Senate Bill sb0542c1

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    Florida Senate - 2007                            CS for SB 542

    By the Committee on Children, Families, and Elder Affairs; and
    Senators Margolis, Rich, Bennett, King, Hill and Lynn




    586-2159-07

  1                      A bill to be entitled

  2         An act relating to forensic mental health;

  3         creating the Criminal Justice Mental Health

  4         Reinvestment Grant Program within the

  5         Department of Children and Family Services;

  6         providing for the purpose of the grant program;

  7         requiring the Substance Abuse and Mental Health

  8         Corporation to establish a statewide justice

  9         and mental health reinvestment grant review

10         committee; providing for membership on the

11         review committee; authorizing counties to apply

12         for a planning grant or an implementation

13         grant; requiring each county applying for a

14         grant to have a planning council committee;

15         providing for membership on the planning

16         council or committee; requiring that all

17         records and meetings be open to the public;

18         requiring the corporation, in collaboration

19         with others, to develop criteria to be used in

20         reviewing submitted applications and selecting

21         counties to be awarded a planning or

22         implementation grant; requiring counties to

23         include certain specified information when

24         submitting the grant application; prohibiting a

25         county from using grant funds to supplant

26         existing funding; creating the Criminal

27         Justice, Mental Health, and Substance Abuse

28         Technical Assistance Center; providing for

29         certain functions to be performed by the

30         technical assistance center; requiring the

31         technical assistance center to submit an annual

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    Florida Senate - 2007                            CS for SB 542
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 1         report to the Governor, the President of the

 2         Senate, and the Speaker of the House of

 3         Representatives by a specified date; specifying

 4         the information to be included in the annual

 5         report; limiting the administrative costs a

 6         county may charge to the grant funds; amending

 7         s. 394.655, F.S.; creating the Criminal Justice

 8         Mental Health Policy Council in the Florida

 9         Substance Abuse and Mental Health Corporation;

10         providing for membership; providing for the

11         purpose of the council; providing an effective

12         date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Criminal Justice Mental Health Reinvestment

17  Grant Program.--

18         (1)  There is created within the Department of Children

19  and Family Services the Criminal Justice Mental Health

20  Reinvestment Grant Program. The purpose of the program is to

21  provide funding to counties with which they can plan,

22  implement, or expand initiatives that increase public safety,

23  avert increased spending on criminal justice, and improve the

24  accessibility and effectiveness of treatment services for

25  residents who have a mental illness, substance use disorder,

26  or co-occurring mental health and substance use disorder and

27  who are in, or at risk of entering, the criminal justice

28  system.

29         (2)  The Florida Substance Abuse and Mental Health

30  Corporation created in s. 394.655, Florida Statutes, shall

31  

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    Florida Senate - 2007                            CS for SB 542
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 1  create a statewide grant review subcommittee. The subcommittee

 2  shall include:

 3         (a)  Five current members or appointees of the

 4  corporation;

 5         (b)  One representative of the Department of Children

 6  and Family Services;

 7         (c)  One representative of the Department of

 8  Corrections;

 9         (d)  One representative of the Department of Juvenile

10  Justice;

11         (e)  One representative of the Department of Elderly

12  Affairs; and

13         (f)  One representative of the State Courts

14  Administrator.

15  

16  To the extent possible, the members of the subcommittee shall

17  have expertise in grant writing, grant reviewing, and grant

18  application scoring.

19         (3)(a)  A county may apply for a 1-year planning grant

20  or a 3-year implementation grant. The purpose of the grant is

21  to demonstrate that investment in treatment efforts related to

22  mental illness, substance abuse disorders, or co-occurring

23  disorders results in reduced demand on the resources of the

24  judicial, corrections, or health and social services systems.

25         (b)  To be eligible to receive a one-year planning

26  grant or a 3-year implementation grant, a county applicant

27  must have a county planning committee that is in compliance

28  with the membership requirements set forth in this section.

29         (4)  The grant review subcommittee shall notify the

30  Department of Children and Family Services in writing of the

31  applicants who have been selected by the subcommittee to

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    Florida Senate - 2007                            CS for SB 542
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 1  receive a grant. Contingent upon the availability of funds and

 2  upon notification by the review committee of those applicants

 3  approved to receive planning, implementation, or expansion

 4  grants, the Department of Children and Family Services may

 5  transfer funds appropriated for the grant program to any

 6  county awarded a grant.

