HB 293 — Certain Defendants with Mental Illness

(2) Subject to the receipt of grant funds and availability of current resources and existing services in each county, on or before October 1, 2020, the sheriff's office in Flagler, Putnam, St.

Johns, and Volusia Counties shall each establish a behavioral health intervention unit.

(3) Based on the resources and needs of the county, each sheriff shall designate an appropriate number of deputies to be assigned to the behavioral health intervention unit who shall receive special training to:

(a) Understand the needs of individuals with mental health, substance use, or co-occurring mental health and substance use disorders.

(b) Respond to incidents involving such individuals.

(4) Training for deputies in the behavioral health intervention unit shall be developed in consultation with a statewide or national organization with expertise in mental health crisis intervention.

The training shall improve the Page 4 of 17 CODING:

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hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 293 2020 deputies' knowledge and skills as first responders to incidents involving individuals with mental health, substance use, or co- occurring mental health and substance use disorders, including de-escalation techniques to ensure safety and decrease the number of use of force incidents.

(5) Each behavioral health intervention unit shall consult with a clinical psychologist, psychiatric nurse, or clinical social worker licensed in this state to assist and support deputies in crisis intervention and engaging individuals in treatment and aftercare services.

(6) Each behavioral health intervention unit shall:

(a) Respond to emergency calls involving individuals suspected of having a mental health, substance use, or co- occurring mental health and substance use disorder.

(b) Implement strategies to engage such individuals in treatment services for a mental health, substance use, or co- occurring mental health and substance use disorder.

(c) In conjunction with a clinical psychologist, psychiatric nurse, or clinical social worker licensed in this state, develop a support services plan to assist individuals with treatment, including, but not limited to, transportation assistance, housing assistance, and educational or employment opportunities.

(d) Implement strategies to monitor and maintain regular contact with individuals engaged in treatment to ensure their Page 5 of 17 CODING:

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hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 293 2020 continued participation in treatment and aftercare services.

(7) By December 30, 2021, and by December 30 in each subsequent year for the duration of the pilot program, the sheriff's office in Flagler, Putnam, St.

Johns, and Volusia Counties shall each submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

The report shall include, but need not be limited to:

(a) The number of emergency calls that the behavioral health intervention unit responded to since October 1 of the previous year and the disposition of those calls, including the number of:

1.

Arrests made and the criminal offense or offenses for which an individual was arrested.

2.

Individuals diverted to treatment services.

3.

Individuals who refused treatment services.

4.

Use of force incidents by a behavioral health intervention unit deputy or other involved law enforcement officer.

(b) The number and location of support services providers that provided services to individuals under this section.

(c) The number of individuals who engaged in treatment and aftercare services as a result of the pilot program.

(d) The average costs for services for individuals served.

(e) The per diem for a jail bed in the county's detention Page 6 of 17 CODING:

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hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 293 2020 facility.

(f) The number of individuals who engaged in treatment and aftercare services who:

1.

Initiated an emergency call for service within 3 months after participating in treatment or aftercare services.

2.

Were arrested for a criminal offense within 3 months after participating in treatment or aftercare services.

(g) Recommendations for improving the pilot program and behavioral health intervention unit.

(8) This section shall expire on December 31, 2023.

916.135 Misdemeanor mentalMental healthHealth diversionDiversion Pilot Program.— (1) ESTABLISHMENT AND PURPOSE.— (a) Subject to the receipt of grant funds and competencyavailability program.—of (1)current Asresources usedand existing services in thiseach section,county, on or before October 1, 2020, the term:Misdemeanor Mental Health Diversion Pilot Program shall be established in Flagler, Putnam, St.

(a)Johns, "Misdemeanorand court"Volusia meansCounties thefor countya courtperiod or any court presiding over misdemeanors or ordinance violations under the laws of this3 stateyears. or any of its political subdivisions.

(b)The "Misdemeanorpurpose defendant"of meansthe anprogram adultis whoto hasprovide beendefendants charged bywith lawa enforcementmisdemeanor or thean stateordinance attorneyviolation withwho may have a misdemeanormental offensehealth ordisorder anthe ordinanceopportunity violationto underbe theevaluated lawsand ofto thisreceive stateappropriate ortreatment anyand ofservices, itsto politicalimprove subdivisions.access to community-based treatment and services, and to decrease criminal Page 7 of 17 CODING:

(2) Communities desiring to establish programs to divert clinically appropriate misdemeanor defendants from jails to Page 4 of 12 CODING:

hb0293-00hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 293 2020 treatmentjustice arespending encouragedby toreducing applyrecidivism. for Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grants pursuant to s.

394.656(b) forThis thepilot purposeprogram ofdoes obtainingnot fundsreplace toany plan,existing implement,mental health court or expandmental suchhealth programs.diversion program currently operating in Flagler, Putnam, St.

