Bill Text: FL H1327 | 2010 | Regular Session | Introduced


Bill Title: Forensic Mental Health

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Health Care Services Policy (HFPC) [H1327 Detail]

Download: Florida-2010-H1327-Introduced.html
HB 1327
1
A bill to be entitled
2An act relating to forensic mental health; amending s.
3394.457, F.S.; providing additional responsibilities for
4certain contractors of the Department of Children and
5Family Services; requiring the department to examine
6opportunities for set-asides for service providers that
7have supportive employment programs; authorizing the
8department to make certain training available to
9correctional personnel; amending s. 394.4655, F.S.;
10providing for involuntary outpatient treatment plans that
11require patients to take all prescribed medications in
12certain circumstances; amending s. 916.107, F.S.;
13requiring that certain adults with serious and persistent
14mental illnesses in the state correctional system who do
15not pose a public safety risk receive a forensic mental
16health transition plan for treatment in a residential
17setting; providing plan requirements; amending s. 916.13,
18F.S.; providing timeframes for competency hearings to be
19held for defendants adjudicated incompetent; amending s.
20916.15, F.S.; providing timeframes for commitment hearings
21to be held for defendants adjudicated not guilty by reason
22of insanity; amending s. 916.145, F.S.; reducing from 5
23years to 2 years the period after which charges may be
24dismissed without prejudice against a defendant
25adjudicated incompetent to proceed due to the defendant's
26mental illness, but permitting a judge to extend the
27period to a maximum of 5 years; providing for dismissal of
28charges in a shorter period of time if the defendant
29agrees to a conditional release plan meeting specified
30requirements; amending s. 916.17, F.S.; limiting the
31duration of conditional release orders issued for
32defendants in lieu of an involuntary commitment to a
33facility; providing for periodic review of such orders;
34providing for modification of such orders for medication
35compliance; providing for issuance of a new conditional
36release order upon expiration of such an order; amending
37s. 945.025, F.S.; requiring that prison medical facilities
38include specialized mental health treatment wards whenever
39possible; requiring the Department of Corrections to,
40within current resources, create crisis intervention teams
41to respond to behavioral outbursts by mentally ill
42inmates; amending s. 945.48, F.S.; requiring the
43Department of Corrections to, within current available
44resources, provide mental health training to correctional
45personnel who are likely to come in contact with mentally
46ill inmates; requiring the department to adopt policies
47and procedures concerning the use of chemical restraints
48on mentally ill inmates; amending s. 948.001, F.S.;
49defining the term "department" for purposes of ch. 948,
50F.S.; creating s. 948.0395, F.S.; providing for creation
51of a forensic mental health probation and parole program;
52providing program requirements; providing for designation
53of certain correctional probation officers as forensic
54probation officers; providing for establishment of
55requirements for such officers; providing duties for such
56officers; providing for an advisory workgroup; authorizing
57the chief judge of each circuit judge to establish a
58mental health court; providing requirements for such
59courts; authorizing specified activities by such courts;
60requiring each court to have a coordinator for certain
61aspects of the court's operations; requiring that such
62courts be funded from existing revenues or from a
63specified grant program; requiring the Department of
64Children and Family Services to adopt certain rules
65relating to supportive housing for persons released from
66inpatient forensic mental health programs; requiring a
67study of causes that impact the incarceration of the
68mentally ill in state and local correctional facilities by
69the Office of Program Policy Analysis and Government
70Accountability; requiring a report to the Legislature by a
71specified date; providing an effective date.
72
73Be It Enacted by the Legislature of the State of Florida:
74
75 Section 1. Paragraphs (c) and (d) are added to subsection
76(2) of section 394.457, Florida Statutes, and subsections (8)
77and (9) are added to that section, to read:
78 394.457 Operation and administration.-
79 (2) RESPONSIBILITIES OF THE DEPARTMENT.-The department is
80responsible for:
81 (c) Ensuring that each state contract mental health agency
82that works with individuals who are under forensic mental health
83probation and parole:
84 1. Ensures that each person enrolled in the probation and
85parole program shall have a forensic case manager who is working
86towards reducing the need for institutional placement.
87 2. Coordinates between the forensic probation and parole
88program, mental health court, and other agencies needed to help
89improve access to care.
90 (d) All forensic mental health programs and contracts
91shall be supervised by the central office staff of the
92department in cooperation with each circuit administrator.
93 (8) SUPPORTIVE EMPLOYMENT PROGRAMS.- The department,
94within current resources, shall examine opportunities to
95generate cost savings through the use of set-aside agreements
96with supportive employment programs that serve forensic mental
97health consumers living in the community under plans of
98conditional release.
