CS/HB 1477

1
A bill to be entitled
2An act relating to forensic mental health; creating the
3Criminal Justice, Mental Health, and Substance Abuse
4Reinvestment Grant Program within the Department of
5Children and Family Services; providing for the purpose of
6the grant program; requiring the Florida Substance Abuse
7and Mental Health Corporation, Inc., to establish a
8statewide grant review committee; providing for membership
9on the review committee; authorizing counties to apply for
10a planning grant or an implementation or expansion grant;
11requiring each county applying for a grant to have a
12planning council or committee; providing for membership on
13the planning council or committee; requiring that all
14records and meetings be open to the public; requiring the
15corporation, in collaboration with others, to develop
16criteria to be used in reviewing submitted applications
17and selecting counties to be awarded a planning,
18implementation, or expansion grant; requiring counties to
19include certain specified information when submitting the
20grant application; prohibiting a county from using grant
21funds to supplant existing funding; creating the Criminal
22Justice, Mental Health, and Substance Abuse Technical
23Assistance Center; providing for certain functions to be
24performed by the technical assistance center; requiring
25the technical assistance center to submit an annual report
26to the Governor, the President of the Senate, and the
27Speaker of the House of Representatives by a specified
28date; specifying the information to be included in the
29annual report; limiting the administrative costs a county
30may charge to the grant funds; amending s. 394.655, F.S.;
31creating the Criminal Justice, Mental Health, and
32Substance Abuse Policy Council within the Florida
33Substance Abuse and Mental Health Corporation; providing
34for membership; providing for the purpose of the council;
35providing a contingent effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Criminal Justice, Mental Health, and Substance
40Abuse Reinvestment Grant Program.--
41     (1)  There is created within the Department of Children and
42Family Services the Criminal Justice, Mental Health, and
43Substance Abuse Reinvestment Grant Program. The purpose of the
44program is to provide funding to counties with which they can
45plan, implement, or expand initiatives that increase public
46safety, avert increased spending on criminal justice, and
47improve the accessibility and effectiveness of treatment
48services for adults and juveniles who have a mental illness,
49substance abuse disorder, or co-occurring mental health and
50substance abuse disorders and who are in, or at risk of
51entering, the criminal or juvenile justice systems.
52     (2)  The Florida Substance Abuse and Mental Health
53Corporation, Inc., created in s. 394.655, Florida Statutes,
54shall establish a statewide grant review committee. The
55committee shall include:
56     (a)  Five current members or appointees of the corporation;
57     (b)  One representative of the Department of Children and
58Family Services;
59     (c)  One representative of the Department of Corrections;
60     (d)  One representative of the Department of Juvenile
61Justice;
62     (e)  One representative of the Department of Elderly
63Affairs; and
64     (f)  One representative of the Office of the State Courts
65Administrator.
66
67To the extent possible, the members of the committee shall have
68expertise in grant writing, grant reviewing, and grant
69application scoring.
70     (3)(a)  A county may apply for a 1-year planning grant or a
713-year implementation or expansion grant. The purpose of the
72grants is to demonstrate that investment in treatment efforts
73related to mental illness, substance abuse disorders, or co-
74occurring mental health and substance abuse disorders results in
75a reduced demand on the resources of the judicial, corrections,
76juvenile detention, and health and social services systems.
77     (b)  To be eligible to receive a 1-year planning grant or a
783-year implementation or expansion grant, a county applicant
79must have a county planning council or committee that is in
80compliance with the membership requirements set forth in this
81section.
82     (4)  The grant review committee shall notify the Department
83of Children and Family Services in writing of the names of the
84applicants who have been selected by the committee to receive a
85grant. Contingent upon the availability of funds and upon
86notification by the review committee of those applicants
87approved to receive planning, implementation, or expansion
88grants, the Department of Children and Family Services may
89transfer funds appropriated for the grant program to any county
90awarded a grant.
91     Section 2.  County planning councils or committees.--
92     (1)  Each board of county commissioners shall designate the
93county public safety coordinating council established under s.
94951.26, Florida Statutes, or designate another criminal or
95juvenile justice mental health and substance abuse council or
96committee, as the planning council or committee. The public
97safety coordinating council or other designated criminal or
98juvenile justice mental health and substance abuse council or
99committee, in coordination with the county offices of planning
100and budget, shall make a formal recommendation to the board of
101county commissioners regarding how the Criminal Justice, Mental
102Health, and Substance Abuse Reinvestment Grant Program may best
103be implemented within a community. The board of county
104commissioners may assign any entity to prepare the application
105on behalf of the county administration for submission to the
106corporation for review. A county may join with one or more
107counties to form a consortium and use a regional public safety
108coordinating council or another county-designated regional
109criminal or juvenile justice mental health and substance abuse
110planning council or committee for the geographic area
111represented by the member counties.