ThisJohns, sectionor providesVolusia aCounties, modelbut processinstead formay divertingbe suchestablished misdemeanorin defendantsaddition to treatment,such butprogram thisas processnecessary mayto bemost modifiedefficiently accordingidentify and provide treatment to eachdefendants community'swith particularmental resources.health disorders.

Communities(2) thatDEFINITIONS.—As obtainused grantsin pursuantthis tosection, s.the term:

394.658(a) must"Defendant" adheremeans toan theadult processeswho inhas thisbeen sectioncharged towith a misdemeanor offense or an ordinance violation under the extentlaws thatof localthis resourcesstate areor availableany toof doits so.political subdivisions.

(3)(b) Within"Jail" 24means hours after a misdemeanorcounty defendantor iscity booked into a jail, thecounty jail'sor correctionscity stockade, or medicalany staffother maycounty screenor thecity misdemeanorfacility defendantused usingto adetain standardizedpersons validatedcharged mentalwith healthor screeningconvicted instrumentof toa determinemisdemeanor ifoffense thereor is an indicationordinance ofviolation. a mental disorder.

If(c) there"Misdemeanor iscourt" anmeans indication of a mentalcounty disorder,court theor misdemeanorany defendantcourt maypresiding beover promptlymisdemeanor evaluatedoffenses foror involuntaryordinance commitmentviolations under the Bakerlaws Actof bythis astate qualifiedor mentalany healthof professional.its political subdivisions.

In(3) conductingINITIAL thisSCREENING evaluation,PROCESS.—Within the24 qualifiedhours mentalafter healtha professional may evaluate the misdemeanor defendant asis thoughbooked heinto ora shejail, were at liberty in the communityjail's andcorrections mayor notmedical relystaff; on the person's incarcerated status to defeat a finding of imminent danger under the Baker Act criteria.

(a)a Ifphysician, theclinical evaluationpsychologist, demonstratespsychiatric thatnurse, theor misdemeanorclinical defendantsocial meetsworker thelicensed criteriain forthis involuntarystate; examination under the Baker Act, the mental health professional may issue a Page 5 of 12 CODING:

or a telehealth provider as defined in s.

456.47 may evaluate the defendant using a standardized, validated mental health Page 8 of 17 CODING:

hb0293-00hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 293 2020 professionalscreening certificateinstrument referringto thedetermine misdemeanorif there is an indication that the defendant tohas a qualifiedmental crisishealth stabilizationdisorder. unit.

(b)When Uponpossible, thesuch issuanceevaluation ofshall a professional certificate, the misdemeanor defendant must be transportedcompleted withinbefore 72 hours to a qualifieddefendant's crisisfirst stabilizationappearance unitbefore fora furtherjudge. evaluation under the Baker Act pursuant to the professional certificate.

Such(a) transportIf maythe beevaluation madeindicates withthat athe holddefendant formay jailhave custodya notationmental sohealth thatdisorder theand qualifiedhe crisisor stabilizationshe unitmeets may only release the misdemeanorcriteria defendantunder backs. to jail custody.

Alternatively,394.463 thefor misdemeanorinvoluntary courtexamination mayunder requestthe onBaker itsAct, transporta orderprofessional thatcertificate thefor misdemeanorinvoluntary defendantexamination shall be transportedissued backand to appear before the misdemeanordefendant court,shall dependingbe upontransported thewithin outcome72 ofhours theto evaluationa at the qualified crisis stabilization unit andfor thefurther misdemeanorevaluation. court's availability of other resources and diversion programs.

(c)(b) OnceIf at the designatedevaluation receivingindicates facility,that the misdemeanor defendant may behave assesseda andmental evaluatedhealth todisorder, determinebut whetherthe hedefendant ordoes shenot meetsmeet the criteria for involuntary commitmentexamination orunder involuntarythe outpatientBaker treatmentAct, underthe defendant shall be provided the Bakeropportunity Act.to be voluntarily committed to a crisis stabilization unit for further evaluation of his or her mental health disorder.

IfA eitherdefendant's setvoluntary ofcommitment criteriashall isbe met,by thewritten crisisagreement, stabilizationpending unit staff or staff at the localavailability mentalof healthbed treatmentspace centerat may forward to the misdemeanor court a dischargecrisis planstabilization orunit. an outpatient treatment plan, as appropriate, as soon as the plan is developed.

(c) If the misdemeanorevaluation indicates that the defendant ismay foundhave nota tomental health disorder, but the defendant does not meet eitherthe setcriteria offor criteria,involuntary examination under the qualifiedBaker Act, does not voluntarily agree to enter a crisis stabilization unit, or is waiting to voluntarily enter a crisis stabilization unit pending bed space, and the defendant remains in jail custody, the defendant shall receive continued mental health treatment by Page 69 of 1217 CODING:

hb0293-00hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 293 2020 staff or staff at the localjail's mentalcorrections health treatment center may issue an outpatient treatment plan and forward it promptly to the misdemeanor court, or maymedical notifystaff; the misdemeanor court that no treatment is necessary.

