House Bill 1777c1

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    Florida House of Representatives - 1999             CS/HB 1777

        By the Committee on Elder Affairs & Long-Term Care and
    Representative Reddick





  1                      A bill to be entitled

  2         An act relating to mental health; directing the

  3         Department of Children and Family Services to

  4         develop cooperative agreements with local

  5         agencies for diverting from the criminal

  6         justice system to the civil mental health

  7         system certain persons with mental illness

  8         arrested for a misdemeanor; directing the Louis

  9         de la Parte Florida Mental Health Institute at

10         the University of South Florida to report to

11         the Legislature on cost-effective diversion

12         strategies; directing the Department of Law

13         Enforcement and the Department of Children and

14         Family Services to jointly review training

15         curricula for law enforcement officers and to

16         recommend improvements to the Legislature;

17         directing the Department of Children and Family

18         Services to contract with the Louis de la Parte

19         Florida Mental Health Institute to review court

20         jurisdiction over persons with mental illness

21         who are arrested for or convicted of a

22         misdemeanor and to recommend policy changes to

23         the Legislature; directing the district

24         forensic coordinators in the Department of

25         Children and Family Services to assess the

26         provision of in-jail mental health services and

27         report to the Legislature; directing the

28         Department of Children and Family Services to

29         prepare a single report by a specified date;

30         directing the Louis de la Parte Florida Mental

31         Health Institute to evaluate the specialized

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    Florida House of Representatives - 1999             CS/HB 1777

    173-964-99






  1         mental health court in Broward County and

  2         report findings and recommendations to the

  3         Legislature; providing an appropriation;

  4         providing an effective date.

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  6  Be It Enacted by the Legislature of the State of Florida:

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  8         Section 1.  (1)  The Department of Children and Family

  9  Services shall develop written cooperative agreements with the

10  judicial system, the criminal justice system, and local mental

11  health providers in each district of the Department of

12  Children and Family Services which define strategies and

13  community alternatives for diverting from the criminal justice

14  system to the civil system under the Baker Act persons with

15  mental illness who are arrested for a misdemeanor. Persons who

16  have been convicted of a violation of chapter 794, chapter

17  800, chapter 827, or chapter 847, Florida Statutes, or

18  convicted of a similar offense in a foreign jurisdiction, when

19  the victim was under 18 years of age, shall not be diverted

20  from the criminal justice system to the mental health system

21  under these strategies or alternatives. At a minimum, the

22  district diversion strategies must include:

23         (a)  Prebooking or postbooking interventions.

24         (b)  Ways in which mental health professionals may

25  assist law enforcement agencies with difficult mental health

26  cases.

27         (c)  Information-sharing among community entities

28  regarding persons with mental illness who are frequently

29  arrested for misdemeanors, in order to improve early

30  identification and treatment of these persons.

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    Florida House of Representatives - 1999             CS/HB 1777

    173-964-99






  1         (d)  Referral of misdemeanant clients to appropriate

  2  aftercare services upon release from jail or a facility that

  3  receives clients under the Baker Act.

  4         (e)  Provision of appropriate psychotropic medications

  5  to misdemeanant clients for a reasonable number of days

  6  following discharge from jail or a facility that receives

  7  clients under the Baker Act.

  8         (f)  Provision of intensive case management services to

  9  the appropriate misdemeanant clients.

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11  For the purpose of uniformity, each district must work with

12  the central program office to develop and include an analysis

13  of the client population and client movement, an analysis of

14  available and unavailable resources, and, consistent with s.

15  216.0166, Florida Statutes, the identification of key

16  indicators that will measure the impact of these strategies on

17  the clients and on the community systems. The department must

18  complete the district diversion strategies, client data

19  analysis, and identification of key indicators and submit a

20  copy to the Louis de la Parte Florida Mental Health Institute

21  by October 1, 1999.

