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         916.1095Law 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         916.135Misdemeanor 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.