October 20, 2019
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Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. SB 1150

746564

586-04624A-08

Proposed Committee Substitute by the Committee on Children,

Families, and Elder Affairs

1

A bill to be entitled

2

An act relating to mental health and substance abuse;

3

amending s. 394.462, F.S.; providing for HIV testing of

4

persons being transported for mental health services upon

5

the request of law enforcement officers or other

6

designated agents who come into contact with the person's

7

body fluids; requiring the county health department to

8

provide HIV testing at no cost to such officers and

9

agents; amending s. 394.674, F.S.; establishing priority

10

populations who are eligible for services funded by the

11

Department of Children and Family Services; authorizing

12

the department to adopt rules; creating s. 394.4996, F.S.;

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authorizing the department to establish facilities that

14

provide services as an integrated adult mental health

15

crisis stabilization unit and addictions receiving

16

facility; requiring licensure; providing eligibility

17

criteria for treatment services; authorizing the

18

department to adopt rules; amending s. 766.101, F.S.;

19

adding the department as a medical review committee to

20

evaluate the provision of mental health services in

21

certain facilities; adding facilities licensed under s.

22

394.875, F.S., to the definition of health care providers;

23

amending s. 553.80, F.S.; requiring that local

24

construction regulations for secure mental health

25

treatment facilities be enforced by the department;

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amending s. 916.111, F.S.; requiring that a forensic

27

evaluator training course be provided annually in order

28

for mental health experts to be placed on the forensic

29

evaluator registry; providing that mental health

30

professionals that have taken the course within the last 5

31

years remain on the registry; requiring mental health

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professionals on the registry to maintain training course

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documentation and provide the department with current

34

information; amending s. 916.115, F.S.; allowing certain

35

persons who are supervised by a person who has taken the

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forensic evaluator training course to assist in the

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forensic evaluation process; amending s. 916.13, F.S.;

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requiring defendants in the custody of the Department of

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Corrections who are adjudicated incompetent to remain in

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the custody of the Department of Corrections and receive

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treatment from the department; requiring the Department of

42

Children and Family Services to determine whether the

43

inmate has regained competency; providing timelines for

44

competency hearings; amending s. 916.15, F.S.; providing a

45

timeline for holding a commitment hearing for defendants

46

who no longer meet the criteria for continued commitment

47

by reason of insanity; providing an exception for

48

defendants in the custody of the Department of

49

Corrections; requiring defendants in the custody of the

50

Department of Corrections who are charged with a new

51

felony and found not guilty by reason of insanity to

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remain in the department's custody for the remainder of

53

their sentence; requiring the Department of Children and

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Family Services to evaluate the inmate and file a report

55

with the court requesting a hearing for determining

56

continued commitment placment; requiring the Department of

57

Children and Family Services and the Agency for Health

58

Care Administration to prepare a mental health plan to be

59

submitted to the Legislature and the Governor; requiring a

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study by the Office of Program Policy Analysis and

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Governmental Accountability on mental health issues;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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66

     Section 1.  Subsection (4) is added to section 394.462,

67

Florida Statutes, to read:

68

     394.462  Transportation.--

69

     (4) HIV EXPOSURE.--

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     (a) In any case in which a law enforcement officer;

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employee of an emergency medical transport service, private

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transport company contracting with the county, or mobile crisis

73

response service; or other designated agent of the county,

74

department, or the court comes into contact with or is exposed to

75

the body fluids of a person being taken into custody for the

76

purpose of delivering him or her to a receiving or treatment

77

facility, hospital, community mental health center, or other

78

facility authorized to provide mental health evaluations or

79

services pursuant to this chapter, the court shall, upon request

80

of the law enforcement officer, employee, or agent, order the

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person to undergo HIV testing within 48 hours after the issuance

82

of the court order.

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     1. The testing shall be performed in accordance with s.

84

381.004.

85

     2. The results of the test shall be disclosed to the law

86

enforcement officer, employee, or agent no later than 2 weeks

87

after the court receives the results.

88

     3. The results of the test are not admissible in any

89

subsequent court proceeding involving the person being

90

transported.

