| 1 | A bill to be entitled |
| 2 | An act relating to mental health and substance abuse; |
| 3 | amending s. 394.4572, F.S.; revising provisions relating |
| 4 | to employment screening requirements for mental health |
| 5 | personnel; revising the definition of the term "mental |
| 6 | health personnel"; removing an exemption from screening |
| 7 | requirements for certain mental health personnel; creating |
| 8 | s. 394.4996, F.S.; authorizing the Agency for Health Care |
| 9 | Administration, in consultation with the Department of |
| 10 | Children and Family Services, to establish a licensure |
| 11 | category for facilities providing integrated adult mental |
| 12 | health crisis stabilization unit and addictions receiving |
| 13 | facility services; authorizing such facilities to provide |
| 14 | integrated mental health and substance abuse services to |
| 15 | adults who meet certain criteria; providing for standards, |
| 16 | procedures, and requirements for services; providing |
| 17 | rulemaking authority; amending s. 394.655, F.S.; revising |
| 18 | purpose of the Criminal Justice, Mental Health, and |
| 19 | Substance Abuse Policy Council; amending s. 394.656, F.S.; |
| 20 | requiring the department and the agency to develop local |
| 21 | treatment and service delivery infrastructures in |
| 22 | coordination with counties receiving grants under the |
| 23 | Criminal Justice, Mental Health, and Substance Abuse |
| 24 | Reinvestment Grant Program; amending s. 394.657, F.S.; |
| 25 | providing additional duties of certain county planning |
| 26 | councils and committees; amending s. 394.659, F.S.; |
| 27 | providing additional duties of the Criminal Justice, |
| 28 | Mental Health, and Substance Abuse Technical Assistance |
| 29 | Center; requiring an annual report; amending s. 394.67, |
| 30 | F.S.; revising the definition of the term "residential |
| 31 | treatment center for children and adolescents"; providing |
| 32 | for such centers to be licensed by the agency; amending s. |
| 33 | 394.674, F.S.; revising eligibility requirements for |
| 34 | substance abuse and mental health services funded by the |
| 35 | department; providing rulemaking authority; creating s. |
| 36 | 394.9086, F.S.; creating the "Community Mental Health and |
| 37 | Substance Abuse Treatment and Crime Reduction Act"; |
| 38 | providing goals; providing definitions; creating a |
| 39 | community mental health and substance abuse treatment |
| 40 | forensic treatment system; providing criteria for |
| 41 | eligibility; providing responsibilities of the department; |
| 42 | establishing demonstration sites; providing rulemaking |
| 43 | authority; amending s. 409.906, F.S.; authorizing the |
| 44 | agency to seek federal approval to implement home and |
| 45 | community-based services; amending s. 553.80, F.S.; |
| 46 | providing for enforcement of the Florida Building Code |
| 47 | construction regulations for secure mental health |
| 48 | treatment facilities by the department; amending s. |
| 49 | 916.111, F.S.; revising provisions governing the training |
| 50 | of mental health experts; requiring forensic evaluator |
| 51 | training courses to be offered annually; providing |
| 52 | requirements for being placed on or removed from the |
| 53 | department's forensic evaluator registry; amending s. |
| 54 | 916.115, F.S.; revising provisions relating to appointment |
| 55 | of experts by the court to evaluate the mental condition |
| 56 | of a criminal defendant; requiring experts to complete |
| 57 | forensic evaluator training within a specified period of |
| 58 | time to remain on the department's registry; providing |
| 59 | conditions under which certain persons may assist in |
| 60 | forensic evaluations; amending s. 916.13, F.S.; creating |
| 61 | an exception to involuntary commitment for defendants |
| 62 | adjudicated incompetent in the custody of the Department |
| 63 | of Corrections; providing duties of the department |
| 64 | relating to treatment for defendants adjudicated |
| 65 | incompetent to proceed due to mental illness; revising |
| 66 | duties of the department and the court; specifying |
| 67 | timeframes for the filing of reports, the commitment and |
| 68 | placement of defendants, and the holding of hearings; |
| 69 | amending s. 916.15, F.S.; creating an exception for the |
| 70 | involuntary commitment of defendants adjudicated not |
| 71 | guilty by reason of insanity in the custody of the |
| 72 | Department of Corrections; revising duties of the |
| 73 | department and the court; specifying timeframes for the |
| 74 | filing of reports, the commitment and placement of |
| 75 | defendants, and the holding of hearings; amending s. |
| 76 | 916.17, F.S.; providing conditions for placement of a |
| 77 | defendant in a community residential facility in a |
| 78 | demonstration area established under the act under certain |
| 79 | circumstances; providing criteria for such placement; |
| 80 | providing an effective date. |
| 81 |
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| 82 | Be It Enacted by the Legislature of the State of Florida: |
| 83 |
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| 84 | Section 1. Paragraph (d) of subsection (1) of section |
| 85 | 394.4572, Florida Statutes, is redesignated as paragraph (c), |
| 86 | and present paragraphs (a) and (c) of that subsection are |
| 87 | amended to read: |
| 88 | 394.4572 Screening of mental health personnel.-- |
| 89 | (1)(a) The department and the Agency for Health Care |
| 90 | Administration shall require employment screening for mental |
| 91 | health personnel using the standards for level 2 screening set |
| 92 | forth in chapter 435. "Mental health personnel" includes all |
| 93 | program directors, professional clinicians, staff members, and |
| 94 | volunteers working in public or private mental health programs |
| 95 | and facilities who have direct contact with unmarried patients |
| 96 | under the age of 18 years. For purposes of this chapter, |
| 97 | employment screening of mental health personnel shall also |
| 98 | include, but is not limited to, employment screening as provided |
| 99 | under chapter 435. |
| 100 | (c) Mental health personnel working in a facility licensed |
| 101 | under chapter 395 who have less than 15 hours per week of direct |
| 102 | contact with patients or who are health care professionals |
| 103 | licensed by the Agency for Health Care Administration or a board |
| 104 | thereunder are exempt from the fingerprinting and screening |
| 105 | requirements, except for persons working in mental health |
| 106 | facilities where the primary purpose of the facility is the |
| 107 | treatment of minors. |
| 108 | Section 2. Section 394.4996, Florida Statutes, is created |
| 109 | to read: |
| 110 | 394.4996 Integrated adult mental health crisis |
