Florida Senate - 2009                             CS for SB 1180
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Wise
       
       
       
       586-03453-09                                          20091180c1
    1                        A bill to be entitled                      
    2         An act relating to forensic mental health policy;
    3         providing for the creation of a workgroup to review
    4         state policy and budgeting issues affecting adults
    5         with serious mental illness who also have involvement
    6         with the state criminal justice system; providing for
    7         administrative oversight and assistance; providing for
    8         membership, organization, and meetings; specifying
    9         that members serve without compensation, but are
   10         reimbursed for expenses; providing for certain
   11         workgroup expenses; specifying components of the
   12         review; authorizing use of outside research
   13         organizations; providing for interim and final
   14         reports; providing for future termination of the
   15         workgroup and expiration of the provisions creating
   16         it; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. (1)There is created a workgroup to review state
   21  policy and budgeting issues affecting adults with serious mental
   22  illness who also have involvement with the state criminal
   23  justice system. The Secretary of Children and Family Services,
   24  in conjunction with the Secretary of Corrections and the
   25  Secretary of Health Care Administration, shall oversee and
   26  provide staff and other administrative assistance to the
   27  workgroup using funds appropriated under the American Recovery
   28  and Reinvestment Act of 2009.
   29         (2)The workgroup shall consist of the following members:
   30         (a)One member from the Substance Abuse and Mental Health
   31  Corporation.
   32         (b)One member appointed by Florida Legal Services, Inc.
   33         (c)One member appointed by the Florida Psychiatric
   34  Society.
   35         (d)One member appointed by the Correctional Medical
   36  Authority.
   37         (e)One member appointed by the Florida Prosecuting
   38  Attorneys Association.
   39         (f)One member appointed by the Florida Public Defender
   40  Association.
   41         (g)One member appointed by the Florida Association of
   42  Court Clerks.
   43         (h)One member appointed by the Florida Assisted Living
   44  Affiliation.
   45         (i)One member appointed by the Florida Council for
   46  Community Mental Health.
   47         (j)One member appointed by the Department of Children and
   48  Family Services.
   49         (k)One member appointed by the Agency for Health Care
   50  Administration.
   51         (l)One member appointed by the Department of Corrections.
   52         (m)One member appointed by the Florida Sheriffs
   53  Association.
   54         (n)One member appointed by the Florida Police Benevolent
   55  Association.
   56         (o)One member appointed by the Florida chapter of the
   57  National Alliance for the Mentally Ill.
   58         (p)One member appointed by the Florida Hospital
   59  Association representing private receiving facilities.
   60         (q)One member appointed by the Florida Psychological
   61  Association.
   62         (r)One member appointed by the President of the Senate.
   63         (s)One member appointed by the Speaker of the House of
   64  Representatives.
   65         (t)One member appointed by the Governor.
   66         (3)(a)Members of the workgroup shall serve without
   67  compensation for such service. However, each member is entitled
   68  to reimbursement for per diem and travel expenses as provided in
   69  s. 112.061, Florida Statutes.
   70         (b)Expenses of the workgroup, other than member travel
   71  expenses, shall be paid from funds appropriated to the
   72  Department of Children and Family Services, the Department of
   73  Corrections, and the Agency for Health Care Administration.
   74         (c)Each meeting of the workgroup shall be held in
   75  Tallahassee at the offices of the Department of Children and
   76  Family Services. The workgroup shall meet four times per year
   77  and may use electronic means of communication, which may
   78  include, but are not limited to, conference calls, webinars, and
   79  video conferencing.
   80         (4)(a)The workgroup shall organize and conduct its
   81  meetings in accordance with Robert’s Rules of Order.
   82         (b)The workgroup is authorized to request the Louis de la
   83  Parte Florida Mental Health Institute at the University of South
   84  Florida to conduct research or analysis of data projects
   85  identified by the chair and the members, within existing
   86  contractual agreements with the Department of Children and
   87  Family Services.
   88         (5)The review conducted by the workgroup under this
   89  section shall include:
   90         (a)The identification of all state funds being expended on
   91  the care of adults with mental illnesses who have legal
   92  involvement with state and county courts, including funds
   93  expended on care in any correctional facility and funds expended
   94  on medication, courts, attorneys, state institutions, contracts
   95  with private institutions, community-based programs, Medicaid
   96  services, state-funded substance abuse services, state-funded
   97  mental health services, and managed care plans.
   98         (b)A detailed examination of community-based service
   99  delivery systems, including utilization issues, housing issues,
  100  psychiatric emergency crisis response outcomes, effective
  101  practices, and programs directed toward individuals who are at
  102  risk for court or legal involvement.
  103         (c)A detailed review of data, utilization, and cost
  104  analysis for individuals who are involved with the county
  105  courts, state courts, state prisons, and state and private
  106  institutions, have been charged with misdemeanors or felonies,
  107  and have a diagnosis of serious and persistent mental illness.
