Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 7070
       
       
       
       
       
       
                                Ì6324386Î632438                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2015           .                                
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       The Committee on Appropriations (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 3063 - 3154
    4  and insert:
    5         Section 16. Effective July 1, 2016, section 394.4672,
    6  Florida Statutes, is amended to read:
    7         394.4672 Procedure for placement of veteran with federal
    8  agency.—
    9         (1) A facility owned, operated, or administered by the
   10  United States Department of Veterans Affairs which provides
   11  mental health services has authority as granted by the
   12  Department of Veterans’ Affairs to:
   13         (a) Initiate and conduct involuntary examinations pursuant
   14  to s. 394.463.
   15         (b) Provide voluntary treatment pursuant to s. 394.4625.
   16         (c) Petition for involuntary inpatient placement pursuant
   17  to s. 394.467.
   18         (d) Provide involuntary inpatient placement pursuant to
   19  this part.
   20         (2)(1)If a Whenever it is determined by the court
   21  determines that an individual a person meets the criteria for
   22  involuntary placement and he or she it appears that such person
   23  is eligible for care or treatment by the United States
   24  Department of Veterans Affairs or another other agency of the
   25  United States Government, the court, upon receipt of a
   26  certificate from the United States Department of Veterans
   27  Affairs or such other agency showing that facilities are
   28  available and that the individual person is eligible for care or
   29  treatment therein, may place that individual person with the
   30  United States Department of Veterans Affairs or other federal
   31  agency. The individual person whose placement is sought shall be
   32  personally served with notice of the pending placement
   33  proceeding in the manner as provided in this part., and nothing
   34  in This section does not shall affect the individual’s his or
   35  her right to appear and be heard in the proceeding. Upon
   36  placement, the individual is person shall be subject to the
   37  rules and regulations of the United States Department of
   38  Veterans Affairs or other federal agency.
   39         (3)(2) The judgment or order of placement issued by a court
   40  of competent jurisdiction of another state or of the District of
   41  Columbia which places an individual, placing a person with the
   42  United States Department of Veterans Affairs or other federal
   43  agency for care or treatment has, shall have the same force and
   44  effect in this state as in the jurisdiction of the court
   45  entering the judgment or making the order.; and The courts of
   46  the placing state or of the District of Columbia shall retain be
   47  deemed to have retained jurisdiction of the individual person so
   48  placed. Consent is hereby given to the application of the law of
   49  the placing state or district with respect to the authority of
   50  the chief officer of any facility of the United States
   51  Department of Veterans Affairs or other federal agency operated
   52  in this state to retain custody or to transfer, parole, or
   53  discharge the individual person.
   54         (4)(3) Upon receipt of a certificate of the United States
   55  Department of Veterans Affairs or another such other federal
   56  agency that facilities are available for the care or treatment
   57  of individuals who have mental illness or substance abuse
   58  impairment mentally ill persons and that an individual the
   59  person is eligible for that care or treatment, the administrator
   60  of the receiving or treatment facility may cause the transfer of
   61  that individual person to the United States Department of
   62  Veterans Affairs or other federal agency. Upon effecting such
   63  transfer, the committing court shall be notified by the
   64  transferring agency. An individual may not No person shall be
   65  transferred to the United States Department of Veterans Affairs
   66  or other federal agency if he or she is confined pursuant to the
   67  conviction of any felony or misdemeanor or if he or she has been
   68  acquitted of the charge solely on the ground of insanity, unless
   69  prior to transfer the court placing the individual such person
   70  enters an order for the transfer after appropriate motion and
   71  hearing and without objection by the United States Department of
   72  Veterans Affairs.
   73         (5)(4)An individual Any person transferred as provided in
   74  this section is shall be deemed to be placed with the United
   75  States Department of Veterans Affairs or other federal agency
   76  pursuant to the original placement.
