Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 542
                        Barcode 340428
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Children, Families, and Elder Affairs
12  (Margolis) recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Criminal Justice Mental Health Reinvestment
19  Grant Program.--
20         (1)  There is created within the Department of Children
21  and Family Services the Criminal Justice Mental Health
22  Reinvestment Grant Program. The purpose of the program is to
23  provide funding to counties with which they can plan,
24  implement, or expand initiatives that increase public safety,
25  avert increased spending on criminal justice, and improve the
26  accessibility and effectiveness of treatment services for
27  residents who have a mental illness, substance use disorder,
28  or co-occurring mental health and substance use disorder and
29  who are in, or at risk of entering, the criminal justice
30  system.
31         (2)  The Florida Substance Abuse and Mental Health
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 Corporation created in s. 394.655, Florida Statutes, shall 2 create a statewide grant review subcommittee. The subcommittee 3 shall include: 4 (a) Five current members or appointees of the 5 corporation; 6 (b) One representative of the Department of Children 7 and Family Services; 8 (c) One representative of the Department of 9 Corrections; 10 (d) One representative of the Department of Juvenile 11 Justice; 12 (e) One representative of the Department of Elderly 13 Affairs; and 14 (f) One representative of the State Courts 15 Administrator. 16 17 To the extent possible, the members of the subcommittee shall 18 have expertise in grant writing, grant reviewing, and grant 19 application scoring. 20 (3)(a) A county may apply for a 1-year planning grant 21 or a 3-year implementation grant. The purpose of the grant is 22 to demonstrate that investment in treatment efforts related to 23 mental illness, substance abuse disorders, or co-occurring 24 disorders results in reduced demand on the resources of the 25 judicial, corrections, or health and social services systems. 26 (b) To be eligible to receive a one-year planning 27 grant or a 3-year implementation grant, a county applicant 28 must have a county planning committee that is in compliance 29 with the membership requirements set forth in this section. 30 (4) The grant review subcommittee shall notify the 31 Department of Children and Family Services in writing of the 2 10:14 AM 03/21/07 s0542d-cf35-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 applicants who have been selected by the subcommittee to 2 receive a grant. Contingent upon the availability of funds and 3 upon notification by the review committee of those applicants 4 approved to receive planning, implementation, or expansion 5 grants, the Department of Children and Family Services may 6 transfer funds appropriated for the grant program to any 7 county awarded a grant. 8 Section 2. County planning councils or committees.-- 9 (1) Each board of county commissioners shall use its 10 public safety coordinating council established in s. 951.26, 11 Florida Statutes, another criminal justice committee or 12 council, or a mental health and substance abuse council or 13 committee designated or established by the board of county 14 commissioners as the planning council. A county may join with 15 one or more counties to form a consortium and use a regional 16 public safety coordinating council, another regional criminal 17 justice council or committee, or a mental health and substance 18 abuse planning council or committee for the geographic area 19 represented by the member counties. 20 (2)(a) For the purposes of this section, the 21 membership of an appropriate planning council or committee 22 must include: 23 1. The state attorney, or an assistant state attorney 24 designated by the state attorney. 25 2. The public defender, or an assistant public 26 defender designated by the public defender. 27 3. A circuit judge designated by the chief judge of 28 the circuit. 29 4. A county court judge designated by the chief judge 30 of the circuit. 31 5. The chief correctional officer. 3 10:14 AM 03/21/07 s0542d-cf35-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 6. The sheriff, or a person designated by the sheriff 2 if the sheriff is not the chief correctional officer. 3 7. A police chief or a person designated by the local 4 police chief's association. 5 8. The state probation circuit administrator, or a 6 person designated by the state probation circuit 7 administrator. 8 9. The local court administrator or the court 9 administrator's designee. 10 10. The chairperson of the board of county 11 commissioners, or another county commissioner designated by 12 the chairperson. If the planning council is a consortium of 13 counties, then a county commissioner or designee from each 14 member county. 15 11. The director of any county probation or pretrial 16 intervention program, if the county has such a program. 17 12. The director of a local substance abuse treatment 18 program, or a person designated by the director. 19 13. The director of a community mental health agency, 20 or a person designated by the director. 21 14. A representative of the substance abuse and mental 22 health program office of the Department of Children and Family 23 Services, selected by the substance abuse and mental health 24 program supervisor of the district in which the county is 25 located. 