99 (9) TRAINING FOR CORRECTIONAL PERSONNEL.-The department
100may make available training on the special needs of adult
101forensic mental health inmates incarcerated in state
102correctional facilities operated by the Department of
103Corrections or a private vendor to the staffs of these
104institutions.
105 Section 2. Paragraph (a) of subsection (2) of section
106394.4655, Florida Statutes, is amended to read:
107 394.4655 Involuntary outpatient placement.-
108 (2) INVOLUNTARY OUTPATIENT PLACEMENT.-
109 (a)1. A patient who is being recommended for involuntary
110outpatient placement by the administrator of the receiving
111facility where the patient has been examined may be retained by
112the facility after adherence to the notice procedures provided
113in s. 394.4599. The recommendation must be supported by the
114opinion of a psychiatrist and the second opinion of a clinical
115psychologist or another psychiatrist, both of whom have
116personally examined the patient within the preceding 72 hours,
117that the criteria for involuntary outpatient placement are met.
118However, in a county having a population of fewer than 50,000,
119if the administrator certifies that a psychiatrist or clinical
120psychologist is not available to provide the second opinion, the
121second opinion may be provided by a licensed physician who has
122postgraduate training and experience in diagnosis and treatment
123of mental and nervous disorders or by a psychiatric nurse. Any
124second opinion authorized in this subparagraph may be conducted
125through a face-to-face examination, in person or by electronic
126means. Such recommendation must be entered on an involuntary
127outpatient placement certificate that authorizes the receiving
128facility to retain the patient pending completion of a hearing.
129The certificate shall be made a part of the patient's clinical
130record.
131 2. If the patient has been stabilized and no longer meets
132the criteria for involuntary examination pursuant to s.
133394.463(1), the patient must be released from the receiving
134facility while awaiting the hearing for involuntary outpatient
135placement. Before filing a petition for involuntary outpatient
136treatment, the administrator of a receiving facility or a
137designated department representative must identify the service
138provider that will have primary responsibility for service
139provision under an order for involuntary outpatient placement,
140unless the person is otherwise participating in outpatient
141psychiatric treatment and is not in need of public financing for
142that treatment, in which case the individual, if eligible, may
143be ordered to involuntary treatment pursuant to the existing
144psychiatric treatment relationship.
145 3. The service provider shall prepare a written proposed
146treatment plan in consultation with the patient or the patient's
147guardian advocate, if appointed, for the court's consideration
148for inclusion in the involuntary outpatient placement order. The
149service provider shall also provide a copy of the proposed
150treatment plan to the patient and the administrator of the
151receiving facility. The treatment plan must specify the nature
152and extent of the patient's mental illness, address the
153reduction of symptoms that necessitate involuntary outpatient
154placement, and include measurable goals and objectives for the
155services and treatment that are provided to treat the person's
156mental illness and assist the person in living and functioning
157in the community or to prevent a relapse or deterioration.
158Service providers may select and supervise other individuals to
159implement specific aspects of the treatment plan. The services
160in the treatment plan must be deemed clinically appropriate by a
161physician, clinical psychologist, psychiatric nurse, mental
162health counselor, marriage and family therapist, or clinical
163social worker who consults with, or is employed or contracted
164by, the service provider. The service provider must certify to
165the court in the proposed treatment plan whether sufficient
166services for improvement and stabilization are currently
167available and whether the service provider agrees to provide
168those services. If the service provider certifies that the
169services in the proposed treatment plan are not available, the
170petitioner may not file the petition.
171 4. If the patient is to be supervised by a forensic mental
172health case manager, the plan may require the patient to take
173all prescribed medications.
174 Section 3. Subsection (12) is added to section 916.107,
175Florida Statutes, to read:
176 916.107 Rights of forensic clients.-
177 (12) FORENSIC MENTAL HEALTH TRANSITION PLAN.-Adults with
178serious and persistent mental illnesses who are incarcerated in
179state correctional facilities and who do not pose a public
180safety risk as determined by a judge and can be cared for in a
181less expensive residential setting that will generate state
182savings are eligible to participate in a forensic mental health
183transition plan created by the Department of Corrections in
184cooperation with the Department of Children and Family Services.
185The forensic mental health transition plan shall allow a person
186with serious and persistent mental illness to be transitioned to
187a licensed and Department of Children and Family Services
188approved step-down bed under a court-approved plan of
189conditional release for the purpose of improving the care and
190treatment of psychiatric symptoms while ensuring public safety.
