1 | Representative Adkins offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 2317 and 2318, insert: |
5 | Section 52. (1) There is created a workgroup to review |
6 | state policy and budgeting issues affecting adults with serious |
7 | mental illness who also have involvement with the state criminal |
8 | justice system. |
9 | (2) The workgroup shall consist of the following members: |
10 | (a) One member from the Substance Abuse and Mental Health |
11 | Corporation. |
12 | (b) One member appointed by Florida Legal Services, Inc. |
13 | (c) One member appointed by the Florida Psychiatric |
14 | Society. |
15 | (d) One member appointed by the Correctional Medical |
16 | Authority. |
17 | (e) One member appointed by the Florida Prosecuting |
18 | Attorneys Association. |
19 | (f) One member appointed by the Florida Public Defender |
20 | Association. |
21 | (g) One member appointed by the Florida Association of |
22 | Court Clerks. |
23 | (h) One member appointed by the Florida Assisted Living |
24 | Affiliation. |
25 | (i) One member appointed by the Florida Council for |
26 | Community Mental Health. |
27 | (j) One member appointed by the Department of Children and |
28 | Family Services. |
29 | (k) One member appointed by the Agency for Health Care |
30 | Administration. |
31 | (l) One member appointed by the Department of Corrections. |
32 | (m) One member appointed by the Florida Sheriffs |
33 | Association. |
34 | (n) One member appointed by the Florida Police Benevolent |
35 | Association. |
36 | (o) One member appointed by the Florida chapter of the |
37 | National Alliance for the Mentally Ill. |
38 | (p) One member appointed by the Florida Hospital |
39 | Association representing private receiving facilities. |
40 | (q) One member appointed by the Florida Psychological |
41 | Association. |
42 | (r) One member appointed by the President of the Senate. |
43 | (s) One member appointed by the Speaker of the House of |
44 | Representatives. |
45 | (t) One member appointed by the Governor. |
46 | (3) Members of the workgroup shall serve without |
47 | compensation for such service. However, each member may request |
48 | reimbursement from the member's employing entity for per diem |
49 | and travel expenses as provided in s. 112.061, Florida Statutes. |
50 | (4) Each meeting of the workgroup shall be held in |
51 | Tallahassee. The workgroup shall meet four times per year and |
52 | may use electronic means of communication, which may include, |
53 | but are not limited to, conference calls, web seminars, and |
54 | video conferencing. |
55 | (5) The workgroup shall organize and conduct its meetings |
56 | in accordance with Robert's Rules of Order. |
57 | (6) The review conducted by the workgroup under this |
58 | section must include: |
59 | (a) The identification of all state funds being expended |
60 | on the care of adults with mental illnesses who have legal |
61 | involvement with state and county courts, including funds |
62 | expended on care in correctional facilities and funds expended |
63 | on medication, courts, attorneys, state institutions, contracts |
64 | with private institutions, community-based programs, Medicaid |
65 | services, state-funded substance abuse services, state-funded |
66 | mental health services, and managed care plans. |
67 | (b) A detailed examination of community-based service |
68 | delivery systems, including utilization issues, housing issues, |
69 | psychiatric emergency crisis response outcomes, effective |
70 | practices, and programs directed toward individuals who are at |
71 | risk for court or legal involvement. |
72 | (c) A detailed review of data, utilization, and cost |
73 | analysis for individuals who are involved with the county |
74 | courts, state courts, state prisons, and state and private |
75 | institutions, have been charged with misdemeanors or felonies, |
76 | and have a diagnosis of serious and persistent mental illness. |
77 | (d) A detailed review of utilization data and costs for |
78 | individuals who have traumatic brain injuries, have involvement |
79 | with state courts, state prisons, county courts, or county |
80 | jails, and have involvement with state-funded substance abuse |
81 | and mental health services. |
82 | (e) A review of the cost and impact of early discharge |
83 | from public crisis-stabilization units, community inpatient |
84 | psychiatric hospitals, and state and private institutions that |
85 | care for persons with serious and persistent mental illness and |
86 | inappropriate placement into state prisons and county jails. |
87 | (f) A review of the Criminal Punishment Code, including |
88 | penalties and sentencing guidelines, and other laws pertaining |
89 | to the forensic mentally ill in order to assess where changes |
90 | could be made that protect public safety while ensuring that the |
91 | needs of the mentally ill are met in a cost-effective manner, |
92 | with a goal to create a plan that will reduce reliance on state |
93 | prisons and county jails. |
94 | (g) The identification of programs, practices, and |
95 | innovative solutions emerging in the state that would reduce the |
96 | need for incarceration, improve cost-effectiveness, help reduce |
97 | the impact on the state budget, and improve public safety. |
98 | (h) A process for requesting and reviewing innovative |
99 | proposals that would help the state optimize the use of state |
