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.