 7         Section 2.  County planning councils or committees.--

 8         (1)  Each board of county commissioners shall use its

 9  public safety coordinating council established in s. 951.26,

10  Florida Statutes, another criminal justice committee or

11  council, or a mental health and substance abuse council or

12  committee designated or established by the board of county

13  commissioners as the planning council. A county may join with

14  one or more counties to form a consortium and use a regional

15  public safety coordinating council, another regional criminal

16  justice council or committee, or a mental health and substance

17  abuse planning council or committee for the geographic area

18  represented by the member counties.

19         (2)(a)  For the purposes of this section, the

20  membership of an appropriate planning council or committee

21  must include:

22         1.  The state attorney, or an assistant state attorney

23  designated by the state attorney.

24         2.  The public defender, or an assistant public

25  defender designated by the public defender.

26         3.  A circuit judge designated by the chief judge of

27  the circuit.

28         4.  A county court judge designated by the chief judge

29  of the circuit.

30         5.  The chief correctional officer.

31  

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    Florida Senate - 2007                            CS for SB 542
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 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  

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    Florida Senate - 2007                            CS for SB 542
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 1         16.  A primary consumer of substance abuse services,

 2  selected by the substance abuse and mental health program

 3  supervisor of the district in which the county is located. If

 4  the planning council is a consortium of counties, a primary

 5  consumer may be selected to represent each county.

 6         17.  A family member of a primary consumer of

 7  community-based treatment services, selected by the abuse and

 8  mental health program supervisor of the district in which the

 9  family member resides.

10         18.  A representative from an area homeless program or

11  a supportive housing program.

12         19.  The director or designee of the detention facility

13  of the Department of Juvenile Justice.

14         (b)  The chairperson of the board of county

15  commissioners or another county commissioner, if designated,

16  shall serve as the chairperson of the council or committee

17  until a chairperson is elected from the membership.

18         (c)  All meetings of the planning council or committee,

19  as well as its records, books, documents, and papers, shall be

20  open and available to the public in accordance with ss. 119.07

21  and 286.011, Florida Statutes.

22         Section 3.  Criminal Justice Mental Health Reinvestment

23  Grant Program requirements.--

24         (1)  The Substance Abuse and Mental Health Corporation

25  Statewide Grant Review Committee, in collaboration with the

26  Department of Children and Family Services, the Department of

27  Corrections, the Department of Juvenile Justice, and the State

28  Courts Administrator's office, shall establish criteria to be

29  used by the corporation to review submitted applications and

30  to select the county that will be awarded a 1-year planning

31  grant or a 3-year implementation grant. A planning or

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    Florida Senate - 2007                            CS for SB 542
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 1  implementation grant may not be awarded unless the application

 2  of the county meets the established criteria.

 3         (a)  The application criteria for a 1-year planning

 4  grant must include a requirement that the applicant county or

 5  counties have a strategic plan to initiate systemic change to

 6  identify and treat individuals who have mental illnesses,

 7  substance abuse disorders, or co-occurring mental health and

 8  substance abuse disorders who are in, or at risk of entering,

 9  the justice system. The 1-year planning grant must be used to

10  develop effective collaboration efforts among participants in

11  affected governmental agencies, including the criminal and

12  civil justice systems, mental health and substance abuse

13  treatment service providers, transportation programs, and

14  housing assistance programs. The collaboration efforts shall

15  be the basis for developing a problem-solving model and

16  strategic plan for treating persons who are in or at risk of

17  entering the criminal justice system and doing so at the

18  earliest point of contact, taking into consideration public

19  safety. The planning grant shall include strategies to divert

20  individuals from judicial commitment to community-based

21  service programs offered by the Department of Children and

22  Family Services, in accordance with ss. 916.13 and 916.17,

23  Florida Statutes.

24         (b)  The application criteria for a 3-year

25  implementation grant shall require information from a county

26  that demonstrates its completion of a well-established

27  collaboration plan that includes public-private partnership

28  models and the application of evidence-based practices. The

29  implementation or expansion grants may support programs and

30  diversion initiatives that include, but need not be limited

31  to:

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    Florida Senate - 2007                            CS for SB 542
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 1         1.  Mental health courts;

 2         2.  Diversion programs;

 3         3.  Alternative prosecution and sentencing programs;

 4         4.  Crisis-intervention teams;

 5         5.  Treatment accountability services;

 6         6.  Specialized training for criminal justice and

 7  treatment services professionals;

 8         7.  Service delivery of collateral services such as

 9  housing, transitional housing, and supported employment; and

10         8.  Reentry services to create or expand mental health

11  and substance abuse and support services for affected persons.

