CS/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.;
31expanding the ex officio membership of the Substance Abuse
32and Mental Health Corporation; creating the Criminal
33Justice, Mental Health, and Substance Abuse Policy Council
34within the Florida Substance Abuse and Mental Health
35Corporation; providing for membership; providing for the
36purpose of the council; amending ss. 947.005 and 948.001,
37F.S.; redefining the term "qualified practitioner";
38providing a contingent effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Criminal Justice, Mental Health, and Substance
43Abuse Reinvestment Grant Program.--
44     (1)  There is created within the Department of Children and
45Family Services the Criminal Justice, Mental Health, and
46Substance Abuse Reinvestment Grant Program. The purpose of the
47program is to provide funding to counties with which they can
48plan, implement, or expand initiatives that increase public
49safety, avert increased spending on criminal justice, and
50improve the accessibility and effectiveness of treatment
51services for adults and juveniles who have a mental illness,
52substance abuse disorder, or co-occurring mental health and
53substance abuse disorders and who are in, or at risk of
54entering, the criminal or juvenile justice systems.
55     (2)  The Florida Substance Abuse and Mental Health
56Corporation, Inc., created in s. 394.655, Florida Statutes,
57shall establish a statewide grant review committee. The
58committee shall include:
59     (a)  Five current members or appointees of the corporation;
60     (b)  One representative of the Department of Children and
61Family Services;
62     (c)  One representative of the Department of Corrections;
63     (d)  One representative of the Department of Juvenile
64Justice;
65     (e)  One representative of the Department of Elderly
66Affairs; and
67     (f)  One representative of the Office of the State Courts
68Administrator.
69
70To the extent possible, the members of the committee shall have
71expertise in grant writing, grant reviewing, and grant
72application scoring.
73     (3)(a)  A county may apply for a 1-year planning grant or a
743-year implementation or expansion grant. The purpose of the
75grants is to demonstrate that investment in treatment efforts
76related to mental illness, substance abuse disorders, or co-
77occurring mental health and substance abuse disorders results in
78a reduced demand on the resources of the judicial, corrections,
79juvenile detention, and health and social services systems.
80     (b)  To be eligible to receive a 1-year planning grant or a
813-year implementation or expansion grant, a county applicant
82must have a county planning council or committee that is in
83compliance with the membership requirements set forth in this
84section.
85     (4)  The grant review committee shall notify the Department
86of Children and Family Services in writing of the names of the
87applicants who have been selected by the committee to receive a
88grant. Contingent upon the availability of funds and upon
89notification by the review committee of those applicants
90approved to receive planning, implementation, or expansion
91grants, the Department of Children and Family Services may
92transfer funds appropriated for the grant program to any county
93awarded a grant.
94     Section 2.  County planning councils or committees.--
95     (1)  Each board of county commissioners shall designate the
96county public safety coordinating council established under s.
97951.26, Florida Statutes, or designate another criminal or
98juvenile justice mental health and substance abuse council or
99committee, as the planning council or committee. The public
100safety coordinating council or other designated criminal or
101juvenile justice mental health and substance abuse council or
102committee, in coordination with the county offices of planning
103and budget, shall make a formal recommendation to the board of
104county commissioners regarding how the Criminal Justice, Mental
105Health, and Substance Abuse Reinvestment Grant Program may best
106be implemented within a community. The board of county
107commissioners may assign any entity to prepare the application
108on behalf of the county administration for submission to the
109corporation for review. A county may join with one or more
110counties to form a consortium and use a regional public safety
111coordinating council or another county-designated regional
112criminal or juvenile justice mental health and substance abuse
113planning council or committee for the geographic area
114represented by the member counties.
115     (2)(a)  For the purposes of this section, the membership of
116a designated planning council or committee must include:
117     1.  The state attorney, or an assistant state attorney
118designated by the state attorney.
119     2.  A public defender, or an assistant public defender
120designated by the public defender.
121     3.  A circuit judge designated by the chief judge of the
122circuit.
123     4.  A county court judge designated by the chief judge of
124the circuit.
125     5.  The chief correctional officer.
