Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 1180 Barcode 689750 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/25/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Wise) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 6 Section 1. (1) There is created a workgroup to review state 7 policy and budgeting issues affecting adults with serious mental 8 illness who also have involvement with the state criminal 9 justice system. The Secretary of Children and Family Services, 10 in conjunction with the Secretary of Corrections and the 11 Secretary of Health Care Administration ,shall oversee and 12 provide staff and other administrative assistance to the 13 workgroup using funds appropriated under the American Recovery 14 and Reinvestment Act of 2009. 15 (2) The workgroup shall consist of the following 16 members:(a) One member from the Substance Abuse and Mental 17 Health Corporation. 18 (b) One member appointed by Florida Legal Services, Inc. 19 (c) One member appointed by the Florida Psychiatric 20 Society. 21 (d) One member appointed by the Correctional Medical 22 Authority. 23 (e) One member appointed by the Florida Prosecuting 24 Attorneys Association. 25 (f) One member appointed by the Florida Public Defender 26 Association. 27 (g) One member appointed by the Florida Association of 28 Court Clerks. 29 (h) One member appointed by the Florida Assisted Living 30 Affiliation. 31 (i) One member appointed by the Florida Council for 32 Community Mental Health. 33 (j) One member appointed by the Department of Children and 34 Family Services. 35 (k) One member appointed by the Agency for Health Care 36 Administration. 37 (l) One member appointed by the Department of Corrections. 38 (m) One member appointed by the Florida Sheriffs 39 Association. 40 (n) One member appointed by the Florida Police Benevolent 41 Association. 42 (o) One member appointed by the Florida chapter of the 43 National Alliance for the Mentally Ill. 44 (p) One member appointed by the Florida Hospital 45 Association representing private receiving facilities. 46 (q) One member appointed by the Florida Psychological 47 Association. 48 (r) One member appointed by the President of the Senate. 49 (s) One member appointed by the Speaker of the House of 50 Representatives. 51 (t) One member appointed by the Governor. 52 (3)(a) Members of the workgroup shall serve without 53 compensation for such service. However, each member is entitled 54 to reimbursement for per diem and travel expenses as provided in 55 s. 112.061, Florida Statutes. 56 (b) Expenses of the workgroup, other than member travel 57 expenses, shall be paid from funds appropriated to the 58 Department of Children and Family Services, the Department of 59 Corrections, and the Agency for Health Care Administration. 60 (c) Each meeting of the workgroup shall be held in 61 Tallahassee at the offices of the Department of Children and 62 Family Services. The workgroup shall meet four times per year 63 and may use electronic means of communication, which may 64 include, but are not limited to, conference calls, webinars, and 65 video conferencing. 66 (4)(a) The workgroup shall organize and conduct its 67 meetings in accordance with Robert’s Rules of Order. 68 (b) The workgroup is authorized to request the Louis de la 69 Parte Florida Mental Health Institute at the University of South 70 Florida to conduct research or analysis of data projects 71 identified by the chair and the members, within existing 72 contractual agreements with the department of Children and 73 Family Services. 74 (5) The review conducted by the workgroup under this 75 section shall include: 76 (a) The identification of all state funds being expended on 77 the care of adults with mental illnesses who have legal 78 involvement with state and county courts, including funds 79 expended on care in any correctional facility and funds expended 80 on medication, courts, attorneys, state institutions, contracts 81 with private institutions, community-based programs, Medicaid 82 services, state-funded substance abuse services, state-funded 83 mental health services, and managed care plans. 84 (b) A detailed examination of community-based service 85 delivery systems, including utilization issues, housing issues, 86 psychiatric emergency crisis response outcomes, effective 87 practices, and programs targeting individuals at risk for court 88 or legal involvement. 89 (c) A detailed review of data, utilization, and cost 90 analysis for individuals involved with the county courts, state 91 courts, state prisons, and state and private institutions who 92 have been charged with misdemeanors or felonies and who have a 93 diagnosis of serious and persistent mental illness. 94 (d) A detailed review of utilization data and costs for 95 individuals with traumatic brain injuries who have involvement 96 with state courts, state prisons, county courts, or county jails 97 and who have involvement with state-funded substance abuse and 98 mental health services. 99 (e) A review of the role and costs of early discharge and 100 inappropriate placement on the use of state prisons and county 101 jails from public crisis stabilization units, community 102 inpatient psychiatric hospitals, and state and private 103 institutions that care for persons with serious and persistent 104 mental illness. 105 (f) A review of the criminal code, including penalties and 106 sentencing guidelines, and other laws pertaining to the forensic 107 mentally ill to assess where changes could be made to protect 108 public safety while ensuring that the needs of the mentally ill 109 are met in a cost-effective manner, with a goal to create a plan 110 that will reduce reliance on state prisons and county jails. 111 (g) The identification of programs, practices, and 112 innovative solutions emerging in the state that would reduce the 113 need for incarceration, improve cost-effectiveness, and help 114 reduce the impact on the state budget and improve public safety. 