100 | funding through special pilot projects, mental health courts, |
101 | changes in emergency psychiatric care, new approaches to law |
102 | enforcement practices and court diversion programs, and the use |
103 | of modified sentencing or waivers relative to the Criminal |
104 | Punishment Code. |
105 | (i) The development of a proposal for legislative |
106 | consideration that would establish an innovative Medicaid waiver |
107 | that would help support stable housing and services for those |
108 | individuals defined as at risk of court-related involvement. For |
109 | the purposes of this subsection, the term "at risk of court- |
110 | related involvement" means having been charged with a |
111 | misdemeanor or felony and diagnosed with a serious and |
112 | persistent mental illness. |
113 | (j) A review of the effect of substance abuse on the |
114 | system and methods to create integration and the use of Medicaid |
115 | waivers, such as the Medicaid 1915c Home and Community-Based |
116 | Waiver, to provide a more integrated approach to treating |
117 | substance abuse in the community. |
118 | (k) The use of involuntary outpatient commitment |
119 | requirements under the Baker Act and the need for changes to |
120 | those requirements that would help reduce or mitigate the |
121 | potential for court involvement in this process. This review |
122 | shall include the use of the Florida Medication Algorithm |
123 | Project and its implications for improved outcomes relative to |
124 | individuals at risk of court-related involvement. |
125 | (l) A review of the current status of the use of |
126 | electronic medical records, the need for broader use of |
127 | electronic medical records for individuals at risk of court |
128 | involvement, and the fiscal impact in terms of the savings that |
129 | this type of client information system would have on reducing |
130 | state expenditures and improving access to care for those |
131 | considered most at risk. The workgroup may request experts in |
132 | the field to make presentations and respond to questions. The |
133 | workgroup shall make recommendations as provided in subsection |
134 | (7). |
135 | (m) A review and comparison of the practices and standards |
136 | used in correctional facilities to provide mental health care |
137 | for individuals who are incarcerated in county jails, state |
138 | prisons, or state or private state mental health forensic |
139 | institutions. |
140 | (n) The consideration of plans and recommendations |
141 | concerning appropriate methods of diverting mentally ill inmates |
142 | to less restrictive and less expensive alternatives using |
143 | conditional release or probation. |
144 | (o) A review of probation and parole requirements for |
145 | recommended modifications in order to assist with improving |
146 | community placement and community control for persons with |
147 | serious and persistent mental illness who are eligible for |
148 | probation. This shall include a review of rules and policies and |
149 | recommendations. |
150 | (p) A review of practices associated with the discharge of |
151 | individuals with a serious mental illness from correctional |
152 | facilities and from state-operated and state-funded forensic |
153 | mental health institutions for compliance with interagency |
154 | agreements regarding placement in the community, recidivism to a |
155 | jail or institutional setting, and utilization of hospital |
156 | emergency rooms, involuntary commitment services, and crisis |
157 | stabilization units. |
158 | (7) The workgroup shall make recommendations in its |
159 | interim and final reports regarding proposed changes to the |
160 | state penal code, sentencing guidelines, state mental health |
161 | policy, and related strategies that would improve public safety |
162 | through better integration of behavioral health care at all |
163 | levels of the criminal justice system, with a goal of reducing |
164 | reliance on county jails and state prisons. The workgroup shall |
165 | submit an interim report with findings and recommendations to |
166 | the Governor, the President of the Senate, and the Speaker of |
167 | the House of Representatives by January 5, 2010, and its final |
168 | report with recommendations and findings by January 5, 2011. |
169 | (8) The workgroup terminates and this section expires July |
170 | 1, 2011. |
171 |
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175 | ----------------------------------------------------- |
176 | T I T L E A M E N D M E N T |
177 | Remove lines 113-114 and insert: |
178 | substance abuse and mental health services; providing for |
179 | the creation of a workgroup to review state policy and |
180 | budgeting issues affecting adults with serious mental |
181 | illness who also have involvement with the state criminal |
182 | justice system; providing for membership, organization, |
183 | and meetings; specifying that members serve without |
184 | compensation, but may be reimbursed for expenses; |
185 | specifying components of the review; authorizing use of |
186 | outside research organizations; providing for interim and |
187 | final reports; providing for future termination of the |
188 | workgroup and expiration of the provisions creating it; |
189 | providing an effective date. |
190 |
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