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.