| 1 | A bill to be entitled |
| 2 | An act relating to forensic mental health policy; amending |
| 3 | s. 394.655, F.S.; deleting provisions establishing a |
| 4 | Criminal Justice, Mental Health, and Substance Abuse |
| 5 | Policy Council within the Florida Substance Abuse and |
| 6 | Mental Health Corporation; providing for creation of a |
| 7 | workgroup to review state policy and budgeting issues |
| 8 | affecting adults with serious mental illness who also have |
| 9 | involvement with the state criminal justice system; |
| 10 | providing for administrative oversight and assistance; |
| 11 | providing for membership, organization, and meetings; |
| 12 | specifying that members serve at their own expense; |
| 13 | providing for certain workgroup expenses; specifying |
| 14 | components of the review; authorizing use of outside |
| 15 | research organizations; providing for interim and final |
| 16 | reports; providing for future termination of the workgroup |
| 17 | and repeal of the provisions creating it; providing an |
| 18 | effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsections (11) and (12) of section 394.655, |
| 23 | Florida Statutes, are amended to read: |
| 24 | 394.655 The Substance Abuse and Mental Health Corporation; |
| 25 | powers and duties; composition; evaluation and reporting |
| 26 | requirements.-- |
| 27 | (11)(a) There is established a Criminal Justice, Mental |
| 28 | Health, and Substance Abuse Policy Council within the Florida |
| 29 | Substance Abuse and Mental Health Corporation. The members of |
| 30 | the council are: |
| 31 | 1. The chairperson of the corporation; |
| 32 | 2. The Secretary of Children and Family Services; |
| 33 | 3. The Secretary of Corrections; |
| 34 | 4. The Secretary of Health Care Administration; |
| 35 | 5. The Secretary of Juvenile Justice; |
| 36 | 6. The Secretary of Elderly Affairs; and |
| 37 | 7. The State Courts Administrator. |
| 38 | (b) The purpose of the council shall be to align policy |
| 39 | initiatives in the criminal justice, juvenile justice, and |
| 40 | mental health systems to ensure the most effective use of |
| 41 | resources and to coordinate the development of legislative |
| 42 | proposals and budget requests relating to the shared needs of |
| 43 | adults and juveniles who have a mental illness, substance abuse |
| 44 | disorder, or co-occurring mental health and substance abuse |
| 45 | disorders who are in, or at risk of entering, the criminal |
| 46 | justice system. |
| 47 | (c) The council shall work in conjunction with counties |
| 48 | that have been awarded a Criminal Justice, Mental Health, and |
| 49 | Substance Abuse Reinvestment grant to ensure that effective |
| 50 | strategies identified by those counties are disseminated |
| 51 | statewide and to establish a dialogue for purposes of policy and |
| 52 | budget development and system change and improvement. The |
| 53 | council shall coordinate its efforts with the Criminal Justice, |
| 54 | Mental Health, and Substance Abuse Technical Assistance Center. |
| 55 | (d) Each member agency of the council shall designate an |
| 56 | agency liaison to assist in the work of the council. |
| 57 | (11)(12) This section expires on October 1, 2011, unless |
| 58 | reviewed and reenacted by the Legislature before that date. |
| 59 | Section 2. (1) There is created a workgroup to review |
| 60 | state policy and budgeting issues affecting adults with serious |
| 61 | mental illness who also have involvement with the state criminal |
| 62 | justice system. The Secretary of Children and Family Services, |
| 63 | in conjunction with the Secretary of Corrections and the |
| 64 | Secretary of Health Care Administration, shall oversee and |
| 65 | provide staff and other administrative assistance to the |
| 66 | workgroup within funds appropriated under the American Recovery |
| 67 | and Reinvestment Act of 2009. |
| 68 | (2) The workgroup shall consist of the following members: |
| 69 | (a) One member from the Substance Abuse and Mental Health |
| 70 | Corporation. |
| 71 | (b) One member appointed by Florida Legal Services, Inc. |
| 72 | (c) One member appointed by the Florida Psychiatric |
| 73 | Society. |
| 74 | (d) One member appointed by the Correctional Medical |
| 75 | Authority. |
| 76 | (e) One member appointed by the Florida Prosecuting |
| 77 | Attorneys Association. |
| 78 | (f) One member appointed by the Florida Public Defender |
| 79 | Association. |
| 80 | (g) One member appointed by the Florida Association of |
| 81 | Court Clerks. |
| 82 | (h) One member appointed by the Florida Assisted Living |
| 83 | Affiliation. |
| 84 | (i) One member appointed by the Florida Council for |
| 85 | Community Mental Health. |
| 86 | (j) One member appointed by the Department of Children and |
| 87 | Family Services. |
| 88 | (k) One member appointed by the Agency for Health Care |
| 89 | Administration. |
| 90 | (l) One member appointed by the Department of Corrections. |
| 91 | (m) One member appointed by the Florida Sheriffs |