112     (2)(a)  For the purposes of this section, the membership of
113a designated planning council or committee must include:
114     1.  The state attorney, or an assistant state attorney
115designated by the state attorney.
116     2.  A public defender, or an assistant public defender
117designated by the public defender.
118     3.  A circuit judge designated by the chief judge of the
119circuit.
120     4.  A county court judge designated by the chief judge of
121the circuit.
122     5.  The chief correctional officer.
123     6.  The sheriff, if the sheriff is the chief correctional
124officer, or a person designated by the sheriff.
125     7.  The police chief, or a person designated by the local
126police chiefs association.
127     8.  The state probation circuit administrator, or a person
128designated by the state probation circuit administrator.
129     9.  The local court administrator, or a person designated
130by the local court administrator.
131     10.  The chairperson of the board of county commissioners,
132or another county commissioner designated by the chairperson,
133or, if the planning council is a consortium of counties, a
134county commissioner or designee from each member county.
135     11.  The director of any county probation or pretrial
136intervention program, if the county has such a program.
137     12.  The director of a local substance abuse treatment
138program, or a person designated by the director.
139     13.  The director of a community mental health agency, or a
140person designated by the director.
141     14.  A representative of the substance abuse program office
142and the mental health program office of the Department of
143Children and Family Services, selected by the substance abuse
144and mental health program supervisor of the district in which
145the county is located.
146     15.  A primary consumer of mental health services, selected
147by the substance abuse and mental health program supervisor of
148the district in which the primary consumer resides. If multiple
149counties apply together, a primary consumer may be selected to
150represent each county.
151     16.  A primary consumer of substance abuse services,
152selected by the substance abuse and mental health program
153supervisor of the district in which the primary consumer
154resides. If the planning council is a consortium of counties, a
155primary consumer may be selected to represent each county.
156     17.  A family member of a primary consumer of community-
157based treatment services, selected by the abuse and mental
158health program supervisor of the district in which the family
159member resides.
160     18.  A representative from an area homeless program or a
161supportive housing program.
162     19.  The director of the detention facility of the
163Department of Juvenile Justice, or a person designated by the
164director.
165     20.  The chief probation officer of the Department of
166Juvenile Justice, or an employee designated by the chief
167probation officer.
168     (b)  The chairperson of the board of county commissioners
169or another county commissioner, if designated, shall serve as
170the chairperson of the planning council or committee until a
171chairperson is elected from the membership.
172     (c)  All meetings of the planning council or committee, as
173well as its records, books, documents, and papers, shall be open
174and available to the public in accordance with ss. 119.07 and
175286.011, Florida Statutes.
176     (3)(a)  If a public safety coordinating council established
177under s. 951.26, Florida Statutes, acts as the planning council,
178its membership must include all persons listed in paragraph
179(2)(a).
180     (b)  A public safety coordinating council that is acting as
181the planning council must include an assessment of the
182availability of mental health programs in addition to the
183assessments required under s. 951.26(2), Florida Statutes.
184     Section 3.  Criminal Justice, Mental Health, and Substance
185Abuse Reinvestment Grant Program requirements.--
186     (1)  The Substance Abuse and Mental Health Corporation
187Statewide Grant Review Committee, in collaboration with the
188Department of Children and Family Services, the Department of
189Corrections, the Department of Juvenile Justice, the Department
190of Elderly Affairs, and the Office of the State Courts
191Administrator, shall establish criteria to be used by the
192corporation to review submitted applications and to select the
193county that will be awarded a 1-year planning grant or a 3-year
194implementation or expansion grant. A planning, implementation,
195or expansion grant may not be awarded unless the application of
196the county meets the established criteria.
197     (a)  The application criteria for a 1-year planning grant
198must include a requirement that the applicant county or counties
199have a strategic plan to initiate systemic change to identify
200and treat individuals who have a mental illness, substance abuse
201disorder, or co-occurring mental health and substance abuse
202disorders who are in, or at risk of entering, the criminal or
203juvenile justice systems. The 1-year planning grant must be used
204to develop effective collaboration efforts among participants in
205affected governmental agencies, including the criminal,
206juvenile, and civil justice systems, mental health and substance
207abuse treatment service providers, transportation programs, and
208housing assistance programs. The collaboration efforts shall be
209the basis for developing a problem-solving model and strategic
210plan for treating adults and juveniles who are in, or at risk of
211entering, the criminal or juvenile justice system and doing so
212at the earliest point of contact, taking into consideration
213public safety. The planning grant shall include strategies to
214divert individuals from judicial commitment to community-based
215service programs offered by the Department of Children and
216Family Services in accordance with ss. 916.13 and 916.17,
217Florida Statutes.