12         (c)  Each county application must include the following

13  information:

14         1.  An analysis of the current jail population in the

15  county, which includes:

16         a.  The screening and assessment process that the

17  county uses to identify a person who has a mental illness,

18  substance abuse problem, or co-occurring disorder;

19         b.  The percentage of each category of persons admitted

20  to the jail which represents people who have a mental illness,

21  substance abuse problem, or co-occurring disorder; and

22         c.  An analysis of observed contributing factors that

23  affect county jail population trends.

24         2.  A description of the strategies the county intends

25  to use to serve one or more clearly defined subsets of the

26  jail population who have a mental illness or to serve those at

27  risk of arrest and incarceration. The proposed strategies may

28  include identifying the population designated to receive the

29  new interventions, a description of the services and

30  supervision methods to be applied to that population, and the

31  goals and measurable objectives of the new interventions. The

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    Florida Senate - 2007                            CS for SB 542
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 1  interventions a county may use with the target population may

 2  include, but are not limited to:

 3         a.  Specialized responses by law enforcement agencies;

 4         b.  Centralized receiving facilities for individuals

 5  evidencing behavioral difficulties;

 6         c.  Post-booking alternatives to incarceration;

 7         d.  New court programs, including pretrial services and

 8  specialized dockets;

 9         e.  Specialized diversion programs;

10         f.  Intensified transition services that are directed

11  to the designated populations while they are in jail to

12  facilitate the person's transition to the community;

13         g.  Specialized probation processes;

14         h.  Day-reporting centers;

15         i.  Linkages to community-based, evidence-based

16  treatment programs for people who have mental illness or

17  substance abuse problems; and

18         j.  Community services and programs designed to prevent

19  criminal justice involvement of high-risk populations.

20         3.  The projected effect the proposed initiatives will

21  have on the jail population and the jail's budget. The

22  information must include:

23         a.  The county's estimate of how the initiative will

24  reduce the expenditures associated with the incarceration of

25  people who have a mental illness;

26         b.  The methodology that the county intends to use to

27  measure the defined outcomes, and the corresponding savings or

28  averted costs;

29         c.  The county's estimate of how the cost savings or

30  averted costs will sustain or expand the mental health and

31  

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    Florida Senate - 2007                            CS for SB 542
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 1  substance abuse treatment services and supports needed in the

 2  community; and

 3         d.  How the county's proposed initiative will reduce

 4  the number of individuals judicially committed to a state

 5  mental health treatment facility.

 6         4.  The proposed strategies that the county intends to

 7  use to preserve and enhance its community mental health and

 8  substance abuse system, which serves as the local behavioral

 9  health safety net for low-income and uninsured individuals.

10         5.  The proposed strategies that the county intends to

11  use to continue the implemented or expanded programs and

12  initiatives that have resulted from the grant funding.

13         (2)(a)  As used in this subsection, the term "available

14  resources" includes in-kind contributions from participating

15  counties.

16         (b)  A 1-year planning grant may not be awarded unless

17  the applicant county makes available resources in an amount

18  equal to the total amount of the grant. A planning grant may

19  not be used to supplant funding for existing programs.

20         (c)  A 3-year implementation or expansion grant may not

21  be awarded unless the applicant county or consortium of

22  counties makes available resources equal to the total amount

23  of the grant. This match shall be used for expansion of

24  services and may not supplant existing funds for services. An

25  implementation or expansion grant must support the

26  implementation of new services or the expansion of services

27  and may not be used to supplant existing services.

28         (3)  Using the criteria adopted by rule, the county

29  designated or established criminal justice, mental health, and

30  substance abuse planning council or committee shall prepare

31  the county or counties' application for the 1-year planning or

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    Florida Senate - 2007                            CS for SB 542
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 1  3-year implementation or expansion grant. The county shall

 2  submit the completed application to the corporation statewide

 3  grant review committee.

 4         Section 4.  Criminal Justice, Mental Health, and

 5  Substance Abuse Technical Assistance Center.--

 6         (1)  There is created a Criminal Justice, Mental

 7  Health, and Substance Abuse Technical Assistance Center at the

 8  Louis de la Parte Florida Mental Health Institute at the

 9  University of South Florida which shall:

10         (a)  Provide technical assistance to counties in

11  preparing a grant application.

12         (b)  Assist an applicant county in projecting the

13  effect of the proposed intervention on the population of the

14  county detention facility.

15         (c)  Assist an applicant county in monitoring the

16  effect of the effect of a grant award on the criminal justice

17  system in the county.

18         (d)  Disseminate and share evidence-based practices and

19  best practices among grantees.

20         (e)  Act as a clearinghouse for information and

21  resources related to criminal justice, mental health, and

22  substance abuse.

