Bill Text: FL S1188 | 2021 | Regular Session | Introduced
Bill Title: Behavioral Health Services for Defendants with Mental Illness
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-04-30 - Died in Criminal Justice [S1188 Detail]
Download: Florida-2021-S1188-Introduced.html
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.
