Florida Senate - 2011 (PROPOSED COMMITTEE BILL) SPB 7078
FOR CONSIDERATION By the Committee on Children, Families, and
Elder Affairs
586-02503A-11 20117078__
1 A bill to be entitled
2 An act relating to mental health and substance abuse
3 treatment; amending s. 916.106, F.S.; redefining the
4 term “court” for purposes of the Forensic Client
5 Services Act to include county courts; amending s.
6 916.13, F.S.; requiring the Department of Children and
7 Family Services to provide a discharged defendant with
8 a 7-day supply of psychotropic medication when he or
9 she is returning to jail from a state treatment
10 facility; requiring the department to prescribe a
11 specified formulary when filling prescriptions for
12 psychotropic medications; creating s. 916.185, F.S.;
13 creating the Forensic Hospital Diversion Pilot
14 Program; providing legislative intent; providing
15 definitions; requiring the department to implement a
16 Forensic Hospital Diversion Pilot Program in two
17 specified judicial circuits; providing the scope of
18 eligibility for the pilot program; providing
19 legislative intent concerning training; authorizing
20 the department to adopt rules; directing the Office of
21 Program Policy Analysis and Government Accountability
22 to submit a report to the Governor and Legislature;
23 amending s. 951.23, F.S.; defining the term “facility”
24 for purposes of the administration of county and
25 municipal detention facilities to include detention
26 facilities and residential probation centers;
27 requiring county and municipal detention facilities to
28 use a formulary approved by the Department of Children
29 and Family Services when prescribing psychotropic
30 medications for defendants discharged from state
31 treatment facilities; providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Subsection (5) of section 916.106, Florida
36 Statutes, is amended to read:
37 916.106 Definitions.—For the purposes of this chapter, the
38 term:
39 (5) “Court” means the circuit or county court.
40 Section 2. Subsection (2) of section 916.13, Florida
41 Statutes, is amended to read:
42 916.13 Involuntary commitment of defendant adjudicated
43 incompetent.—
44 (2) A defendant who has been charged with a felony and who
45 has been adjudicated incompetent to proceed due to mental
46 illness, and who meets the criteria for involuntary commitment
47 to the department under the provisions of this chapter, may be
48 committed to the department, and the department shall retain and
49 treat the defendant.
50 (a) No later than 6 months after the date of admission and
51 at the end of any period of extended commitment, or at any time
52 the administrator or designee shall have determined that the
53 defendant has regained competency to proceed or no longer meets
54 the criteria for continued commitment, the administrator or
55 designee shall file a report with the court pursuant to the
56 applicable Florida Rules of Criminal Procedure.
57 (b) Pursuant to the court order finding a defendant
58 competent to proceed, a defendant who is being discharged from a
59 state treatment facility under this section shall be provided a
60 7-day supply of the psychotropic medications he or she is
61 receiving at the time of discharge, which medications shall be
62 transported with the defendant and provided to jail personnel.
63 The defendant shall be maintained on such medications to
64 accommodate continuity of care and to ensure the ongoing level
65 of treatment that successfully assisted the defendant in
66 attaining competence to proceed or caused the defendant to no
67 longer meet the requirement for continued commitment. The most
68 recent Florida State Hospital formulary approved by the
69 department shall be used when filling prescriptions for
70 psychotropic medications prescribed to defendants being
71 discharged from state treatment facilities under this section.
72 Section 3. Section 916.185, Florida Statutes, is created to
73 read:
74 916.185 Forensic Hospital Diversion Pilot Program.—
75 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
76 that many jail inmates who have serious mental illnesses and who
77 are committed to state forensic mental health treatment
78 facilities for restoration of competency to proceed could be
79 served more effectively and at less cost in community-based
80 alternative programs. The Legislature further finds that many
81 people who have serious mental illnesses and who have been
82 discharged from state forensic mental health treatment
83 facilities could avoid recidivism to the criminal justice and
84 forensic mental health systems if they received specialized
85 treatment in the community. Therefore, it is the intent of the
86 Legislature to create the Forensic Hospital Diversion Pilot
87 Program to serve individuals who have mental illnesses or co
88 occurring mental illnesses and substance use disorders and who
89 are involved in or at risk of entering state forensic mental
90 health treatment facilities, prisons, jails, or state civil
91 mental health treatment facilities.