26 15. A primary consumer of mental health services, 27 selected by the substance abuse and mental health program 28 supervisor of the district in which the primary consumer 29 resides. If multiple counties apply together, a primary 30 consumer may be selected to represent each county. 31 16. A primary consumer of substance abuse services, 4 10:14 AM 03/21/07 s0542d-cf35-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 selected by the substance abuse and mental health program 2 supervisor of the district in which the county is located. If 3 the planning council is a consortium of counties, a primary 4 consumer may be selected to represent each county. 5 17. A family member of a primary consumer of 6 community-based treatment services, selected by the abuse and 7 mental health program supervisor of the district in which the 8 family member resides. 9 18. A representative from an area homeless program or 10 a supportive housing program. 11 19. The director or designee of the detention facility 12 of the Department of Juvenile Justice. 13 (b) The chairperson of the board of county 14 commissioners or another county commissioner, if designated, 15 shall serve as the chairperson of the council or committee 16 until a chairperson is elected from the membership. 17 (c) All meetings of the planning council or committee, 18 as well as its records, books, documents, and papers, shall be 19 open and available to the public in accordance with ss. 119.07 20 and 286.011, Florida Statutes. 21 Section 3. Criminal Justice Mental Health Reinvestment 22 Grant Program requirements.-- 23 (1) The Substance Abuse and Mental Health Corporation 24 Statewide Grant Review Committee, in collaboration with the 25 Department of Children and Family Services, the Department of 26 Corrections, the Department of Juvenile Justice, and the State 27 Courts Administrator's office, shall establish criteria to be 28 used by the corporation to review submitted applications and 29 to select the county that will be awarded a 1-year planning 30 grant or a 3-year implementation grant. A planning or 31 implementation grant may not be awarded unless the application 5 10:14 AM 03/21/07 s0542d-cf35-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 of the county meets the established criteria. 2 (a) The application criteria for a 1-year planning 3 grant must include a requirement that the applicant county or 4 counties have a strategic plan to initiate systemic change to 5 identify and treat individuals who have mental illnesses, 6 substance abuse disorders, or co-occurring mental health and 7 substance abuse disorders who are in, or at risk of entering, 8 the justice system. The 1-year planning grant must be used to 9 develop effective collaboration efforts among participants in 10 affected governmental agencies, including the criminal and 11 civil justice systems, mental health and substance abuse 12 treatment service providers, transportation programs, and 13 housing assistance programs. The collaboration efforts shall 14 be the basis for developing a problem-solving model and 15 strategic plan for treating persons who are in or at risk of 16 entering the criminal justice system and doing so at the 17 earliest point of contact, taking into consideration public 18 safety. The planning grant shall include strategies to divert 19 individuals from judicial commitment to community-based 20 service programs offered by the Department of Children and 21 Family Services, in accordance with ss. 916.13 and 916.17, 22 Florida Statutes. 23 (b) The application criteria for a 3-year 24 implementation grant shall require information from a county 25 that demonstrates its completion of a well-established 26 collaboration plan that includes public-private partnership 27 models and the application of evidence-based practices. The 28 implementation or expansion grants may support programs and 29 diversion initiatives that include, but need not be limited 30 to: 31 1. Mental health courts; 6 10:14 AM 03/21/07 s0542d-cf35-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 2. Diversion programs; 2 3. Alternative prosecution and sentencing programs; 3 4. Crisis-intervention teams; 4 5. Treatment accountability services; 5 6. Specialized training for criminal justice and 6 treatment services professionals; 7 7. Service delivery of collateral services such as 8 housing, transitional housing, and supported employment; and 9 8. Reentry services to create or expand mental health 10 and substance abuse and support services for affected persons. 11 (c) Each county application must include the following 12 information: 13 1. An analysis of the current jail population in the 14 county, which includes: 15 a. The screening and assessment process that the 16 county uses to identify a person who has a mental illness, 17 substance abuse problem, or co-occurring disorder; 18 b. The percentage of each category of persons admitted 19 to the jail which represents people who have a mental illness, 20 substance abuse problem, or co-occurring disorder; and 21 c. An analysis of observed contributing factors that 22 affect county jail population trends. 