   77         Section 17. Section 394.47891, Florida Statutes, is amended
   78  to read:
   79         394.47891 Military veterans and servicemembers court
   80  programs.—The chief judge of each judicial circuit may establish
   81  a Military Veterans and Servicemembers Court Program under which
   82  veterans, as defined in s. 1.01, including veterans who were
   83  discharged or released under a general discharge, and
   84  servicemembers, as defined in s. 250.01, who are convicted of a
   85  criminal offense and who suffer from a military-related mental
   86  illness, traumatic brain injury, substance abuse disorder, or
   87  psychological problem can be sentenced in accordance with
   88  chapter 921 in a manner that appropriately addresses the
   89  severity of the mental illness, traumatic brain injury,
   90  substance abuse disorder, or psychological problem through
   91  services tailored to the individual needs of the participant.
   92  Entry into any Military Veterans and Servicemembers Court
   93  Program must be based upon the sentencing court’s assessment of
   94  the defendant’s criminal history, military service, substance
   95  abuse treatment needs, mental health treatment needs,
   96  amenability to the services of the program, the recommendation
   97  of the state attorney and the victim, if any, and the
   98  defendant’s agreement to enter the program.
   99         Section 18. Section 394.47892, Florida Statutes, is created
  100  to read:
  101         394.47892 Treatment-based mental health court programs.—
  102         (1) Each county may fund a treatment-based mental health
  103  court program under which persons in the justice system assessed
  104  with a mental illness will be processed in such a manner as to
  105  appropriately address the severity of the identified mental
  106  health problem through treatment services tailored to the
  107  individual needs of the participant. The Legislature intends to
  108  encourage the Department of Corrections, the Department of
  109  Children and Families, the Department of Juvenile Justice, the
  110  Department of Health, the Department of Law Enforcement, the
  111  Department of Education, and such agencies, local governments,
  112  law enforcement agencies, other interested public or private
  113  sources, and individuals to support the creation and
  114  establishment of these problem-solving court programs.
  115  Participation in the treatment-based mental health court
  116  programs does not divest any public or private agency of its
  117  responsibility for a child or adult, but enables these agencies
  118  to better meet their needs through shared responsibility and
  119  resources.
  120         (2) Entry into any pretrial treatment-based mental health
  121  court program is voluntary.
  122         (3)(a) Entry into any postadjudicatory treatment-based
  123  mental health court program as a condition of probation or
  124  community control pursuant to s. 948.01 or s. 948.06 must be
  125  based upon the sentencing court’s assessment of the defendant’s
  126  criminal history, mental health screening outcome, amenability
  127  to the services of the program, the recommendation of the state
  128  attorney and the victim, if any, and the defendant’s agreement
  129  to enter the program.
  130         (b) An offender who is sentenced to a postadjudicatory
  131  treatment-based mental health court program and who, while a
  132  mental health court program participant, is the subject of a
  133  violation of probation or community control under s. 948.06
  134  shall have the violation of probation or community control heard
  135  by the judge presiding over the postadjudicatory treatment-based
  136  mental health court program. The judge shall dispose of any such
  137  violation, after a hearing on or admission of the violation, as
  138  he or she deems appropriate if the resulting sentence or
  139  conditions are lawful.
  140         (4) Treatment-based mental health court programs may
  141  include pretrial intervention programs as provided in s. 948.08,
  142  treatment-based mental health court programs authorized in
  143  chapter 39, postadjudicatory programs as provided in ss. 948.01
  144  and 948.06, and review of the status of compliance or
  145  noncompliance of sentenced offenders through a treatment-based
  146  mental health court program.
  147         (5) Contingent upon an annual appropriation by the
  148  Legislature, each judicial circuit with a treatment-based mental
  149  health court program shall establish, at a minimum, one
  150  coordinator position for the treatment-based mental health court
  151  program within the state courts system to coordinate the
  152  responsibilities of the participating agencies and service
  153  providers. Each coordinator shall provide direct support to the
  154  treatment-based mental health court program by providing
  155  coordination between the multidisciplinary team and the
  156  judiciary, providing case management, monitoring compliance of
  157  the participants in the treatment-based mental health court
  158  program with court requirements, and providing program
  159  evaluation and accountability.