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     (b) A law enforcement officer; employee of an emergency

92

medical transport service, private transport company contracting

93

with the county, or mobile crisis response service; or other

94

designated agent of the county, department, or the court who

95

comes into contact with or is exposed to the body fluids of a

96

person being transported pursuant to this section and who

97

requests HIV testing may obtain such test from his or her

98

respective county health department at no cost.

99

     Section 2.  Section 394.674, Florida Statutes, is amended to

100

read:

101

     394.674 Clinical Eligibility for publicly funded substance

102

abuse and mental health services; fee collection requirements.--

103

     (1)  To be eligible to receive substance abuse and mental

104

health services funded by the department, a person must be a

105

member of at least one of the department's priority populations

106

target groups approved by the Legislature, pursuant to s.

107

216.0166. The priority populations include:

108

     (a) For adult mental health services:

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     1. Adults who have severe and persistent mental illness, as

110

designated by the department using criteria which include

111

severity of diagnosis, duration of the mental illness, ability to

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independently perform activities of daily living, and receipt of

113

disability income for a psychiatric condition. Within this group

114

priority populations include:

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     a. Older adults in crisis.

116

     b. Older adults who are at risk of being placed in a more

117

restrictive environment because of their mental illness.

118

     c. Individuals deemed incompetent to proceed or not guilty

119

by reason of insanity under chapter 916.

120

     d. Other individuals with criminal justice involvement.

121

     2. Adults experiencing an acute mental or emotional crisis

122

as defined in s.394.67(18).

123

     (b) For children's mental health services:

124

     1. Children who have a serious emotional disturbance.

125

     2. Children who have an emotional disturbance.

126

     3. Children who are at risk of emotional disturbance.

127

     (c) For substance abuse services:

128

     1. Adults who have substance use disorders and have a

129

history of intravenous drug use.

130

     2. Persons dually diagnosed as having co-occurring

131

substance abuse and mental health disorders.

132

     3. Parents putting children at risk due to a substance

133

abuse disorder.

134

     4. Persons who have a substance abuse disorder and have

135

been ordered by the court to receive treatment.

136

     5. Children at risk for initiating drug use.

137

     6. Children under state supervision.

138

     7. Children who have a substance abuse disorder but who are

139

not under the supervision of a court or in the custody of a state

140

agency.

141

     8. Persons identified as a priority population as a

142

condition of the receipt of the Substance Abuse Block Grant.

143

     (2)  Crisis services, as defined in s. 394.67, must, within

144

the limitations of available state and local matching resources,

145

be available to each person who is eligible for services under

146

subsection (1), regardless of the person's ability to pay for

147

such services. A person who is experiencing a mental health

148

crisis and who does not meet the criteria for involuntary

149

examination under s. 394.463(1), or a person who is experiencing

150

a substance abuse crisis and who does not meet the involuntary

151

admission criteria in s. 397.675, must contribute to the cost of

152

his or her care and treatment pursuant to the sliding fee scale

153

developed under subsection (4), unless charging a fee is

154

contraindicated because of the crisis situation.

155

     (3)  Mental health services, substance abuse services, and

156

crisis services, as defined in s. 394.67, must, within the

157

limitations of available state and local matching resources, be

158

available to each person who is eligible for services under

159

subsection (1). Such person must contribute to the cost of his or

160

her care and treatment pursuant to the sliding fee scale

161

developed under subsection (4).

162

     (4) The department shall adopt rules relating to client

163

implement the clinical eligibility, client enrollment, and fee

164

collection requirements for publicly funded substance abuse and

165

mental health services. The rules must require that each provider

166

under contract with the department which enrolls eligible persons

167

into treatment to develop a sliding fee scale for persons who

168

have a net family income at or above 150 percent of the Federal

169

Poverty Income Guidelines, unless otherwise required by state or

170

federal law. The sliding fee scale must use the uniform schedule

171

o

172

department discounts its established client charges for services

173

supported with state, federal, or local funds, using, at a

174

minimum, factors such as family income, financial assets, and

175

family size as declared by the person or the person's guardian.

