Bill Text: FL S2612 | 2010 | Regular Session | Comm Sub
Bill Title: Forensic Mental Health [SPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2010-04-30 - Died in Committee on Policy & Steering Committee on Ways and Means [S2612 Detail]
Download: Florida-2010-S2612-Comm_Sub.html
Florida Senate - 2010 CS for SB 2612 By the Committee on Criminal Justice; and Senator Storms 591-04782-10 20102612c1 1 A bill to be entitled 2 An act relating to forensic mental health; amending s. 3 394.457, F.S.; providing additional responsibilities 4 for certain contractors of the Department of Children 5 and Family Services; providing for set-asides for 6 service providers that have supportive employment 7 programs; requiring that the department make certain 8 training available to correctional personnel; amending 9 s. 394.4655, F.S.; providing for involuntary 10 outpatient treatment plans that require patients to 11 take all prescribed medications in certain 12 circumstances; amending s. 948.001, F.S.; defining the 13 term “department” for purposes of ch. 948, F.S.; 14 creating s. 948.0395, F.S.; providing for the creation 15 of a forensic mental health probation and parole 16 program; providing program requirements; providing for 17 designation of certain correctional probation officers 18 as forensic probation officers; providing for 19 establishing requirements for such officers; providing 20 duties for such officers; authorizing the Department 21 of Corrections to establish an advisory workgroup to 22 assist with the program; requiring that the department 23 adopt rules; authorizing the chief judge of each 24 circuit to establish a mental health court; providing 25 requirements for such courts; authorizing specified 26 activities by such courts; requiring each court to 27 have a coordinator for certain aspects of the court’s 28 operations; requiring that such courts be funded from 29 existing revenues or from a specified grant program; 30 requiring that the Department of Children and Family 31 Services adopt rules relating to supportive housing; 32 requiring that the Office of Program Policy Analysis 33 and Government Accountability perform a study of the 34 forensic mental health system; requiring that the 35 study examine the causes impacting the incarceration 36 of the mentally ill in state and local correctional 37 facilities; requiring that a report of such study be 38 submitted to the Legislature by a specified date; 39 providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Paragraphs (c) and (d) are added to subsection 44 (2) of section 394.457, Florida Statutes, and subsections (8) 45 and (9) are added to that section, to read: 46 394.457 Operation and administration.— 47 (2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is 48 responsible for: 49 (c) Ensuring that each state contract mental health agency 50 that works with individuals who are under forensic mental health 51 probation and parole: 52 1. Ensures that each person enrolled in the probation and 53 parole program has a forensic case manager who is working 54 towards reducing the need for institutional placement. 55 2. Coordinates between the forensic probation and parole 56 program, mental health court, and other agencies needed to help 57 improve access to care. 58 (d) In cooperation with each circuit administrator, 59 supervising all forensic mental health programs and contracts, 60 which shall be carried out by the department’s central office 61 staff. 62 (8) SUPPORTIVE EMPLOYMENT PROGRAMS.—The department, subject 63 to current resources, shall examine opportunities to generate 64 cost savings through the use of set-aside agreements with 65 supportive employment programs that serve forensic mental health 66 consumers living in the community under plans of conditional 67 release. 68 (9) TRAINING FOR CORRECTIONAL PERSONNEL.—The department may 69 make available training on the special needs of adult forensic 70 mental health inmates incarcerated in state correctional 71 facilities operated by the Department of Corrections or a 72 private vendor to the staffs of these institutions. 73 Section 2. Paragraph (a) of subsection (2) of section 74 394.4655, Florida Statutes, is amended to read: 75 394.4655 Involuntary outpatient placement.— 76 (2) INVOLUNTARY OUTPATIENT PLACEMENT.