126     6.  The sheriff, if the sheriff is the chief correctional
127officer, or a person designated by the sheriff.
128     7.  The police chief, or a person designated by the local
129police chiefs association.
130     8.  The state probation circuit administrator, or a person
131designated by the state probation circuit administrator.
132     9.  The local court administrator, or a person designated
133by the local court administrator.
134     10.  The chairperson of the board of county commissioners,
135or another county commissioner designated by the chairperson,
136or, if the planning council is a consortium of counties, a
137county commissioner or designee from each member county.
138     11.  The director of any county probation or pretrial
139intervention program, if the county has such a program.
140     12.  The director of a local substance abuse treatment
141program, or a person designated by the director.
142     13.  The director of a community mental health agency, or a
143person designated by the director.
144     14.  A representative of the substance abuse program office
145and the mental health program office of the Department of
146Children and Family Services, selected by the substance abuse
147and mental health program supervisor of the district in which
148the county is located.
149     15.  A primary consumer of mental health services, selected
150by the substance abuse and mental health program supervisor of
151the district in which the primary consumer resides. If multiple
152counties apply together, a primary consumer may be selected to
153represent each county.
154     16.  A primary consumer of substance abuse services,
155selected by the substance abuse and mental health program
156supervisor of the district in which the primary consumer
157resides. If the planning council is a consortium of counties, a
158primary consumer may be selected to represent each county.
159     17.  A family member of a primary consumer of community-
160based treatment services, selected by the abuse and mental
161health program supervisor of the district in which the family
162member resides.
163     18.  A representative from an area homeless program or a
164supportive housing program.
165     19.  The director of the detention facility of the
166Department of Juvenile Justice, or a person designated by the
167director.
168     20.  The chief probation officer of the Department of
169Juvenile Justice, or an employee designated by the chief
170probation officer.
171     (b)  The chairperson of the board of county commissioners
172or another county commissioner, if designated, shall serve as
173the chairperson of the planning council or committee until a
174chairperson is elected from the membership.
175     (c)  All meetings of the planning council or committee, as
176well as its records, books, documents, and papers, shall be open
177and available to the public in accordance with ss. 119.07 and
178286.011, Florida Statutes.
179     (3)(a)  If a public safety coordinating council established
180under s. 951.26, Florida Statutes, acts as the planning council,
181its membership must include all persons listed in paragraph
182(2)(a).
183     (b)  A public safety coordinating council that is acting as
184the planning council must include an assessment of the
185availability of mental health programs in addition to the
186assessments required under s. 951.26(2), Florida Statutes.
187     Section 3.  Criminal Justice, Mental Health, and Substance
188Abuse Reinvestment Grant Program requirements.--
189     (1)  The Substance Abuse and Mental Health Corporation
190Statewide Grant Review Committee, in collaboration with the
191Department of Children and Family Services, the Department of
192Corrections, the Department of Juvenile Justice, the Department
193of Elderly Affairs, and the Office of the State Courts
194Administrator, shall establish criteria to be used by the
195corporation to review submitted applications and to select the
196county that will be awarded a 1-year planning grant or a 3-year
197implementation or expansion grant. A planning, implementation,
198or expansion grant may not be awarded unless the application of
199the county meets the established criteria.
200     (a)  The application criteria for a 1-year planning grant
201must include a requirement that the applicant county or counties
202have a strategic plan to initiate systemic change to identify
203and treat individuals who have a mental illness, substance abuse
204disorder, or co-occurring mental health and substance abuse
205disorders who are in, or at risk of entering, the criminal or
206juvenile justice systems. The 1-year planning grant must be used
207to develop effective collaboration efforts among participants in
208affected governmental agencies, including the criminal,
209juvenile, and civil justice systems, mental health and substance
210abuse treatment service providers, transportation programs, and
211housing assistance programs. The collaboration efforts shall be
212the basis for developing a problem-solving model and strategic
213plan for treating adults and juveniles who are in, or at risk of
214entering, the criminal or juvenile justice system and doing so
215at the earliest point of contact, taking into consideration
216public safety. The planning grant shall include strategies to
217divert individuals from judicial commitment to community-based
218service programs offered by the Department of Children and
219Family Services in accordance with ss. 916.13 and 916.17,
220Florida Statutes.