  160         (6) If a county chooses to fund a treatment-based mental
  161  health court program, the county must secure funding from
  162  sources other than the state for those costs not otherwise
  163  assumed by the state pursuant to s. 29.004. However, this does
  164  not preclude a county from using treatment and other service
  165  funding provided through state executive branch agencies.
  166  Counties may provide, by interlocal agreement, for the
  167  collective funding of these programs.
  168         (7) The chief judge of each judicial circuit may appoint an
  169  advisory committee for the treatment-based mental health court
  170  program. The committee shall be composed of the chief judge, or
  171  his or her designee, who shall serve as chair; the judge of the
  172  treatment-based mental health court program, if not otherwise
  173  designated by the chief judge as his or her designee; the state
  174  attorney, or his or her designee; the public defender, or his or
  175  her designee; the treatment-based mental health court program
  176  coordinators; community representatives; treatment
  177  representatives; and any other persons the chair finds are
  178  appropriate.
  179         Section 19. Section 394.656, Florida Statutes, is amended
  180  to read:
  181         394.656 Criminal Justice, Mental Health, and Substance
  182  Abuse Reinvestment Grant Program.—
  183         (1) There is created within the Department of Children and
  184  Families the Criminal Justice, Mental Health, and Substance
  185  Abuse Reinvestment Grant Program. The purpose of the program is
  186  to provide funding to counties with which they can plan,
  187  implement, or expand initiatives that increase public safety,
  188  avert increased spending on criminal justice, and improve the
  189  accessibility and effectiveness of treatment services for adults
  190  and juveniles who have a mental illness, substance abuse
  191  disorder, or co-occurring mental health and substance abuse
  192  disorders and who are in, or at risk of entering, the criminal
  193  or juvenile justice systems.
  194         (2) The department shall establish a Criminal Justice,
  195  Mental Health, and Substance Abuse Statewide Grant Review
  196  Committee. The committee shall include:
  197         (a) One representative of the Department of Children and
  198  Families;
  199         (b) One representative of the Department of Corrections;
  200         (c) One representative of the Department of Juvenile
  201  Justice;
  202         (d) One representative of the Department of Elderly
  203  Affairs; and
  204         (e) One representative of the Office of the State Courts
  205  Administrator;
  206         (f) One representative of the Department of Veterans’
  207  Affairs;
  208         (g) One representative of the Florida Sheriffs Association;
  209         (h) One representative of the Florida Police Chiefs
  210  Association;
  211         (i) One representative of the Florida Association of
  212  Counties;
  213         (j) One representative of the Florida Alcohol and Drug
  214  Abuse Association; and
  215         (k) One representative from the Florida Council for
  216  Community Mental Health.
  217  
  218  The committee shall serve as the advisory body to review policy
  219  and funding issues that help reduce the impact of persons with
  220  mental illness and substance abuse disorders on communities and
  221  the court system. The committee shall advise the department in
  222  selecting priorities for applying and reviewing grants and
  223  investing awarded grant moneys.
  224         (3) In addition to the committee established pursuant to
  225  subsection (2), the department shall create a grant review and
  226  selection committee. To the extent possible, the members of the
  227  grant review and selection committee shall have expertise in the
  228  content areas relating to grant applications, including, but not
  229  limited to, substance abuse and mental health disorders,
  230  community corrections, and law enforcement. In addition, members
  231  shall have experience in grant writing, grant reviewing, and
  232  grant application scoring.
  233         (4)(a)(3)(a) A county, or a not-for-profit community
  234  provider designated by a local county planning council or
  235  committee described in s. 394.657, may apply for a 1-year
  236  planning grant or a 3-year implementation or expansion grant.
  237  The purpose of the grants is to demonstrate that investment in
  238  treatment efforts related to mental illness, substance abuse
  239  disorders, or co-occurring mental health and substance abuse
  240  disorders results in a reduced demand on the resources of the
  241  judicial, corrections, juvenile detention, and health and social
  242  services systems.