191 Section 4. Subsection (2) of section 916.13, Florida
192Statutes, is amended to read:
193 916.13 Involuntary commitment of defendant adjudicated
194incompetent.-
195 (2) A defendant who has been charged with a felony and who
196has been adjudicated incompetent to proceed due to mental
197illness, and who meets the criteria for involuntary commitment
198to the department under the provisions of this chapter, may be
199committed to the department, and the department shall retain and
200treat the defendant.
201 (a) Within No later than 6 months after the date of
202admission and at the end of any period of extended commitment,
203or at any time the administrator or designee has shall have
204determined that the defendant has regained competency to proceed
205or no longer meets the criteria for continued commitment, the
206administrator or designee shall file a report with the court
207pursuant to the applicable Florida Rules of Criminal Procedure.
208 (b) Within 20 days after the court receives notification
209that a defendant is competent to proceed or no longer meets the
210criteria for continued commitment, the defendant shall be
211transported back to jail pursuant to s. 916.107(10) for the
212purpose of holding a competency hearing, unless the defendant
213can be transported directly to the competency hearing without
214first returning to a county jail. Whenever feasible, defendants
215should be released to community placement without returning to a
216county jail.
217 (c) A competency hearing must be held within 30 days after
218a court receives notification that the defendant is competent to
219proceed or no longer meets criteria for continued commitment.
220 Section 5. Subsection (4) of section 916.15, Florida
221Statutes, is renumbered as subsection (5), and a new subsection
222(4) is added to that section to read:
223 916.15 Involuntary commitment of defendant adjudicated not
224guilty by reason of insanity.-
225 (4)(a) Within 20 days after the court is notified that a
226defendant no longer meets the criteria for involuntary
227commitment placement, the defendant shall be transported back to
228jail for the purpose of holding a commitment hearing, unless the
229defendant can be transported directly to the commitment hearing
230without first returning to a county jail. Whenever feasible,
231defendants should be released to community placement without
232returning to a county jail.
233 (b) The commitment hearing must be held within 30 days
234after the court receives notification that the defendant no
235longer meets the criteria for continued commitment placement.
236 Section 6. Section 916.145, Florida Statutes, is amended
237to read:
238 916.145 Dismissal of charges.-
239 (1) The charges against any defendant adjudicated
240incompetent to proceed due to the defendant's mental illness
241shall be dismissed without prejudice to the state if the
242defendant remains incompetent to proceed 2 5 years after such
243determination or the court believes that an extension is needed,
244in which case the court may extend the period for 1 additional
245year at a time until the total time since the determination has
246been 5 years, unless the court in its order specifies its
247reasons for believing that the defendant will become competent
248to proceed within the foreseeable future and specifies the time
249within which the defendant is expected to become competent to
250proceed. The charges against the defendant are dismissed without
251prejudice to the state to refile the charges should the
252defendant be declared competent to proceed in the future.
253 (2)(a) The charges against any defendant adjudicated
254incompetent to proceed due to the defendant's mental illness may
255be dismissed before the period provided in subsection (1) has
256expired if the defendant enters into an agreement with the
257department and the prosecution to participate in a plan of
258conditional release as follows:
259 1. The department shall create a plan for compliance that
260requires treatment of the defendant's mental illness.
261 2. The plan shall allow a forensic probation officer and
262the department to track the defendant's compliance with the
263plan.
264 3. The supervision of the plan is conducted by a forensic
265case manager and a forensic probation officer.
266 (b) The criminal charges against a defendant who agrees to
267the plan shall be continued without final disposition for a
268period set out in the plan after the date the defendant was
269released to the plan, if the defendant's participation in the
270plan is satisfactory.
271 (c) Resumption of pending criminal proceedings shall be
272undertaken at any time if the forensic case manager or state
273attorney finds that the defendant is not fulfilling his or her
274obligations under this plan or if the public interest so
275requires.
276 (d) At the end of the period set out in the plan, the
277forensic case manager and forensic probation officer shall
278recommend:
279 1. That the case revert to normal channels for prosecution
280when the defendant's participation in the plan has been
281unsatisfactory;
282 2. That the defendant is in need of further supervision;
283or
284 3. That dismissal of charges without prejudice shall be
285entered in instances in which prosecution is not deemed
286necessary.
287 Section 7. Section 916.17, Florida Statutes, is amended to
288read:
289 916.17 Conditional release.-
290 (1)(a) Except for an inmate currently serving a prison
291sentence, the committing court may order a conditional release
292of any defendant in lieu of an involuntary commitment to a
293facility pursuant to s. 916.13 or s. 916.15 based upon an
294approved plan for providing appropriate outpatient care and
295treatment for a period not to exceed 24 months after the date of
296the order. Upon a recommendation that outpatient treatment of
297the defendant is appropriate, a written plan for outpatient
298treatment, including recommendations from qualified
299professionals, must be filed with the court, with copies to all
300parties. Such a plan may also be submitted by the defendant and
301filed with the court with copies to all parties. The plan shall
302include:
303 1.(a) Special provisions for residential care or adequate
304supervision of the defendant.
