Florida Senate - 2009                      CS for CS for SB 1180
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Children, Families, and Elder Affairs; and Senators Wise and
       Dockery
       
       
       585-05348-09                                          20091180c2
    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 and assistance; providing for
    8         membership, organization, and meetings; specifying
    9         that members serve without compensation, but are
   10         reimbursed for expenses; specifying components of the
   11         review; authorizing use of outside research
   12         organizations; providing for interim and final
   13         reports; providing for future termination of the
   14         workgroup and expiration of the provisions creating
   15         it; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. (1)There is created a workgroup to review state
   20  policy and budgeting issues affecting adults with serious mental
   21  illness who also have involvement with the state criminal
   22  justice system. The Secretary of Children and Family Services,
   23  in conjunction with the Secretary of Corrections and the
   24  Secretary of Health Care Administration, shall provide staff and
   25  other administrative assistance to the workgroup.
   26         (2)The workgroup shall consist of the following members:
   27         (a)One member from the Substance Abuse and Mental Health
   28  Corporation.
   29         (b)One member appointed by Florida Legal Services, Inc.
   30         (c)One member appointed by the Florida Psychiatric
   31  Society.
   32         (d)One member appointed by the Correctional Medical
   33  Authority.
   34         (e)One member appointed by the Florida Prosecuting
   35  Attorneys Association.
   36         (f)One member appointed by the Florida Public Defender
   37  Association.
   38         (g)One member appointed by the Florida Association of
   39  Court Clerks.
   40         (h)One member appointed by the Florida Assisted Living
   41  Affiliation.
   42         (i)One member appointed by the Florida Council for
   43  Community Mental Health.
   44         (j)One member appointed by the Department of Children and
   45  Family Services.
   46         (k)One member appointed by the Agency for Health Care
   47  Administration.
   48         (l)One member appointed by the Department of Corrections.
   49         (m)One member appointed by the Florida Sheriffs
   50  Association.
   51         (n)One member appointed by the Florida Police Benevolent
   52  Association.
   53         (o)One member appointed by the Florida chapter of the
   54  National Alliance for the Mentally Ill.
   55         (p)One member appointed by the Florida Hospital
   56  Association representing private receiving facilities.
   57         (q)One member appointed by the Florida Psychological
   58  Association.
   59         (r)One member appointed by the President of the Senate.
   60         (s)One member appointed by the Speaker of the House of
   61  Representatives.
   62         (t)One member appointed by the Governor.
   63         (3)Members of the workgroup shall serve without
   64  compensation for such service. However, each member is entitled
   65  to reimbursement from the member’s appointing entity for per
   66  diem and travel expenses as provided in s. 112.061, Florida
   67  Statutes.
   68         (4)Each meeting of the workgroup shall be held in
   69  Tallahassee at the offices of the Department of Children and
   70  Family Services. The workgroup shall meet four times per year
   71  and may use electronic means of communication, which may
   72  include, but are not limited to, conference calls, webinars, and
   73  video conferencing.
   74         (5)The workgroup shall organize and conduct its meetings
   75  in accordance with Robert’s Rules of Order.
   76         (6)The workgroup may request the Louis de la Parte Florida
   77  Mental Health Institute at the University of South Florida to
   78  conduct research or analysis of data projects identified by the
   79  chair and the members, within existing contractual agreements
   80  with the Department of Children and Family Services.
   81         (7)The review conducted by the workgroup under this
   82  section must include:
   83         (a)The identification of all state funds being expended on
   84  the care of adults with mental illnesses who have legal
   85  involvement with state and county courts, including funds
   86  expended on care in correctional facilities and funds expended
   87  on medication, courts, attorneys, state institutions, contracts
   88  with private institutions, community-based programs, Medicaid
   89  services, state-funded substance abuse services, state-funded
   90  mental health services, and managed care plans.
   91         (b)A detailed examination of community-based service
   92  delivery systems, including utilization issues, housing issues,
   93  psychiatric emergency crisis response outcomes, effective
   94  practices, and programs directed toward individuals who are at
   95  risk for court or legal involvement.
   96         (c)A detailed review of data, utilization, and cost
   97  analysis for individuals who are involved with the county
   98  courts, state courts, state prisons, and state and private
   99  institutions, have been charged with misdemeanors or felonies,
  100  and have a diagnosis of serious and persistent mental illness.
  101         (d)A detailed review of utilization data and costs for
  102  individuals who have traumatic brain injuries, have involvement
  103  with state courts, state prisons, county courts, or county
  104  jails, and have involvement with state-funded substance abuse
  105  and mental health services.