| 111 | stabilization unit and addictions receiving facility services.-- |
| 112 | (1) Beginning July 1, 2008, the Agency for Health Care |
| 113 | Administration, in consultation with the Department of Children |
| 114 | and Family Services, is authorized to license facilities that |
| 115 | integrate services provided in an adult mental health crisis |
| 116 | stabilization unit with services provided in an adult addictions |
| 117 | receiving facility. The services provided shall be designated as |
| 118 | "integrated adult mental health crisis stabilization unit and |
| 119 | addictions receiving facility services," and the facility |
| 120 | providing those services shall be licensed as an adult crisis |
| 121 | stabilization unit by the agency and shall meet all licensure |
| 122 | requirements for crisis stabilization units that provide these |
| 123 | integrated services. |
| 124 | (2) An integrated adult mental health crisis stabilization |
| 125 | unit and addictions receiving facility may provide services |
| 126 | under this section to adults 18 years of age or older who: |
| 127 | (a) Meet the requirements for voluntary admission for |
| 128 | mental health treatment under s. 394.4625; |
| 129 | (b) Meet the criteria for involuntary examination for |
| 130 | mental illness under s. 394.463; |
| 131 | (c) Qualify for voluntary admission for substance abuse |
| 132 | treatment under s. 397.601; or |
| 133 | (d) Meet the criteria for involuntary admission for |
| 134 | substance abuse impairment under s. 397.675. |
| 135 | (3) The department, in consultation with the agency, shall |
| 136 | adopt by rule standards that address eligibility criteria; |
| 137 | clinical procedures; staffing requirements; operational, |
| 138 | administrative, and financing requirements; and the |
| 139 | investigation of complaints. Standards that are implemented |
| 140 | specific to substance abuse treatment services shall meet or |
| 141 | exceed existing standards, in accordance with rule 65D-30.005, |
| 142 | Florida Administrative Code, for addictions receiving |
| 143 | facilities. |
| 144 | Section 3. Paragraph (b) of subsection (11) of section |
| 145 | 394.655, Florida Statutes, is amended to read: |
| 146 | 394.655 The Substance Abuse and Mental Health Corporation; |
| 147 | powers and duties; composition; evaluation and reporting |
| 148 | requirements.-- |
| 149 | (11) |
| 150 | (b) The purpose of the council shall be to: |
| 151 | 1. Align policy initiatives in the criminal justice, |
| 152 | juvenile justice, and mental health systems to ensure the most |
| 153 | effective use of resources and to coordinate the development of |
| 154 | legislative proposals and budget requests relating to the shared |
| 155 | needs of adults and juveniles who have a mental illness, |
| 156 | substance abuse disorder, or co-occurring mental health and |
| 157 | substance abuse disorders who are in, or at risk of entering, |
| 158 | the criminal justice system. |
| 159 | 2. Provide consultation in the development of |
| 160 | comprehensive and cost-effective community-based mental health |
| 161 | and substance abuse treatment services for individuals with |
| 162 | mental illnesses receiving services in forensic facilities, |
| 163 | prisons, jails, and juvenile justice centers. The council shall |
| 164 | appoint an advisory committee to review and monitor the |
| 165 | implementation of the Community Mental Health and Substance |
| 166 | Abuse Treatment and Crime Reduction Act. The advisory committee |
| 167 | shall include at least one person who has received services and |
| 168 | one family member of a person receiving services under the act. |
| 169 | Section 4. Subsection (1) of section 394.656, Florida |
| 170 | Statutes, is amended to read: |
| 171 | 394.656 Criminal Justice, Mental Health, and Substance |
| 172 | Abuse Reinvestment Grant Program.-- |
| 173 | (1) There is created within the Department of Children and |
| 174 | Family Services the Criminal Justice, Mental Health, and |
| 175 | Substance Abuse Reinvestment Grant Program. The purpose of the |
| 176 | program is to provide funding to counties with which they can |
| 177 | plan, implement, or expand initiatives that increase public |
| 178 | safety, avert increased spending on criminal justice, and |
| 179 | improve the accessibility and effectiveness of treatment |
| 180 | services for adults and juveniles who have a mental illness, |
| 181 | substance abuse disorder, or co-occurring mental health and |
| 182 | substance abuse disorders and who are in, or at risk of |
| 183 | entering, the criminal or juvenile justice systems. In |
| 184 | implementing the Community Mental Health and Substance Abuse |
| 185 | Treatment and Crime Reduction Act, the department and the agency |
| 186 | shall work in coordination with counties that received grants |
| 187 | under the Criminal Justice, Mental Health, and Substance Abuse |
| 188 | Reinvestment Grant Program pursuant to this section to develop |
| 189 | local treatment and service delivery infrastructures. |
| 190 | Section 5. Subsection (1) of section 394.657, Florida |
| 191 | Statutes, is amended to read: |
| 192 | 394.657 County planning councils or committees.-- |
| 193 | (1) Each board of county commissioners shall designate the |
| 194 | county public safety coordinating council established under s. |
| 195 | 951.26, or designate another criminal or juvenile justice mental |
| 196 | health and substance abuse council or committee, as the planning |
| 197 | council or committee. The public safety coordinating council or |
| 198 | other designated criminal or juvenile justice mental health and |
| 199 | substance abuse council or committee shall: |
| 200 | (a) Coordinate, in coordination with the county offices of |
| 201 | planning and budget and, shall make a formal recommendation to |
| 202 | the board of county commissioners regarding how the Criminal |
| 203 | Justice, Mental Health, and Substance Abuse Reinvestment Grant |
| 204 | Program may best be implemented within a community. The board of |
| 205 | county commissioners may assign any entity to prepare the |
| 206 | application on behalf of the county administration for |
| 207 | submission to the corporation for review. A county may join with |
| 208 | one or more counties to form a consortium and use a regional |
| 209 | public safety coordinating council or another county-designated |
| 210 | regional criminal or juvenile justice mental health and |
| 211 | substance abuse planning council or committee for the geographic |
| 212 | area represented by the member counties. |
| 213 | (b) Provide consultation regarding the planning and |
| 214 | implementation of the Community Mental Health and Substance |
| 215 | Abuse Treatment and Crime Reduction Act by the local governing |
| 216 | bodies. |
| 217 | Section 6. Paragraphs (g), (h), (i), and (j) are added to |