305 2.(b) Provisions for outpatient mental health services.
306 3.(c) If appropriate, recommendations for auxiliary
307services such as vocational training, educational services, or
308special medical care.
309 4. Medication compliance requirements while under
310conditional release.
311
312In its order of conditional release, the court shall specify the
313conditions of release based upon the release plan and shall
314direct the appropriate agencies or persons to submit periodic
315reports to the court regarding the defendant's compliance with
316the conditions of the release and progress in treatment, with
317copies to all parties.
318 (b) The court shall review the conditional release and the
319defendant's compliance with those provisions at least once every
3206 months or, in the court's discretion, more frequently.
321 (c) The court may, upon good cause shown, modify the
322conditional release order at any time to expand the conditions
323of the order to comply with the defendant's physician-prescribed
324medication regimen.
325 (2) Upon the filing of an affidavit or statement under
326oath by any person that the defendant has failed to comply with
327the conditions of release, that the defendant's condition has
328deteriorated to the point that inpatient care is required, or
329that the release conditions should be modified, the court shall
330hold a hearing within 7 days after receipt of the affidavit or
331statement under oath. After the hearing, the court may modify
332the release conditions. The court may also order that the
333defendant be returned to the department if it is found, after
334the appointment and report of experts, that the person meets the
335criteria for involuntary commitment under s. 916.13 or s.
336916.15.
337 (3) If at any time it is determined after a hearing that
338the defendant who has been conditionally released under
339subsection (1) no longer requires court-supervised followup
340care, the court shall terminate its jurisdiction in the cause
341and discharge the defendant.
342 (4) If a new conditional release order is recommended by
343the department at the end of the period specified in the order
344under subsection (1), the department must present competent
345evidence that establishes the need for continued court
346supervision due to a public safety threat or risk of violence
347that might require continued court supervision in order to
348obtain such an order. If the court concludes that this need has
349been established, the court shall grant a new conditional
350release order.
351 Section 8. Subsection (2) of section 945.025, Florida
352Statutes, is amended to read:
353 945.025 Jurisdiction of department.-
354 (2) In establishing, operating, and utilizing these
355facilities, the department shall attempt, whenever possible, to
356avoid the placement of nondangerous offenders who have potential
357for rehabilitation with repeat offenders or dangerous offenders.
358Medical, mental, and psychological problems shall be diagnosed
359and treated and prison medical facilities shall include
360specialized mental health treatment wards whenever possible. The
361department shall, within current resources, also create crisis
362intervention teams within the state correctional system to
363respond to behavioral outbursts of mentally ill inmates. The
364Department of Children and Family Services and the Agency for
365Persons with Disabilities shall cooperate to ensure the delivery
366of services to persons under the custody or supervision of the
367department. When it is the intent of the department to transfer
368a mentally ill or retarded prisoner to the Department of
369Children and Family Services or the Agency for Persons with
370Disabilities, an involuntary commitment hearing shall be held
371according to the provisions of chapter 393 or chapter 394.
372 Section 9. Subsection (1) of section 945.48, Florida
373Statutes, is amended, and subsection (7) is added to that
374section, to read:
375 945.48 Rights of inmates provided mental health treatment;
376procedure for involuntary treatment.-
377 (1) RIGHT TO QUALITY TREATMENT.-An inmate in a mental
378health treatment facility has the right to receive treatment
379that is suited to his or her needs and that is provided in a
380humane psychological environment. Such treatment shall be
381administered skillfully, safely, and humanely with respect for
382the inmate's dignity and personal integrity. The department
383shall, within current available resources, provide mental health
384training, such as crisis intervention training, to correctional
385personnel who are likely to come in contact with mentally ill
386inmates.
387 (7) CHEMICAL RESTRAINTS.-The department shall adopt
388policies and procedures that must be followed before chemical
389agents may be used to control behavior of mentally ill inmates.
390 Section 10. Subsections (4) through (10) of section
391948.001, Florida Statutes, are renumbered as subsections (5)
392through (11), respectively, and a new subsection (4) is added to
393that section to read:
394 948.001 Definitions.-As used in this chapter, the term:
395 (4) "Department" means the Department of Corrections.