  106         (e)A review of the role and costs of early discharge and
  107  inappropriate placement on the use of state prisons and county
  108  jails from public crisis-stabilization units, community
  109  inpatient psychiatric hospitals, and state and private
  110  institutions that care for persons with serious and persistent
  111  mental illness.
  112         (f)A review of the criminal code, including penalties and
  113  sentencing guidelines, and other laws pertaining to the forensic
  114  mentally ill in order to assess where changes could be made that
  115  protect public safety while ensuring that the needs of the
  116  mentally ill are met in a cost-effective manner, with a goal to
  117  create a plan that will reduce reliance on state prisons and
  118  county jails.
  119         (g)The identification of programs, practices, and
  120  innovative solutions emerging in the state which would reduce
  121  the need for incarceration, improve cost-effectiveness, and help
  122  reduce the impact on the state budget and improve public safety.
  123         (h)A process for requesting and reviewing innovative
  124  proposals that would help the state optimize the use of state
  125  funding by examining the use of special pilot projects, mental
  126  health courts, changes in emergency psychiatric care, new
  127  approaches to law enforcement practices and court diversion
  128  programs, and the use of modified sentencing or waivers relative
  129  to the criminal code.
  130         (i)The development, in conjunction with the Agency for
  131  Health Care Administration, of a proposal for legislative
  132  consideration which would establish an innovative Medicaid
  133  waiver that would help support stable housing and services for
  134  those individuals defined as at risk of court-related
  135  involvement. For the purposes of this subsection, the term “at
  136  risk of court-related involvement” means a person who has been
  137  charged with a misdemeanor or felony and diagnosed with a
  138  serious and persistent mental illness.
  139         (j)A review of the effect of substance abuse on the system
  140  and methods to create integration and the use of Medicaid
  141  waivers, such as the Medicaid 1915c Home and Community-Based
  142  Waiver, to provide a more integrated approach to treating
  143  substance abuse in the community.
  144         (k)The use of involuntary outpatient commitment
  145  requirements under the Baker Act and the need for changes to
  146  those requirements which would help reduce or mitigate the
  147  potential for court involvement in this process. This review
  148  shall include the use of the Florida Medication Algorithm
  149  Project and its implications for improved outcomes relative to
  150  individuals at risk of court-related involvement.
  151         (l)A review of the current status of the use of electronic
  152  medical records, the need for broader use of electronic medical
  153  records for individuals at risk of court involvement, and the
  154  fiscal impact in terms of the savings that this type of client
  155  information system would have on reducing state expenditures and
  156  improving access to care for those considered most at risk. The
  157  workgroup may request experts in the field to make presentations
  158  and respond to questions. The workgroup shall make
  159  recommendations as provided in subsection (9).
  160         (m)A review and comparison of the practices and standards
  161  used in correctional facilities to provide mental health care
  162  for individuals who are incarcerated in county jails, state
  163  prisons, or state or private state mental health forensic
  164  institutions.
  165         (n)The consideration of plans and recommendations
  166  concerning appropriate methods of diverting mentally ill inmates
  167  to less restrictive and less expensive alternatives using
  168  conditional release or probation.
  169         (o)A review of probation and parole requirements for
  170  recommended modifications in order to assist with improving
  171  community placement and community control for persons with
  172  serious and persistent mental illnesses who are eligible for
  173  probation. This shall include a review of rules and policies and
  174  recommendations.
  175         (p)A review of practices associated with the discharge of
  176  individuals with a serious mental illness from the Department of
  177  Corrections and from state-operated and state-funded forensic
  178  mental health institutions for compliance with interagency
  179  agreements regarding placement in the community, recidivism to a
  180  jail or institutional setting, and utilization of hospital
  181  emergency rooms, involuntary commitment services, and crisis
  182  stabilization units.
  183         (8)The Department of Children and Family Services, the
  184  Department of Corrections, and the Agency for Health Care
  185  Administration may use outside research organizations to help
  186  collect information for the workgroup to use in assessing the
  187  factors contributing to the rise in the numbers of adults with
  188  serious mental illness in the criminal justice system.
  189         (9)The workgroup shall make recommendations in its interim
  190  and final reports regarding proposed changes to the state penal
  191  code, sentencing guidelines, state mental health policy, and
  192  related strategies which would improve public safety through
  193  better integration of behavioral health care at all levels of
  194  the criminal justice system, with a goal of reducing reliance on
  195  county jails and state prisons. The workgroup shall submit an
  196  interim report with findings and recommendations to the
  197  President of the Senate, the Speaker of the House of
  198  Representatives, and the Governor by January 5, 2010, and its
  199  final report with recommendations and findings by January 5,
  200  2011.
  201         (10)The workgroup terminates and this section expires July
  202  1, 2011.
  203         Section 2. This act shall take effect July 1, 2009.