| 218 | subsection (1) of section 394.659, Florida Statutes, to read: |
| 219 | 394.659 Criminal Justice, Mental Health, and Substance |
| 220 | Abuse Technical Assistance Center.-- |
| 221 | (1) There is created a Criminal Justice, Mental Health, |
| 222 | and Substance Abuse Technical Assistance Center at the Louis de |
| 223 | la Parte Florida Mental Health Institute at the University of |
| 224 | South Florida, which shall: |
| 225 | (g) In coordination with the department, develop minimum |
| 226 | competencies and proficiencies required for communities and |
| 227 | service providers. |
| 228 | (h) Identify evidence-based practices and deliver |
| 229 | necessary training and consultation to service providers. |
| 230 | (i) Assist the department with the development of outcome |
| 231 | measures. |
| 232 | (j) Provide an annual report to the Governor, the |
| 233 | President of the Senate, the Speaker of the House of |
| 234 | Representatives, the Chief Justice of the Florida Supreme Court, |
| 235 | and the State Courts Administrator on the status of the |
| 236 | implementation of the Community Mental Health and Substance |
| 237 | Abuse Treatment and Crime Reduction Act. For those areas that |
| 238 | also have a grant under s. 394.656, the institute shall prepare |
| 239 | a joint report to avoid duplication. |
| 240 | Section 7. Subsection (21) of section 394.67, Florida |
| 241 | Statutes, is amended to read: |
| 242 | 394.67 Definitions.--As used in this part, the term: |
| 243 | (21) "Residential treatment center for children and |
| 244 | adolescents" means a 24-hour residential program, including a |
| 245 | therapeutic group home, which provides mental health services to |
| 246 | emotionally disturbed children or adolescents as defined in s. |
| 247 | 394.492(5) or (6) and which is a private for-profit or not-for- |
| 248 | profit corporation licensed by the agency under contract with |
| 249 | the department which offers a variety of treatment modalities in |
| 250 | a more restrictive setting. |
| 251 | Section 8. Subsections (1) and (4) of section 394.674, |
| 252 | Florida Statutes, are amended to read: |
| 253 | 394.674 Client Clinical eligibility for publicly funded |
| 254 | substance abuse and mental health services; fee collection |
| 255 | requirements.-- |
| 256 | (1) To be eligible to receive substance abuse and mental |
| 257 | health services funded by the department, a person must be a |
| 258 | member of one of the department's priority populations target |
| 259 | groups approved by the Legislature, pursuant to s. 216.0166. The |
| 260 | priority populations include: |
| 261 | (a) For adult mental health services: |
| 262 | 1. Adults who have severe and persistent mental illness, |
| 263 | as designated by the department using criteria that include |
| 264 | severity of diagnosis, duration of the mental illness, ability |
| 265 | to independently perform activities of daily living, and receipt |
| 266 | of disability income for a psychiatric condition. Within this |
| 267 | group priority populations include: |
| 268 | a. Older adults in crisis. |
| 269 | b. Older adults who are at risk of being placed in a more |
| 270 | restrictive environment because of their mental illness. |
| 271 | c. Persons deemed incompetent to proceed or not guilty by |
| 272 | reason of insanity under chapter 916. |
| 273 | d. Other persons involved in the criminal justice system. |
| 274 | e. Persons dually diagnosed as having co-occurring mental |
| 275 | health and substance abuse disorders. |
| 276 | 2. Adults experiencing an acute mental or emotional crisis |
| 277 | as defined in s. 394.67(17). |
| 278 | (b) For children's mental health services: |
| 279 | 1. Children who have a serious emotional disturbance. |
| 280 | 2. Children who have an emotional disturbance. |
| 281 | 3. Children who are at risk of emotional disturbance. |
| 282 | (c) For substance abuse services: |
| 283 | 1. Adults who have substance abuse disorders and have a |
| 284 | history of intravenous drug use. |
| 285 | 2. Persons dually diagnosed as having co-occurring mental |
| 286 | health and substance abuse disorders. |
| 287 | 3. Parents who put children at risk due to a substance |
| 288 | abuse disorder. |
| 289 | 4. Persons who have a substance abuse disorder and have |
| 290 | been ordered by the court to receive treatment. |
| 291 | 5. Children at risk for initiating drug use. |
| 292 | 6. Children under state supervision. |
| 293 | 7. Children who have a substance abuse disorder but are |
| 294 | not under the supervision of a court or in the custody of a |
| 295 | state agency. |
| 296 | 8. Persons identified as a priority population as a |
| 297 | condition for receiving services funded through the Substance |
| 298 | Abuse Prevention and Treatment Block Grant. |
| 299 | (4) The department shall adopt rules to implement client |
| 300 | the clinical eligibility, client enrollment, and fee collection |
| 301 | requirements for publicly funded substance abuse and mental |
| 302 | health services. The rules must require that each provider under |
| 303 | contract with the department that enrolls eligible persons into |
| 304 | treatment to develop a sliding fee scale for persons who have a |
| 305 | net family income at or above 150 percent of the Federal Poverty |
| 306 | Income Guidelines, unless otherwise required by state or federal |
| 307 | law. The sliding fee scale must use the uniform schedule of |
| 308 | discounts by which a provider under contract with the department |
| 309 | discounts its established client charges for services supported |
| 310 | with state, federal, or local funds, using, at a minimum, |
| 311 | factors such as family income, financial assets, and family size |
| 312 | as declared by the person or the person's guardian. The rules |
| 313 | must include uniform criteria to be used by all service |
| 314 | providers in developing the schedule of discounts for the |
| 315 | sliding fee scale. The rules must address the most expensive |
| 316 | types of treatment, such as residential and inpatient treatment, |
| 317 | in order to make it possible for a client to responsibly |
| 318 | contribute to his or her mental health or substance abuse care |
| 319 | without jeopardizing the family's financial stability. A person |
| 320 | who is not eligible for Medicaid and whose net family income is |
| 321 | less than 150 percent of the Federal Poverty Income Guidelines |
| 322 | must pay a portion of his or her treatment costs which is |
| 323 | comparable to the copayment amount required by the Medicaid |
| 324 | program for Medicaid clients pursuant to s. 409.9081. The rules |
| 325 | must require that persons who receive financial assistance from |
| 326 | the Federal Government because of a disability and are in long- |
| 327 | term residential treatment settings contribute to their board |