23         (f)  Coordinate and organize the process of the state

24  interagency justice, mental health, and substance abuse work

25  group with the outcomes of the local grant projects for state

26  and local policy and budget developments and system planning.

27         (2)  The Substance Abuse and Mental Health Corporation

28  and the Criminal Justice, Mental Health, and Substance Abuse

29  Technical Assistance Center shall submit an annual report to

30  the Governor, the President of the Senate, and the Speaker of

31  

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    Florida Senate - 2007                            CS for SB 542
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 1  the House of Representatives by January 1 of each year,

 2  beginning on January 1, 2009. The report must include:

 3         (a)  A detailed description of the progress made by

 4  each grantee in meeting the goals described in the

 5  application;

 6         (b)  A description of the effect the grant-funded

 7  initiatives have had on meeting the needs of persons who have

 8  mental illness, substance use disorders, or co-occurring

 9  mental health and substance use disorders, therefore reducing

10  the number of forensic commitments to state mental health

11  treatment facilities;

12         (c)  A summary of the effect of the grant program on

13  the jail and prison growth and expenditures;

14         (d)  A summary of the initiative's effect on the

15  availability and accessibility of effective community-based

16  mental health and substance abuse treatment services for

17  people who have mental illnesses, substance use disorders, or

18  co-occurring mental health and substance use disorders. The

19  summary must describe how the expanded community diversion

20  alternatives have reduced incarceration and commitments to

21  state mental health treatment facilities; and

22         (e)  A summary of how the local matching funds provided

23  by the county or consortium leveraged additional funding to

24  further the goals of the grant program.

25         Section 5.  Administrative costs and number of grants

26  awarded.--

27         (1)  The administrative costs for each applicant county

28  or consortium of counties may not exceed 10 percent of the

29  total funding received for any grant.

30         (2)  The number of grants awarded shall be based on

31  funding appropriated for that purpose.

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    Florida Senate - 2007                            CS for SB 542
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 1         Section 6.  Subsection (12) is added to section

 2  394.655, Florida Statutes, to read:

 3         394.655  The Substance Abuse and Mental Health

 4  Corporation; powers and duties; composition; evaluation and

 5  reporting requirements.--

 6         (12)(a)  There is established a Criminal Justice Mental

 7  Health Policy Council within the Florida Substance Abuse and

 8  Mental Health Corporation. The members of the council are:

 9         1.  The chairperson of the corporation;

10         2.  The Secretary of Children and Family Services;

11         3.  The Secretary of Corrections;

12         4.  The Secretary of Health Care Administration;

13         5.  The Secretary of Juvenile Justice;

14         6.  The Secretary of Elderly Affairs; and

15         7.  The State Courts Administrator.

16         (b)  The purpose of the council shall be to align

17  policy initiatives in the criminal justice and mental health

18  systems to ensure the most effective use of resources and to

19  coordinate the development of legislative proposals and budget

20  requests relating to the shared needs of persons who have

21  mental illnesses, substance abuse disorders, and co-occurring

22  disorders who are in, or at risk of entering, the criminal

23  justice system.

24         (c)  The council shall work in conjunction with the

25  local grantees to ensure that effective strategies identified

26  by local grantees are disseminated statewide and to create a

27  feedback loop for purposes of policy and budget development

28  and system change and improvement. The council shall

29  coordinate its efforts with the Criminal Justice, Mental

30  Health, and Substance Abuse Technical Assistance Center.

31  

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    Florida Senate - 2007                            CS for SB 542
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 1         (d)  Each member agency of the council shall designate

 2  an agency liaison to assist in the work of the policy council.

 3         Section 7.  This act shall take effect upon becoming a

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 542

 8                                 

 9  The committee substitute:

10  1.   Clarifies the membership of the statewide grant review
         subcommittee;
11  
    2.   Allows a county to apply for one-year, rather than
12       six-month, planning grants as well as for three-year
         implementation grants;
13  
    3.   Allows a county to use either its Public Safety
14       Coordinating Council or another body to make applications
         for grants and adds to the membership requirements of
15       this body;

16  4.   Provides that the grant review committee, rather than
         DCF, will establish criteria for awarding grants, and
17       specifies certain information that must be included in
         the application criteria;
18  
    5.   Provides that the applicant county must make available
19       resources in an amount equal to 100 percent, rather than
         25 percent, of the amount of the grant;
20  
    6.   Takes out the requirement that DCF be involved in the
21       establishment of a technical assistance center or the
         presentation of an annual report; and
22  
    7.   Corrects technical deficiencies.
23  

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