  243         (b) To be eligible to receive a 1-year planning grant or a
  244  3-year implementation or expansion grant, a county applicant
  245  must have a county planning council or committee that is in
  246  compliance with the membership requirements set forth in this
  247  section.
  248         (5)(4) The Criminal Justice, Mental Health, and Substance
  249  Abuse Statewide Grant Review Committee shall notify the
  250  Department of Children and Families in writing of the names of
  251  the applicants who have been selected by the committee to
  252  receive a grant. Contingent upon the availability of funds and
  253  upon notification by the review committee of those applicants
  254  approved to receive planning, implementation, or expansion
  255  grants, the Department of Children and Families may transfer
  256  funds appropriated for the grant program to an approved
  257  applicant any county awarded a grant.
  258         Section 20. Paragraph (a) of subsection (1) of section
  259  394.875, Florida Statutes, is amended to read:
  260         394.875 Crisis stabilization units, residential treatment
  261  facilities, and residential treatment centers for children and
  262  adolescents; authorized services; license required.—
  263         (1)(a) The purpose of a crisis stabilization unit is to
  264  stabilize and redirect a client to the most appropriate and
  265  least restrictive community setting available, consistent with
  266  the client’s needs. Crisis stabilization units may screen,
  267  assess, and admit for stabilization persons who present
  268  themselves to the unit and persons who are brought to the unit
  269  under s. 394.463. Clients may be provided 24-hour observation,
  270  medication prescribed by a physician or psychiatrist, and other
  271  appropriate services. Crisis stabilization units shall provide
  272  services regardless of the client’s ability to pay and shall be
  273  limited in size to a maximum of 30 beds.
  274         Section 21. Present subsections (10) and (11) of section
  275  394.9082, Florida Statutes, are redesignated as subsections (11)
  276  and (12), respectively, and a new subsection (10) is added to
  277  that section, to read:
  278         394.9082 Behavioral health managing entities.—
  279         (10) CRISIS STABILIZATION SERVICES UTILIZATION DATABASE.
  280  The department shall develop, implement, and maintain standards
  281  under which a managing entity shall collect utilization data
  282  from all public receiving facilities situated within its
  283  geographic service area. As used in this subsection, the term
  284  “public receiving facility” means an entity that meets the
  285  licensure requirements of and is designated by the department to
  286  operate as a public receiving facility under s. 394.875 and that
  287  is operating as a licensed crisis stabilization unit.
  288         (a) The department shall develop standards and protocols
  289  for managing entities and public receiving facilities to use in
  290  the collection, storage, transmittal, and analysis of data. The
  291  standards and protocols must allow for compatibility of data and
  292  data transmittal between public receiving facilities, managing
  293  entities, and the department for the implementation and
  294  requirements of this subsection. The department shall require
  295  managing entities contracted under this section to comply with
  296  this subsection by August 1, 2015.
  297         (b) A managing entity shall require a public receiving
  298  facility within its provider network to submit data to the
  299  managing entity, in real time or at least daily, for:
  300         1. All admissions and discharges of clients receiving
  301  public receiving facility services who qualify as indigent, as
  302  defined in s. 394.4787; and
  303         2. Current active census of total licensed beds, the number
  304  of beds purchased by the department, the number of clients
  305  qualifying as indigent occupying those beds, and the total
  306  number of unoccupied licensed beds regardless of funding.
  307         (c) A managing entity shall require a public receiving
  308  facility within its provider network to submit data, on a
  309  monthly basis, to the managing entity which aggregates the daily
  310  data submitted under paragraph (b). The managing entity shall
  311  reconcile the data in the monthly submission to the data
  312  received by the managing entity under paragraph (b) to check for
  313  consistency. If the monthly aggregate data submitted by a public
  314  receiving facility under this paragraph is inconsistent with the
  315  daily data submitted under paragraph (b), the managing entity
  316  shall consult with the public receiving facility to make
  317  corrections as necessary to ensure accurate data.