23 2. A description of the strategies the county intends 24 to use to serve one or more clearly defined subsets of the 25 jail population who have a mental illness or to serve those at 26 risk of arrest and incarceration. The proposed strategies may 27 include identifying the population designated to receive the 28 new interventions, a description of the services and 29 supervision methods to be applied to that population, and the 30 goals and measurable objectives of the new interventions. The 31 interventions a county may use with the target population may 7 10:14 AM 03/21/07 s0542d-cf35-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 include, but are not limited to: 2 a. Specialized responses by law enforcement agencies; 3 b. Centralized receiving facilities for individuals 4 evidencing behavioral difficulties; 5 c. Post-booking alternatives to incarceration; 6 d. New court programs, including pretrial services and 7 specialized dockets; 8 e. Specialized diversion programs; 9 f. Intensified transition services that are directed 10 to the designated populations while they are in jail to 11 facilitate the person's transition to the community; 12 g. Specialized probation processes; 13 h. Day-reporting centers; 14 i. Linkages to community-based, evidence-based 15 treatment programs for people who have mental illness or 16 substance abuse problems; and 17 j. Community services and programs designed to prevent 18 criminal justice involvement of high-risk populations. 19 3. The projected effect the proposed initiatives will 20 have on the jail population and the jail's budget. The 21 information must include: 22 a. The county's estimate of how the initiative will 23 reduce the expenditures associated with the incarceration of 24 people who have a mental illness; 25 b. The methodology that the county intends to use to 26 measure the defined outcomes, and the corresponding savings or 27 averted costs; 28 c. The county's estimate of how the cost savings or 29 averted costs will sustain or expand the mental health and 30 substance abuse treatment services and supports needed in the 31 community; and 8 10:14 AM 03/21/07 s0542d-cf35-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 d. How the county's proposed initiative will reduce 2 the number of individuals judicially committed to a state 3 mental health treatment facility. 4 4. The proposed strategies that the county intends to 5 use to preserve and enhance its community mental health and 6 substance abuse system, which serves as the local behavioral 7 health safety net for low-income and uninsured individuals. 8 5. The proposed strategies that the county intends to 9 use to continue the implemented or expanded programs and 10 initiatives that have resulted from the grant funding. 11 (2)(a) As used in this subsection, the term "available 12 resources" includes in-kind contributions from participating 13 counties. 14 (b) A 1-year planning grant may not be awarded unless 15 the applicant county makes available resources in an amount 16 equal to the total amount of the grant. A planning grant may 17 not be used to supplant funding for existing programs. 18 (c) A 3-year implementation or expansion grant may not 19 be awarded unless the applicant county or consortium of 20 counties makes available resources equal to the total amount 21 of the grant. This match shall be used for expansion of 22 services and may not supplant existing funds for services. An 23 implementation or expansion grant must support the 24 implementation of new services or the expansion of services 25 and may not be used to supplant existing services. 26 (3) Using the criteria adopted by rule, the county 27 designated or established criminal justice, mental health, and 28 substance abuse planning council or committee shall prepare 29 the county or counties' application for the 1-year planning or 30 3-year implementation or expansion grant. The county shall 31 submit the completed application to the corporation statewide 9 10:14 AM 03/21/07 s0542d-cf35-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 grant review committee. 2 Section 4. Criminal Justice, Mental Health, and 3 Substance Abuse Technical Assistance Center.-- 4 (1) There is created a Criminal Justice, Mental 5 Health, and Substance Abuse Technical Assistance Center at the 6 Louis de la Parte Florida Mental Health Institute at the 7 University of South Florida which shall: 8 (a) Provide technical assistance to counties in 9 preparing a grant application. 10 (b) Assist an applicant county in projecting the 11 effect of the proposed intervention on the population of the 12 county detention facility. 13 (c) Assist an applicant county in monitoring the 14 effect of the effect of a grant award on the criminal justice 15 system in the county. 16 (d) Disseminate and share evidence-based practices and 17 best practices among grantees. 18 (e) Act as a clearinghouse for information and 19 resources related to criminal justice, mental health, and 20 substance abuse. 21 (f) Coordinate and organize the process of the state 22 interagency justice, mental health, and substance abuse work 23 group with the outcomes of the local grant projects for state 24 and local policy and budget developments and system planning. 