218     (b)  The application criteria for a 3-year implementation
219or expansion grant shall require information from a county that
220demonstrates its completion of a well-established collaboration
221plan that includes public-private partnership models and the
222application of evidence-based practices. The implementation or
223expansion grants may support programs and diversion initiatives
224that include, but need not be limited to:
225     1.  Mental health courts;
226     2.  Diversion programs;
227     3.  Alternative prosecution and sentencing programs;
228     4.  Crisis intervention teams;
229     5.  Treatment accountability services;
230     6.  Specialized training for criminal justice, juvenile
231justice, and treatment services professionals;
232     7.  Service delivery of collateral services such as
233housing, transitional housing, and supported employment; and
234     8.  Reentry services to create or expand mental health and
235substance abuse services and supports for affected persons.
236     (c)  Each county application must include the following
237information:
238     1.  An analysis of the current population of the jail and
239juvenile detention center in the county, which includes:
240     a.  The screening and assessment process that the county
241uses to identify an adult or juvenile who has a mental illness,
242substance abuse disorder, or co-occurring mental health and
243substance abuse disorders;
244     b.  The percentage of each category of persons admitted to
245the jail and juvenile detention center that represents people
246who have a mental illness, substance abuse disorder, or co-
247occurring mental health and substance abuse disorders; and
248     c.  An analysis of observed contributing factors that
249affect population trends in the county jail and juvenile
250detention center.
251     2.  A description of the strategies the county intends to
252use to serve one or more clearly defined subsets of the
253population of the jail and juvenile detention center who have a
254mental illness or to serve those at risk of arrest and
255incarceration. The proposed strategies may include identifying
256the population designated to receive the new interventions, a
257description of the services and supervision methods to be
258applied to that population, and the goals and measurable
259objectives of the new interventions. The interventions a county
260may use with the target population may include, but are not
261limited to:
262     a.  Specialized responses by law enforcement agencies;
263     b.  Centralized receiving facilities for individuals
264evidencing behavioral difficulties;
265     c.  Post-booking alternatives to incarceration;
266     d.  New court programs, including pretrial services and
267specialized dockets;
268     e.  Specialized diversion programs;
269     f.  Intensified transition services that are directed to
270the designated populations while they are in jail or juvenile
271detention to facilitate their transition to the community;
272     g.  Specialized probation processes;
273     h.  Day-reporting centers;
274     i.  Linkages to community-based, evidence-based treatment
275programs for adults and juveniles who have mental illness or
276substance abuse disorders; and
277     j.  Community services and programs designed to prevent
278high-risk populations from becoming involved in the criminal or
279juvenile justice system.
280     3.  The projected effect the proposed initiatives will have
281on the population and the budget of the jail and juvenile
282detention center. The information must include:
283     a.  The county's estimate of how the initiative will reduce
284the expenditures associated with the incarceration of adults and
285the detention of juveniles who have a mental illness;
286     b.  The methodology that the county intends to use to
287measure the defined outcomes and the corresponding savings or
288averted costs;
289     c.  The county's estimate of how the cost savings or
290averted costs will sustain or expand the mental health and
291substance abuse treatment services and supports needed in the
292community; and
293     d.  How the county's proposed initiative will reduce the
294number of individuals judicially committed to a state mental
295health treatment facility.
296     4.  The proposed strategies that the county intends to use
297to preserve and enhance its community mental health and
298substance abuse system, which serves as the local behavioral
299health safety net for low-income and uninsured individuals.
300     5.  The proposed strategies that the county intends to use
301to continue the implemented or expanded programs and initiatives
302that have resulted from the grant funding.
303     (2)(a)  As used in this subsection, the term "available
304resources" includes in-kind contributions from participating
305counties.
306     (b)  A 1-year planning grant may not be awarded unless the
307applicant county makes available resources in an amount equal to
308the total amount of the grant. A planning grant may not be used
309to supplant funding for existing programs. For fiscally
310constrained counties, the available resources may be at 50
311percent of the total amount of the grant.
312     (c)  A 3-year implementation or expansion grant may not be
313awarded unless the applicant county or consortium of counties
314makes available resources equal to the total amount of the
315grant. For fiscally constrained counties, the available
316resources may be at 50 percent of the total amount of the grant.
317This match shall be used for expansion of services and may not
318supplant existing funds for services. An implementation or
319expansion grant must support the implementation of new services
320or the expansion of services and may not be used to supplant
321existing services.
322     (3)  Using the criteria adopted by rule, the county
323designated or established criminal justice, juvenile justice,
324mental health, and substance abuse planning council or committee
325shall prepare the county or counties' application for the 1-year
326planning or 3-year implementation or expansion grant. The county
327shall submit the completed application to the statewide grant
328review committee.
