| 1 | A bill to be entitled |
| 2 | An act relating to older adults and the criminal justice |
| 3 | system; creating a workgroup to study the involvement of |
| 4 | older adults with the criminal justice system; providing |
| 5 | requirements for the study; providing membership; |
| 6 | authorizing reimbursement for per diem and travel |
| 7 | expenses; requiring a report; providing for dissolution of |
| 8 | the workgroup; providing an appropriation; providing an |
| 9 | effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. (1) WORKGROUP.--The Department of Elderly |
| 14 | Affairs shall establish a workgroup to study the involvement of |
| 15 | older adults age 60 and over with the criminal justice system, |
| 16 | with particular emphasis on older adults age 70 and over. The |
| 17 | study shall: |
| 18 | (a) Determine the extent to which crimes committed by |
| 19 | older adults result in arrest and the impact of arrest on older |
| 20 | adults and on state law enforcement and the criminal justice |
| 21 | system. |
| 22 | (b) Examine the incidence of and issues surrounding older |
| 23 | adults with dementia or other mental health or health conditions |
| 24 | and determine how these conditions affect their involvement with |
| 25 | the criminal justice system. |
| 26 | (c) Determine the extent to which current programs, |
| 27 | including, but not limited to, the community and forensic mental |
| 28 | health, substance abuse, and domestic violence systems, and |
| 29 | specialty courts are addressing the issues experienced by older |
| 30 | adults involved in the criminal justice system. |
| 31 | (d) Determine the unmet health, mental health, and other |
| 32 | social service needs of individuals who are arrested that, if |
| 33 | met, would result in the reduced arrest or incarceration of |
| 34 | these individuals as well as reduced recidivism. |
| 35 | (e) Determine the state's current capacity to provide for |
| 36 | early identification of older adults who are arrested who have |
| 37 | significant medical issues or mental health conditions and its |
| 38 | current ability to respond in a meaningful and timely manner to |
| 39 | these issues. |
| 40 | (f) Identify the services and best practices that, if |
| 41 | implemented, would ensure the early identification, assessment, |
| 42 | treatment, and diversion of older adults who are arrested and |
| 43 | ensure more effective use of available resources. |
| 44 | (g) Specify, to the extent possible, the costs associated |
| 45 | with such services and best practices that are identified by the |
| 46 | workgroup. |
| 47 | (2) MEMBERSHIP.-- |
| 48 | (a) The workgroup shall consist of at least the following |
| 49 | 10 members: |
| 50 | 1. The secretary of the Department of Elderly Affairs, or |
| 51 | his or her designee. |
| 52 | 2. The secretary of the Department of Children and Family |
| 53 | Services, or his or her designee. |
| 54 | 3. The executive director of the Department of Law |
| 55 | Enforcement, or his or her designee. |
| 56 | 4. A representative from the Florida Sheriffs Association. |
| 57 | 5. The president of the Florida Police Chiefs Association, |
| 58 | or his or her designee. |
| 59 | 6. A representative from the Office of the State Courts |
| 60 | Administrator. |
| 61 | 7. A physician with experience with geriatric populations, |
| 62 | appointed by the secretary of the Department of Elderly Affairs. |
| 63 | 8. An expert on the mental health of older adults, |
| 64 | appointed by the secretary of the Department of Children and |
| 65 | Family Services. |
| 66 | 9. An expert on aging and legal issues, appointed by The |
| 67 | Florida Bar. |
| 68 | 10. A member of the judiciary, appointed by the Chief |
| 69 | Justice of the Supreme Court. |
| 70 | (b) Any member of the workgroup may receive reimbursement |
| 71 | for per diem and travel expenses as provided in s. 112.061, |
| 72 | Florida Statutes. |
| 73 | (c) The secretary of the Department of Elderly Affairs, or |
| 74 | his or her designee, shall serve as the chairperson of the |
| 75 | workgroup and provide for the support of the workgroup. |
| 76 | (3) REPORT.--The Department of Elderly Affairs shall |
| 77 | prepare and submit a report to the President of the Senate, the |
| 78 | Speaker of the House of Representatives, and the chairpersons of |
| 79 | the appropriate substantive committees no later than January 31, |
| 80 | 2006. The report must address the findings of the workgroup as |
| 81 | specified in subsection (1). |
| 82 | (4) DISSOLUTION.--The workgroup is dissolved upon |
| 83 | submission of its report. |
| 84 | Section 2. The sum of $200,000 is appropriated from the |
| 85 | General Revenue Fund to the Department of Elderly Affairs for |
| 86 | the purpose of paying for costs associated with carrying out the |
| 87 | provisions of this act during the 2005-2006 fiscal year. |
| 88 | Section 3. This act shall take effect July 1, 2005. |