— 77 (a)1. A patient who is being recommended for involuntary 78 outpatient placement by the administrator of the receiving 79 facility where the patient has been examined may be retained by 80 the facility after adherence to the notice procedures provided 81 in s. 394.4599. The recommendation must be supported by the 82 opinion of a psychiatrist and the second opinion of a clinical 83 psychologist or another psychiatrist, both of whom have 84 personally examined the patient within the preceding 72 hours, 85 that the criteria for involuntary outpatient placement are met. 86 However, in a county having a population of fewer than 50,000, 87 if the administrator certifies that a psychiatrist or clinical 88 psychologist is not available to provide the second opinion, the 89 second opinion may be provided by a licensed physician who has 90 postgraduate training and experience in diagnosis and treatment 91 of mental and nervous disorders or by a psychiatric nurse. Any 92 second opinion authorized in this subparagraph may be conducted 93 through a face-to-face examination, in person or by electronic 94 means. Such recommendation must be entered on an involuntary 95 outpatient placement certificate that authorizes the receiving 96 facility to retain the patient pending completion of a hearing. 97 The certificate shall be made a part of the patient’s clinical 98 record. 99 2. If the patient has been stabilized and no longer meets 100 the criteria for involuntary examination pursuant to s. 101 394.463(1), the patient must be released from the receiving 102 facility while awaiting the hearing for involuntary outpatient 103 placement. Before filing a petition for involuntary outpatient 104 treatment, the administrator of a receiving facility or a 105 designated department representative must identify the service 106 provider that will have primary responsibility for service 107 provision under an order for involuntary outpatient placement, 108 unless the person is otherwise participating in outpatient 109 psychiatric treatment and is not in need of public financing for 110 that treatment, in which case the individual, if eligible, may 111 be ordered to involuntary treatment pursuant to the existing 112 psychiatric treatment relationship. 113 3. The service provider shall prepare a written proposed 114 treatment plan in consultation with the patient or the patient’s 115 guardian advocate, if appointed, for the court’s consideration 116 for inclusion in the involuntary outpatient placement order. The 117 service provider shall also provide a copy of the proposed 118 treatment plan to the patient and the administrator of the 119 receiving facility. The treatment plan must specify the nature 120 and extent of the patient’s mental illness, address the 121 reduction of symptoms that necessitate involuntary outpatient 122 placement, and include measurable goals and objectives for the 123 services and treatment that are provided to treat the person’s 124 mental illness and assist the person in living and functioning 125 in the community or to prevent a relapse or deterioration. 126 Service providers may select and supervise other individuals to 127 implement specific aspects of the treatment plan. The services 128 in the treatment plan must be deemed clinically appropriate by a 129 physician, clinical psychologist, psychiatric nurse, mental 130 health counselor, marriage and family therapist, or clinical 131 social worker who consults with, or is employed or contracted 132 by, the service provider. The service provider must certify to 133 the court in the proposed treatment plan whether sufficient 134 services for improvement and stabilization are currently 135 available and whether the service provider agrees to provide 136 those services. If the service provider certifies that the 137 services in the proposed treatment plan are not available, the 138 petitioner may not file the petition. 139 4. If the patient is to be supervised by a forensic mental 140 health case manager, the plan may require the patient to take 141 all prescribed medications. 142 Section 3. Subsections (4) through (10) of section 948.001, 143 Florida Statutes, are renumbered as subsections (5) through 144 (11), respectively, and a new subsection (4) is added to that 145 section to read: 146 948.001 Definitions.—As used in this chapter, the term: 147 (4) “Department” means the Department of Corrections. 148 Section 4. Section 948.0395, Florida Statutes, is created 149 to read: 150 948.0395 Forensic probation and parole program.— 151 (1) The department shall create a forensic mental health 152 probation and parole program that shall be responsible for 153 reentry of mentally ill inmates back into the community. 154 (2) The forensic probation and parole program shall be 155 focused on compliance with care, supervision of conditional 156 plans of release, tracking information, and reducing 157 inappropriate placements and jail utilization. The department 158 shall make sex offenders a high priority for supervision and for 159 placement in safe housing that is not located near children. 160 (3) This program shall be established within the current 161 department funding and the secretary may reorganize the 162 probation and parole staff and programs to assist with the 163 development of the forensic mental health program. The 164 department may have a probation officer serve in a dual role as 165 a trained forensic mental health probation officer as well as an 166 officer for persons subject to general probation and parole. 