| 92 | Association. |
| 93 | (n) One member appointed by the Florida Police Benevolent |
| 94 | Association. |
| 95 | (o) One member appointed by the Florida chapter of the |
| 96 | National Alliance for the Mentally Ill. |
| 97 | (p) One member appointed by the Florida Hospital |
| 98 | Association representing private receiving facilities. |
| 99 | (q) One member appointed by the President of the Senate. |
| 100 | (r) One member appointed by the Speaker of the House of |
| 101 | Representatives. |
| 102 | (s) One member appointed by the Governor. |
| 103 | (3)(a) Members of the workgroup shall serve without |
| 104 | compensation for such service. Any member of the workgroup who |
| 105 | is a public employee is entitled to reimbursement for per diem |
| 106 | and travel expenses as provided in s. 112.061, Florida Statutes. |
| 107 | (b) Expenses of the workgroup, other than member travel |
| 108 | expenses, shall be paid from funds appropriated to the |
| 109 | Department of Children and Family Services, the Department of |
| 110 | Corrections, and the Agency for Health Care Administration. |
| 111 | (c) Each meeting of the workgroup shall be held in |
| 112 | Tallahassee at the offices of the Department of Children and |
| 113 | Family Services. The workgroup shall meet four times per year |
| 114 | and may use electronic means of communication for members unable |
| 115 | to attend, which may include, but are not limited to, conference |
| 116 | calls, webinars, and video conferencing. |
| 117 | (4)(a) The workgroup shall organize and conduct its |
| 118 | meetings in accordance with Robert's Rules of Order. |
| 119 | (b) The workgroup is authorized to request the Louis de la |
| 120 | Parte Florida Mental Health Institute at the University of South |
| 121 | Florida to conduct research or analysis of data projects |
| 122 | identified by the chair and the members, within existing |
| 123 | contractual agreements with the Department of Children and |
| 124 | Family Services. |
| 125 | (5) The review conducted by the workgroup under this |
| 126 | section shall include: |
| 127 | (a) The identification of all state funds being expended |
| 128 | on the care of adults with mental illnesses who have legal |
| 129 | involvement with state and county courts, including funds |
| 130 | expended on care in any correctional facility and funds expended |
| 131 | on medication, courts, attorneys, state institutions, contracts |
| 132 | with private institutions, community-based programs, Medicaid |
| 133 | services, state-funded substance abuse services, state-funded |
| 134 | mental health services, and managed care plans. |
| 135 | (b) A detailed examination of community-based service |
| 136 | delivery systems, including utilization issues, housing issues, |
| 137 | psychiatric emergency crisis response outcomes, effective |
| 138 | practices, and programs targeting individuals at risk for court |
| 139 | or legal involvement. |
| 140 | (c) A detailed review of data, utilization, and cost |
| 141 | analysis for individuals involved with the county courts, state |
| 142 | courts, state prisons, and state and private institutions who |
| 143 | have been charged with misdemeanors or felonies and who have a |
| 144 | diagnosis of serious and persistent mental illness. |
| 145 | (d) A detailed review of utilization data and costs for |
| 146 | individuals with traumatic brain injuries who have involvement |
| 147 | with state courts, state prisons, county courts, or county jails |
| 148 | and who have involvement with state-funded substance abuse and |
| 149 | mental health services. |
| 150 | (e) A review of the role and costs of early discharge and |
| 151 | inappropriate placement on the use of state prisons and county |
| 152 | jails from public crisis stabilization units, community |
| 153 | inpatient psychiatric hospitals, and state and private |
| 154 | institutions that care for persons with serious and persistent |
| 155 | mental illness. |
| 156 | (f) A review of the criminal code, including penalties and |
| 157 | sentencing guidelines, and other laws pertaining to the forensic |
| 158 | mentally ill to assess where changes could be made to protect |
| 159 | public safety while ensuring that the needs of the mentally ill |
| 160 | are met in a cost-effective manner, with a goal to create a plan |
| 161 | that will reduce reliance on state prisons and county jails. |
| 162 | (g) The identification of programs, practices, and |
| 163 | innovative solutions emerging in the state that would reduce the |
| 164 | need for incarceration, improve cost-effectiveness, and help |
| 165 | reduce the impact on the state budget and improve public safety. |
| 166 | (h) A process for requesting and reviewing innovative |
| 167 | proposals that would help the state optimize the use of state |
| 168 | funding by examining the use of special pilot projects, mental |
| 169 | health courts, changes in emergency psychiatric care, new |
| 170 | approaches to law enforcement practices and court diversion |