92 (2) DEFINITIONS.—As used in this section, the term:
93 (a) “Best practices” means treatment services that
94 incorporate the most effective and acceptable interventions
95 available in the care and treatment of individuals who are
96 diagnosed as having mental illnesses or co-occurring mental
97 illnesses and substance use disorders.
98 (b) “Community forensic system” means the community mental
99 health and substance use forensic treatment system, including
100 the comprehensive set of services and supports provided to
101 individuals involved in or at risk of becoming involved in the
102 criminal justice system.
103 (c) “Evidence-based practices” means interventions and
104 strategies that, based on the best available empirical research,
105 demonstrate effective and efficient outcomes in the care and
106 treatment of individuals who are diagnosed as having mental
107 illnesses or co-occurring mental illnesses and substance use
108 disorders.
109 (3) CREATION.—There is created a Forensic Hospital
110 Diversion Pilot Program that will provide competency-restoration
111 and community-reintegration services in locked residential
112 treatment facilities when appropriate, based on considerations
113 of public safety, the needs of the individual, and available
114 resources.
115 (a) The department shall implement a Forensic Hospital
116 Diversion Pilot Program in Escambia County, in conjunction with
117 the First Judicial Circuit in Escambia County, and in
118 Hillsborough County, in conjunction with the Thirteenth Judicial
119 Circuit in Hillsborough County, modeled after the Miami-Dade
120 Forensic Alternative Center, taking into account local needs and
121 resources.
122 (b) In creating and implementing the program, the
123 department shall include a comprehensive continuum of care and
124 services that use evidence-based practices and best practices to
125 treat people who have mental health and co-occurring substance
126 use disorders.
127 (c) The department and the corresponding judicial circuits
128 shall implement this section within available resources. The
129 department may reallocate resources from forensic mental health
130 programs or other adult mental health programs serving
131 individuals involved in the criminal justice system.
132 (4) ELIGIBILITY.—Participation in the Forensic Hospital
133 Diversion Pilot Program is limited to persons who:
134 (a) Are 18 years of age or older;
135 (b) Are charged with a nonviolent felony of the second
136 degree or a nonviolent felony of the third degree;
137 (c) Are adjudicated incompetent to proceed to trial or not
138 guilty by reason of insanity pursuant to this chapter;
139 (d) Meet public safety and treatment criteria established
140 by the department for placement in a community setting; and
141 (e) Otherwise would be admitted to a state mental health
142 treatment facility.
143 (5) TRAINING.—The Legislature encourages the Florida
144 Supreme Court, in consultation and cooperation with the Supreme
145 Court Mental Health and Substance Abuse Committee, to develop
146 educational training for judges in the pilot program areas which
147 focuses on the community forensic system.
148 (6) RULEMAKING.—The department may adopt rules under ss.
149 120.536(1) and 120.54 to administer this section.
150 (7) REPORT.—The Office of Program Policy Analysis and
151 Government Accountability shall review and evaluate the Forensic
152 Hospital Diversion Pilot Program and submit a report to the
153 Governor, the President of the Senate, and the Speaker of the
154 House of Representatives by December 31, 2012. The report shall
155 examine the efficiency and cost-effectiveness of providing
156 forensic services in secure, outpatient, community-based
157 settings. In addition, the report shall examine the impact of
158 the Forensic Hospital Diversion Pilot Program on public health
159 and safety.
160 Section 4. Subsections (1) and (4) of section 951.23,
161 Florida Statutes, are amended to read:
162 951.23 County and municipal detention facilities;
163 definitions; administration; standards and requirements.—
164 (1) DEFINITIONS.—As used in this section, the term:
165 (a) “County detention facility” means a county jail, a
166 county stockade, a county work camp, a county residential
167 probation center, and any other place except a municipal
168 detention facility used by a county or county officer for the
169 detention of persons charged with or convicted of either felony
170 or misdemeanor.
