Amendment
Bill No. CS/CS/SB 2612
Amendment No. 867491
CHAMBER ACTION
Senate House
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1Representative Adkins offered the following:
2
3     Amendment (with title amendment)
4     Between lines 2317 and 2318, insert:
5     Section 52.  (1)  There is created a workgroup to review
6state policy and budgeting issues affecting adults with serious
7mental illness who also have involvement with the state criminal
8justice system.
9     (2)  The workgroup shall consist of the following members:
10     (a)  One member from the Substance Abuse and Mental Health
11Corporation.
12     (b)  One member appointed by Florida Legal Services, Inc.
13     (c)  One member appointed by the Florida Psychiatric
14Society.
15     (d)  One member appointed by the Correctional Medical
16Authority.
17     (e)  One member appointed by the Florida Prosecuting
18Attorneys Association.
19     (f)  One member appointed by the Florida Public Defender
20Association.
21     (g)  One member appointed by the Florida Association of
22Court Clerks.
23     (h)  One member appointed by the Florida Assisted Living
24Affiliation.
25     (i)  One member appointed by the Florida Council for
26Community Mental Health.
27     (j)  One member appointed by the Department of Children and
28Family Services.
29     (k)  One member appointed by the Agency for Health Care
30Administration.
31     (l)  One member appointed by the Department of Corrections.
32     (m)  One member appointed by the Florida Sheriffs
33Association.
34     (n)  One member appointed by the Florida Police Benevolent
35Association.
36     (o)  One member appointed by the Florida chapter of the
37National Alliance for the Mentally Ill.
38     (p)  One member appointed by the Florida Hospital
39Association representing private receiving facilities.
40     (q)  One member appointed by the Florida Psychological
41Association.
42     (r)  One member appointed by the President of the Senate.
43     (s)  One member appointed by the Speaker of the House of
44Representatives.
45     (t)  One member appointed by the Governor.
46     (3)  Members of the workgroup shall serve without
47compensation for such service. However, each member may request
48reimbursement from the member's employing entity for per diem
49and travel expenses as provided in s. 112.061, Florida Statutes.
50     (4)  Each meeting of the workgroup shall be held in
51Tallahassee. The workgroup shall meet four times per year and
52may use electronic means of communication, which may include,
53but are not limited to, conference calls, web seminars, and
54video conferencing.
55     (5)  The workgroup shall organize and conduct its meetings
56in accordance with Robert's Rules of Order.
57     (6)  The review conducted by the workgroup under this
58section must include:
59     (a)  The identification of all state funds being expended
60on the care of adults with mental illnesses who have legal
61involvement with state and county courts, including funds
62expended on care in correctional facilities and funds expended
63on medication, courts, attorneys, state institutions, contracts
64with private institutions, community-based programs, Medicaid
65services, state-funded substance abuse services, state-funded
66mental health services, and managed care plans.
67     (b)  A detailed examination of community-based service
68delivery systems, including utilization issues, housing issues,
69psychiatric emergency crisis response outcomes, effective
70practices, and programs directed toward individuals who are at
71risk for court or legal involvement.
72     (c)  A detailed review of data, utilization, and cost
73analysis for individuals who are involved with the county
74courts, state courts, state prisons, and state and private
75institutions, have been charged with misdemeanors or felonies,
76and have a diagnosis of serious and persistent mental illness.
77     (d)  A detailed review of utilization data and costs for
78individuals who have traumatic brain injuries, have involvement
79with state courts, state prisons, county courts, or county
80jails, and have involvement with state-funded substance abuse
81and mental health services.
82     (e)  A review of the cost and impact of early discharge
83from public crisis-stabilization units, community inpatient
84psychiatric hospitals, and state and private institutions that
85care for persons with serious and persistent mental illness and
86inappropriate placement into state prisons and county jails.
87     (f)  A review of the Criminal Punishment Code, including
88penalties and sentencing guidelines, and other laws pertaining
89to the forensic mentally ill in order to assess where changes
90could be made that protect public safety while ensuring that the
91needs of the mentally ill are met in a cost-effective manner,
92with a goal to create a plan that will reduce reliance on state
93prisons and county jails.
