Florida Senate - 2009 CS for CS for CS for SB 1180 By the Committees on Judiciary; Governmental Oversight and Accountability; and Children, Families, and Elder Affairs; and Senators Wise and Dockery 590-05728-09 20091180c3 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; specifying 10 procedures for reimbursement of travel expenses; 11 specifying components of the review; authorizing use 12 of outside research organizations; providing for 13 interim and final reports; providing for future 14 termination of the workgroup and expiration of the 15 provisions creating 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 Corrections and the Secretary 23 of Health Care Administration shall provide staff and other 24 administrative assistance to the workgroup. 25 (2) The workgroup shall consist of the following members: 26 (a) One member from the Substance Abuse and Mental Health 27 Corporation. 28 (b) One member appointed by Florida Legal Services, Inc. 29 (c) One member appointed by the Florida Psychiatric 30 Society. 31 (d) One member appointed by the Correctional Medical 32 Authority. 33 (e) One member appointed by the Florida Prosecuting 34 Attorneys Association. 35 (f) One member appointed by the Florida Public Defender 36 Association. 37 (g) One member appointed by the Florida Association of 38 Court Clerks. 39 (h) One member appointed by the Florida Assisted Living 40 Affiliation. 41 (i) One member appointed by the Florida Council for 42 Community Mental Health. 43 (j) One member appointed by the Department of Children and 44 Family Services. 45 (k) One member appointed by the Agency for Health Care 46 Administration. 47 (l) One member appointed by the Department of Corrections. 48 (m) One member appointed by the Florida Sheriffs 49 Association. 50 (n) One member appointed by the Florida Police Benevolent 51 Association. 52 (o) One member appointed by the Florida chapter of the 53 National Alliance for the Mentally Ill. 54 (p) One member appointed by the Florida Hospital 55 Association representing private receiving facilities. 56 (q) One member appointed by the Florida Psychological 57 Association. 58 (r) One member appointed by the President of the Senate. 59 (s) One member appointed by the Speaker of the House of 60 Representatives. 61 (t) One member appointed by the Governor. 62 (3) Members of the workgroup shall serve without 63 compensation for such service. However, governmental entities 64 may reimburse the travel and per diem expenses of workgroup 65 members employed by governmental entities as provided in s. 66 112.061, Florida Statutes. Private employers may reimburse the 67 per diem and travel expenses of workgroup members employed by 68 private employers pursuant to the employer’s own travel 69 reimbursement policies. 70 (4) Each meeting of the workgroup shall be held in 71 Tallahassee at the offices of the Department of Children and 72 Family Services. The workgroup shall meet four times per year 73 and may use electronic means of communication, which may 74 include, but are not limited to, conference calls, webinars, and 75 video conferencing. 76 (5) The workgroup shall organize and conduct its meetings 77 in accordance with Robert’s Rules of Order. 78 (6) The workgroup may request the Louis de la Parte Florida 79 Mental Health Institute at the University of South Florida to 80 conduct research or analysis of data projects identified by the 81 chair and the members, within existing contractual agreements 82 with the Department of Children and Family Services. 83 (7) The review conducted by the workgroup under this 84 section must include: 85 (a) The identification of all state funds being expended on 86 the care of adults with mental illnesses who have legal 87 involvement with state and county courts, including funds 88 expended on care in correctional facilities and funds expended 89 on medication, courts, attorneys, state institutions, contracts 90 with private institutions, community-based programs, Medicaid 91 services, state-funded substance abuse services, state-funded 92 mental health services, and managed care plans. 93 (b) A detailed examination of community-based service 94 delivery systems, including utilization issues, housing issues, 95 psychiatric emergency crisis response outcomes, effective 96 practices, and programs directed toward individuals who are at 97 risk for court or legal involvement. 98 (c) A detailed review of data, utilization, and cost 99 analysis for individuals who are involved with the county 100 courts, state courts, state prisons, and state and private 101 institutions, have been charged with misdemeanors or felonies, 102 and have a diagnosis of serious and persistent mental illness. 103 (d) A detailed review of utilization data and costs for 104 individuals who have traumatic brain injuries, have involvement 105 with state courts, state prisons, county courts, or county 106 jails, and have involvement with state-funded substance abuse 107 and mental health services. 108 (e) A review of the role and costs of early discharge and 109 inappropriate placement on the use of state prisons and county 110 jails from public crisis-stabilization units, community 111 inpatient psychiatric hospitals, and state and private 112 institutions that care for persons with serious and persistent 113 mental illness. 