167 (4)(a) The department may designate correctional probation 168 officers as forensic probation officers. 169 (b) The department shall establish requirements for such 170 forensic mental health probation officers. 171 (c) Forensic mental health probation officers shall 172 coordinate issues and compliance with the Department of Children 173 and Family Services’ forensic case manager and establish plans 174 having the goal of improving plan compliance and reducing the 175 need for incarcerations due to violations. 176 (d) Forensic mental health probation officers shall work 177 with all relevant agencies to further the goals of the forensic 178 mental health program. 179 (5) The department may establish an advisory workgroup to 180 assist the department in gathering input, providing professional 181 expertise, and developing appropriate policies and procedures to 182 ensure implementation of this section. 183 (6) The department shall adopt rules pursuant to ss. 184 120.536(1) and 120.54 to implement the provisions of this 185 section conferring duties upon it. 186 Section 5. (1) The chief judge of each circuit may 187 establish a mental health court to help reduce the cost of 188 managing cases that pertain to persons with mental illnesses who 189 have court involvement. The chief judge shall supervise the 190 mental health court. 191 (2) Each mental health court shall: 192 (a) Have an advisory workgroup for the purpose of providing 193 input, which shall serve as a coordinating workgroup to help 194 improve access to community-based services and improve access to 195 care for individuals involved with the criminal justice system. 196 (b) Establish eligibility criteria. Individuals charged 197 with felonies who upon evaluation are considered to be a minimal 198 threat to public safety may be considered for mental health 199 court involvement. 200 (c) Be focused on improving compliance with mental health 201 care and treatment and may require state agencies to comply with 202 its orders and directives. 203 (d) Supervise the processing of felonies and misdemeanors 204 and determine which cases shall be referred for criminal 205 prosecution and incarceration and those who are eligible for 206 diversion programs and alternatives. 207 (e) Be the ongoing contact with the criminal justice system 208 for persons found incompetent to proceed and supervise the 209 community control for such persons under s. 916.145(2), Florida 210 Statutes. 211 (f) Process all evaluations for persons charged with a 212 felony and require evaluations for competency to proceed or a 213 determination of not guilty by reason of insanity. 214 (3) A mental health court may: 215 (a) Establish drug repository programs and accept unused 216 medications from nursing homes and licensed assisted living 217 facilities to be repackaged and used for mental health court 218 participants who need medications. 219 (b) Provide a waiver of charges and allow the court 220 flexibility in dispositions. 221 (c) Authorize the use of medication algorithms for mental 222 health court participants. 223 (d) Require individuals who are enrolled in Medicaid, 224 prepaid mental health plans, or Medicaid health maintenance 225 organizations to obtain maximum available reimbursement for all 226 medically necessary services. 227 (4)(a) Each mental health court shall have a coordinator to 228 run the day-to-day elements of the program. 229 (b) The coordinator shall supervise the forensic mental 230 health case managers and receive reports from the case managers. 231 (c) The coordinator shall evaluate the threat to public 232 safety and make recommendations to the court regarding 233 compliance or appropriateness for court involvement. 234 (5) A mental health court may supervise compliance with the 235 assisted outpatient treatment laws as such laws relate to court 236 requirements that outpatients take their medications. 237 (6) Mental health courts shall be funded from within 238 existing resources or from grants under s. 394.658, Florida 239 Statutes. 240 Section 6. The Department of Children and Family Services 241 shall adopt rules relating to supportive housing. In 242 establishing these rules, the department shall define the term 243 “supportive housing” and shall address consumer health and 244 safety and the use of state subsidies. 245 Section 7. The Office of Program Policy Analysis and 246 Government Accountability shall perform a study of the forensic 247 mental health system. The study shall examine the causes that 248 impact the incarceration of the mentally ill in state and local 249 correctional facilities. The report shall be submitted to the 250 President of the Senate and the Speaker of the House of 251 Representatives by December 31, 2010. 252 Section 8. This act shall take effect July 1, 2010.
