Florida Senate - 2021 SB 1188 By Senator Wright 14-01093-21 20211188__ 1 A bill to be entitled 2 An act relating to behavioral health services for 3 defendants with mental illness; amending s. 394.658, 4 F.S.; exempting certain fiscally constrained counties 5 from local match requirements for specified grants; 6 creating s. 916.1095, F.S.; creating the Law 7 Enforcement Behavioral Health Intervention Unit Pilot 8 Program by a specified date in certain counties for a 9 specified purpose and number of years, subject to the 10 receipt of grant funds and the availability of current 11 funding and existing services; requiring the sheriff’s 12 offices in such counties to establish behavioral 13 health intervention units; requiring the sheriffs to 14 assign deputies to the units; providing training 15 requirements; requiring the units to consult with 16 specified professionals for certain services; 17 providing duties of the units; requiring annual 18 reports by a specified date; providing reporting 19 requirements; providing an expiration date; creating 20 s. 916.135, F.S.; creating the Misdemeanor Mental 21 Health Diversion Pilot Program by a specified date in 22 certain counties for a specified purpose and number of 23 years, subject to the receipt of grant funds and the 24 availability of current resources and existing 25 services; providing applicability; providing 26 definitions; outlining a process for the pilot 27 program; requiring the speedy trial period to be 28 immediately tolled when a defendant is involuntarily 29 committed; requiring the court to order a defendant to 30 comply with certain mental health conditions of 31 pretrial release; requiring the state attorney to 32 consider dismissal of charges upon a defendant’s 33 successful completion of mental health treatment; 34 requiring the court to consider specified information 35 before a defendant is returned to jail; requiring 36 annual reports by a specified date; providing 37 reporting requirements; providing an expiration date; 38 providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Subsection (2) of section 394.658, Florida 43 Statutes, is amended to read: 44 394.658 Criminal Justice, Mental Health, and Substance 45 Abuse Reinvestment Grant Program requirements.— 46 (2)(a) As used in this subsection, the term “available 47 resources” includes in-kind contributions from participating 48 counties. 49 (b) A 1-year planning grant may not be awarded unless the 50 applicant county makes available resources in an amount equal to 51 the total amount of the grant. A planning grant may not be used 52 to supplant funding for existing programs. For fiscally 53 constrained counties, the available resources may be at 50 54 percent of the total amount of the grant, except that fiscally 55 constrained counties awarded grants to establish a law 56 enforcement behavioral health intervention unit under s. 57 916.1095 or to establish programs to divert misdemeanor 58 defendants with mental health disorders from jails to community 59 based treatment under s. 916.135 may not be required to provide 60 local matching funds. 61 (c) A 3-year implementation or expansion grant may not be 62 awarded unless the applicant county or consortium of counties 63 makes available resources equal to the total amount of the 64 grant. For fiscally constrained counties, the available 65 resources may be at 50 percent of the total amount of the grant, 66 except that fiscally constrained counties awarded grants to 67 establish a law enforcement behavioral health intervention unit 68 under s. 916.1095 or to establish programs to divert misdemeanor 69 defendants with mental health disorders from jails to community 70 based treatment under s. 916.135 may not be required to provide 71 local matching funds. This match shall be used for expansion of 72 services and may not supplant existing funds for services. An 73 implementation or expansion grant must support the 74 implementation of new services or the expansion of services and 75 may not be used to supplant existing services. 76 Section 2. Section 916.1095, Florida Statutes, is created 77 to read: 78 916.1095 Law Enforcement Behavioral Health Intervention 79 Unit Pilot Program.— 80 (1) Subject to the receipt of grant funds and the 81 availability of current funding and existing services in each 82 county, the Law Enforcement Behavioral Health Intervention Unit 83 Pilot Program is established in Flagler, Putnam, St. Johns, and 84 Volusia Counties for a period of 3 years. The purpose of the 85 pilot program is to divert individuals with mental health, 86 substance use, or co-occurring mental health and substance use 87 disorders into community-based treatment instead of the criminal 88 justice system and to prevent and reduce unnecessary escalation 89 and use of force in situations involving such individuals. 