176

The rules must include uniform criteria to be used by all service

177

providers in developing the schedule of discounts for the sliding

178

fee scale. The rules must address the most expensive types of

179

treatment, such as residential and inpatient treatment, in order

180

to make it possible for a client to responsibly contribute to his

181

or her mental health or substance abuse care without jeopardizing

182

the family's financial stability. A person who is not eligible

183

for Medicaid and whose net family income is less than 150 percent

184

o

185

his or her treatment costs which is comparable to the copayment

186

amount required by the Medicaid program for Medicaid clients

187

pursuant to s. 409.9081. The rules must require that persons who

188

receive financial assistance from the Federal Government because

189

of a disability and are in long-term residential treatment

190

settings contribute to their board and care costs and treatment

191

costs and must be consistent with the provisions in s. 409.212.

192

     (5)  A person who meets the eligibility criteria in

193

subsection (1) shall be served in accordance with the appropriate

194

district substance abuse and mental health services plan

195

specified in s. 394.75 and within available resources.

196

     (6) The department may adopt rules to administer this

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section.

198

     Section 3.  Section 394.4996, Florida Statutes, is created

199

to read:

200

     394.4996 Integrated adult mental health crisis

201

stabilization and addictions receiving facilities.--

202

     (1) Beginning July 1, 2008, the Agency for Health Care

203

Administration, in consultation with the Department of Children

204

and Family Services, may license facilities that integrate

205

services provided in an adult mental health crisis stabilization

206

unit with services provided in an adult addictions receiving

207

facility. Such a facility shall be licensed by the agency as an

208

adult crisis stabilization unit under part IV and shall meet all

209

licensure requirements for crisis stabilization units providing

210

integrated services.

211

     (2) An integrated mental health crisis stabilization unit

212

and addictions receiving facility may provide services under this

213

section to adults, 18 years of age or older, who fall into one or

214

more of the following categories:

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     (a) An adult meeting the requirements for voluntary

216

admission for mental health treatment under s. 394.4625.

217

     (b) An adult meeting the criteria for involuntary

218

examination for mental illness under s. 394.463.

219

     (c) An adult qualifying for voluntary admission for

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substance abuse treatment under s. 397.601.

221

     (d) An adult meeting the criteria for involuntary admission

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for substance abuse impairment under s. 397.675.

223

     (3) The department, in consultation with the agency, shall

224

adopt by rule standards that address eligibility criteria;

225

clinical procedures; staffing requirements; operational,

226

administrative, and financing requirements; and the investigation

227

of complaints. Standards that are implemented specific to

228

substance abuse treatment services shall meet or exceed existing

229

standards for addiction receiving facilities.

230

     Section 4.  Subsection (1) of section 766.101, Florida

231

Statutes, is amended to read:

232

     766.101  Medical review committee, immunity from

233

liability.--

234

     (1)  As used in this section:

235

     (a)  The term "medical review committee" or "committee"

236

means:

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     1.a.  A committee of a hospital or ambulatory surgical

238

center licensed under chapter 395 or a health maintenance

239

organization certificated under part I of chapter 641;,

240

     b.  A committee of a physician-hospital organization, a

241

provider-sponsored organization, or an integrated delivery

242

system;,

243

     c.  A committee of a state or local professional society of

244

health care providers;,

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     d.  A committee of a medical staff of a licensed hospital or

246

nursing home that, provided the medical staff operates pursuant

247

to written bylaws that have been approved by the governing board

248

of the hospital or nursing home;,

249

     e.  A committee of the Department of Corrections or the

250

Correctional Medical Authority as created under s. 945.602, or

251

employees, agents, or consultants of either the department or the

252

authority or both;,

253

     f.  A committee of a professional service corporation formed

254

under chapter 621 or a corporation organized under chapter 607 or

255

chapter 617, which is formed and operated for the practice of

256

medicine as defined in s. 458.305(3), and which has at least 25

257

h

258

directly to patients;,

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     g. A committee of employees, agents, or consultants of the

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Department of Children and Family Services which conducts peer