396 Section 11. Section 948.0395, Florida Statutes, is created
397to read:
398 948.0395 Forensic probation and parole program.-
399 (1) The department shall create a forensic mental health
400probation and parole program that shall be responsible for
401reentry of mentally ill inmates back into the community.
402 (2) The forensic probation and parole program shall be
403focused on compliance with care, supervision of conditional
404plans of release, tracking information, and reducing
405inappropriate placements and jail utilization. The department
406shall make sex offenders with a mental illness a high priority
407for supervision and for placement in safe housing that is not
408located near locations where children regularly congregate.
409 (3) This program shall be established within the current
410department funding and the secretary may reorganize the
411probation and parole staff and programs to assist with the
412development of the forensic mental health program. The
413department may have a probation officer serve in a dual role as
414a trained forensic mental health probation officer as well as an
415officer for persons who have general probation and parole.
416 (4)(a) The department may designate correctional probation
417officers as forensic probation officers.
418 (b) The department shall establish requirements for such
419forensic mental health probation officers.
420 (c) Forensic mental health probation officers shall
421coordinate issues and compliance with the Department of Children
422and Family Services' forensic case manager and establish plans
423with the goal of improving plan compliance and reducing the need
424for incarcerations due to violations.
425 (d) Forensic mental health probation officers shall work
426with all relevant agencies to further the goals of the forensic
427mental health program.
428 (5) The department may establish an advisory workgroup to
429assist it with gathering input, providing professional
430expertise, and assisting in developing appropriate policies and
431procedures to ensure implementation of this section.
432 (6) The department shall adopt rules pursuant to ss.
433120.536(1) and 120.54 to implement the provisions of this
434section conferring duties upon it.
435 Section 12. (1) The chief judge of each circuit may
436establish a mental health court to help reduce the cost of
437managing cases that pertain to persons with mental illnesses who
438have court involvement and shall supervise the court.
439 (2) Each mental health court shall:
440 (a) Have an advisory workgroup for the purpose of
441providing input, which shall serve as a coordinating workgroup
442to help improve access to community-based services and improve
443access to care for individuals involved with the criminal
444justice system.
445 (b) Establish eligibility criteria. Individuals charged
446with felonies who upon evaluation are considered a minimal
447threat to public safety may be considered for mental health
448court involvement.
449 (c) Be focused on improving compliance with mental health
450care and treatment and may require state agencies to comply with
451its orders and directives.
452 (d) Supervise the processing of felonies and misdemeanors
453and determine which cases shall be referred for criminal
454prosecution and incarceration and those who would be eligible
455for diversion programs and alternatives.
456 (e) Be the ongoing contact with the criminal justice
457system for persons found incompetent to proceed and supervise
458the community control for such persons under s. 916.145(2),
459Florida Statutes.
460 (f) Process all evaluations for persons charged with a
461felony and require evaluations for competency to proceed or not
462guilty by reason of insanity determinations.
463 (3) A mental health court may:
464 (a) Establish drug repository programs and accept unused
465medications from nursing homes and licensed assisted living
466facilities to be repackaged and used for mental health court
467participants who need medications.
468 (b) Provide a waiver of charges and allow the court
469flexibility in dispositions.
470 (c) Authorize the use of medication algorithms for mental
471health court participants.
472 (d) Require individuals who are enrolled in Medicaid,
473prepaid mental health plans, or Medicaid HMOs to obtain maximum
474available reimbursement for all medically necessary services.
475 (4)(a) Each mental health court shall have a coordinator
476to run the day-to-day elements of the program.
477 (b) The coordinator shall supervise the forensic mental
478health case managers and shall receive reports from the case
479managers.
480 (c) The coordinator shall evaluate the threat to public
481safety and make recommendations to the court regarding
482compliance or appropriateness for court involvement.
483 (5) A mental health court may supervise compliance with
484the assisted outpatient treatment laws as such laws relate to
485court requirements that outpatients take their medications.
486 (6) Mental health courts shall be funded from within
487existing resources or from grants under s. 394.658, Florida
488Statutes.
489 Section 13. The Department of Children and Family Services
490shall adopt rules pursuant to ss. 120.536(1) and 120.54, Florida
491Statutes, that relate to supportive housing for persons released
492from inpatient forensic mental health programs to define such
493housing and to address the health and safety of and the use of
494any state subsidies appropriated for such housing.
495 Section 14. The Office of Program Policy Analysis and
496Government Accountability (OPPAGA) shall perform a study of the
497forensic mental health system. The study shall examine the
498causes that impact the incarceration of the mentally ill in
499state and local correctional facilities. The report shall be
500submitted to the President of the Senate and the Speaker of the
501House of Representatives by December 31, 2010.
502 Section 15. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.
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