221     (b)  The application criteria for a 3-year implementation
222or expansion grant shall require information from a county that
223demonstrates its completion of a well-established collaboration
224plan that includes public-private partnership models and the
225application of evidence-based practices. The implementation or
226expansion grants may support programs and diversion initiatives
227that include, but need not be limited to:
228     1.  Mental health courts;
229     2.  Diversion programs;
230     3.  Alternative prosecution and sentencing programs;
231     4.  Crisis intervention teams;
232     5.  Treatment accountability services;
233     6.  Specialized training for criminal justice, juvenile
234justice, and treatment services professionals;
235     7.  Service delivery of collateral services such as
236housing, transitional housing, and supported employment; and
237     8.  Reentry services to create or expand mental health and
238substance abuse services and supports for affected persons.
239     (c)  Each county application must include the following
240information:
241     1.  An analysis of the current population of the jail and
242juvenile detention center in the county, which includes:
243     a.  The screening and assessment process that the county
244uses to identify an adult or juvenile who has a mental illness,
245substance abuse disorder, or co-occurring mental health and
246substance abuse disorders;
247     b.  The percentage of each category of persons admitted to
248the jail and juvenile detention center that represents people
249who have a mental illness, substance abuse disorder, or co-
250occurring mental health and substance abuse disorders; and
251     c.  An analysis of observed contributing factors that
252affect population trends in the county jail and juvenile
253detention center.
254     2.  A description of the strategies the county intends to
255use to serve one or more clearly defined subsets of the
256population of the jail and juvenile detention center who have a
257mental illness or to serve those at risk of arrest and
258incarceration. The proposed strategies may include identifying
259the population designated to receive the new interventions, a
260description of the services and supervision methods to be
261applied to that population, and the goals and measurable
262objectives of the new interventions. The interventions a county
263may use with the target population may include, but are not
264limited to:
265     a.  Specialized responses by law enforcement agencies;
266     b.  Centralized receiving facilities for individuals
267evidencing behavioral difficulties;
268     c.  Post-booking alternatives to incarceration;
269     d.  New court programs, including pretrial services and
270specialized dockets;
271     e.  Specialized diversion programs;
272     f.  Intensified transition services that are directed to
273the designated populations while they are in jail or juvenile
274detention to facilitate their transition to the community;
275     g.  Specialized probation processes;
276     h.  Day-reporting centers;
277     i.  Linkages to community-based, evidence-based treatment
278programs for adults and juveniles who have mental illness or
279substance abuse disorders; and
280     j.  Community services and programs designed to prevent
281high-risk populations from becoming involved in the criminal or
282juvenile justice system.
283     3.  The projected effect the proposed initiatives will have
284on the population and the budget of the jail and juvenile
285detention center. The information must include:
286     a.  The county's estimate of how the initiative will reduce
287the expenditures associated with the incarceration of adults and
288the detention of juveniles who have a mental illness;
289     b.  The methodology that the county intends to use to
290measure the defined outcomes and the corresponding savings or
291averted costs;
292     c.  The county's estimate of how the cost savings or
293averted costs will sustain or expand the mental health and
294substance abuse treatment services and supports needed in the
295community; and
296     d.  How the county's proposed initiative will reduce the
297number of individuals judicially committed to a state mental
298health treatment facility.
299     4.  The proposed strategies that the county intends to use
300to preserve and enhance its community mental health and
301substance abuse system, which serves as the local behavioral
302health safety net for low-income and uninsured individuals.
303     5.  The proposed strategies that the county intends to use
304to continue the implemented or expanded programs and initiatives
305that have resulted from the grant funding.
306     (2)(a)  As used in this subsection, the term "available
307resources" includes in-kind contributions from participating
308counties.
309     (b)  A 1-year planning grant may not be awarded unless the
310applicant county makes available resources in an amount equal to
311the total amount of the grant. A planning grant may not be used
312to supplant funding for existing programs. For fiscally
313constrained counties, the available resources may be at 50
314percent of the total amount of the grant.