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reviews, utilization reviews, or mortality reviews of mental

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health treatment services provided to persons served under

263

chapter 394;

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     h.g. A committee of a mental health treatment facility

265

licensed under chapter 394 or a community mental health center as

266

defined in s. 394.907, provided the quality assurance program

267

operates pursuant to the guidelines that which have been approved

268

by the governing board of the agency;,

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     i.h. A committee of a substance abuse treatment and

270

education prevention program licensed under chapter 397 provided

271

the quality assurance program operates pursuant to the guidelines

272

that which have been approved by the governing board of the

273

agency,

274

     j.i. A peer review or utilization review committee

275

organized under chapter 440;,

276

     k.j. A committee of the Department of Health, a county

277

health department, healthy start coalition, or certified rural

278

health network, when reviewing quality of care, or employees of

279

these entities when reviewing mortality records;, or

280

     l.k. A continuous quality improvement committee of a

281

pharmacy licensed pursuant to chapter 465;,

282

283

which committee is formed to evaluate and improve the quality of

284

health care rendered by providers of health service or to

285

determine that health services rendered were professionally

286

indicated or were performed in compliance with the applicable

287

standard of care or that the cost of health care rendered was

288

considered reasonable by the providers of professional health

289

services in the area; or

290

     2.  A committee of an insurer, self-insurer, or joint

291

underwriting association of medical malpractice insurance, or

292

other persons conducting review under s. 766.106.

293

     (b)  The term "health care providers" means physicians

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licensed under chapter 458, osteopathic physicians licensed under

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chapter 459, podiatric physicians licensed under chapter 461,

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optometrists licensed under chapter 463, dentists licensed under

297

chapter 466, chiropractic physicians licensed under chapter 460,

298

pharmacists licensed under chapter 465, or hospitals or

299

ambulatory surgical centers licensed under chapter 395, or

300

facilities licensed under s. 394.875.

301

     Section 5.  Subsection (1) of section 553.80, Florida

302

Statutes, is amended to read:

303

     553.80  Enforcement.--

304

     (1) Except as provided in paragraphs (a)-(g) (a)-(f), each

305

local government and each legally constituted enforcement

306

district with statutory authority shall regulate building

307

construction and, where authorized in the state agency's enabling

308

legislation, each state agency shall enforce the Florida Building

309

Code required by this part on all public or private buildings,

310

structures, and facilities, unless such responsibility has been

311

delegated to another unit of government pursuant to s. 553.79(9).

312

     (a)  Construction regulations relating to correctional

313

facilities under the jurisdiction of the Department of

314

Corrections and the Department of Juvenile Justice are to be

315

enforced exclusively by those departments.

316

317

     (b)  Construction regulations relating to elevator equipment

318

under the jurisdiction of the Bureau of Elevators of the

319

Department of Business and Professional Regulation shall be

320

enforced exclusively by that department.

321

322

     (c) Construction regulations relating to secure mental

323

health treatment facilities under the jurisdiction of the

324

Department of Children and Family Services shall be enforced

325

exclusively by that department.

326

     (d)(c) In addition to the requirements of s. 553.79 and

327

this section, facilities subject to the provisions of chapter 395

328

and part II of chapter 400 shall have facility plans reviewed and

329

construction surveyed by the state agency authorized to do so

330

under the requirements of chapter 395 and part II of chapter 400

331

and the certification requirements of the Federal Government.

332

     (e)(d) Building plans approved under s. 553.77(3) and

333

state-approved manufactured buildings, including buildings

334

manufactured and assembled offsite and not intended for

335

habitation, such as lawn storage buildings and storage sheds, are

336

exempt from local code enforcing agency plan reviews except for

337

provisions of the code relating to erection, assembly, or

338

construction at the site. Erection, assembly, and construction at

339

the site are subject to local permitting and inspections. Lawn

340

storage buildings and storage sheds bearing the insignia of

341

approval of the department are not subject to s. 553.842. Such

342

buildings that do not exceed 400 square feet may be delivered and

343

installed without need of a contractor's or specialty license.

