HB 1379

1
A bill to be entitled
2An act relating to older adults and the criminal justice
3system; creating a workgroup to study the involvement of
4older adults with the criminal justice system; providing
5requirements for the study; providing membership;
6authorizing reimbursement for per diem and travel
7expenses; requiring a report; providing for dissolution of
8the workgroup; providing an appropriation; providing an
9effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  (1)  WORKGROUP.--The Department of Elderly
14Affairs shall establish a workgroup to study the involvement of
15older adults age 60 and over with the criminal justice system,
16with particular emphasis on older adults age 70 and over. The
17study shall:
18     (a)  Determine the extent to which crimes committed by
19older adults result in arrest and the impact of arrest on older
20adults and on state law enforcement and the criminal justice
21system.
22     (b)  Examine the incidence of and issues surrounding older
23adults with dementia or other mental health or health conditions
24and determine how these conditions affect their involvement with
25the criminal justice system.
26     (c)  Determine the extent to which current programs,
27including, but not limited to, the community and forensic mental
28health, substance abuse, and domestic violence systems, and
29specialty courts are addressing the issues experienced by older
30adults involved in the criminal justice system.
31     (d)  Determine the unmet health, mental health, and other
32social service needs of individuals who are arrested that, if
33met, would result in the reduced arrest or incarceration of
34these individuals as well as reduced recidivism.
35     (e)  Determine the state's current capacity to provide for
36early identification of older adults who are arrested who have
37significant medical issues or mental health conditions and its
38current ability to respond in a meaningful and timely manner to
39these issues.
40     (f)  Identify the services and best practices that, if
41implemented, would ensure the early identification, assessment,
42treatment, and diversion of older adults who are arrested and
43ensure more effective use of available resources.
44     (g)  Specify, to the extent possible, the costs associated
45with such services and best practices that are identified by the
46workgroup.
47     (2)  MEMBERSHIP.--
48     (a)  The workgroup shall consist of at least the following
4910 members:
50     1.  The secretary of the Department of Elderly Affairs, or
51his or her designee.
52     2.  The secretary of the Department of Children and Family
53Services, or his or her designee.
54     3.  The executive director of the Department of Law
55Enforcement, or his or her designee.
56     4.  A representative from the Florida Sheriffs Association.
57     5.  The president of the Florida Police Chiefs Association,
58or his or her designee.
59     6.  A representative from the Office of the State Courts
60Administrator.
61     7.  A physician with experience with geriatric populations,
62appointed by the secretary of the Department of Elderly Affairs.
63     8.  An expert on the mental health of older adults,
64appointed by the secretary of the Department of Children and
65Family Services.
66     9.  An expert on aging and legal issues, appointed by The
67Florida Bar.
68     10.  A member of the judiciary, appointed by the Chief
69Justice of the Supreme Court.
70     (b)  Any member of the workgroup may receive reimbursement
71for per diem and travel expenses as provided in s. 112.061,
72Florida Statutes.
73     (c)  The secretary of the Department of Elderly Affairs, or
74his or her designee, shall serve as the chairperson of the
75workgroup and provide for the support of the workgroup.
76     (3)  REPORT.--The Department of Elderly Affairs shall
77prepare and submit a report to the President of the Senate, the
78Speaker of the House of Representatives, and the chairpersons of
79the appropriate substantive committees no later than January 31,
802006. The report must address the findings of the workgroup as
81specified in subsection (1).
82     (4)  DISSOLUTION.--The workgroup is dissolved upon
83submission of its report.
84     Section 2.  The sum of $200,000 is appropriated from the
85General Revenue Fund to the Department of Elderly Affairs for
86the purpose of paying for costs associated with carrying out the
87provisions of this act during the 2005-2006 fiscal year.
88     Section 3.  This act shall take effect July 1, 2005.


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