90 (2) Subject to the receipt of grant funds and the 91 availability of current resources and existing services in each 92 county, on or before October 1, 2021, the sheriff’s office in 93 Flagler, Putnam, St. Johns, and Volusia Counties shall each 94 establish a behavioral health intervention unit. 95 (3) Based on the resources and needs of the county, each 96 sheriff shall designate an appropriate number of deputies to be 97 assigned to the behavioral health intervention unit who shall 98 receive special training to: 99 (a) Understand the needs of individuals with mental health, 100 substance use, or co-occurring mental health and substance use 101 disorders; and 102 (b) Respond to incidents involving such individuals. 103 (4) Training for deputies in the behavioral health 104 intervention unit shall be developed in consultation with a 105 statewide or national organization with expertise in mental 106 health crisis intervention. The training shall improve the 107 deputies’ knowledge and skills as first responders to incidents 108 involving individuals with mental health, substance use, or co 109 occurring mental health and substance use disorders, including 110 deescalation techniques to ensure safety and decrease the number 111 of use of force incidents. 112 (5) Each behavioral health intervention unit shall consult 113 with a clinical psychologist, psychiatric nurse, or clinical 114 social worker licensed in this state to assist and support 115 deputies in crisis intervention and engaging individuals in 116 treatment and aftercare services. 117 (6) Each behavioral health intervention unit shall: 118 (a) Respond to emergency calls involving individuals 119 suspected of having a mental health, substance use, or co 120 occurring mental health and substance use disorder; 121 (b) Implement strategies to engage such individuals in 122 treatment services for a mental health, substance use, or co 123 occurring mental health and substance use disorder; 124 (c) In conjunction with a clinical psychologist, 125 psychiatric nurse, or clinical social worker licensed in this 126 state, develop a support services plan to assist individuals 127 with treatment, including, but not limited to, transportation 128 assistance, housing assistance, and educational or employment 129 opportunities; and 130 (d) Implement strategies to monitor and maintain regular 131 contact with individuals engaged in treatment to ensure their 132 continued participation in treatment and aftercare services. 133 (7) By December 30, 2022, and by December 30 in each 134 subsequent year for the duration of the pilot program, the 135 sheriff’s office in Flagler, Putnam, St. Johns, and Volusia 136 Counties shall each submit a report to the Governor, the 137 President of the Senate, and the Speaker of the House of 138 Representatives. The report shall include, but need not be 139 limited to: 140 (a) The number of emergency calls the behavioral health 141 intervention unit responded to since October 1 of the previous 142 year and the disposition of those calls, including the number 143 of: 144 1. Arrests made and the criminal offense or offenses for 145 which an individual was arrested. 146 2. Individuals diverted to treatment services. 147 3. Individuals who refused treatment services. 148 4. Use of force incidents by a behavioral health 149 intervention unit deputy or other involved law enforcement 150 officer. 151 (b) The number and location of support services providers 152 that provided services to individuals under this section. 153 (c) The number of individuals who engaged in treatment and 154 aftercare services as a result of the pilot program. 155 (d) The average cost for services for individuals served. 156 (e) The per diem for a jail bed in the county’s detention 157 facility. 158 (f) The number of individuals who engaged in treatment and 159 aftercare services who: 160 1. Initiated an emergency call for service within 3 months 161 after participating in treatment or aftercare services. 162 2. Were arrested for a criminal offense within 3 months 163 after participating in treatment or aftercare services. 164 (g) Recommendations for improving the pilot program and 165 behavioral health intervention unit. 166 (8) This section shall expire on December 31, 2024. 167 Section 3. Section 916.135, Florida Statutes, is created to 168 read: 169 916.135 Misdemeanor Mental Health Diversion Pilot Program.— 170 (1) ESTABLISHMENT AND PURPOSE.— 171 (a) Subject to the receipt of grant funds and the 172 availability of current resources and existing services in each 173 county, on or before October 1, 2021, the Misdemeanor Mental 174 Health Diversion Pilot Program shall be established in Flagler, 175 Putnam, St. Johns, and Volusia Counties for a period of 3 years. 