| 328 | and care costs and treatment costs and must be consistent with |
| 329 | the provisions in s. 409.212. |
| 330 | Section 9. Section 394.9086, Florida Statutes, is created |
| 331 | to read: |
| 332 | 394.9086 Community Mental Health and Substance Abuse |
| 333 | Treatment and Crime Reduction Act.-- |
| 334 | (1) SHORT TITLE.--This section may be cited as the |
| 335 | "Community Mental Health and Substance Abuse Treatment and Crime |
| 336 | Reduction Act." |
| 337 | (2) LEGISLATIVE FINDINGS AND INTENT.--The Legislature |
| 338 | finds that many inmates with serious mental illnesses who are |
| 339 | committed to state forensic mental health treatment facilities |
| 340 | for competency restoration could be served effectively and at |
| 341 | less cost in community-based alternative programs. The |
| 342 | Legislature further finds that many individuals with serious |
| 343 | mental illnesses who have been discharged from state forensic |
| 344 | mental health treatment facilities could avoid returning to the |
| 345 | criminal justice and forensic mental health system if they |
| 346 | received specialized treatment in the community. It is therefore |
| 347 | the intent of the Legislature to create the Community Mental |
| 348 | Health and Substance Abuse Forensic Treatment System to serve |
| 349 | individuals with mental illnesses or co-occurring mental health |
| 350 | and substance abuse disorders who are involved in or at risk of |
| 351 | entering forensic facilities, prisons, jails, juvenile justice |
| 352 | centers, and civil treatment facilities. |
| 353 | (3) GOALS.--The goals of the community mental health and |
| 354 | substance abuse forensic treatment system are to: |
| 355 | (a) Ensure that forensic competency restoration services |
| 356 | are provided in the least restrictive, least costly, and most |
| 357 | efficient environment. |
| 358 | (b) Provide competency restoration services in the |
| 359 | community, when appropriate, based on consideration of public |
| 360 | safety, needs of the individual, and available resources. |
| 361 | (c) Reduce admissions for competency restoration to state |
| 362 | forensic mental health treatment facilities. |
| 363 | (d) Reduce rates of arrest, incarceration, and recidivism |
| 364 | for individuals in the program. |
| 365 | (e) Ensure public safety. |
| 366 | (f) Increase outreach and services to individuals at risk |
| 367 | of criminal justice system, juvenile justice system, and |
| 368 | forensic mental health system involvement. |
| 369 | (g) Support collaboration among local law enforcement, |
| 370 | judicial, correctional, governmental, service provider, and |
| 371 | community stakeholders to implement diversion and problem- |
| 372 | solving strategies to reduce the demand for forensic mental |
| 373 | health placements. |
| 374 | (4) DEFINITIONS.-- |
| 375 | (a) "Agency" means the Agency for Health Care |
| 376 | Administration. |
| 377 | (b) "Community residential facility" means a community- |
| 378 | based residential treatment setting licensed by the agency under |
| 379 | s. 394.875 or s. 429.075 or licensed by the department under s. |
| 380 | 397.401. |
| 381 | (c) "Department" means the Department of Children and |
| 382 | Family Services. |
| 383 | (d) "Evidence-based practices" means interventions and |
| 384 | strategies that, based on the best available empirical research, |
| 385 | demonstrate effective and efficient outcomes in the care and |
| 386 | treatment of individuals diagnosed with mental illnesses or co- |
| 387 | occurring mental health and substance abuse disorders. |
| 388 | (e) "Forensic intensive care management" means activities |
| 389 | that address the comprehensive psychiatric, social, and support |
| 390 | needs of individuals diagnosed with serious and persistent |
| 391 | mental illnesses or severe emotional disturbances who are |
| 392 | involved in the justice system and receive services under this |
| 393 | section. Activities include, but are not limited to, service |
| 394 | planning, service coordination, monitoring, and assistance with |
| 395 | accessing federal, state, and local benefits necessary to |
| 396 | sustain an individual in the community. |
| 397 | (f) "Forensic treatment system" means a community mental |
| 398 | health and substance abuse forensic treatment system that |
| 399 | includes the comprehensive set of services and supports provided |
| 400 | to individuals under this section. |
| 401 | (g) "Geographic area" means a county, circuit, regional, |
| 402 | or multiregional area in the state. |
| 403 | (5) COMMUNITY MENTAL HEALTH AND SUBSTANCE ABUSE FORENSIC |
| 404 | TREATMENT SYSTEM.--The department, in consultation with the |
| 405 | agency, shall develop and implement a community mental health |
| 406 | and substance abuse forensic treatment system. The forensic |
| 407 | system shall build on the local community diversion and re-entry |
| 408 | initiatives and strategies that are consistent with those |
| 409 | identified and supported under s. 394.658(1)(b). |
| 410 | (a) The forensic system initiatives and strategies may |
| 411 | include, but are not limited to: |
| 412 | 1. Mental health courts; |
| 413 | 2. Diversion programs; |
| 414 | 3. Alternative prosecution and sentencing techniques; |
| 415 | 4. Crisis intervention teams; |
| 416 | 5. Treatment accountability services; |
| 417 | 6. Specialized training for criminal justice, juvenile |
| 418 | justice, and treatment services professionals; |
| 419 | 7. Specialized probation officers at the state and county |
| 420 | levels to serve individuals under correctional control in the |
| 421 | community; |
| 422 | 8. Collateral services such as housing, transitional |
| 423 | housing, and supported employment; and |
| 424 | 9. Reentry services to create or expand mental health and |
| 425 | substance abuse treatment and supports for affected individuals. |
| 426 | (b) The forensic system must include a comprehensive |
| 427 | continuum of care and services that use evidence-based practices |
| 428 | to address co-occurring mental health and substance abuse |
| 429 | disorders. The forensic system must include the following |
| 430 | minimum elements: |
| 431 | 1. Competency restoration and treatment services provided |
| 432 | in a variety of settings from least restrictive to progressively |
| 433 | more restrictive settings; |
| 434 | 2. Forensic intensive care management; |
| 435 | 3. Supported housing; |
| 436 | 4. Supported employment; |
| 437 | 5. Medication management; |
| 438 | 6. Trauma-specific services for treatment of the effects |
| 439 | of sexual, physical, and emotional abuse or trauma experienced |
| 440 | by individuals with mental illnesses involved in the criminal |
| 441 | justice system. These services may include behavioral therapies, |
| 442 | desensitization therapies, grounding techniques, and other |