315     (c)  A 3-year implementation or expansion grant may not be
316awarded unless the applicant county or consortium of counties
317makes available resources equal to the total amount of the
318grant. For fiscally constrained counties, the available
319resources may be at 50 percent of the total amount of the grant.
320This match shall be used for expansion of services and may not
321supplant existing funds for services. An implementation or
322expansion grant must support the implementation of new services
323or the expansion of services and may not be used to supplant
324existing services.
325     (3)  Using the criteria adopted by rule, the county
326designated or established criminal justice, juvenile justice,
327mental health, and substance abuse planning council or committee
328shall prepare the county or counties' application for the 1-year
329planning or 3-year implementation or expansion grant. The county
330shall submit the completed application to the statewide grant
331review committee.
332     Section 4.  Criminal Justice, Mental Health, and Substance
333Abuse Technical Assistance Center.--
334     (1)  There is created a Criminal Justice, Mental Health,
335and Substance Abuse Technical Assistance Center at the Louis de
336la Parte Florida Mental Health Institute at the University of
337South Florida, which shall:
338     (a)  Provide technical assistance to counties in preparing
339a grant application.
340     (b)  Assist an applicant county in projecting the effect of
341the proposed intervention on the population of the county
342detention facility.
343     (c)  Assist an applicant county in monitoring the effect of
344a grant award on the criminal justice system in the county.
345     (d)  Disseminate and share evidence-based practices and
346best practices among grantees.
347     (e)  Act as a clearinghouse for information and resources
348related to criminal justice, juvenile justice, mental health,
349and substance abuse.
350     (f)  Coordinate and organize the process of the state
351interagency justice, mental health, and substance abuse work
352group with the outcomes of the local grant projects for state
353and local policy and budget developments and system planning.
354     (2)  The Substance Abuse and Mental Health Corporation and
355the Criminal Justice, Mental Health, and Substance Abuse
356Technical Assistance Center shall submit an annual report to the
357Governor, the President of the Senate, and the Speaker of the
358House of Representatives by January 1 of each year, beginning on
359January 1, 2009. The report must include:
360     (a)  A detailed description of the progress made by each
361grantee in meeting the goals described in the application;
362     (b)  A description of the effect the grant-funded
363initiatives have had on meeting the needs of adults and
364juveniles who have a mental illness, substance abuse disorder,
365or co-occurring mental health and substance abuse disorders,
366thereby reducing the number of forensic commitments to state
367mental health treatment facilities;
368     (c)  A summary of the effect of the grant program on the
369growth and expenditures of the jail, juvenile detention center,
370and prison;
371     (d)  A summary of the initiative's effect on the
372availability and accessibility of effective community-based
373mental health and substance abuse treatment services for adults
374and juveniles who have a mental illness, substance abuse
375disorder, or co-occurring mental health and substance abuse
376disorders. The summary must describe how the expanded community
377diversion alternatives have reduced incarceration and
378commitments to state mental health treatment facilities; and
379     (e)  A summary of how the local matching funds provided by
380the county or consortium of counties leveraged additional
381funding to further the goals of the grant program.
382     Section 5.  Administrative costs and number of grants
383awarded.--
384     (1)  The administrative costs for each applicant county or
385consortium of counties may not exceed 10 percent of the total
386funding received for any grant.
387     (2)  The number of grants awarded shall be based on funding
388appropriated for that purpose.
389     Section 6.  Paragraph (a) of subsection (6) of section
390394.655, Florida Statutes, is amended, subsection (11) is
391renumbered as subsection (12), and a new subsection (11) is
392added to that section, to read:
393     394.655  The Substance Abuse and Mental Health Corporation;
394powers and duties; composition; evaluation and reporting
395requirements.--
396     (6)(a)  The corporation shall be comprised of 12 members,
397each appointed to a 2-year term, with not more than three
398subsequent reappointments, except that initial legislative
399appointments shall be for 3-year terms. Four members shall be
400appointed by the Governor, four members shall be appointed by
401the President of the Senate, and four members shall be appointed
402by the Speaker of the House of Representatives.
