HB 5307

1	A bill to be entitled
2	An act relating to mental health and substance abuse;
3	repealing s. 394.655, F.S., relating to the establishment
4	of the Substance Abuse and Mental Health Corporation;
5	amending ss. 14.20195, 394.656, 394.657, 394.658, and
6	394.659, F.S.; conforming references to changes made by
7	the act; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Section 394.655, Florida Statutes, is repealed.
12	Section 2.  Paragraph (a) of subsection (2) of section
13	14.20195, Florida Statutes, is amended to read:
14	14.20195  Suicide Prevention Coordinating Council;
15	creation; membership; duties.-There is created within the
16	Statewide Office for Suicide Prevention a Suicide Prevention
17	Coordinating Council. The council shall develop strategies for
18	preventing suicide.
19	(2)  MEMBERSHIP.-The Suicide Prevention Coordinating
20	Council shall consist of 27 28 voting members.
21	(a)  Thirteen Fourteen members shall be appointed by the
22	director of the Office of Drug Control and shall represent the
23	following organizations:
24	1.  The Substance Abuse and Mental Health Corporation
25	described in s. 394.655.
26	1.2.  The Florida Association of School Psychologists.
27	2.3.  The Florida Sheriffs Association.
28	3.4.  The Suicide Prevention Action Network USA.
29	4.5.  The Florida Initiative of Suicide Prevention.
30	5.6.  The Florida Suicide Prevention Coalition.
31	6.7.  The Alzheimer's Association.
32	7.8.  The Florida School Board Association.
33	8.9.  Volunteer Florida.
34	9.10.  The state chapter of AARP.
35	10.11.  The Florida Alcohol and Drug Abuse Association.
36	11.12.  The Florida Council for Community Mental Health.
37	12.13.  The Florida Counseling Association.
38	13.14.  NAMI Florida.
39	Section 3.  Subsection (2) of section 394.656, Florida
40	Statutes, is amended to read:
41	394.656  Criminal Justice, Mental Health, and Substance
42	Abuse Reinvestment Grant Program.-
43	(2)  The department Florida Substance Abuse and Mental
44	Health Corporation, Inc., created in s. 394.655, shall establish
45	a Criminal Justice, Mental Health, and Substance Abuse Statewide
46	Grant Review Committee. The committee shall include:
47	(a)  Five current members or appointees of the corporation;
48	(a)(b)  One representative of the Department of Children
49	and Family Services;
50	(b)(c)  One representative of the Department of
51	Corrections;
52	(c)(d)  One representative of the Department of Juvenile
53	Justice;
54	(d)(e)  One representative of the Department of Elderly
55	Affairs; and
56	(e)(f)  One representative of the Office of the State
57	Courts Administrator.
58
59	To the extent possible, the members of the committee shall have
60	expertise in grant writing, grant reviewing, and grant
61	application scoring.
62	Section 4.  Subsection (1) of section 394.657, Florida
63	Statutes, is amended to read:
64	394.657  County planning councils or committees.-
65	(1)  Each board of county commissioners shall designate the
66	county public safety coordinating council established under s.
67	951.26, or designate another criminal or juvenile justice mental
68	health and substance abuse council or committee, as the planning
69	council or committee. The public safety coordinating council or
70	other designated criminal or juvenile justice mental health and
71	substance abuse council or committee, in coordination with the
72	county offices of planning and budget, shall make a formal
73	recommendation to the board of county commissioners regarding
74	how the Criminal Justice, Mental Health, and Substance Abuse
75	Reinvestment Grant Program may best be implemented within a
76	community. The board of county commissioners may assign any
77	entity to prepare the application on behalf of the county
78	administration for submission to the Criminal Justice, Mental
79	Health, and Substance Abuse Statewide Grant Review Committee
80	corporation for review. A county may join with one or more
81	counties to form a consortium and use a regional public safety
82	coordinating council or another county-designated regional
83	criminal or juvenile justice mental health and substance abuse
84	planning council or committee for the geographic area
85	represented by the member counties.
86	Section 5.  Subsection (1) of section 394.658, Florida
87	Statutes, is amended to read:
88	394.658  Criminal Justice, Mental Health, and Substance
89	Abuse Reinvestment Grant Program requirements.-
90	(1)  The Criminal Justice, Mental Health, and Substance
91	Abuse and Mental Health Corporation Statewide Grant Review
92	Committee, in collaboration with the Department of Children and
93	Family Services, the Department of Corrections, the Department
94	of Juvenile Justice, the Department of Elderly Affairs, and the
95	Office of the State Courts Administrator, shall establish
96	criteria to be used by the corporation to review submitted
97	applications and to select the county that will be awarded a 1-
98	year planning grant or a 3-year implementation or expansion
99	grant. A planning, implementation, or expansion grant may not be
100	awarded unless the application of the county meets the
101	established criteria.