344

     (f)(e) Construction regulations governing public schools,

345

state universities, and community colleges shall be enforced as

346

provided in subsection (6).

347

     (g)(f) The Florida Building Code as it pertains to toll

348

collection facilities under the jurisdiction of the turnpike

349

enterprise of the Department of Transportation shall be enforced

350

exclusively by the turnpike enterprise.

351

352

The governing bodies of local governments may provide a schedule

353

of fees, as authorized by s. 125.56(2) or s. 166.222 and this

354

s

355

fees shall be used solely for carrying out the local government's

356

responsibilities in enforcing the Florida Building Code. The

357

authority of state enforcing agencies to set fees for enforcement

358

shall be derived from authority existing on July 1, 1998.

359

H

360

operate to limit such agencies from adjusting their fee schedule

361

in conformance with existing authority.

362

     Section 6.  Section 916.111, Florida Statutes, is amended to

363

read:

364

365

     916.111  Training of mental health experts.--The evaluation

366

of defendants for competency to proceed or for sanity at the time

367

of the commission of the offense shall be conducted in such a way

368

as to ensure uniform application of the criteria enumerated in

369

R

370

     (1) A forensic evaluator training course approved by the

371

department must be provided at least annually to ensure that

372

mental health professionals have the opportunity to be placed on

373

the department's forensic evaluator registry.

374

     (a) Beginning July 1, 2009, experts shall remain on the

375

registry if they have completed or retaken the required training

376

within the previous 5 years. Those who have not completed the

377

required training within the previous 5 years shall be removed

378

from the registry and may not conduct evaluations for the courts.

379

     (b) A mental health professional who has completed the

380

training course within the previous 5 years is responsible for

381

maintaining documentation of completion of the required training

382

and providing the department with current contact information

383

during the 5-year period.

384

     (2) The department shall develop, and may contract with

385

accredited institutions:

386

     (a)(1) To provide:

387

     1.(a) A plan for training mental health professionals to

388

perform forensic evaluations and to standardize the criteria and

389

procedures to be used in these evaluations;

390

     2.(b) Clinical protocols and procedures based upon the

391

criteria of Rules 3.210 and 3.216, Florida Rules of Criminal

392

Procedure; and

393

     3.(c) Training for mental health professionals in the

394

application of these protocols and procedures in performing

395

forensic evaluations and providing reports to the courts; and

396

     (b)(2) To compile and maintain the necessary information

397

for evaluating the success of this program, including the number

398

of persons trained, the cost of operating the program, and the

399

effect on the quality of forensic evaluations as measured by

400

appropriateness of admissions to state forensic facilities and to

401

community-based care programs.

402

     Section 7.  Subsection (1) of section 916.115, Florida

403

Statutes, is amended to read:

404

     916.115  Appointment of experts.--

405

     (1)  The court shall appoint no more than three experts to

406

determine the mental condition of a defendant in a criminal case,

407

including competency to proceed, insanity, involuntary placement,

408

and treatment. The experts may evaluate the defendant in jail or

409

in another appropriate local facility or in a facility of the

410

Department of Corrections.

411

     (a) To the extent possible, the Appointed experts must

412

shall have completed forensic evaluator training as provided in

413

s. 916.111 approved by the department, and each shall be a

414

psychiatrist, licensed psychologist, or physician.

415

     (b) Graduate students completing a practicum or internship,

416

psychological specialists or counselors, and postdoctoral fellows

417

at the state's mental health treatment facilities may assist in

418

the evaluation process as long as their reports are overseen and

419

signed by a supervising evaluator who has completed forensic

420

evaluator training within the previous 5 years.

421

     (c)(b) The department shall maintain and annually provide

422

the courts with a forensic evaluator registry list of available

423

mental health professionals who have completed the approved

424

training as experts.

