CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. HB 2003, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Diaz-Balart moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 27, between lines 10 and 11,

15

16  insert:

17         Section 19.  (1)  The Department of Children and Family

18  Services shall develop written cooperative agreements with the

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

20  health providers in each district of the Department of

21  Children and Family Services which define strategies and

22  community alternatives within current statutory authority and

23  existing resources for diverting from the criminal justice

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

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

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

27  800, chapter 827, or chapter 847, Florida Statutes, or

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

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

30  from the criminal justice system to the mental health system

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2003, 1st Eng.

    Amendment No.    





 1  district diversion strategies must consider:

 2         (a)  Prebooking or postbooking interventions;

 3         (b)  Ways in which mental health professionals may

 4  assist law enforcement agencies with difficult mental health

 5  cases;

 6         (c)  Information-sharing among community entities

 7  regarding persons with mental illness who are frequently

 8  arrested for misdemeanors, in order to improve early

 9  identification and treatment of these persons;

10         (d)  Referral of misdemeanant clients to appropriate

11  aftercare services upon release from jail or a facility that

12  receives clients under the Baker Act;

13         (e)  Provision of appropriate psychotropic medications

14  to misdemeanant clients for a reasonable number of days

15  following discharge from jail or a facility that receives

16  clients under the Baker Act; and

17         (f)  Provision of intensive case-management services to

18  the appropriate misdemeanant clients.

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

21  the central program office to develop and include an analysis

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

23  available and unavailable resources, and, consistent with

24  section 216.0166, Florida Statutes, the identification of key

25  indicators that will measure the impact of these strategies on

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

27  complete the district diversion strategies, client data

28  analysis, and identification of key indicators and submit a

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

30  by October 1, 1999.

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2003, 1st Eng.

    Amendment No.    





 1  Institute at the University of South Florida shall review the

 2  state's district diversion strategies developed by the

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

 4  communities in other states, to divert misdemeanants from the

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

 6  this review, the Institute must recommend those diversion

 7  strategies and treatment activities used by Florida or other

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

 9  performance standards, including those identified pursuant to

10  section 216.0166, Florida Statutes, with the misdemeanant

11  population. The review must include details about the cost

12  savings that are associated with those programs and must

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

14  achieved. The Institute shall submit a final report on its

15  findings, conclusions, and recommendations to the President of

16  the Senate and Speaker of the House of Representatives by

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

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

19  specify additional resources that are needed to adequately

20  serve the misdemeanant population. A preliminary report on the

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

22  Senate and Speaker of the House of Representatives on January

23  1, 2000.

24         Section 20.  The Florida Department of Law Enforcement

25  and the Department of Children and Family Services shall

26  jointly evaluate the extent and effectiveness of current

27  training curricula and training efforts provided by the

28  Criminal Justice Standards and Training Commission under

29  section 943.17, Florida Statutes, and the Department of

30  Children and Family Services under part I of chapter 394,

31  Florida Statutes, for law enforcement officers in identifying

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                                                  SENATE AMENDMENT

    Bill No. HB 2003, 1st Eng.

    Amendment No.    





 1  mental illness and shall make recommendations for improvements

 2  to the head of each department. The Florida Department of Law

 3  Enforcement and the Department of Children and Family Services

 4  shall prepare a joint report that includes the findings and

 5  recommendations by December 31, 1999.

 6         Section 21.  The Department of Children and Family

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

 8  Administrator, shall contract with the Louis de la Parte

 9  Florida Mental Health Institute to study the concept of

10  increasing court jurisdiction and supervision over persons

11  with mental illness who are arrested for or convicted of a

12  misdemeanor to assure compliance with an approved

13  individualized treatment or service plan. The study shall

14  focus on whether extending court jurisdiction would enhance

15  mental stability of persons with mental illness in order for

16  them to live in the community, function at their optimal

17  level, and not be involved in any type of criminal behavior.

18  The Department of Children and Family Services shall prepare a

19  report by December 31, 1999, which includes recommendations

20  for statutory changes or departmental policy changes that do

21  not require statutory revisions.

22         Section 22.  The district forensic coordinators of the

23  Department of Children and Family Services shall assess the

24  provision of in-jail mental health diagnostic and treatment

25  services. The department shall prepare a report of its

26  findings, conclusions, and recommendations by December 31,

27  1999, including any proposed statutory revisions.

28         Section 23.  The reports that are required in sections

29  20, 21, and 22 of this act to be prepared by the Department of

30  Children and Family Services, including the joint report in

31  section 20, must be submitted in one report to the President

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                                                  SENATE AMENDMENT

    Bill No. HB 2003, 1st Eng.

    Amendment No.    





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

 2  December 31, 1999.

 3         Section 24.  The Louis de la Parte Florida Mental

 4  Health Institute shall evaluate the effectiveness of the

 5  specialized mental health court established in Broward County

 6  to determine client and system outcomes and cost efficiencies

 7  and shall make recommendations for establishing similar

 8  special courts in other judicial circuits. This evaluation

 9  must include tracking clients for 1 year following release

10  from the Broward County jail by the special mental health

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

12  court. The Louis de la Parte Florida Mental Health Institute

13  shall report to the President of the Senate and Speaker of the

14  House of Representatives on the findings of the evaluation,

15  including recommendations for any statutory revisions, by

16  October 1, 2000.

17         Section 25.  For the purpose of implementing the

18  requirements of sections 19, 21, and 24 of this act, the sum

19  of $100,000 is appropriated from the General Revenue Fund to

20  the Department of Children and Family Services for the

21  1999-2000 fiscal year. The department may not use more than

22  $20,000 of the appropriation for the purpose of implementing

23  the requirements of section 19.

24

25  (Redesignate subsequent sections.)

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27

28  ================ T I T L E   A M E N D M E N T ===============

29  And the title is amended as follows:

30         On page 2, line 26, after the second semicolon,

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                                                  SENATE AMENDMENT

    Bill No. HB 2003, 1st Eng.

    Amendment No.    





 1  insert:

 2         directing the Department of Children and Family

 3         Services to develop cooperative agreements with

 4         local agencies for diverting from the criminal

 5         justice system to the civil mental health

 6         system persons with mental illness arrested for

 7         a misdemeanor; directing the Louis de la Parte

 8         Florida Mental Health Institute at the

 9         University of South Florida to report to the

10         Legislature on cost-effective diversion

11         strategies; directing the Department of Law

12         Enforcement and the Department of Children and

13         Family Services to jointly review training

14         curricula for law enforcement officers and to

15         recommend improvements to the Legislature;

16         directing the Department of Children and Family

17         Services to contract with the Louis de la Parte

18         Florida Mental Health Institute to review court

19         jurisdiction over persons with mental illness

20         who are arrested for or convicted of a

21         misdemeanor and to recommend policy changes to

22         the Legislature; directing the district

23         forensic coordinators in the Department of

24         Children and Family Services to assess the

25         provision of in-jail mental health services and

26         report to the Legislature; directing the Louis

27         de la Parte Florida Mental Health Institute to

28         evaluate the specialized mental health court in

29         Broward County and report findings and

30         recommendations to the Legislature; directing

31         the Department of Children and Family Services

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                                                  SENATE AMENDMENT

    Bill No. HB 2003, 1st Eng.

    Amendment No.    





 1         to prepare a single report by a specified date;

 2         providing an appropriation;

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