Senate Bill sb1246c2

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    Florida Senate - 2005                    CS for CS for SB 1246

    By the Committees on Health and Human Services Appropriations;
    Children and Families; and Senator Margolis




    603-2208-05

  1                      A bill to be entitled

  2         An act relating to older adults involved in the

  3         criminal justice system; creating a workgroup

  4         to study the involvement of older adults in the

  5         criminal justice system; requiring the

  6         workgroup to identify the incidence of older

  7         adults experiencing a deteriorating mental

  8         condition who come into contact with the

  9         criminal justice system; requiring that the

10         workgroup identify the services being provided

11         or which are needed by older adults; providing

12         for the membership of the workgroup; requiring

13         each agency or organization that appoints a

14         member to the workgroup to bear the costs of

15         the member's participation; providing for the

16         members of the workgroup to receive

17         reimbursement for travel and per diem expenses;

18         requiring that the Secretary of Elderly

19         Affairs, or his or her designee, act as

20         chairperson of the workgroup and provide for

21         staff support; requiring that the Department of

22         Elderly Affairs report to the Legislature by a

23         specified date; providing an effective date.

24  

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

26  

27         Section 1.  Workgroup to study issues concerning older

28  adults involved in the criminal justice system.--

29         (1)  The Department of Elderly Affairs shall establish

30  a workgroup that shall study the involvement of adults who are

31  age 60 and older in the criminal justice system, with a

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    Florida Senate - 2005                    CS for CS for SB 1246
    603-2208-05




 1  particular emphasis on adults who are age 70 and older. The

 2  study must:

 3         (a)  Determine the extent to which older adults who are

 4  alleged to have committed crimes result in arrest and the

 5  effect of arrest on older adults and on law enforcement

 6  agencies and the criminal justice system;

 7         (b)  Examine the incidence of and issues surrounding

 8  older adults who have dementia or other mental health or

 9  physical health conditions and determine how these conditions

10  affect their involvement with the criminal justice system;

11         (c)  Determine the extent to which current programs,

12  including, but not limited to, the community and forensic

13  mental health, substance abuse, and domestic violence

14  programs, and the specialty courts are addressing the issues

15  experienced by older adults who are involved in the criminal

16  justice system;

17         (d)  Determine the unmet health, mental health, and

18  other social service needs of individuals who are arrested

19  which, if met, would result in the reduced arrest or

20  incarceration of these individuals, as well as in reduced

21  recidivism;

22         (e)  Determine the state's current capacity to provide

23  for the early identification of older adults who are arrested

24  and who have significant medical problems or mental health

25  conditions and the state's current ability to respond in a

26  meaningful and timely manner to these issues;

27         (f)  Gather information on private and public model

28  programs within Florida and in other states which offer

29  elements that should be expanded in this state or applied

30  statewide;

31  

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    Florida Senate - 2005                    CS for CS for SB 1246
    603-2208-05




 1         (g)  Explore the concept of an elder court system and

 2  determine the feasibility and advisability of establishing

 3  this type of specialty court;

 4         (h)  Evaluate the preservice and inservice training

 5  provided to staff of state and local agencies most likely to

 6  come in contact with older adults involved in the criminal

 7  justice system to assess the degree to which the training

 8  prepares the staff to deal effectively and sensitively with

 9  this older population;

10         (i)  Identify the services and best practices that, if

11  implemented, would ensure the early identification,

12  assessment, treatment, and diversion of older adults who are

13  arrested and ensure a more effective use of available

14  resources; and

15         (j)  Specify, to the extent possible, the costs

16  associated with the services and best practices that are

17  identified by the workgroup and identify possible public and

18  private sources of revenue to address these costs.

19         (2)(a)  The workgroup shall consist of 13 members:

20         1.  The Secretary of Elderly Affairs, or his or her

21  designee; 

22         2.  The Secretary of Children and Family Services, or

23  his or her designee;

24         3.  The executive director of the Department of Law

25  Enforcement, or his or her designee;

26         4.  A representative from the Florida Sheriffs

27  Association;

28         5.  A representative from the Florida Police Chiefs

29  Association;

30         6.  A representative from the Office of the State

31  Courts Administrator;

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    Florida Senate - 2005                    CS for CS for SB 1246
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 1         7.  A physician having experience with geriatric

 2  populations, appointed by the Secretary of Elderly Affairs;

 3         8.  An expert on the mental health of older adults,

 4  appointed by the Secretary of Children and Family Services;

 5         9.  An expert on aging and legal issues, appointed by

 6  The Florida Bar;

 7         10.  A circuit judge who has experience in elder

 8  issues, appointed by the Chief Justice of the Supreme Court;

 9         11.  A representative from one of the state university

10  centers on aging, appointed by the Secretary of Elderly

11  Affairs;

12         12.  A person appointed by the President of the Senate;

13  and

14         13.  A person appointed by the Speaker of the House of

15  Representatives.

16         (b)  The costs of a member's participation on the

17  workgroup shall be borne by the agency or organization that

18  appointed the member. Each member of the workgroup is entitled

19  to receive reimbursement for travel and per diem expenses as

20  provided in section 112.061, Florida Statutes.

21         (c)  The Secretary of Elderly Affairs, or his or her

22  designee, shall serve as the chairperson of the workgroup and

23  provide for staff support of the workgroup.

24         (3)  The Department of Elderly Affairs shall prepare

25  and submit a report to the President of the Senate, the

26  Speaker of the House of Representatives, and the chairpersons

27  of the appropriate substantive committees of the Legislature

28  by January 31, 2006. The report must address the findings of

29  the workgroup as specified in subsection (1) and recommend

30  proposed legislation if any is warranted.

31         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                    CS for CS for SB 1246
    603-2208-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS for SB 1246

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      -  Revises membership of the workgroup to specify one member
 5       appointed by the President of the Senate and one member
         appointed by the Speaker of the House.  Also requires the
 6       costs of a member's participation to be borne by the
         agency or organization that appoints the member.
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      -  Removes the appropriation.
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