425

     Section 8.  Section 916.13, Florida Statutes, is amended to

426

read:

427

428

     916.13  Involuntary commitment of defendant adjudicated

429

incompetent.--

430

     (1) Except for a defendant who is serving a sentence in the

431

custody of the Department of Corrections, a Every defendant who

432

is charged with a felony and who is adjudicated incompetent to

433

proceed may be involuntarily committed for treatment upon a

434

finding by the court of clear and convincing evidence that:

435

     (a)  The defendant has a mental illness and because of the

436

mental illness:

437

     1.  The defendant is manifestly incapable of surviving alone

438

or with the help of willing and responsible family or friends,

439

including available alternative services, and, without treatment,

440

the defendant is likely to suffer from neglect or refuse to care

441

for herself or himself and such neglect or refusal poses a real

442

and present threat of substantial harm to the defendant's well-

443

being; or

444

445

     2.  There is a substantial likelihood that in the near

446

future the defendant will inflict serious bodily harm on herself

447

or himself or another person, as evidenced by recent behavior

448

causing, attempting, or threatening such harm;

449

     (b)  All available, less restrictive treatment alternatives,

450

including treatment in community residential facilities or

451

community inpatient or outpatient settings, which would offer an

452

opportunity for improvement of the defendant's condition have

453

been judged to be inappropriate; and

454

     (c)  There is a substantial probability that the mental

455

illness causing the defendant's incompetence will respond to

456

treatment and the defendant will regain competency to proceed in

457

the reasonably foreseeable future.

458

     (2)(a) A defendant who has been charged with a felony and

459

who has been adjudicated incompetent to proceed due to mental

460

illness, and who meets the criteria for involuntary commitment to

461

the department under the provisions of this chapter, may be

462

committed to the department, and the department shall retain and

463

treat the defendant. Within No later than 6 months after the date

464

of admission and at the end of any period of extended commitment,

465

or at any time the administrator or designee shall have

466

determined that the defendant has regained competency to proceed

467

or no longer meets the criteria for continued commitment, the

468

administrator or designee shall file a report with the court

469

pursuant to the applicable Florida Rules of Criminal Procedure.

470

     (b) A defendant who is serving a sentence in the custody of

471

the Department of Corrections, who is charged with a new felony

472

or is entitled to a mandatory appeal pursuant to Rule 3.851,

473

Florida Rules of Criminal Procedure, and who has been adjudicated

474

incompetent to proceed due to mental illness shall be retained in

475

the physical custody of the Department of Corrections and the

476

department shall administer a lesson plan for competency

477

restoration training provided by the Department of Children and

478

Family Services. Within 6 months after the administration of the

479

lesson plan and every 12 months thereafter, or at any time the

480

Department of Children and Family Services determines that the

481

defendant has regained competency to proceed, the Department of

482

Children and Family Services shall file a report with the court

483

pursuant to the applicable Florida Rules of Criminal Procedure.

484

     (c) Within 15 days after the court receives notification

485

that a defendant is competent to proceed or no longer meets the

486

criteria for continued commitment, the defendant shall be

487

transported back to jail pursuant to s. 916.107(10) for the

488

purpose of holding a competency hearing.

489

     (d) A competency hearing shall be held within 30 days after

490

a court receives notification that the defendant is competent to

491

proceed.

492

     Section 9.  Section 916.15, Florida Statutes, is amended to

493

read:

494

     916.15  Involuntary commitment of defendant adjudicated not

495

guilty by reason of insanity.--

496

     (1)  The determination of whether a defendant is not guilty

497

by reason of insanity shall be determined in accordance with Rule

498

3.217, Florida Rules of Criminal Procedure.

499

     (2) Except for a defendant who is serving a sentence in the

500

custody of the Department of Corrections, a defendant who is

501

acquitted of criminal charges because of a finding of not guilty

502

by reason of insanity may be involuntarily committed pursuant to

503

such finding if the defendant has a mental illness and, because

504

of the illness, is manifestly dangerous to himself or herself or

505

others.

506

     (3) Except for a defendant who is serving a sentence in the

507

custody of the Department of Corrections, a Every defendant

508

acquitted of criminal charges by reason of insanity and found to

509

m

510

treated in accordance with the provisions of this section and the

511

applicable Florida Rules of Criminal Procedure. The department

512

shall admit a defendant so adjudicated to an appropriate facility

513

or program for treatment and shall retain and treat such

514

defendant.