| 443 | services; |
| 444 | 7. Residential services to address crisis episodes and |
| 445 | short-term residential treatment. In addition, alternate models |
| 446 | for services in crisis stabilization units or short-term |
| 447 | residential treatment facilities may be used that provide care |
| 448 | in a less restrictive setting and at lower cost; |
| 449 | 8. Treatment for co-occurring mental health and substance |
| 450 | abuse disorders; and |
| 451 | 9. Other services or supports identified by the department |
| 452 | working with the agency, the Substance Abuse and Mental Health |
| 453 | Corporation, and local governing bodies. |
| 454 | (6) ELIGIBILITY.--The department may serve individuals who |
| 455 | meet the criteria in paragraphs (a)-(c). The department shall |
| 456 | give highest priority for services provided under this section |
| 457 | to the following in rank order: |
| 458 | (a) Adults who are adjudicated incompetent to proceed or |
| 459 | not guilty by reason of insanity under chapter 916, who have |
| 460 | been ordered by the court into forensic commitment, whose |
| 461 | current most serious charge is a third degree or nonviolent |
| 462 | second degree felony, and who meet public safety criteria |
| 463 | established by the court and treatability criteria established |
| 464 | by the department for placement in a community setting. |
| 465 | (b) Adults who are released or pending release into the |
| 466 | community by the courts after completing competency restoration |
| 467 | services at a state forensic mental health treatment facility. |
| 468 | (c) Adults who experience serious and persistent mental |
| 469 | illnesses who are at risk of entering or who are already |
| 470 | involved with the criminal justice system as evidenced by their |
| 471 | frequency of contact with the system. |
| 472 | (7) DEPARTMENT RESPONSIBILITIES.--The department shall |
| 473 | develop a continuum of services to implement the community |
| 474 | mental health and substance abuse forensic treatment system in |
| 475 | accordance with subsection (5). The department shall: |
| 476 | (a) Establish standards for all providers, including, but |
| 477 | not limited to, community-based providers that administer |
| 478 | competency restoration services in a community residential |
| 479 | facility or a less restrictive setting. |
| 480 | (b) Define requirements for all providers in the forensic |
| 481 | system and set ongoing performance expectations. |
| 482 | (c) Select demonstration sites for participation based on |
| 483 | the criteria in subsection (8) that demonstrate active and |
| 484 | sustained participation in and collaboration with the community. |
| 485 | (d) Enter into memorandums of agreement with county |
| 486 | planning councils or committees identified in s. 394.657 that |
| 487 | are included in the demonstration sites. |
| 488 | (e) Identify providers to implement the continuum of |
| 489 | services. The department shall consult with county planning |
| 490 | councils or committees when selecting providers. |
| 491 | (f) Enter into contracts with appropriate providers. |
| 492 | (g) Establish performance measures and reporting |
| 493 | requirements for providers participating in the forensic system. |
| 494 | The measures shall include, at a minimum: |
| 495 | 1. Number of individuals diverted from state forensic |
| 496 | facilities; |
| 497 | 2. Number of individuals diverted from the criminal |
| 498 | justice system; |
| 499 | 3. Rates of arrest, incarceration, and recidivism for new |
| 500 | criminal offenses; |
| 501 | 4. Rates of employment; |
| 502 | 5. Number of days in jails, prisons, and forensic |
| 503 | facilities on an annual basis; and |
| 504 | 6. Satisfaction of key community stakeholder participants |
| 505 | and local partners with the initiative, including, at a minimum, |
| 506 | input from individuals who have received services under this |
| 507 | section and family members of individuals receiving services |
| 508 | under this section, county planning councils or committees, and |
| 509 | participating providers. |
| 510 | (h) Monitor contracts for compliance with terms and, at |
| 511 | least annually, to the extent possible, perform joint onsite |
| 512 | monitoring with the agency, the Substance Abuse and Mental |
| 513 | Health Corporation, and the Criminal Justice, Mental Health, and |
| 514 | Substance Abuse Technical Assistance Center established under s. |
| 515 | 394.659 to assess performance as evidenced by the quality, |
| 516 | efficiency, and effectiveness of the care provided. |
| 517 | (8) DEMONSTRATION SITES.--The department in consultation |
| 518 | with the agency shall identify up to three geographic areas of |
| 519 | the state for initial implementation of this section. |
| 520 | (a) In at least one area, the department shall establish a |
| 521 | single point of accountability for the forensic system and, if |
| 522 | feasible, contract with a managing entity as defined in s. |
| 523 | 394.9082 to provide operational oversight of subcontractors and |
| 524 | daily operations. When feasible, payment for these services |
| 525 | shall be based on a prepaid capitation rate. |
| 526 | (b) All areas shall be selected based on a determination |
| 527 | of community readiness and the potential for impacting the |
| 528 | greatest number of individuals entering the forensic mental |
| 529 | health and criminal justice systems. Criteria for selection may |
| 530 | include: |
| 531 | 1. Community readiness to deliver services as outlined in |
| 532 | subsection (5) and demonstrated by well-established community |
| 533 | collaboration plans and local partnerships as evidenced by |
| 534 | memorandums of agreement that are submitted to and approved by |
| 535 | the department; |
| 536 | 2. A high forensic bed utilization rate in the state |
| 537 | mental health treatment facilities; |
| 538 | 3. Successful application for implementation grant funding |
| 539 | under s. 394.656, the Criminal Justice, Mental Health, and |
| 540 | Substance Abuse Reinvestment Grant Program; and |
| 541 | 4. Other elements determined by the department in |
| 542 | consultation with the agency. |
| 543 | (9) RULEMAKING AUTHORITY.--The department shall adopt |
| 544 | rules to implement the Community Mental Health and Substance |
| 545 | Abuse Treatment and Crime Reduction Act. |
| 546 | Section 10. Subsection (26) is added to section 409.906, |
| 547 | Florida Statutes, to read: |
| 548 | 409.906 Optional Medicaid services.--Subject to specific |
| 549 | appropriations, the agency may make payments for services which |
| 550 | are optional to the state under Title XIX of the Social Security |
| 551 | Act and are furnished by Medicaid providers to recipients who |
| 552 | are determined to be eligible on the dates on which the services |