22         (2)  The Louis de la Parte Florida Mental Health

23  Institute at the University of South Florida shall review the

24  state's district diversion strategies developed by the

25  department, as well as cost-effective strategies being used in

26  communities in other states, to divert misdemeanants from the

27  criminal justice system to the mental health system. Based on

28  this review, the institute must recommend those diversion

29  strategies and treatment activities used by Florida or other

30  states which have proven to be the most effective in meeting

31  performance standards, including those identified pursuant to

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    Florida House of Representatives - 1999             CS/HB 1777

    173-964-99






  1  s. 216.0166, Florida Statutes, with the misdemeanant

  2  population. The review must include details about the cost

  3  savings that are associated with those programs and must

  4  explain how those long-term or short-term cost savings are

  5  achieved. The institute shall submit a final report on its

  6  findings, conclusions, and recommendations to the President of

  7  the Senate and the Speaker of the House of Representatives by

  8  January 1, 2001. The report must specify what results can be

  9  expected based on the current level of resources, as well as

10  specify additional resources that are needed to adequately

11  serve the misdemeanant population. A preliminary report on the

12  status of the review must be submitted to the President of the

13  Senate and the Speaker of the House of Representatives on

14  January 1, 2000.

15         Section 2.  The Florida Department of Law Enforcement

16  and the Department of Children and Family Services shall

17  jointly evaluate the extent and effectiveness of current

18  training curricula and training efforts provided by the

19  Criminal Justice Standards and Training Commission under s.

20  943.17, Florida Statutes, and the Department of Children and

21  Family Services under part I of chapter 394, Florida Statutes,

22  for law enforcement officers in identifying mental illness and

23  shall make recommendations for improvements to the head of

24  each department. The Florida Department of Law Enforcement and

25  the Department of Children and Family Services shall prepare a

26  joint report that includes the findings and recommendations by

27  December 31, 1999.

28         Section 3.  The Department of Children and Family

29  Services, in consultation with the Office of the State Courts

30  Administrator, shall contract with the Louis de la Parte

31  Florida Mental Health Institute at the University of South

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    Florida House of Representatives - 1999             CS/HB 1777

    173-964-99






  1  Florida to study the concept of increasing court jurisdiction

  2  and supervision over persons with mental illness who are

  3  arrested for or convicted of a misdemeanor, to ensure

  4  compliance with an approved individualized treatment or

  5  service plan. The study shall focus on whether extending court

  6  jurisdiction would enhance the mental stability of persons

  7  with mental illness in order for them to live in the

  8  community, function at their optimal level, and not be

  9  involved in any type of criminal behavior. The Department of

10  Children and Family Services shall prepare a report by

11  December 31, 1999, which includes recommendations for

12  statutory changes or departmental policy changes that do not

13  require statutory revisions.

14         Section 4.  The district forensic coordinators of the

15  Department of Children and Family Services shall assess the

16  provision of in-jail mental health diagnostic and treatment

17  services. The department shall prepare a report of its

18  findings, conclusions, and recommendations by December 31,

19  1999, including any proposed statutory revisions.

20         Section 5.  The reports that are required in sections

21  2, 3, and 4 to be prepared by the Department of Children and

22  Family Services, including the joint report in section 2, must

23  be submitted in one report to the President of the Senate and

24  the Speaker of the House of Representatives by December 31,

25  1999.

26         Section 6.  The Louis de la Parte Florida Mental Health

27  Institute at the University of South Florida shall evaluate

28  the effectiveness of the specialized mental health court

29  established in Broward County to determine client and system

30  outcomes and cost efficiencies and shall make recommendations

31  for establishing similar special courts in other judicial

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    Florida House of Representatives - 1999             CS/HB 1777

    173-964-99






  1  circuits. This evaluation must include tracking clients for 1

  2  year following release from the Broward County jail by the

  3  special mental health court and from a county jail without a

  4  special mental health court. The Louis de la Parte Florida

  5  Mental Health Institute shall report to the President of the

  6  Senate and the Speaker of the House of Representatives on the

  7  findings of the evaluation, including recommendations for any

  8  statutory revisions, by October 1, 2000.

  9         Section 7.  For the purpose of implementing the

10  requirements of sections 1, 3, and 6, the sum of $100,000 is

11  appropriated from the General Revenue Fund to the Department

12  of Children and Family Services for the 1999-2000 fiscal year.

13  The department may not use more than $20,000 of the

14  appropriation for the purpose of implementing the requirements

15  of section 1.

16         Section 8.  This act shall take effect July 1, 1999.

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