Florida Senate - 2018                       CS for CS for SB 960
       
       
        
       By the Committees on Appropriations; and Children, Families, and
       Elder Affairs; and Senator Baxley
       
       
       
       
       576-03295-18                                           2018960c2
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 397.321, F.S.; deleting a provision
    4         requiring the Department of Children and Families to
    5         develop a certification process by rule for community
    6         substance abuse prevention coalitions; amending s.
    7         397.403, F.S.; excluding certain substance abuse
    8         programs from specified licensure requirements;
    9         amending ss. 916.13 and 916.15, F.S.; requiring the
   10         department to request a defendant’s medical
   11         information from a jail within a certain timeframe
   12         after receiving a commitment order and other required
   13         documentation; requiring the jail to provide such
   14         information within a certain timeframe; requiring the
   15         continued administration of psychotropic medication to
   16         a defendant if he or she is receiving such medication
   17         at a mental health facility at the time that he or she
   18         is discharged and transferred to the jail; providing
   19         an exception; requiring the jail and department
   20         physicians to collaborate on a defendant’s medication
   21         changes for certain purposes; specifying that the jail
   22         physician has the final authority regarding the
   23         administering of medication to an inmate; providing an
   24         effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (16) of section 397.321, Florida
   29  Statutes, is amended to read:
   30         397.321 Duties of the department.—The department shall:
   31         (16) Develop a certification process by rule for community
   32  substance abuse prevention coalitions.
   33         Section 2. Subsection (3) of section 397.403, Florida
   34  Statutes, is amended to read:
   35         397.403 License application.—
   36         (3) Applications for licensure renewal must include proof
   37  of application for accreditation for each licensed service
   38  component providing clinical treatment by an accrediting
   39  organization that is acceptable to the department for the first
   40  renewal, and proof of accreditation for any subsequent renewals.
   41  This subsection does not apply to inmate substance abuse
   42  programs operated by or under exclusive contract with the
   43  Department of Corrections or jails.
   44         Section 3. Subsection (2) of section 916.13, Florida
   45  Statutes, is amended to read:
   46         916.13 Involuntary commitment of defendant adjudicated
   47  incompetent.—
   48         (2) A defendant who has been charged with a felony, and who
   49  has been adjudicated incompetent to proceed due to mental
   50  illness, and who meets the criteria for involuntary commitment
   51  under this chapter, may be committed to the department, and the
   52  department shall retain and treat the defendant. Within 2
   53  business days after receipt of a commitment order and other
   54  required documents as stipulated in rule, the department must
   55  request from the jail any and all medical information pertaining
   56  to the defendant. Within 3 business days after receipt of such a
   57  request, the jail shall provide such information to the
   58  department.
   59         (a) Within 6 months after the date of admission and at the
   60  end of any period of extended commitment, or at any time the
   61  administrator or his or her designee determines that the
   62  defendant has regained competency to proceed or no longer meets
   63  the criteria for continued commitment, the administrator or
   64  designee shall file a report with the court pursuant to the
   65  applicable Florida Rules of Criminal Procedure.
   66         (b) A competency hearing must shall be held within 30 days
   67  after the court receives notification that the defendant is
   68  competent to proceed or no longer meets the criteria for
   69  continued commitment. The defendant must be transported to the
   70  committing court’s jurisdiction for the hearing. If the
   71  defendant is receiving psychotropic medication at a mental
   72  health facility at the time he or she is discharged and
   73  transferred to the jail, the administering of such medication
   74  must continue unless the jail physician documents the need to
   75  change or discontinue it. The jail and department physicians
   76  shall collaborate to ensure that medication changes do not
   77  adversely affect the defendant’s mental health status or his or
   78  her ability to continue with court proceedings; however, the
   79  final authority regarding the administering of medication to an
   80  inmate in jail rests with the jail physician.
   81         Section 4. Subsections (3) and (5) of section 916.15,
   82  Florida Statutes, are amended to read:
   83         916.15 Involuntary commitment of defendant adjudicated not
   84  guilty by reason of insanity.—
   85         (3) Every defendant acquitted of criminal charges by reason
   86  of insanity and found to meet the criteria for involuntary
   87  commitment may be committed and treated in accordance with the
   88  provisions of this section and the applicable Florida Rules of
   89  Criminal Procedure. The department shall admit a defendant so
   90  adjudicated to an appropriate facility or program for treatment
   91  and shall retain and treat such defendant. No later than 6
   92  months after the date of admission, prior to the end of any
   93  period of extended commitment, or at any time that the
   94  administrator or his or her designee determines shall have
   95  determined that the defendant no longer meets the criteria for
   96  continued commitment placement, the administrator or designee
   97  shall file a report with the court pursuant to the applicable
   98  Florida Rules of Criminal Procedure. Within 2 business days
   99  after receipt of a commitment order and other required documents
  100  as stipulated in rule, the department must request from the jail
  101  any and all medical information pertaining to the defendant.
  102  Within 3 business days after receipt of such a request, the jail
  103  shall provide such information to the department.
  104         (5) The commitment hearing shall be held within 30 days
  105  after the court receives notification that the defendant no
  106  longer meets the criteria for continued commitment. The
  107  defendant must be transported to the committing court’s
  108  jurisdiction for the hearing. If the defendant is receiving
  109  psychotropic medication at a mental health facility at the time
  110  he or she is discharged and transferred to the jail, the
  111  administering of such medication must continue unless the jail
  112  physician documents the need to change or discontinue it. The
  113  jail and department physicians shall collaborate to ensure that
  114  medication changes do not adversely affect the defendant’s
  115  mental health status or his or her ability to continue with
  116  court proceedings; however, the final authority regarding the
  117  administering of medication to an inmate in jail rests with the
  118  jail physician.
  119         Section 5. This act shall take effect July 1, 2018.