| 553 | were provided. Any optional service that is provided shall be |
| 554 | provided only when medically necessary and in accordance with |
| 555 | state and federal law. Optional services rendered by providers |
| 556 | in mobile units to Medicaid recipients may be restricted or |
| 557 | prohibited by the agency. Nothing in this section shall be |
| 558 | construed to prevent or limit the agency from adjusting fees, |
| 559 | reimbursement rates, lengths of stay, number of visits, or |
| 560 | number of services, or making any other adjustments necessary to |
| 561 | comply with the availability of moneys and any limitations or |
| 562 | directions provided for in the General Appropriations Act or |
| 563 | chapter 216. If necessary to safeguard the state's systems of |
| 564 | providing services to elderly and disabled persons and subject |
| 565 | to the notice and review provisions of s. 216.177, the Governor |
| 566 | may direct the Agency for Health Care Administration to amend |
| 567 | the Medicaid state plan to delete the optional Medicaid service |
| 568 | known as "Intermediate Care Facilities for the Developmentally |
| 569 | Disabled." Optional services may include: |
| 570 | (26) HOME AND COMMUNITY-BASED MENTAL HEALTH SERVICES.--The |
| 571 | agency is authorized to seek federal approval through a state |
| 572 | plan amendment to implement home and community-based services |
| 573 | under the authority of and in compliance with s. 1915(i) of the |
| 574 | Social Security Act for services for individuals who have been |
| 575 | determined by an independent evaluation to have disabilities |
| 576 | that cause them to become, or put them at risk of becoming, |
| 577 | involved with the criminal justice system due to mental illness. |
| 578 | In accordance with allowances under the authority of s. 1915(i) |
| 579 | of the Social Security Act, these services may be limited to a |
| 580 | select number of eligible individuals, in select geographic |
| 581 | areas as identified by the agency. An eligible individual may |
| 582 | have an income of up to 150 percent of the federal poverty |
| 583 | level. The agency shall coordinate with the department to select |
| 584 | and define the services to be submitted in the state plan |
| 585 | amendment and provided under this subsection. The agency must |
| 586 | receive approval from the Legislature or the Legislative Budget |
| 587 | Commission before implementing the state plan amendment. |
| 588 | Section 11. Subsection (1) of section 553.80, Florida |
| 589 | Statutes, is amended to read: |
| 590 | 553.80 Enforcement.-- |
| 591 | (1) Except as provided in paragraphs (a)-(g) (a)-(f), each |
| 592 | local government and each legally constituted enforcement |
| 593 | district with statutory authority shall regulate building |
| 594 | construction and, where authorized in the state agency's |
| 595 | enabling legislation, each state agency shall enforce the |
| 596 | Florida Building Code required by this part on all public or |
| 597 | private buildings, structures, and facilities, unless such |
| 598 | responsibility has been delegated to another unit of government |
| 599 | pursuant to s. 553.79(9). |
| 600 | (a) Construction regulations relating to correctional |
| 601 | facilities under the jurisdiction of the Department of |
| 602 | Corrections and the Department of Juvenile Justice shall are to |
| 603 | be enforced exclusively by those departments. |
| 604 | (b) Construction regulations relating to elevator |
| 605 | equipment under the jurisdiction of the Bureau of Elevators of |
| 606 | the Department of Business and Professional Regulation shall be |
| 607 | enforced exclusively by that department. |
| 608 | (c) Construction regulations relating to secure mental |
| 609 | health treatment facilities under the jurisdiction of the |
| 610 | Department of Children and Family Services shall be enforced |
| 611 | exclusively by that department. |
| 612 | (d)(c) In addition to the requirements of s. 553.79 and |
| 613 | this section, facilities subject to the provisions of chapter |
| 614 | 395 and part II of chapter 400 shall have facility plans |
| 615 | reviewed and construction surveyed by the state agency |
| 616 | authorized to do so under the requirements of chapter 395 and |
| 617 | part II of chapter 400 and the certification requirements of the |
| 618 | Federal Government. |
| 619 | (e)(d) Building plans approved under s. 553.77(3) and |
| 620 | state-approved manufactured buildings, including buildings |
| 621 | manufactured and assembled offsite and not intended for |
| 622 | habitation, such as lawn storage buildings and storage sheds, |
| 623 | are exempt from local code enforcing agency plan reviews except |
| 624 | for provisions of the code relating to erection, assembly, or |
| 625 | construction at the site. Erection, assembly, and construction |
| 626 | at the site are subject to local permitting and inspections. |
| 627 | Lawn storage buildings and storage sheds bearing the insignia of |
| 628 | approval of the department are not subject to s. 553.842. Such |
| 629 | buildings that do not exceed 400 square feet may be delivered |
| 630 | and installed without need of a contractor's or specialty |
| 631 | license. |
| 632 | (f)(e) Construction regulations governing public schools, |
| 633 | state universities, and community colleges shall be enforced as |
| 634 | provided in subsection (6). |
| 635 | (g)(f) The Florida Building Code as it pertains to toll |
| 636 | collection facilities under the jurisdiction of the turnpike |
| 637 | enterprise of the Department of Transportation shall be enforced |
| 638 | exclusively by the turnpike enterprise. |
| 639 |
|
| 640 | The governing bodies of local governments may provide a schedule |
| 641 | of fees, as authorized by s. 125.56(2) or s. 166.222 and this |
| 642 | section, for the enforcement of the provisions of this part. |
| 643 | Such fees shall be used solely for carrying out the local |
| 644 | government's responsibilities in enforcing the Florida Building |
| 645 | Code. The authority of state enforcing agencies to set fees for |
| 646 | enforcement shall be derived from authority existing on July 1, |
| 647 | 1998. However, nothing contained in this subsection shall |
| 648 | operate to limit such agencies from adjusting their fee schedule |
| 649 | in conformance with existing authority. |
| 650 | Section 12. Section 916.111, Florida Statutes, is amended |
| 651 | to read: |
| 652 | 916.111 Training of mental health experts.--The evaluation |
| 653 | of defendants for competency to proceed or for sanity at the |
| 654 | time of the commission of the offense shall be conducted in such |
| 655 | a way as to ensure uniform application of the criteria |
| 656 | enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal |
| 657 | Procedure. |