403     1.  The four members appointed by the Governor must be
404prominent community or business leaders, two of whom must have
405experience and interest in substance abuse and two of whom must
406have experience and interest in mental health.
407     2.  Of the four members appointed by the President of the
408Senate, one member must represent the perspective of community-
409based care under chapter 409, one member must be a primary
410consumer or family member of a primary consumer of mental health
411services, and two members must be prominent community or
412business leaders, one of whom must have experience and interest
413in substance abuse and one of whom must have experience and
414interest in mental health.
415     3.  Of the four members appointed by the Speaker of the
416House of Representatives, one member must be a primary consumer
417or family member of a primary consumer of substance abuse
418services, one member must represent the perspective of the
419criminal justice system, and two members must be prominent
420community or business leaders, one of whom must have experience
421and interest in substance abuse and one of whom must have
422experience and interest in mental health. The Secretary of
423Children and Family Services, or his or her designee, the
424Secretary of Elderly Affairs, or his or her designee, the
425Secretary of Health Care Administration, or his or her designee,
426and a representative of local government designated by the
427Florida Association of Counties shall serve as ex officio
428members of the corporation.
429     (11)(a)  There is established a Criminal Justice, Mental
430Health, and Substance Abuse Policy Council within the Florida
431Substance Abuse and Mental Health Corporation. The members of
432the council are:
433     1.  The chairperson of the corporation;
434     2.  The Secretary of Children and Family Services;
435     3.  The Secretary of Corrections;
436     4.  The Secretary of Health Care Administration;
437     5.  The Secretary of Juvenile Justice;
438     6.  The Secretary of Elderly Affairs; and
439     7.  The State Courts Administrator.
440     (b)  The purpose of the council shall be to align policy
441initiatives in the criminal justice, juvenile justice, and
442mental health systems to ensure the most effective use of
443resources and to coordinate the development of legislative
444proposals and budget requests relating to the shared needs of
445adults and juveniles who have a mental illness, substance abuse
446disorder, or co-occurring mental health and substance abuse
447disorders who are in, or at risk of entering, the criminal
448justice system.
449     (c)  The council shall work in conjunction with counties
450that have been awarded a Criminal Justice, Mental Health, and
451Substance Abuse Reinvestment grant to ensure that effective
452strategies identified by those counties are disseminated
453statewide and to establish a dialogue for purposes of policy and
454budget development and system change and improvement. The
455council shall coordinate its efforts with the Criminal Justice,
456Mental Health, and Substance Abuse Technical Assistance Center.
457     (d)  Each member agency of the council shall designate an
458agency liaison to assist in the work of the council.
459     Section 7.  Subsection (9) of section 947.005, Florida
460Statutes, is amended to read:
461     947.005  Definitions.--As used in this chapter, unless the
462context clearly indicates otherwise:
463     (9)  "Qualified practitioner" means a psychiatrist licensed
464under chapter 458 or chapter 459, a psychologist licensed under
465chapter 490, or a social worker, a mental health counselor, or a
466marriage and family therapist licensed under chapter 491 who
467practices in accordance with his or her respective practice act,
468as determined by rule of the respective boards, has the
469coursework, training, qualifications, and experience to evaluate
470and treat sex offenders.
471     Section 8.  Subsection (6) of section 948.001, Florida
472Statutes, is amended to read:
473     948.001  Definitions.--As used in this chapter, the term:
474     (6)  "Qualified practitioner" means a psychiatrist licensed
475under chapter 458 or chapter 459, a psychologist licensed under
476chapter 490, or a social worker, a mental health counselor, or a
477marriage and family therapist licensed under chapter 491 who
478practices in accordance with his or her respective practice act,
479as determined by rule of the respective boards, has the
480coursework, training, qualifications, and experience to evaluate
481and treat sex offenders.
482     Section 9.  This act shall take effect July 1, 2007, only
483if a specific appropriation to fund the provisions of the act is
484made in the General Appropriations Act for fiscal year 2007-
4852008.


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