  318         (d) A managing entity shall require a public receiving
  319  facility within its provider network to submit data, on an
  320  annual basis, to the managing entity which aggregates the data
  321  submitted and reconciled under paragraph (c). The managing
  322  entity shall reconcile the data in the annual submission to the
  323  data received and reconciled by the managing entity under
  324  paragraph (c) to check for consistency. If the annual aggregate
  325  data submitted by a public receiving facility under this
  326  paragraph is inconsistent with the data received and reconciled
  327  under paragraph (c), the managing entity shall consult with the
  328  public receiving facility to make corrections as necessary to
  329  ensure accurate data.
  330         (e) After ensuring accurate data under paragraphs (c) and
  331  (d), the managing entity shall submit the data to the department
  332  on a monthly and an annual basis. The department shall create a
  333  statewide database for the data described under paragraph (b)
  334  and submitted under this paragraph for the purpose of analyzing
  335  the payments for and the use of crisis stabilization services
  336  funded under the Baker Act on a statewide basis and on an
  337  individual public receiving facility basis.
  338         (f) The department shall adopt rules to administer this
  339  subsection.
  340         (g) The department shall submit a report by January 31,
  341  2016, and annually thereafter, to the Governor, the President of
  342  the Senate, and the Speaker of the House of Representatives
  343  which provides details on the implementation of this subsection,
  344  including the status of the data collection process and a
  345  detailed analysis of the data collected under this subsection.
  346         Section 22. For the 2015-2016 fiscal year, the sum of
  347  $175,000 in nonrecurring funds is appropriated from the Alcohol,
  348  Drug Abuse, and Mental Health Trust Fund to the Department of
  349  Children and Families to implement this subsection.
  350  
  351  ================= T I T L E  A M E N D M E N T ================
  352  And the title is amended as follows:
  353         Delete lines 132 - 136
  354  and insert:
  355         examinations and provide certain treatments; amending
  356         s. 394.47891, F.S.; expanding eligibility criteria for
  357         military veterans’ and servicemembers’ court programs;
  358         creating s. 394.47892, F.S.; authorizing counties to
  359         fund treatment-based mental health court programs;
  360         providing legislative intent; providing that pretrial
  361         program participation is voluntary; specifying
  362         criteria that a court must consider before sentencing
  363         a person to a postadjudicatory treatment-based mental
  364         health court program; requiring a judge presiding over
  365         a postadjudicatory treatment-based mental health court
  366         program to hear a violation of probation or community
  367         control under certain circumstances; providing that
  368         treatment-based mental health court programs may
  369         include specified programs; requiring a judicial
  370         circuit with a treatment-based mental health court
  371         program to establish a coordinator position, subject
  372         to annual appropriation by the Legislature; providing
  373         county funding requirements for treatment-based mental
  374         health court programs; authorizing the chief judge of
  375         a judicial circuit to appoint an advisory committee
  376         for the treatment-based mental health court program;
  377         specifying membership of the committee; amending s.
  378         394.656, F.S.; revising the composition and duties of
  379         the Criminal Justice, Mental Health, and Substance
  380         Abuse Statewide Grant Review Committee within the
  381         Department of Children and Families; requiring the
  382         department to create a grant review and selection
  383         committee; prescribing duties of the committee;
  384         authorizing a designated not-for-profit community
  385         provider to apply for certain grants; amending s.
  386         394.875, F.S.; removing a limitation on the number of
  387         beds in crisis stabilization units; amending s.
  388         394.9082, F.S.; defining the term “public receiving
  389         facility”; requiring the department to establish
  390         specified standards and protocols with respect to the
  391         administration of the crisis stabilization services
  392         utilization database; directing managing entities to
  393         require public receiving facilities to submit
  394         utilization data on a periodic basis; providing
  395         requirements for the data; requiring managing entities
  396         to periodically submit aggregate data to the
  397         department; requiring the department to adopt rules;
  398         requiring the department to annually submit a report
  399         to the Governor and the Legislature; prescribing
  400         report requirements; providing an appropriation to
  401         implement the database; providing a directive to