| 658 | (1) A forensic evaluator training course approved by the |
| 659 | department must be offered at least annually to ensure that |
| 660 | mental health experts have the opportunity to qualify to be |
| 661 | placed on the department's forensic evaluator registry. |
| 662 | (a) Beginning July 1, 2009, an expert shall remain on the |
| 663 | registry if he or she has completed or retaken the required |
| 664 | training within the previous 5 years. Those who have not |
| 665 | completed the required training within the previous 5 years |
| 666 | shall be removed from the registry and may not conduct |
| 667 | evaluations for the courts. |
| 668 | (b) A mental health professional who has completed the |
| 669 | training course within the previous 5 years is responsible for |
| 670 | maintaining documentation of completion of the required training |
| 671 | and providing the department with current contact information |
| 672 | during the 5-year period. |
| 673 | (2) The department shall develop, and may contract with |
| 674 | accredited institutions: |
| 675 | (a)(1) To provide: |
| 676 | 1.(a) A plan for training mental health professionals to |
| 677 | perform forensic evaluations and to standardize the criteria and |
| 678 | procedures to be used in these evaluations; |
| 679 | 2.(b) Clinical protocols and procedures based upon the |
| 680 | criteria of Rules 3.210 and 3.216, Florida Rules of Criminal |
| 681 | Procedure; and |
| 682 | 3.(c) Training for mental health professionals in the |
| 683 | application of these protocols and procedures in performing |
| 684 | forensic evaluations and providing reports to the courts; and |
| 685 | (b)(2) To compile and maintain the necessary information |
| 686 | for evaluating the success of this program, including the number |
| 687 | of persons trained, the cost of operating the program, and the |
| 688 | effect on the quality of forensic evaluations as measured by |
| 689 | appropriateness of admissions to state forensic facilities and |
| 690 | to community-based care programs. |
| 691 | Section 13. Subsection (1) of section 916.115, Florida |
| 692 | Statutes, is amended to read: |
| 693 | 916.115 Appointment of experts.-- |
| 694 | (1) The court shall appoint no more than three experts to |
| 695 | determine the mental condition of a defendant in a criminal |
| 696 | case, including competency to proceed, insanity, involuntary |
| 697 | placement, and treatment. The experts may evaluate the defendant |
| 698 | in jail or in another appropriate local facility or in a |
| 699 | facility of the Department of Corrections. |
| 700 | (a) To the extent possible, the Appointed experts must |
| 701 | shall have completed forensic evaluator training as provided in |
| 702 | s. 916.111 approved by the department, and each shall be a |
| 703 | psychiatrist, licensed psychologist, or physician. |
| 704 | (b) Graduate students completing a practicum or |
| 705 | internship, psychological specialists or counselors, and |
| 706 | postdoctoral fellows at the state's mental health treatment |
| 707 | facilities may assist in the evaluation process as long as their |
| 708 | reports are overseen and signed by a supervising evaluator who |
| 709 | has completed forensic evaluator training within the previous 5 |
| 710 | years. |
| 711 | (c)(b) The department shall maintain and annually provide |
| 712 | the courts with a forensic evaluator registry list of available |
| 713 | mental health professionals who have completed the approved |
| 714 | training as experts. |
| 715 | Section 14. Section 916.13, Florida Statutes, is amended |
| 716 | to read: |
| 717 | 916.13 Involuntary commitment of defendant adjudicated |
| 718 | incompetent.-- |
| 719 | (1) Every defendant who is charged with a felony and who |
| 720 | is adjudicated incompetent to proceed, except a defendant who is |
| 721 | serving a sentence in the custody of the Department of |
| 722 | Corrections, may be involuntarily committed for treatment upon a |
| 723 | finding by the court of clear and convincing evidence that: |
| 724 | (a) The defendant has a mental illness and because of the |
| 725 | mental illness: |
| 726 | 1. The defendant is manifestly incapable of surviving |
| 727 | alone or with the help of willing and responsible family or |
| 728 | friends, including available alternative services, and, without |
| 729 | treatment, the defendant is likely to suffer from neglect or |
| 730 | refuse to care for herself or himself and such neglect or |
| 731 | refusal poses a real and present threat of substantial harm to |
| 732 | the defendant's well-being; or |
| 733 | 2. There is a substantial likelihood that in the near |
| 734 | future the defendant will inflict serious bodily harm on herself |
| 735 | or himself or another person, as evidenced by recent behavior |
| 736 | causing, attempting, or threatening such harm; |
| 737 | (b) All available, less restrictive treatment |
| 738 | alternatives, including treatment in community residential |
| 739 | facilities or community inpatient or outpatient settings, which |
| 740 | would offer an opportunity for improvement of the defendant's |
| 741 | condition have been judged to be inappropriate; and |
| 742 | (c) There is a substantial probability that the mental |
| 743 | illness causing the defendant's incompetence will respond to |
| 744 | treatment and the defendant will regain competency to proceed in |
| 745 | the reasonably foreseeable future. |
| 746 | (2)(a) A defendant who has been charged with a felony and |
| 747 | who has been adjudicated incompetent to proceed due to mental |
| 748 | illness, and who meets the criteria for involuntary commitment |
| 749 | to the department under the provisions of this chapter, may be |
| 750 | committed to the department, and the department shall retain and |
| 751 | treat the defendant. No later than 6 months after the date of |
| 752 | admission and at the end of any period of extended commitment, |
| 753 | or at any time the administrator or designee shall have |
| 754 | determined that the defendant has regained competency to proceed |
| 755 | or no longer meets the criteria for continued commitment, the |
| 756 | administrator or designee shall file a report with the court |
| 757 | pursuant to the applicable Florida Rules of Criminal Procedure. |
| 758 | (b) A defendant who is serving a sentence in the custody |
| 759 | of the Department of Corrections and who has been charged with a |
| 760 | new felony, or a defendant who is entitled to a mandatory appeal |
| 761 | pursuant to Rule 3.851, Florida Rules of Criminal Procedure, and |
| 762 | who has been adjudicated incompetent to proceed due to mental |
| 763 | illness shall be retained in the physical custody of the |
| 764 | Department of Corrections, which shall administer a lesson plan |
| 765 | for competency restoration training provided by the department. |
