Florida Senate - 2011                                    SB 1784
       
       
       
       By Senator Storms
       
       
       
       
       10-00259-11                                           20111784__
    1                        A bill to be entitled                      
    2         An act relating to forensic mental health; amending s.
    3         394.457, F.S.; providing additional responsibilities
    4         for certain contractors of the Department of Children
    5         and Family Services; requiring that the department
    6         make certain training available to correctional
    7         personnel; amending s. 394.4655, F.S.; providing for
    8         involuntary outpatient treatment plans that require
    9         patients to take all prescribed medications in certain
   10         circumstances; amending s. 394.78, F.S.; providing for
   11         set-asides for service providers that have supportive
   12         employment programs; amending s. 948.001, F.S.;
   13         defining the term “department” for purposes of ch.
   14         948, F.S.; creating s. 948.0395, F.S.; providing for
   15         the creation of a forensic mental health probation and
   16         parole program; providing program requirements;
   17         providing for designation of certain correctional
   18         probation officers as forensic probation officers;
   19         requiring establishment of requirements for such
   20         officers; providing duties for such officers;
   21         authorizing the Department of Corrections to establish
   22         an advisory workgroup to assist with the program;
   23         requiring that the department adopt rules; authorizing
   24         the chief judge of each circuit to establish a mental
   25         health court; providing requirements for such courts;
   26         authorizing specified activities by such courts;
   27         requiring each court to have a coordinator for certain
   28         aspects of the court’s operations; requiring that such
   29         courts be funded from existing revenues or from a
   30         specified grant program; requiring that the Department
   31         of Children and Family Services adopt rules relating
   32         to supportive housing; requiring that the Office of
   33         Program Policy Analysis and Government Accountability
   34         perform a study of the forensic mental health system;
   35         requiring that the study examine the causes impacting
   36         the incarceration of the mentally ill in state and
   37         local correctional facilities; requiring that a report
   38         of such study be submitted to the Legislature by a
   39         specified date; providing an effective date.
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Paragraphs (c) and (d) are added to subsection
   44  (2) of section 394.457, Florida Statutes, and subsection (8) is
   45  added to that section, to read:
   46         394.457 Operation and administration.—
   47         (2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is
   48  responsible for:
   49         (c) Ensuring that each state contract mental health agency
   50  that works with individuals who are under forensic mental health
   51  probation and parole:
   52         1. Ensures that each person enrolled in the probation and
   53  parole program has a forensic case manager who is working
   54  towards reducing the need for institutional placement.
   55         2. Coordinates between the forensic probation and parole
   56  program, mental health court, and other agencies needed to help
   57  improve access to care.
   58         (d) In cooperation with each circuit administrator,
   59  supervising all forensic mental health programs and contracts,
   60  which shall be carried out by the department’s central office
   61  staff.
   62         (8) TRAINING FOR CORRECTIONAL PERSONNEL.—The department may
   63  make available training on the special needs of adult forensic
   64  mental health inmates incarcerated in state correctional
   65  facilities operated by the Department of Corrections or a
   66  private vendor to the staffs of these institutions.
   67         Section 2. Paragraph (a) of subsection (2) of section
   68  394.4655, Florida Statutes, is amended to read:
   69         394.4655 Involuntary outpatient placement.—
   70         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
   71         (a)1. A patient who is being recommended for involuntary
   72  outpatient placement by the administrator of the receiving
   73  facility where the patient has been examined may be retained by
   74  the facility after adherence to the notice procedures provided
   75  in s. 394.4599. The recommendation must be supported by the
   76  opinion of a psychiatrist and the second opinion of a clinical
   77  psychologist or another psychiatrist, both of whom have
   78  personally examined the patient within the preceding 72 hours,
   79  that the criteria for involuntary outpatient placement are met.
   80  However, in a county having a population of fewer than 50,000,
   81  if the administrator certifies that a psychiatrist or clinical
   82  psychologist is not available to provide the second opinion, the
   83  second opinion may be provided by a licensed physician who has
   84  postgraduate training and experience in diagnosis and treatment
   85  of mental and nervous disorders or by a psychiatric nurse. Any
   86  second opinion authorized in this subparagraph may be conducted
   87  through a face-to-face examination, in person or by electronic
   88  means. Such recommendation must be entered on an involuntary
   89  outpatient placement certificate that authorizes the receiving
   90  facility to retain the patient pending completion of a hearing.
