Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1180
       
       
       
       
       
       
                                Barcode 689750                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2009           .                                
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       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.