(d) Upon receipt of a dischargephysician, planclinical orpsychologist, anpsychiatric outpatientnurse, treatment plan, the misdemeanor court may consider releasing the misdemeanor defendant on his or herclinical ownsocial recognizanceworker onlicensed thein conditionthis thatstate; he or she comply fully with the discharge plan or outpatient treatment plan.

(e)or If no professional certificate is issued under paragraph (a), but the misdemeanor defendant has been found to have a mentaltelehealth disorder,provider theas misdemeanordefined courtin shalls. order that the misdemeanor defendant be assessed for outpatient treatment.

This456.47. assessment may be completed by a local mental health treatment center.

ThisAlternatively, assessmentif maysuch bea completed by jail medical staff, at the jail via tele-assessment by the local mental health treatment center, by transport of the misdemeanor defendant tois andreleased from the local mental health treatment center by the sheriff or jail authorities,custody, or by release of the misdemeanor defendant onshall hisbe orrequired herto owncomply recognizancewith onany thecourt-ordered conditionscommunity-based that the assessment be completed at the local mental health treatmentassessment center within 48 hours after his or hertreatment releaseas anda thatcondition allof treatmentthe recommendationsdefendant's mustpretrial berelease. followed.

If(d) A transport order entered by the assessmentmisdemeanor resultscourt inunder anparagraph outpatient(a) treatmentor plan,paragraph and(b) to a crisis stabilization unit may be made with a hold for jail custody so that the misdemeanorcrisis stabilization unit can only release the defendant hasback notto alreadyjail beencustody, released,unless the Pagemisdemeanor 7court ofsubsequently 12orders CODING:otherwise.

Alternatively, the misdemeanor court may request that the defendant be transported back to appear before the misdemeanor court, depending on the outcome of the evaluation at the crisis stabilization unit and the availability of other services or appropriate diversion programs in the county.

(4) SEPARATE MENTAL HEALTH COURT DOCKET.— (a) The misdemeanor court shall place any defendant whose initial evaluation under subsection (3) indicates a mental health disorder on a separate mental health court docket and set a review hearing within 2 weeks after the date he or she entered a crisis stabilization unit or, if the defendant did not enter a crisis stabilization unit, within 1 week after the date of his or her initial evaluation.

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hb0293-00hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 293 2020 misdemeanor(b) If a professional certificate for involuntary evaluation of a defendant mayunder bethe releasedBaker onAct hisis orissued, herthe ownspeedy recognizancetrial onperiod is immediately tolled until the conditionmisdemeanor thatcourt finds the defendant has completed all involuntary evaluation, commitment, and treatment recommendationsmandated mustunder bethe followed.Baker Act.

(f)(5) IfINPATIENT theAND misdemeanorOUTPATIENT defendantTREATMENT.—Once isa releaseddefendant fromenters thea custodycrisis ofstabilization theunit jailunder on pretrial release at any point before completion of the process in this section, evaluationeither voluntarily or assessmentinvoluntarily, of the misdemeanor defendant undershall this section by a qualified mental health professional may be initiatedassessed atand anyevaluated timeto bydetermine orderwhether ofhe theor misdemeanorshe courtmeets at the requestcriteria offor eitherinvoluntary partycommitment or oninvoluntary theoutpatient misdemeanortreatment court'sunder ownthe motion.Baker Act.

(a) If thiseither processset results in the creation of acriteria dischargeis planmet, bythe a qualified crisis stabilization unit staff or anstaff outpatientat treatment plan by the local mental health treatment center,center may forward to the misdemeanor court may set as a conditiondischarge ofplan theor misdemeanoran defendant'soutpatient continuedtreatment pretrialplan, releaseas complianceappropriate, withas allsoon termsas ofa the discharge plan oris outpatientdeveloped. treatment plan.

(4)(a)1.(b) If the defendant does not meet either set of criteria, the crisis stabilization unit staff or staff at the local mental health treatment center may issue an outpatient treatment plan and promptly forward it to the misdemeanor court, or may notify the misdemeanor court that no treatment is necessary.

At(c) anyUpon stagereceipt of thea criminaldischarge proceedings,plan ifor aan partyoutpatient ortreatment plan, the misdemeanor court raisesmay aconsider concernreleasing regarding a misdemeanor defendant's competency to proceed due to a mental disorder, the misdemeanordefendant courton mayhis appointor aher qualifiedown mentalrecognizance healthon professional to evaluate the misdemeanorcondition defendantthat forPage issuance11 of a17 professionalCODING: certificate under the Baker Act.