   91  The certificate shall be made a part of the patient’s clinical
   92  record.
   93         2. If the patient has been stabilized and no longer meets
   94  the criteria for involuntary examination pursuant to s.
   95  394.463(1), the patient must be released from the receiving
   96  facility while awaiting the hearing for involuntary outpatient
   97  placement. Before filing a petition for involuntary outpatient
   98  treatment, the administrator of a receiving facility or a
   99  designated department representative must identify the service
  100  provider that will have primary responsibility for service
  101  provision under an order for involuntary outpatient placement,
  102  unless the person is otherwise participating in outpatient
  103  psychiatric treatment and is not in need of public financing for
  104  that treatment, in which case the individual, if eligible, may
  105  be ordered to involuntary treatment pursuant to the existing
  106  psychiatric treatment relationship.
  107         3. The service provider shall prepare a written proposed
  108  treatment plan in consultation with the patient or the patient’s
  109  guardian advocate, if appointed, for the court’s consideration
  110  for inclusion in the involuntary outpatient placement order. The
  111  service provider shall also provide a copy of the proposed
  112  treatment plan to the patient and the administrator of the
  113  receiving facility. The treatment plan must specify the nature
  114  and extent of the patient’s mental illness, address the
  115  reduction of symptoms that necessitate involuntary outpatient
  116  placement, and include measurable goals and objectives for the
  117  services and treatment that are provided to treat the person’s
  118  mental illness and assist the person in living and functioning
  119  in the community or to prevent a relapse or deterioration.
  120  Service providers may select and supervise other individuals to
  121  implement specific aspects of the treatment plan. The services
  122  in the treatment plan must be deemed clinically appropriate by a
  123  physician, clinical psychologist, psychiatric nurse, mental
  124  health counselor, marriage and family therapist, or clinical
  125  social worker who consults with, or is employed or contracted
  126  by, the service provider. The service provider must certify to
  127  the court in the proposed treatment plan whether sufficient
  128  services for improvement and stabilization are currently
  129  available and whether the service provider agrees to provide
  130  those services. If the service provider certifies that the
  131  services in the proposed treatment plan are not available, the
  132  petitioner may not file the petition.
  133         4. If the patient is to be supervised by a forensic mental
  134  health case manager, the plan may require the patient to take
  135  all prescribed medications.
  136         Section 3. Subsection (7) is added to section 394.78,
  137  Florida Statutes, to read:
  138         394.78 Operation and administration; personnel standards;
  139  procedures for audit and monitoring of service providers;
  140  resolution of disputes.—
  141         (7) The department, subject to current resources, shall
  142  examine opportunities to generate cost savings through the use
  143  of set-aside agreements with supportive employment programs that
  144  serve forensic mental health clients living in the community
  145  under plans of conditional release.
  146         Section 4. Subsections (6) through (13) of section 948.001,
  147  Florida Statutes, are renumbered as subsections (7) through
  148  (14), respectively, and a new subsection (5) is added to that
  149  section to read:
  150         948.001 Definitions.—As used in this chapter, the term:
  151         (5) “Department” means the Department of Corrections.
  152         Section 5. Section 948.0395, Florida Statutes, is created
  153  to read:
  154         948.0395 Forensic probation and parole program.—
  155         (1) The department shall create a forensic mental health
  156  probation and parole program that is responsible for the reentry
  157  of mentally ill inmates back into the community.
  158         (2) The forensic probation and parole program shall focus
  159  on compliance with care, supervision of conditional plans of
  160  release, tracking information, and reducing inappropriate
  161  placements and jail utilization. The department shall make sex
  162  offenders a high priority for supervision and for placement in
  163  safe housing that is not located near children.
  164         (3) This program shall be established within the current
  165  department funding and the secretary may reorganize the
  166  probation and parole staff and programs to assist with the
  167  development of the forensic mental health program. The
  168  department may have a probation officer serve in a dual role as
  169  a trained forensic mental health probation officer as well as an
  170  officer for persons subject to general probation and parole.