102	(a)  The application criteria for a 1-year planning grant
103	must include a requirement that the applicant county or counties
104	have a strategic plan to initiate systemic change to identify
105	and treat individuals who have a mental illness, substance abuse
106	disorder, or co-occurring mental health and substance abuse
107	disorders who are in, or at risk of entering, the criminal or
108	juvenile justice systems. The 1-year planning grant must be used
109	to develop effective collaboration efforts among participants in
110	affected governmental agencies, including the criminal,
111	juvenile, and civil justice systems, mental health and substance
112	abuse treatment service providers, transportation programs, and
113	housing assistance programs. The collaboration efforts shall be
114	the basis for developing a problem-solving model and strategic
115	plan for treating adults and juveniles who are in, or at risk of
116	entering, the criminal or juvenile justice system and doing so
117	at the earliest point of contact, taking into consideration
118	public safety. The planning grant shall include strategies to
119	divert individuals from judicial commitment to community-based
120	service programs offered by the Department of Children and
121	Family Services in accordance with ss. 916.13 and 916.17.
122	(b)  The application criteria for a 3-year implementation
123	or expansion grant shall require information from a county that
124	demonstrates its completion of a well-established collaboration
125	plan that includes public-private partnership models and the
126	application of evidence-based practices. The implementation or
127	expansion grants may support programs and diversion initiatives
128	that include, but need not be limited to:
129	1.  Mental health courts;
130	2.  Diversion programs;
131	3.  Alternative prosecution and sentencing programs;
132	4.  Crisis intervention teams;
133	5.  Treatment accountability services;
134	6.  Specialized training for criminal justice, juvenile
135	justice, and treatment services professionals;
136	7.  Service delivery of collateral services such as
137	housing, transitional housing, and supported employment; and
138	8.  Reentry services to create or expand mental health and
139	substance abuse services and supports for affected persons.
140	(c)  Each county application must include the following
141	information:
142	1.  An analysis of the current population of the jail and
143	juvenile detention center in the county, which includes:
144	a.  The screening and assessment process that the county
145	uses to identify an adult or juvenile who has a mental illness,
146	substance abuse disorder, or co-occurring mental health and
147	substance abuse disorders;
148	b.  The percentage of each category of persons admitted to
149	the jail and juvenile detention center that represents people
150	who have a mental illness, substance abuse disorder, or co-
151	occurring mental health and substance abuse disorders; and
152	c.  An analysis of observed contributing factors that
153	affect population trends in the county jail and juvenile
154	detention center.
155	2.  A description of the strategies the county intends to
156	use to serve one or more clearly defined subsets of the
157	population of the jail and juvenile detention center who have a
158	mental illness or to serve those at risk of arrest and
159	incarceration. The proposed strategies may include identifying
160	the population designated to receive the new interventions, a
161	description of the services and supervision methods to be
162	applied to that population, and the goals and measurable
163	objectives of the new interventions. The interventions a county
164	may use with the target population may include, but are not
165	limited to:
166	a.  Specialized responses by law enforcement agencies;
167	b.  Centralized receiving facilities for individuals
168	evidencing behavioral difficulties;
169	c.  Postbooking alternatives to incarceration;
170	d.  New court programs, including pretrial services and
171	specialized dockets;
172	e.  Specialized diversion programs;
173	f.  Intensified transition services that are directed to
174	the designated populations while they are in jail or juvenile
175	detention to facilitate their transition to the community;
176	g.  Specialized probation processes;
177	h.  Day-reporting centers;
178	i.  Linkages to community-based, evidence-based treatment
179	programs for adults and juveniles who have mental illness or
180	substance abuse disorders; and
181	j.  Community services and programs designed to prevent
182	high-risk populations from becoming involved in the criminal or
183	juvenile justice system.
184	3.  The projected effect the proposed initiatives will have
185	on the population and the budget of the jail and juvenile
186	detention center. The information must include:
187	a.  The county's estimate of how the initiative will reduce
188	the expenditures associated with the incarceration of adults and
189	the detention of juveniles who have a mental illness;
190	b.  The methodology that the county intends to use to
191	measure the defined outcomes and the corresponding savings or
192	averted costs;
193	c.  The county's estimate of how the cost savings or
194	averted costs will sustain or expand the mental health and
195	substance abuse treatment services and supports needed in the
196	community; and
197	d.  How the county's proposed initiative will reduce the
198	number of individuals judicially committed to a state mental
199	health treatment facility.
200	4.  The proposed strategies that the county intends to use
201	to preserve and enhance its community mental health and
202	substance abuse system, which serves as the local behavioral
203	health safety net for low-income and uninsured individuals.
204	5.  The proposed strategies that the county intends to use
205	to continue the implemented or expanded programs and initiatives
206	that have resulted from the grant funding.
207	Section 6.  Subsection (2) of section 394.659, Florida
208	Statutes, is amended to read:
209	394.659  Criminal Justice, Mental Health, and Substance
210	Abuse Technical Assistance Center.-
211	(2)  The Substance Abuse and Mental Health Corporation and
212	the Criminal Justice, Mental Health, and Substance Abuse
213	Technical Assistance Center shall submit an annual report to the
214	Governor, the President of the Senate, and the Speaker of the
215	House of Representatives by January 1 of each year, beginning on
216	January 1, 2009. The report must include:
217	(a)  A detailed description of the progress made by each
218	grantee in meeting the goals described in the application;
219	(b)  A description of the effect the grant-funded
220	initiatives have had on meeting the needs of adults and
221	juveniles who have a mental illness, substance abuse disorder,
222	or co-occurring mental health and substance abuse disorders,
223	thereby reducing the number of forensic commitments to state
224	mental health treatment facilities;
225	(c)  A summary of the effect of the grant program on the
226	growth and expenditures of the jail, juvenile detention center,
227	and prison;
228	(d)  A summary of the initiative's effect on the
229	availability and accessibility of effective community-based
230	mental health and substance abuse treatment services for adults
231	and juveniles who have a mental illness, substance abuse
232	disorder, or co-occurring mental health and substance abuse
233	disorders. The summary must describe how the expanded community
234	diversion alternatives have reduced incarceration and
235	commitments to state mental health treatment facilities; and
236	(e)  A summary of how the local matching funds provided by
237	the county or consortium of counties leveraged additional
238	funding to further the goals of the grant program.
239	Section 7.  This act shall take effect July 1, 2010.

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