| 171 | programs, and the use of modified sentencing or waivers relative |
| 172 | to the criminal code. |
| 173 | (i) The development, in conjunction with the Agency for |
| 174 | Health Care Administration, of a proposal for legislative |
| 175 | consideration that would establish an innovative Medicaid waiver |
| 176 | that would help support stable housing and services for those |
| 177 | individuals defined as at risk of court-related involvement. For |
| 178 | the purposes of this subsection, the term "at risk of court- |
| 179 | related involvement" means a person who has been charged with a |
| 180 | misdemeanor or felony and diagnosed with a serious and |
| 181 | persistent mental illness. |
| 182 | (j) A review of the impact of substance abuse on the |
| 183 | system and methods to create integration and the use of Medicaid |
| 184 | waivers like the Medicaid 1915c Home and Community-Based Waiver |
| 185 | to provide a more integrated approach to treating substance |
| 186 | abuse in the community. |
| 187 | (k) The use of the involuntary outpatient commitment |
| 188 | requirements under the Baker Act and the need for changes to |
| 189 | those requirements that would help reduce or mitigate the |
| 190 | potential for court involvement in this process. This review |
| 191 | shall include the use of the Florida Medication Algorithm |
| 192 | Project and its implications for improved outcomes relative to |
| 193 | individuals at risk of court-related involvement. |
| 194 | (l) A review of the current status of the use of |
| 195 | electronic medical records, the need for broader use of |
| 196 | electronic medical records for individuals at risk of court |
| 197 | involvement, and the fiscal impact in terms of the savings this |
| 198 | type of client information system would have on reducing state |
| 199 | expenditures and improving access to care for those considered |
| 200 | most at risk. The workgroup may request experts in the field to |
| 201 | make presentation and respond to questions. The workgroup shall |
| 202 | make recommendations in response as provided in subsection (7). |
| 203 | (m) A review and comparison of the practices and standards |
| 204 | used in correctional facilities in providing mental health care |
| 205 | for individuals who are incarcerated in county jails, state |
| 206 | prisons, or state or private state mental health forensic |
| 207 | institutions. |
| 208 | (n) The consideration of plans and recommendations |
| 209 | concerning appropriate methods of diverting mentally ill inmates |
| 210 | to less restrictive and less expensive alternatives using |
| 211 | conditional release or probation. |
| 212 | (o) A review of probation and parole requirements for |
| 213 | recommended modifications to assist with improving community |
| 214 | placement and community control for persons with serious and |
| 215 | persistent mental illnesses who are eligible for probation. This |
| 216 | shall include a review of rules and policies and |
| 217 | recommendations. |
| 218 | (p) A review of practices associated with the discharge of |
| 219 | individuals with a serious mental illness from the Department of |
| 220 | Corrections and from state-operated and state-funded forensic |
| 221 | mental health institutions for compliance with interagency |
| 222 | agreements regarding placement in the community, recidivism to a |
| 223 | jail or institutional setting, and utilization of hospital |
| 224 | emergency rooms, involuntary commitment services, and crisis |
| 225 | stabilization units. |
| 226 | (6) The Department of Children and Family Services, the |
| 227 | Department of Corrections, and the Agency for Health Care |
| 228 | Administration may use outside research organizations, |
| 229 | including, but not limited to, the Office of Program Policy |
| 230 | Analysis and Government Accountability, to help collect |
| 231 | information for the workgroup to use in assessing the factors |
| 232 | contributing to the rise in the numbers of adults with serious |
| 233 | mental illness in the criminal justice system. |
| 234 | (7) The workgroup shall make recommendations in its |
| 235 | interim and final reports regarding proposed changes to the |
| 236 | state penal code, sentencing guidelines, state mental health |
| 237 | policy, and related strategies that would improve public safety |
| 238 | through better integration of behavioral health care at all |
| 239 | levels of the criminal justice system, with a goal of reducing |
| 240 | reliance on county jails and state prisons. The workgroup shall |
| 241 | submit an interim report with findings and recommendations to |
| 242 | the President of the Senate, the Speaker of the House of |
| 243 | Representatives, and the Governor no later than January 5, 2010, |
| 244 | and its final report with recommendations and findings by |
| 245 | January 5, 2011. |
| 246 | (8) The workgroup terminates and this section expires July |
| 247 | 1, 2011. |
| 248 | Section 3. This act shall take effect July 1, 2009. |