25 (2) The Substance Abuse and Mental Health Corporation 26 and the Criminal Justice, Mental Health, and Substance Abuse 27 Technical Assistance Center shall submit an annual report to 28 the Governor, the President of the Senate, and the Speaker of 29 the House of Representatives by January 1 of each year, 30 beginning on January 1, 2009. The report must include: 31 (a) A detailed description of the progress made by 10 10:14 AM 03/21/07 s0542d-cf35-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 each grantee in meeting the goals described in the 2 application; 3 (b) A description of the effect the grant-funded 4 initiatives have had on meeting the needs of persons who have 5 mental illness, substance use disorders, or co-occurring 6 mental health and substance use disorders, therefore reducing 7 the number of forensic commitments to state mental health 8 treatment facilities; 9 (c) A summary of the effect of the grant program on 10 the jail and prison growth and expenditures; 11 (d) A summary of the initiative's effect on the 12 availability and accessibility of effective community-based 13 mental health and substance abuse treatment services for 14 people who have mental illnesses, substance use disorders, or 15 co-occurring mental health and substance use disorders. The 16 summary must describe how the expanded community diversion 17 alternatives have reduced incarceration and commitments to 18 state mental health treatment facilities; and 19 (e) A summary of how the local matching funds provided 20 by the county or consortium leveraged additional funding to 21 further the goals of the grant program. 22 Section 5. Administrative costs and number of grants 23 awarded.-- 24 (1) The administrative costs for each applicant county 25 or consortium of counties may not exceed 10 percent of the 26 total funding received for any grant. 27 (2) The number of grants awarded shall be based on 28 funding appropriated for that purpose. 29 Section 6. Subsection (12) is added to section 30 394.655, Florida Statutes, to read: 31 394.655 The Substance Abuse and Mental Health 11 10:14 AM 03/21/07 s0542d-cf35-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 Corporation; powers and duties; composition; evaluation and 2 reporting requirements.-- 3 (12)(a) There is established a Criminal Justice Mental 4 Health Policy Council within the Florida Substance Abuse and 5 Mental Health Corporation. The members of the council are: 6 1. The chairperson of the corporation; 7 2. The Secretary of Children and Family Services; 8 3. The Secretary of Corrections; 9 4. The Secretary of Health Care Administration; 10 5. The Secretary of Juvenile Justice; 11 6. The Secretary of Elderly Affairs; and 12 7. The State Courts Administrator. 13 (b) The purpose of the council shall be to align 14 policy initiatives in the criminal justice and mental health 15 systems to ensure the most effective use of resources and to 16 coordinate the development of legislative proposals and budget 17 requests relating to the shared needs of persons who have 18 mental illnesses, substance abuse disorders, and co-occurring 19 disorders who are in, or at risk of entering, the criminal 20 justice system. 21 (c) The council shall work in conjunction with the 22 local grantees to ensure that effective strategies identified 23 by local grantees are disseminated statewide and to create a 24 feedback loop for purposes of policy and budget development 25 and system change and improvement. The council shall 26 coordinate its efforts with the Criminal Justice, Mental 27 Health, and Substance Abuse Technical Assistance Center. 28 (d) Each member agency of the council shall designate 29 an agency liaison to assist in the work of the policy council. 30 Section 7. This act shall take effect upon becoming a 31 law. 12 10:14 AM 03/21/07 s0542d-cf35-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to forensic mental health; 8 creating the Criminal Justice Mental Health 9 Reinvestment Grant Program within the 10 Department of Children and Family Services; 11 providing for the purpose of the grant program; 12 requiring the Substance Abuse and Mental Health 13 Corporation to establish a statewide justice 14 and mental health reinvestment grant review 15 committee; providing for membership on the 16 review committee; authorizing counties to apply 17 for a planning grant or an implementation 18 grant; requiring each county applying for a 19 grant to have a planning council committee; 20 providing for membership on the planning 21 council or committee; requiring that all 22 records and meetings be open to the public; 23 requiring the corporation, in collaboration 24 with others, to develop criteria to be used in 25 reviewing submitted applications and selecting 26 counties to be awarded a planning or 27 implementation grant; requiring counties to 28 include certain specified information when 29 submitting the grant application; prohibiting a 30 county from using grant funds to supplant 31 existing funding; creating the Criminal 13 10:14 AM 03/21/07 s0542d-cf35-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 542 Barcode 340428 1 Justice, Mental Health, and Substance Abuse 2 Technical Assistance Center; providing for 3 certain functions to be performed by the 4 technical assistance center; requiring the 5 technical assistance center to submit an annual 6 report to the Governor, the President of the 7 Senate, and the Speaker of the House of 8 Representatives by a specified date; specifying 9 the information to be included in the annual 10 report; limiting the administrative costs a 11 county may charge to the grant funds; amending 12 s. 394.655, F.S.; creating the Criminal Justice 13 Mental Health Policy Council in the Florida 14 Substance Abuse and Mental Health Corporation; 15 providing for membership; providing for the 16 purpose of the council; providing an effective 17 date. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 10:14 AM 03/21/07 s0542d-cf35-t01