, shall receive technical assistance from the
354center for preparation, development, and evaluation of planning
355grants and implementation or expansion grants. The center shall:
356     (a)  Provide technical assistance to counties that are
357applying for a grant.
358     (b)  Assess the impact of the proposed intervention on the
359population of the county detention facility.
360     (c)  Provide technical assistance to counties that are
361awarded a grant.
362     (d)  Monitor the impact of grant awards on the criminal
363justice system in the counties that receive the grants.
364     (e)  Disseminate and share evidenced-based practices and
365best practices among grantees.
366     (f)  Act as a clearinghouse for information and resources
367related to criminal justice, mental health, and substance abuse
368services.
369     (2)  The Florida Substance Abuse and Mental Health
370Corporation and the Public Safety, Mental Health, and Substance
371Abuse Technical Assistance Center shall jointly submit an annual
372report concerning the grant program to the Governor, the
373President of the Senate, and the Speaker of the House of
374Representatives by January 1 of each year, beginning on January
3751, 2009. The report must include:
376     (a)  A detailed description of the progress made by each
377grantee to meet the goals described in the application.
378     (b)  The impact of grant-funded initiatives on meeting the
379needs of persons with mental illnesses, substance use disorders,
380or co-occurring mental health and substance use disorders who
381are in, or at risk of entering, the criminal justice system,
382thereby reducing the number of forensic commitments to state
383mental health treatment facilities.
384     (c)  A summary of the impact of the grant program on jail
385and prison growth and expenditures.
386     (d)  A summary of the impact of the grant program on the
387availability and accessibility of effective community-based
388mental health and substance abuse treatment services for people
389with mental illnesses, substance use disorders, or co-occurring
390mental health and substance use disorders who are in, or at risk
391of entering, the criminal justice system, thereby expanding
392community diversion alternatives to incarceration and placement
393in a state mental health treatment facility.
394     (e)  A summary of the local match provided by the county or
395consortium and the effect of the funding on furthering the goals
396of the grant program.
397     Section 5.  This act shall take effect upon becoming law.


CODING: Words stricken are deletions; words underlined are additions.