| 766 | No later than 6 months after the date on which the lesson plan |
| 767 | for competency restoration training is provided, and every 12 |
| 768 | months thereafter, or at any time the department has determined |
| 769 | that the defendant has regained competency to proceed, the |
| 770 | department shall file a report with the court pursuant to the |
| 771 | applicable Florida Rules of Criminal Procedure. |
| 772 | (3) Whether housed in a department facility or a |
| 773 | Department of Corrections facility, within 15 days after the |
| 774 | court receives notification from the department that the |
| 775 | defendant is competent to proceed or no longer meets the |
| 776 | criteria for continued commitment, the defendant shall be |
| 777 | transported back to jail pursuant to s. 916.107(10) for the |
| 778 | purpose of holding a competency hearing. |
| 779 | (4) A competency hearing shall be held within 30 days |
| 780 | after a court receives notice from the department that a |
| 781 | defendant is competent to proceed. |
| 782 | Section 15. Section 916.15, Florida Statutes, is amended |
| 783 | to read: |
| 784 | 916.15 Involuntary commitment of defendant adjudicated not |
| 785 | guilty by reason of insanity.-- |
| 786 | (1) The determination of whether a defendant is not guilty |
| 787 | by reason of insanity shall be determined in accordance with |
| 788 | Rule 3.217, Florida Rules of Criminal Procedure. |
| 789 | (2) A defendant who is acquitted of criminal charges |
| 790 | because of a finding of not guilty by reason of insanity, except |
| 791 | a defendant who is serving a sentence in the custody of the |
| 792 | Department of Corrections, may be involuntarily committed |
| 793 | pursuant to such finding if the defendant has a mental illness |
| 794 | and, because of the illness, is manifestly dangerous to himself |
| 795 | or herself or others. |
| 796 | (3) Every defendant acquitted of criminal charges by |
| 797 | reason of insanity and found to meet the criteria for |
| 798 | involuntary commitment, except a defendant who is serving a |
| 799 | sentence in the custody of the Department of Corrections, may be |
| 800 | committed to the department and treated in accordance with the |
| 801 | provisions of this section and the applicable Florida Rules of |
| 802 | Criminal Procedure. The department shall admit a defendant so |
| 803 | adjudicated to an appropriate facility or program for treatment |
| 804 | and shall retain and treat such defendant. |
| 805 | (a) No later than 6 months after the date of admission, |
| 806 | prior to the end of any period of extended commitment, or at any |
| 807 | time the administrator or designee shall have determined that |
| 808 | the defendant no longer meets the criteria for continued |
| 809 | commitment placement, the administrator or designee shall file a |
| 810 | report with the court pursuant to the applicable Florida Rules |
| 811 | of Criminal Procedure. |
| 812 | (b) Whether housed in a department facility or a |
| 813 | Department of Corrections facility, within 15 days after the |
| 814 | court receives notification from the department that the |
| 815 | defendant no longer meets the criteria for continued commitment, |
| 816 | the defendant shall be transported back to jail pursuant to s. |
| 817 | 916.107(10) for the purpose of holding a competency hearing. |
| 818 | (c) A commitment hearing shall be held within 30 days |
| 819 | after the court receives notification from the department that a |
| 820 | defendant no longer meets the criteria for continued commitment |
| 821 | placement. |
| 822 | (4) A defendant who is serving a sentence in the custody |
| 823 | of the Department of Corrections and who has been charged with a |
| 824 | new felony and has been adjudicated not guilty by reason of |
| 825 | insanity shall be retained in the physical custody of the |
| 826 | Department of Corrections for the remainder of the defendant's |
| 827 | sentence. No later than 30 days prior to the anticipated release |
| 828 | date, the department shall evaluate the defendant and file a |
| 829 | report with the court requesting that the defendant be returned |
| 830 | to the court's jurisdiction to determine if the defendant |
| 831 | continues to meet the criteria for continued commitment |
| 832 | placement. |
| 833 | (5)(4) In all proceedings under this section, both the |
| 834 | defendant and the state shall have the right to a hearing before |
| 835 | the committing court. Evidence at such hearing may be presented |
| 836 | by the hospital administrator or the administrator's designee as |
| 837 | well as by the state and the defendant. The defendant shall have |
| 838 | the right to counsel at any such hearing. In the event that a |
| 839 | defendant is determined to be indigent pursuant to s. 27.52, the |
| 840 | public defender shall represent the defendant. The parties shall |
| 841 | have access to the defendant's records at the treating |
| 842 | facilities and may interview or depose personnel who have had |
| 843 | contact with the defendant at the treating facilities. |
| 844 | Section 16. Subsections (2) and (3) of section 916.17, |
| 845 | Florida Statutes, are renumbered as subsections (3) and (4), |
| 846 | respectively, and a new subsection (2) is added to that section |
| 847 | to read: |
| 848 | 916.17 Conditional release.-- |
| 849 | (2) A defendant who otherwise meets the criteria for |
| 850 | involuntary commitment under s. 916.13 but whose current most |
| 851 | serious charge is a third degree or nonviolent second degree |
| 852 | felony must be placed in a community residential facility for |
| 853 | competency restoration in demonstration areas established under |
| 854 | the Community Mental Health and Substance Abuse Treatment and |
| 855 | Crime Reduction Act in s. 394.9086, unless bed space or funding |
| 856 | is unavailable for the community placement or the trial court |
| 857 | makes an explicit finding that the defendant cannot be safely |
| 858 | managed in such a placement. In making the determination under |
| 859 | this subsection, the court shall consider all of the following: |
| 860 | (a) The nature and seriousness of the crime or crimes |
| 861 | allegedly committed. |
| 862 | (b) The individual's criminal history. |
| 863 | (c) The individual's psychiatric history. |
| 864 | (d) The individual's history of violent behavior or |
| 865 | threats of violent behavior and risk of harm to self or others. |
| 866 | (e) The likelihood that the individual will comply with |
| 867 | and benefit from the mental health treatment and services being |
| 868 | recommended. |
| 869 | (f) Availability of appropriate community-based services |
| 870 | and treatment settings. |
| 871 | (g) Other information considered relevant by the court. |
| 872 | Section 17. This act shall take effect July 1, 2008. |