  171         (4)(a) The department may designate correctional probation
  172  officers as forensic probation officers.
  173         (b) The department shall establish requirements for such
  174  forensic mental health probation officers.
  175         (c) Forensic mental health probation officers shall
  176  coordinate issues and compliance with the Department of Children
  177  and Family Services’ forensic case manager and establish plans
  178  having the goal of improving plan compliance and reducing the
  179  need for incarcerations due to violations.
  180         (d) Forensic mental health probation officers shall work
  181  with all relevant agencies to further the goals of the forensic
  182  mental health program.
  183         (5) The department may establish an advisory workgroup to
  184  assist the department in gathering input, providing professional
  185  expertise, and developing appropriate policies and procedures to
  186  ensure implementation of this section.
  187         (6) The department shall adopt rules pursuant to ss.
  188  120.536(1) and 120.54 to implement the provisions of this
  189  section conferring duties upon it.
  190         Section 6. (1) The chief judge of each circuit may
  191  establish a mental health court to help reduce the cost of
  192  managing cases that pertain to persons with mental illnesses who
  193  have court involvement. The chief judge shall supervise the
  194  mental health court.
  195         (2) Each mental health court shall:
  196         (a) Have an advisory workgroup for the purpose of providing
  197  input, which shall serve as a coordinating workgroup to help
  198  improve access to community-based services and improve access to
  199  care for persons involved with the criminal justice system.
  200         (b) Establish eligibility criteria. A person charged with a
  201  felony who, upon evaluation, is considered to be a minimal
  202  threat to public safety may be considered for mental health
  203  court involvement.
  204         (c) Focus on improving compliance with mental health care
  205  and treatment and may require state agencies to comply with its
  206  orders and directives.
  207         (d) Supervise the processing of felonies and misdemeanors
  208  and determine which cases shall be referred for criminal
  209  prosecution and incarceration and which are eligible for
  210  diversion programs and alternatives.
  211         (e) Be the ongoing contact with the criminal justice system
  212  for persons found incompetent to proceed under s. 916.145,
  213  Florida Statutes.
  214         (f) Process all evaluations for each person charged with a
  215  felony and require evaluations for competency to proceed or a
  216  determination of not guilty by reason of insanity.
  217         (3) A mental health court may:
  218         (a) Establish drug repository programs and accept unused
  219  medications from nursing homes and licensed assisted living
  220  facilities to be repackaged and used for mental health court
  221  participants who need medications.
  222         (b) Provide a waiver of charges and allow the court
  223  flexibility in dispositions.
  224         (c) Authorize the use of medication algorithms for mental
  225  health court participants.
  226         (d) Require individuals who are enrolled in Medicaid,
  227  prepaid mental health plans, or Medicaid health maintenance
  228  organizations to obtain maximum available reimbursement for all
  229  medically necessary services.
  230         (4)(a) Each mental health court shall have a coordinator to
  231  run the day-to-day elements of the program.
  232         (b) The coordinator shall supervise the forensic mental
  233  health case managers and receive reports from the case managers.
  234         (c) The coordinator shall evaluate a participant’s threat
  235  to public safety and make recommendations to the court regarding
  236  compliance or appropriateness for court involvement.
  237         (5) A mental health court may supervise compliance with the
  238  assisted outpatient treatment laws as such laws relate to court
  239  requirements that outpatients take their medications.
  240         (6) Mental health courts shall be funded from within
  241  existing resources or from grants under s. 394.658, Florida
  242  Statutes.
  243         Section 7. The Department of Children and Family Services
  244  shall adopt rules relating to supportive housing. In
  245  establishing these rules, the department shall define the term
  246  “supportive housing” and shall address consumer health and
  247  safety and the use of state subsidies.
  248         Section 8. The Office of Program Policy Analysis and
  249  Government Accountability shall perform a study of the forensic
  250  mental health system. The study shall examine the causes that
  251  impact the incarceration of the mentally ill in state and local
  252  correctional facilities. The report shall be submitted to the
  253  President of the Senate and the Speaker of the House of
  254  Representatives by December 31, 2011.
  255         Section 9. This act shall take effect July 1, 2011.