114 (f) A review of the criminal code, including penalties and 115 sentencing guidelines, and other laws pertaining to the forensic 116 mentally ill in order to assess where changes could be made that 117 protect public safety while ensuring that the needs of the 118 mentally ill are met in a cost-effective manner, with a goal to 119 create a plan that will reduce reliance on state prisons and 120 county jails. 121 (g) The identification of programs, practices, and 122 innovative solutions emerging in the state which would reduce 123 the need for incarceration, improve cost-effectiveness, and help 124 reduce the impact on the state budget and improve public safety. 125 (h) A process for requesting and reviewing innovative 126 proposals that would help the state optimize the use of state 127 funding by examining the use of special pilot projects, mental 128 health courts, changes in emergency psychiatric care, new 129 approaches to law enforcement practices and court diversion 130 programs, and the use of modified sentencing or waivers relative 131 to the criminal code. 132 (i) The development, in conjunction with the Agency for 133 Health Care Administration, of a proposal for legislative 134 consideration which would establish an innovative Medicaid 135 waiver that would help support stable housing and services for 136 those individuals defined as at risk of court-related 137 involvement. For the purposes of this subsection, the term “at 138 risk of court-related involvement” means a person who has been 139 charged with a misdemeanor or felony and diagnosed with a 140 serious and persistent mental illness. 141 (j) A review of the effect of substance abuse on the system 142 and methods to create integration and the use of Medicaid 143 waivers, such as the Medicaid 1915c Home and Community-Based 144 Waiver, to provide a more integrated approach to treating 145 substance abuse in the community. 146 (k) The use of involuntary outpatient commitment 147 requirements under the Baker Act and the need for changes to 148 those requirements which would help reduce or mitigate the 149 potential for court involvement in this process. This review 150 shall include the use of the Florida Medication Algorithm 151 Project and its implications for improved outcomes relative to 152 individuals at risk of court-related involvement. 153 (l) A review of the current status of the use of electronic 154 medical records, the need for broader use of electronic medical 155 records for individuals at risk of court involvement, and the 156 fiscal impact in terms of the savings that this type of client 157 information system would have on reducing state expenditures and 158 improving access to care for those considered most at risk. The 159 workgroup may request experts in the field to make presentations 160 and respond to questions. The workgroup shall make 161 recommendations as provided in subsection (9). 162 (m) A review and comparison of the practices and standards 163 used in correctional facilities to provide mental health care 164 for individuals who are incarcerated in county jails, state 165 prisons, or state or private state mental health forensic 166 institutions. 167 (n) The consideration of plans and recommendations 168 concerning appropriate methods of diverting mentally ill inmates 169 to less restrictive and less expensive alternatives using 170 conditional release or probation. 171 (o) A review of probation and parole requirements for 172 recommended modifications in order to assist with improving 173 community placement and community control for persons with 174 serious and persistent mental illnesses who are eligible for 175 probation. This shall include a review of rules and policies and 176 recommendations. 177 (p) A review of practices associated with the discharge of 178 individuals with a serious mental illness from the Department of 179 Corrections and from state-operated and state-funded forensic 180 mental health institutions for compliance with interagency 181 agreements regarding placement in the community, recidivism to a 182 jail or institutional setting, and utilization of hospital 183 emergency rooms, involuntary commitment services, and crisis 184 stabilization units. 185 (8) The Department of Children and Family Services, the 186 Department of Corrections, and the Agency for Health Care 187 Administration may use outside research organizations to help 188 collect information for the workgroup to use in assessing the 189 factors contributing to the rise in the numbers of adults with 190 serious mental illness in the criminal justice system. 191 (9) The workgroup shall make recommendations in its interim 192 and final reports regarding proposed changes to the state penal 193 code, sentencing guidelines, state mental health policy, and 194 related strategies which would improve public safety through 195 better integration of behavioral health care at all levels of 196 the criminal justice system, with a goal of reducing reliance on 197 county jails and state prisons. The workgroup shall submit an 198 interim report with findings and recommendations to the 199 President of the Senate, the Speaker of the House of 200 Representatives, and the Governor by January 5, 2010, and its 201 final report with recommendations and findings by January 5, 202 2011. 203 (10) The workgroup terminates and this section expires July 204 1, 2011. 205 Section 2. This act shall take effect July 1, 2009.