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.