94     (g)  The identification of programs, practices, and
95innovative solutions emerging in the state that would reduce the
96need for incarceration, improve cost-effectiveness, help reduce
97the impact on the state budget, and improve public safety.
98     (h)  A process for requesting and reviewing innovative
99proposals that would help the state optimize the use of state
100funding through special pilot projects, mental health courts,
101changes in emergency psychiatric care, new approaches to law
102enforcement practices and court diversion programs, and the use
103of modified sentencing or waivers relative to the Criminal
104Punishment Code.
105     (i)  The development of a proposal for legislative
106consideration that would establish an innovative Medicaid waiver
107that would help support stable housing and services for those
108individuals defined as at risk of court-related involvement. For
109the purposes of this subsection, the term "at risk of court-
110related involvement" means having been charged with a
111misdemeanor or felony and diagnosed with a serious and
112persistent mental illness.
113     (j)  A review of the effect of substance abuse on the
114system and methods to create integration and the use of Medicaid
115waivers, such as the Medicaid 1915c Home and Community-Based
116Waiver, to provide a more integrated approach to treating
117substance abuse in the community.
118     (k)  The use of involuntary outpatient commitment
119requirements under the Baker Act and the need for changes to
120those requirements that would help reduce or mitigate the
121potential for court involvement in this process. This review
122shall include the use of the Florida Medication Algorithm
123Project and its implications for improved outcomes relative to
124individuals at risk of court-related involvement.
125     (l)  A review of the current status of the use of
126electronic medical records, the need for broader use of
127electronic medical records for individuals at risk of court
128involvement, and the fiscal impact in terms of the savings that
129this type of client information system would have on reducing
130state expenditures and improving access to care for those
131considered most at risk. The workgroup may request experts in
132the field to make presentations and respond to questions. The
133workgroup shall make recommendations as provided in subsection
134(7).
135     (m)  A review and comparison of the practices and standards
136used in correctional facilities to provide mental health care
137for individuals who are incarcerated in county jails, state
138prisons, or state or private state mental health forensic
139institutions.
140     (n)  The consideration of plans and recommendations
141concerning appropriate methods of diverting mentally ill inmates
142to less restrictive and less expensive alternatives using
143conditional release or probation.
144     (o)  A review of probation and parole requirements for
145recommended modifications in order to assist with improving
146community placement and community control for persons with
147serious and persistent mental illness who are eligible for
148probation. This shall include a review of rules and policies and
149recommendations.
150     (p)  A review of practices associated with the discharge of
151individuals with a serious mental illness from correctional
152facilities and from state-operated and state-funded forensic
153mental health institutions for compliance with interagency
154agreements regarding placement in the community, recidivism to a
155jail or institutional setting, and utilization of hospital
156emergency rooms, involuntary commitment services, and crisis
157stabilization units.
158     (7)  The workgroup shall make recommendations in its
159interim and final reports regarding proposed changes to the
160state penal code, sentencing guidelines, state mental health
161policy, and related strategies that would improve public safety
162through better integration of behavioral health care at all
163levels of the criminal justice system, with a goal of reducing
164reliance on county jails and state prisons. The workgroup shall
165submit an interim report with findings and recommendations to
166the Governor, the President of the Senate, and the Speaker of
167the House of Representatives by January 5, 2010, and its final
168report with recommendations and findings by January 5, 2011.
169     (8)  The workgroup terminates and this section expires July
1701, 2011.
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T I T L E  A M E N D M E N T
177     Remove lines 113-114 and insert:
178substance abuse and mental health services; providing for
179the creation of a workgroup to review state policy and
180budgeting issues affecting adults with serious mental
181illness who also have involvement with the state criminal
182justice system; providing for membership, organization,
183and meetings; specifying that members serve without
184compensation, but may be reimbursed for expenses;
185specifying components of the review; authorizing use of
186outside research organizations; providing for interim and
187final reports; providing for future termination of the
188workgroup and expiration of the provisions creating it;
189providing an effective date.
190


CODING: Words stricken are deletions; words underlined are additions.