515

     (a) Within No later than 6 months after the date of

516

admission, prior to the end of any period of extended commitment,

517

or at any time the administrator or designee has shall have

518

determined that the defendant no longer meets the criteria for

519

continued commitment placement, the administrator or designee

520

shall file a report with the court pursuant to the applicable

521

Florida Rules of Criminal Procedure.

522

     (b) Within 15 days after the court receives notification

523

that the defendant no longer meets the criteria for continued

524

commitment placement, the defendant shall, pursuant to s.

525

916.107(10), be transported back to jail for the purpose of

526

holding a commitment hearing.

527

     (c) A commitment hearing shall be held within 30 days after

528

the court receives notification that the defendant no longer

529

meets the criteria for continued commitment placement.

530

     (4) A defendant who is serving a sentence in the custody of

531

the Department of Corrections, who has been charged with a new

532

felony, and who has been adjudicated not guilty by reason of

533

insanity shall be retained in the physical custody of the

534

Department of Corrections for the remainder of his or her

535

sentence. Within 30 days before the defendant's anticipated

536

release date, the Department of Children and Family Services

537

shall evaluate the defendant and file a report with the court

538

requesting that the defendant be returned to the court's

539

jurisdiction to determine if the defendant continues to meet the

540

criteria for continued commitment placement.

541

     (5)(4) In all proceedings under this section, both the

542

defendant and the state shall have the right to a hearing before

543

t

544

by the hospital administrator or the administrator's designee as

545

well as by the state and the defendant. The defendant shall have

546

the right to counsel at any such hearing. If In the event that a

547

defendant is determined to be indigent pursuant to s. 27.52, the

548

public defender shall represent the defendant. The parties shall

549

have access to the defendant's records at the treating facilities

550

and may interview or depose personnel who have had contact with

551

the defendant at the treating facilities.

552

     Section 10. The Department of Children and Family Services

553

and the Agency for Health Care Administration, in consultation

554

with the Florida Substance Abuse and Mental Health Corporation

555

and the Criminal Justice, Mental Health, and Substance Abuse

556

Technical Assistance Center, shall prepare a plan relating to the

557

provision and management of mental health services for

558

consideration by the Legislature.

559

     (1) The plan shall, at a minimum, include the following:

560

     (a) A review and evaluation of the structure of governance

561

of mental health services and recommendations that will improve

562

the coordination of services at the local and state level,

563

maximize the use of resources, and inform and link target

564

populations with available services.

565

     (b) A review and evaluation of, and recommendations

566

concerning, the development of methodologies to accurately

567

estimate target populations for mental health services, the

568

service needs of each target population, and the availability of

569

services.

570

     (c) Proposed guidelines for the development and

571

implementation of community-based mental health programs and

572

services that reduce the likelihood of future involvement with

573

the criminal justice system.

574

     (d) Proposed guidelines for the development and

575

implementation of programs and services that facilitate the

576

transition and successful reentry into the community by providing

577

a continuum of mental health services to persons released from

578

criminal justice or forensic facilities.

579

     (e) Recommended performance measures and reporting

580

requirements for state and local programs and services specified

581

in paragraphs (c) and (d).

582

     (f) Proposed guidelines and strategies for providing a

583

continuum of care to persons receiving competency restoration

584

services.

585

     (2) The plan shall be submitted to the Governor, the

586

President of the Senate, and the Speaker of the House of

587

Representatives by January 1, 2010.

588

     Section 11. The Office of Program Policy Analysis and

589

Government Accountability shall conduct a study and make

590

recommendations relating to mental health services by January

591

2009. The study shall include a review of the following:

592

     (1) Mental health courts in this state compared with

593

similar courts in other states.

594

     (2) Mental health funding in this state compared with

595

mental health funding in other states.

596

     (3) A review of cost-containment strategies for mental

597

health services in other states.

598

     (4) Mental health diversion programs in this state compared

599

with similar programs in other states.

600

     Section 12.  This act shall take effect July 1, 2008.

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