  108         (d)A detailed review of utilization data and costs for
  109  individuals who have traumatic brain injuries, have involvement
  110  with state courts, state prisons, county courts, or county
  111  jails, and have involvement with state-funded substance abuse
  112  and mental health services.
  113         (e)A review of the role and costs of early discharge and
  114  inappropriate placement on the use of state prisons and county
  115  jails from public crisis-stabilization units, community
  116  inpatient psychiatric hospitals, and state and private
  117  institutions that care for persons with serious and persistent
  118  mental illness.
  119         (f)A review of the criminal code, including penalties and
  120  sentencing guidelines, and other laws pertaining to the forensic
  121  mentally ill in order to assess where changes could be made to
  122  protect public safety while ensuring that the needs of the
  123  mentally ill are met in a cost-effective manner, with a goal to
  124  create a plan that will reduce reliance on state prisons and
  125  county jails.
  126         (g)The identification of programs, practices, and
  127  innovative solutions emerging in the state which would reduce
  128  the need for incarceration, improve cost-effectiveness, and help
  129  reduce the impact on the state budget and improve public safety.
  130         (h)A process for requesting and reviewing innovative
  131  proposals that would help the state optimize the use of state
  132  funding by examining the use of special pilot projects, mental
  133  health courts, changes in emergency psychiatric care, new
  134  approaches to law enforcement practices and court diversion
  135  programs, and the use of modified sentencing or waivers relative
  136  to the criminal code.
  137         (i)The development, in conjunction with the Agency for
  138  Health Care Administration, of a proposal for legislative
  139  consideration which would establish an innovative Medicaid
  140  waiver that would help support stable housing and services for
  141  those individuals defined as at risk of court-related
  142  involvement. For the purposes of this subsection, the term “at
  143  risk of court-related involvement” means a person who has been
  144  charged with a misdemeanor or felony and diagnosed with a
  145  serious and persistent mental illness.
  146         (j)A review of the impact of substance abuse on the system
  147  and methods to create integration and the use of Medicaid
  148  waivers, such as the Medicaid 1915c Home and Community-Based
  149  Waiver, to provide a more integrated approach to treating
  150  substance abuse in the community.
  151         (k)The use of the involuntary outpatient commitment
  152  requirements under the Baker Act and the need for changes to
  153  those requirements which would help reduce or mitigate the
  154  potential for court involvement in this process. This review
  155  shall include the use of the Florida Medication Algorithm
  156  Project and its implications for improved outcomes relative to
  157  individuals at risk of court-related involvement.
  158         (l)A review of the current status of the use of electronic
  159  medical records, the need for broader use of electronic medical
  160  records for individuals at risk of court involvement, and the
  161  fiscal impact in terms of the savings that this type of client
  162  information system would have on reducing state expenditures and
  163  improving access to care for those considered most at risk. The
  164  workgroup may request experts in the field to make presentations
  165  and respond to questions. The workgroup shall make
  166  recommendations as provided in subsection (7).
  167         (m)A review and comparison of the practices and standards
  168  used in correctional facilities in providing mental health care
  169  for individuals who are incarcerated in county jails, state
  170  prisons, or state or private state mental health forensic
  171  institutions.
  172         (n)The consideration of plans and recommendations
  173  concerning appropriate methods of diverting mentally ill inmates
  174  to less restrictive and less expensive alternatives using
  175  conditional release or probation.
  176         (o)A review of probation and parole requirements for
  177  recommended modifications in order to assist with improving
  178  community placement and community control for persons with
  179  serious and persistent mental illnesses who are eligible for
  180  probation. This shall include a review of rules and policies and
  181  recommendations.
  182         (p)A review of practices associated with the discharge of
  183  individuals with a serious mental illness from the Department of
  184  Corrections and from state-operated and state-funded forensic
  185  mental health institutions for compliance with interagency
  186  agreements regarding placement in the community, recidivism to a
  187  jail or institutional setting, and utilization of hospital
  188  emergency rooms, involuntary commitment services, and crisis
  189  stabilization units.
  190         (6)The Department of Children and Family Services, the
  191  Department of Corrections, and the Agency for Health Care
  192  Administration may use outside research organizations to help
  193  collect information for the workgroup to use in assessing the
  194  factors contributing to the rise in the numbers of adults with
  195  serious mental illness in the criminal justice system.
  196         (7)The workgroup shall make recommendations in its interim
  197  and final reports regarding proposed changes to the state penal
  198  code, sentencing guidelines, state mental health policy, and
  199  related strategies which would improve public safety through
  200  better integration of behavioral health care at all levels of
  201  the criminal justice system, with a goal of reducing reliance on
  202  county jails and state prisons. The workgroup shall submit an
  203  interim report with findings and recommendations to the
  204  President of the Senate, the Speaker of the House of
  205  Representatives, and the Governor no later than January 5, 2010,
  206  and its final report with recommendations and findings by
  207  January 5, 2011.
  208         (8)The workgroup terminates and this section expires July
  209  1, 2011.
  210         Section 2. This act shall take effect July 1, 2009.