176 The purpose of the program is to provide defendants charged with 177 a misdemeanor offense or an ordinance violation who may have a 178 mental health disorder the opportunity to be evaluated and to 179 receive appropriate treatment and services, to improve access to 180 community-based treatment and services, and to decrease criminal 181 justice spending by reducing recidivism. 182 (b) This pilot program does not replace any existing mental 183 health court or mental health diversion program currently 184 operating in Flagler, Putnam, St. Johns, or Volusia Counties, 185 but instead may be established in addition to such program as 186 necessary to most efficiently identify and provide treatment to 187 defendants with mental health disorders. 188 (2) DEFINITIONS.—As used in this section, the term: 189 (a) “Defendant” means an adult who has been charged with a 190 misdemeanor offense or an ordinance violation under the laws of 191 this state or any of its political subdivisions. 192 (b) “Jail” means a county or city jail, county or city 193 stockade, or any other county or city facility used to detain 194 persons charged with or convicted of a misdemeanor offense or an 195 ordinance violation. 196 (c) “Misdemeanor court” means a county court or any court 197 presiding over misdemeanor offenses or ordinance violations 198 under the laws of this state or any of its political 199 subdivisions. 200 (3) INITIAL SCREENING PROCESS.—Within 24 hours after a 201 defendant is booked into a jail, the jail’s corrections or 202 medical staff; a physician, clinical psychologist, psychiatric 203 nurse, or clinical social worker licensed in this state; or a 204 telehealth provider as defined in s. 456.47(1) may evaluate the 205 defendant using a standardized, validated mental health 206 screening instrument to determine if there is an indication that 207 the defendant has a mental health disorder. When possible, such 208 evaluation shall be completed before a defendant’s first 209 appearance before a judge. 210 (a) If the evaluation indicates the defendant may have a 211 mental health disorder and he or she meets the criteria under s. 212 394.463 for involuntary examination under The Baker Act, a 213 professional certificate for involuntary examination shall be 214 issued and the defendant shall be transported within 72 hours to 215 a crisis stabilization unit for further evaluation. 216 (b) If the evaluation indicates the defendant may have a 217 mental health disorder, but the defendant does not meet the 218 criteria for involuntary examination under The Baker Act, the 219 defendant shall be provided the opportunity to be voluntarily 220 committed to a crisis stabilization unit for further evaluation 221 of his or her mental health disorder. A defendant’s voluntary 222 commitment shall be by written agreement, pending the 223 availability of bed space at a crisis stabilization unit. 224 (c) If the evaluation indicates the defendant may have a 225 mental health disorder, but the defendant does not meet the 226 criteria for involuntary examination under The Baker Act, does 227 not voluntarily agree to enter a crisis stabilization unit, or 228 is waiting to voluntarily enter a crisis stabilization unit 229 pending bed space, and the defendant remains in jail custody, 230 the defendant shall receive continued mental health treatment by 231 the jail’s corrections or medical staff; a physician, clinical 232 psychologist, psychiatric nurse, or clinical social worker 233 licensed in this state; or a telehealth provider as defined in 234 s. 456.47(1). Alternatively, if such a defendant is released 235 from jail custody, the defendant shall be required to comply 236 with any court-ordered, community-based mental health assessment 237 or treatment as a condition of the defendant’s pretrial release. 238 (d) A transport order entered by the misdemeanor court 239 under paragraph (a) or paragraph (b) to a crisis stabilization 240 unit may be made with a hold for jail custody so that the crisis 241 stabilization unit can only release the defendant back to jail 242 custody, unless the misdemeanor court subsequently orders 243 otherwise. Alternatively, the misdemeanor court may request that 244 the defendant be transported back to appear before the 245 misdemeanor court, depending on the outcome of the evaluation at 246 the crisis stabilization unit and the availability of other 247 services or appropriate diversion programs in the county. 248 (4) SEPARATE MENTAL HEALTH COURT DOCKET.