115 (h) A process for requesting and reviewing innovative 116 proposals that would help the state optimize the use of state 117 funding by examining the use of special pilot projects, mental 118 health courts, changes in emergency psychiatric care, new 119 approaches to law enforcement practices and court diversion 120 programs, and the use of modified sentencing or waivers relative 121 to the criminal code. 122 (i) The development, in conjunction with the Agency for 123 Health Care Administration, of a proposal for legislative 124 consideration that would establish an innovative Medicaid waiver 125 that would help support stable housing and services for those 126 individuals defined as at risk of court-related involvement. For 127 the purposes of this subsection, the term “at risk of court 128 related involvement” means a person who has been charged with a 129 misdemeanor or felony and diagnosed with a serious and 130 persistent mental illness. 131 (j) A review of the impact of substance abuse on the system 132 and methods to create integration and the use of Medicaid 133 waivers like the Medicaid 1915c Home and Community-Based Waiver 134 to provide a more integrated approach to treating substance 135 abuse in the community. 136 (k) The use of the involuntary outpatient commitment 137 requirements under the Baker Act and the need for changes to 138 those requirements that would help reduce or mitigate the 139 potential for court involvement in this process. This review 140 shall include the use of the Florida Medication Algorithm 141 Project and its implications for improved outcomes relative to 142 individuals at risk of court-related involvement. 143 (l) A review of the current status of the use of electronic 144 medical records, the need for broader use of electronic medical 145 records for individuals at risk of court involvement, and the 146 fiscal impact in terms of the savings this type of client 147 information system would have on reducing state expenditures and 148 improving access to care for those considered most at risk. The 149 workgroup may request experts in the field to make presentation 150 and respond to questions. The workgroup shall make 151 recommendations in response as provided in subsection (7). 152 (m) A review and comparison of the practices and standards 153 used in correctional facilities in providing mental health care 154 for individuals who are incarcerated in county jails, state 155 prisons, or state or private state mental health forensic 156 institutions. 157 (n) The consideration of plans and recommendations 158 concerning appropriate methods of diverting mentally ill inmates 159 to less restrictive and less expensive alternatives using 160 conditional release or probation. 161 (o) A review of probation and parole requirements for 162 recommended modifications to assist with improving community 163 placement and community control for persons with serious and 164 persistent mental illnesses who are eligible for probation. This 165 shall include a review of rules and policies and 166 recommendations. 167 (p) A review of practices associated with the discharge of 168 individuals with a serious mental illness from the Department of 169 Corrections and from state-operated and state-funded forensic 170 mental health institutions for compliance with interagency 171 agreements regarding placement in the community, recidivism to a 172 jail or institutional setting, and utilization of hospital 173 emergency rooms, involuntary commitment services, and crisis 174 stabilization units. 175 (6) The Department of Children and Family Services, the 176 Department of Corrections, and the Agency for Health Care 177 Administration may use outside research organizations, to help 178 collect information for the workgroup to use in assessing the 179 factors contributing to the rise in the numbers of adults with 180 serious mental illness in the criminal justice system. 181 (7) The workgroup shall make recommendations in its interim 182 and final reports regarding proposed changes to the state penal 183 code, sentencing guidelines, state mental health policy, and 184 related strategies that would improve public safety through 185 better integration of behavioral health care at all levels of 186 the criminal justice system, with a goal of reducing reliance on 187 county jails and state prisons. The workgroup shall submit an 188 interim report with findings and recommendations to the 189 President of the Senate, the Speaker of the House of 190 Representatives, and the Governor no later than January 5, 2010, 191 and its final report with recommendations and findings by 192 January 5, 2011. 193 (8) The workgroup terminates and this section expires July 194 1, 2011. 195 Section 2. This act shall take effect July 1, 2009. 196 197 ================= T I T L E A M E N D M E N T ================ 198 And the title is amended as follows: 199 Delete everything before the enacting clause 200 and insert: 201 A bill to be entitled 202 An act relating to forensic mental health policy; 203 providing for creation of a workgroup to review state 204 policy and budgeting issues affecting adults with 205 serious mental illness who also have involvement with 206 the state criminal justice system; providing for 207 administrative oversight and assistance; providing for 208 membership, organization, and meetings; specifying 209 that members serve at their own expense; providing for 210 certain workgroup expenses; specifying components of 211 the review; authorizing use of outside research 212 organizations; providing for interim and final 213 reports; providing for future termination of the 214 workgroup and repeal of the provisions creating it; 215 providing an effective date.