329     Section 4.  Criminal Justice, Mental Health, and Substance
330Abuse Technical Assistance Center.--
331     (1)  There is created a Criminal Justice, Mental Health,
332and Substance Abuse Technical Assistance Center at the Louis de
333la Parte Florida Mental Health Institute at the University of
334South Florida, which shall:
335     (a)  Provide technical assistance to counties in preparing
336a grant application.
337     (b)  Assist an applicant county in projecting the effect of
338the proposed intervention on the population of the county
339detention facility.
340     (c)  Assist an applicant county in monitoring the effect of
341a grant award on the criminal justice system in the county.
342     (d)  Disseminate and share evidence-based practices and
343best practices among grantees.
344     (e)  Act as a clearinghouse for information and resources
345related to criminal justice, juvenile justice, mental health,
346and substance abuse.
347     (f)  Coordinate and organize the process of the state
348interagency justice, mental health, and substance abuse work
349group with the outcomes of the local grant projects for state
350and local policy and budget developments and system planning.
351     (2)  The Substance Abuse and Mental Health Corporation and
352the Criminal Justice, Mental Health, and Substance Abuse
353Technical Assistance Center shall submit an annual report to the
354Governor, the President of the Senate, and the Speaker of the
355House of Representatives by January 1 of each year, beginning on
356January 1, 2009. The report must include:
357     (a)  A detailed description of the progress made by each
358grantee in meeting the goals described in the application;
359     (b)  A description of the effect the grant-funded
360initiatives have had on meeting the needs of adults and
361juveniles who have a mental illness, substance abuse disorder,
362or co-occurring mental health and substance abuse disorders,
363thereby reducing the number of forensic commitments to state
364mental health treatment facilities;
365     (c)  A summary of the effect of the grant program on the
366growth and expenditures of the jail, juvenile detention center,
367and prison;
368     (d)  A summary of the initiative's effect on the
369availability and accessibility of effective community-based
370mental health and substance abuse treatment services for adults
371and juveniles who have a mental illness, substance abuse
372disorder, or co-occurring mental health and substance abuse
373disorders. The summary must describe how the expanded community
374diversion alternatives have reduced incarceration and
375commitments to state mental health treatment facilities; and
376     (e)  A summary of how the local matching funds provided by
377the county or consortium of counties leveraged additional
378funding to further the goals of the grant program.
379     Section 5.  Administrative costs and number of grants
380awarded.--
381     (1)  The administrative costs for each applicant county or
382consortium of counties may not exceed 10 percent of the total
383funding received for any grant.
384     (2)  The number of grants awarded shall be based on funding
385appropriated for that purpose.
386     Section 6.  Subsection (11) of section 394.655, Florida
387Statutes, is renumbered as subsection (12), and a new subsection
388(11) is added to that section, to read:
389     394.655  The Substance Abuse and Mental Health Corporation;
390powers and duties; composition; evaluation and reporting
391requirements.--
392     (11)(a)  There is established a Criminal Justice, Mental
393Health, and Substance Abuse Policy Council within the Florida
394Substance Abuse and Mental Health Corporation. The members of
395the council are:
396     1.  The chairperson of the corporation;
397     2.  The Secretary of Children and Family Services;
398     3.  The Secretary of Corrections;
399     4.  The Secretary of Health Care Administration;
400     5.  The Secretary of Juvenile Justice;
401     6.  The Secretary of Elderly Affairs; and
402     7.  The State Courts Administrator.
403     (b)  The purpose of the council shall be to align policy
404initiatives in the criminal justice, juvenile justice, and
405mental health systems to ensure the most effective use of
406resources and to coordinate the development of legislative
407proposals and budget requests relating to the shared needs of
408adults and juveniles who have a mental illness, substance abuse
409disorder, or co-occurring mental health and substance abuse
410disorders who are in, or at risk of entering, the criminal
411justice system.
412     (c)  The council shall work in conjunction with counties
413that have been awarded a Criminal Justice, Mental Health, and
414Substance Abuse Reinvestment grant to ensure that effective
415strategies identified by those counties are disseminated
416statewide and to establish a dialogue for purposes of policy and
417budget development and system change and improvement. The
418council shall coordinate its efforts with the Criminal Justice,
419Mental Health, and Substance Abuse Technical Assistance Center.
420     (d)  Each member agency of the council shall designate an
421agency liaison to assist in the work of the council.
422     Section 7.  This act shall take effect July 1, 2007, only
423if a specific appropriation to fund the provisions of the act is
424made in the General Appropriations Act for fiscal year 2007-
4252008.


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