— 249 (a) The misdemeanor court shall place any defendant whose 250 initial evaluation under subsection (3) indicates a mental 251 health disorder on a separate mental health court docket and set 252 a review hearing within 2 weeks after the date he or she entered 253 a crisis stabilization unit or, if the defendant did not enter a 254 crisis stabilization unit, within 1 week after the date of his 255 or her initial evaluation. 256 (b) If a professional certificate for involuntary 257 examination of a defendant under The Baker Act is issued, the 258 speedy trial period is immediately tolled until the misdemeanor 259 court finds the defendant has completed all involuntary 260 examination, commitment, and treatment mandated under The Baker 261 Act. 262 (5) INPATIENT AND OUTPATIENT TREATMENT.—Once a defendant 263 enters a crisis stabilization unit under this section, either 264 voluntarily or involuntarily, the defendant shall be assessed 265 and evaluated to determine whether he or she meets the criteria 266 for involuntary commitment or involuntary outpatient treatment 267 under The Baker Act. 268 (a) If either set of criteria is met, the crisis 269 stabilization unit staff or staff at the local mental health 270 treatment center may forward to the misdemeanor court a 271 discharge plan or an outpatient treatment plan, as appropriate, 272 as soon as a plan is developed. 273 (b) If the defendant does not meet either set of criteria, 274 the crisis stabilization unit staff or staff at the local mental 275 health treatment center may issue an outpatient treatment plan 276 and promptly forward it to the misdemeanor court, or may notify 277 the misdemeanor court that no treatment is necessary. 278 (c) Upon receipt of a discharge plan or an outpatient 279 treatment plan, the misdemeanor court may consider releasing the 280 defendant on his or her own recognizance on the condition that 281 he or she comply with the discharge plan or outpatient treatment 282 plan and any additional court-imposed conditions, including 283 electronic monitoring. 284 (d) If a defendant’s initial evaluation indicates a mental 285 health disorder, but he or she does not voluntarily or 286 involuntarily enter a crisis stabilization unit, the misdemeanor 287 court shall order the defendant to complete a follow-up 288 assessment within 48 hours after his or her release and to 289 comply with any recommended treatment at a local mental health 290 treatment center or a telehealth provider as defined in s. 291 456.47(1) as a condition of pretrial release. Alternatively, if 292 the defendant indicates he or she has access to a private 293 physician, clinical psychologist, psychiatric nurse, or clinical 294 social worker licensed in this state, the misdemeanor court may 295 require the defendant to complete the follow-up assessment and 296 to comply with any recommended treatment from such private 297 provider. 298 (e) If, at any time, a crisis stabilization unit, local 299 mental health treatment center, telehealth provider as defined 300 in s. 456.47(1), or private physician, clinical psychologist, 301 psychiatric nurse, or clinical social worker licensed in this 302 state notifies the misdemeanor court that a defendant does not 303 have a mental health disorder or is not a candidate for mental 304 health treatment, the defendant’s case shall be removed from the 305 mental health court docket, placed on the misdemeanor court’s 306 regular court docket, and disposed of pursuant to the Florida 307 Rules of Criminal Procedure. 308 (6) COORDINATION WITH LAW ENFORCEMENT BEHAVIORAL HEALTH 309 INTERVENTION UNITS.—The applicable law enforcement behavioral 310 health intervention unit, as established under s. 916.1095, 311 shall be promptly notified when a defendant with an indication 312 of a mental health disorder is released from a jail or crisis 313 stabilization unit. Within 48 hours after receiving notification 314 of such a defendant’s release, the law enforcement behavioral 315 health intervention unit shall attempt to make contact with the 316 defendant and shall continue efforts to maintain regular contact 317 with the defendant thereafter to offer and provide reasonable 318 assistance to ensure the defendant’s continued participation in 319 treatment and aftercare services. 320 (7) SUCCESSFUL COMPLETION OF MENTAL HEALTH TREATMENT.—Upon 321 a defendant’s successful completion of all treatment 322 recommendations from any mental health evaluation or assessment 323 completed under this section, the state attorney shall consider 324 dismissing the defendant’s misdemeanor charge or charges. If the 325 state attorney determines that dismissal is not appropriate, the 326 parties shall consider referring the defendant’s case to a 327 separate mental health court or other appropriate diversion 328 program, if available. Alternatively, the defendant may avail 329 himself or herself of the Florida Rules of Criminal Procedure to 330 contest the misdemeanor charge or charges. 