171 (b) “County residential probation center” means a county
172 operated facility housing offenders serving misdemeanor
173 sentences or first-time felony sentences. Such facilities shall
174 provide or contract for the provision of the programs
175 established under s. 951.231.
176 (c) “County prisoner” means a person who is detained in a
177 county detention facility by reason of being charged with or
178 convicted of either felony or misdemeanor.
179 (d) “Facility” means a county detention facility, county
180 residential probation center, or municipal detention facility.
181 (e)(d) “Municipal detention facility” means a city jail, a
182 city stockade, a city prison camp, and any other place except a
183 county detention facility used by a municipality or municipal
184 officer for the detention of persons charged with or convicted
185 of violation of municipal laws or ordinances.
186 (f)(e) “Municipal prisoner” means a person who is detained
187 in a municipal detention facility by reason of being charged
188 with or convicted of violation of municipal law or ordinance.
189 (g)(f) “Reduced custody housing area” means that area of a
190 county detention facility or municipal detention facility which
191 is designed to hold a large number of prisoners in a dormitory
192 or barracks-type setting. The area may or may not have a
193 security exterior, limited access, or exterior walls constructed
194 of canvas, cloth, or any material similarly flexible or woven,
195 which is flame resistant and is supported by a structural frame
196 of metal or similar durable material.
197 (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
198 OFFICERS.—
199 (a) There shall be established a five-member working group
200 consisting of three persons appointed by the Florida Sheriffs
201 Association and two persons appointed by the Florida Association
202 of Counties to develop model standards for county and municipal
203 detention facilities. By October 1, 1996, each sheriff and chief
204 correctional officer shall adopt, at a minimum, the model
205 standards with reference to:
206 1.a. The construction, equipping, maintenance, and
207 operation of county and municipal detention facilities.
208 b. The cleanliness and sanitation of county and municipal
209 detention facilities; the number of county and municipal
210 prisoners who may be housed therein per specified unit of floor
211 space; the quality, quantity, and supply of bedding furnished to
212 such prisoners; the quality, quantity, and diversity of food
213 served to them and the manner in which it is served; the
214 furnishing to them of medical attention and health and comfort
215 items; and the disciplinary treatment which may be meted out to
216 them.
217
218 Notwithstanding the provisions of the otherwise applicable
219 building code, a reduced custody housing area may be occupied by
220 inmates or may be used for sleeping purposes as allowed in
221 subsection (7). The sheriff or chief correctional officer shall
222 provide that a reduced custody housing area shall be governed by
223 fire and life safety standards which do not interfere with the
224 normal use of the facility and which affect a reasonable degree
225 of compliance with rules of the State Fire Marshal for
226 correctional facilities.
227 2. The confinement of prisoners by classification and
228 providing, whenever possible, for classifications which separate
229 males from females, juveniles from adults, felons from
230 misdemeanants, and those awaiting trial from those convicted
231 and, in addition, providing for the separation of special risk
232 prisoners, such as the mentally ill, alcohol or narcotic
233 addicts, sex deviates, suicide risks, and any other
234 classification which the local unit may deem necessary for the
235 safety of the prisoners and the operation of the facility
236 pursuant to degree of risk and danger criteria. Nondangerous
237 felons may be housed with misdemeanants.
238 (b) A county or municipal detention facility which stocks
239 medicinal drugs in quantities other than individual
240 prescriptions must obtain the services of a consultant
241 pharmacist or dispensing physician and comply with the licensing
242 requirements of chapter 465. A facility which has a valid
243 license pursuant to chapter 465 shall have that part of its
244 medical services relating to procedures for the safe handling
245 and storage of medicinal drugs exempt from the inspection
246 requirements of this section. A facility which maintains only
247 individual prescriptions dispensed by a licensed pharmacist is
248 not required to be licensed under chapter 465. All facilities
249 filling prescriptions for psychotropic medications prescribed to
250 defendants discharged from state treatment facilities under s.
251 916.13 shall follow the most recent Florida State Hospital
252 formulary approved by the Department of Children and Family
253 Services.
254 Section 5. This act shall take effect July 1, 2011.