331 (8) FAILURE TO COMPLETE MENTAL HEALTH TREATMENT.— 332 (a) If a defendant fails to comply with any aspect of his 333 or her pretrial release, including complying with a follow-up 334 assessment and recommended treatment or a discharge or 335 outpatient treatment plan, the misdemeanor court shall consider 336 information from any mental health service provider or law 337 enforcement behavioral health intervention unit member who had 338 contact with the defendant in determining whether further 339 efforts aimed at improving the defendant’s compliance may be 340 successful before returning the defendant to jail. 341 (b) If the misdemeanor court determines that further 342 efforts to improve compliance are not appropriate, the 343 defendant’s case shall be removed from the mental health court 344 docket, placed on the misdemeanor court’s regular court docket, 345 and disposed of pursuant to the Florida Rules of Criminal 346 Procedure. 347 (9) ANNUAL REPORTS.—By December 30, 2022, and by December 348 30 in each subsequent year for the duration of the pilot 349 program, Flagler, Putnam, St. Johns, and Volusia Counties shall 350 each submit a report to the Governor, the President of the 351 Senate, and the Speaker of the House of Representatives. The 352 report shall include, but need not be limited to, the number of: 353 (a)1. Defendants who were initially evaluated for a mental 354 health disorder within 24 hours after being booked into a jail 355 and the number of defendants who were evaluated before a first 356 appearance before a judge. 357 2. Among these defendants, the number evaluated by: 358 a. Jail or corrections staff. 359 b. A physician, clinical psychologist, psychiatric nurse, 360 or clinical social worker licensed in this state. 361 c. A telehealth provider as defined in s. 456.47(1). 362 (b)1. Defendants whose initial evaluation after booking 363 indicated a mental health disorder and the type of mental health 364 disorder indicated for each such defendant. 365 2. Among these defendants, the number who: 366 a. Voluntarily entered a crisis stabilization unit. 367 b. Involuntarily entered a crisis stabilization unit. 368 c. Did not enter a crisis stabilization unit within 72 369 hours but later entered such unit either voluntarily or 370 involuntarily. 371 d. Never entered a crisis stabilization unit. 372 (c) Defendants who, after entering a crisis stabilization 373 unit, met the criteria for: 374 1. Involuntary commitment under The Baker Act; or 375 2. Involuntary outpatient treatment under The Baker Act. 376 (d)1. Defendants who entered a crisis stabilization unit 377 but did not meet the criteria for involuntary commitment or 378 treatment under The Baker Act. 379 2. Among these defendants, the number who: 380 a. Received an outpatient treatment plan. 381 b. Were not diagnosed with a mental health disorder or 382 recommended for further treatment. 383 (e)1. Defendants who the misdemeanor court released from 384 jail conditioned upon completing a follow-up assessment within 385 48 hours and complying with any recommended treatment. 386 2. Among these defendants, the number who: 387 a. Failed to complete the required assessment. 388 b. Completed the required assessment but failed to comply 389 with the recommended treatment. 390 c. Completed the required assessment but were not diagnosed 391 with a mental health disorder or recommended for further 392 treatment. 393 (f) Defendants who successfully completed a recommended 394 mental health treatment plan after release from a crisis 395 stabilization unit and, for those who did not enter a crisis 396 stabilization unit, after release from jail. 397 (g) Defendants who were unsuccessful in completing a 398 recommended mental health treatment plan after release from a 399 crisis stabilization unit and, for those who did not enter a 400 crisis stabilization unit, after release from jail. 401 (h)1. Defendants who successfully completed a recommended 402 mental health treatment plan who committed another criminal 403 offense during the pilot program’s reporting period. 404 2. Among these defendants, the number who: 405 a. Committed the same offense for which they entered the 406 pilot program. 407 b. Committed a different offense. 408 (i)1. Defendants identified as having a mental health 409 disorder who successfully completed mental health treatment and 410 the type and number of each offense with which each defendant 411 was charged. 412 2. Defendants identified as having a mental health disorder 413 who failed to complete mental health treatment and the type and 414 number of each offense with which each defendant was charged. 415 (10) EXPIRATION.—This section shall expire on December 31, 416 2024. 417 Section 4. This act shall take effect July 1, 2021.