If the jail has agreed to permit its medical staff to be used for this purpose, the misdemeanor court may order jail medical staff to conduct this evaluation.

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hb0293-00hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 293 2020 2.he or she comply with the discharge plan or outpatient treatment plan and any additional court-imposed conditions, including electronic monitoring.

(d) If a professionaldefendant's certificateinitial isevaluation issued,indicates thea speedymental trialhealth perioddisorder, isbut tolledhe immediatelyor untilshe thedoes misdemeanornot courtvoluntarily findsor theinvoluntarily misdemeanorenter defendanta eithercrisis tostabilization haveunit, completedthe allmisdemeanor treatmentcourt thatshall hasorder been mandated under the Bakerdefendant Act or to nocomplete longera befollow-up subjectassessment towithin any48 mandatoryhours treatmentafter underhis theor Bakerher Act,release and theto partiescomply maywith followany therecommended procedurestreatment inat paragrapha (3)(b),local adjustingmental suchhealth procedurestreatment accordingcenter toor thea jurisdiction'stelehealth availableprovider resourcesas anddefined preferredin procedures.s.

(b)456.47 Ifas thea qualifiedcondition mental health professional finds that the misdemeanor defendant does not meet the criteria for issuance of apretrial professionalrelease. certificate under the Baker Act, then the professional or another qualified community-based mental health professional may evaluate the misdemeanor defendant regarding the criteria in this paragraph, and may promptly issue a report to the misdemeanor court regarding the evaluation.

FollowingAlternatively, issuanceif of the report,defendant theindicates misdemeanorthat courthe mayor promptlyshe holdhas anaccess evidentiaryto hearinga toprivate determinephysician, whetherclinical clearpsychologist, andpsychiatric convincingnurse, evidenceor existsclinical tosocial concludeworker thatlicensed in this state, the misdemeanor defendantcourt meetsmay anyrequire onethe ordefendant moreto ofcomplete the followingfollow-up criteria:assessment and to comply with any recommended treatment from such private provider.

1.(e) If, at any time, a crisis stabilization unit, local mental health treatment center, telehealth provider as defined in s.

The456.47, misdemeanoror defendantprivate isphysician, manifestlyclinical incapablepsychologist, ofpsychiatric survivingnurse, alone or withoutclinical thesocial helpworker oflicensed willing,in able,this andstate responsiblenotifies familythe ormisdemeanor friends,court includingthat availablea alternativedefendant services,does andnot withouthave treatmenta themental misdemeanorhealth defendantdisorder or is likelynot toa suffercandidate fromfor neglectmental orhealth refusetreatment, tothe caredefendant's forcase himselfshall orbe herselfremoved andfrom suchthe neglectmental orhealth refusalcourt posesdocket, aplaced realon andthe presentmisdemeanor court's Page 912 of 1217 CODING:

hb0293-00hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 293 2020 threatregular ofcourt substantialdocket, harmand disposed of pursuant to the misdemeanorFlorida defendant'sRules well-of being.Criminal Procedure.

(6) COORDINATION WITH LAW ENFORCEMENT BEHAVIORAL HEALTH INTERVENTION UNITS.—The applicable law enforcement behavioral health intervention unit, as established under s.

916.1095, shall be promptly notified when a defendant with an indication of a mental health disorder is released from a jail or crisis stabilization unit.

Within 48 hours after receiving notification of such a defendant's release, the law enforcement behavioral health intervention unit shall attempt to make contact with the defendant, and shall continue efforts to maintain regular contact with the defendant thereafter, to offer and provide reasonable assistance to ensure the defendant's continued participation in treatment and aftercare services.

(7) SUCCESSFUL COMPLETION OF MENTAL HEALTH TREATMENT.—Upon a defendant's successful completion of all treatment recommendations from any mental health evaluation or assessment completed under this section, the state attorney shall consider dismissing the defendant's misdemeanor charge or charges.

If the state attorney determines that dismissal is not appropriate, the parties shall consider referring the defendant's case to a separate mental health court or other appropriate diversion program, if available.

Alternatively, the defendant may avail himself or herself of the Florida Rules of Criminal Procedure to contest the misdemeanor charge or charges.

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hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 293 2020 (8) FAILURE TO COMPLETE MENTAL HEALTH TREATMENT.— (a) If a defendant fails to comply with any aspect of his or her pretrial release, including complying with a follow-up assessment and recommended treatment or a discharge or outpatient treatment plan, the misdemeanor court shall consider information from any mental health service provider or law enforcement behavioral health intervention unit member who had contact with the defendant in determining whether further efforts aimed at improving the defendant's compliance may be successful before returning the defendant to jail.

(b) If the misdemeanor court determines that further efforts to improve compliance are not appropriate, the defendant's case shall be removed from the mental health court docket, placed on the misdemeanor court's regular court docket, and disposed of pursuant to the Florida Rules of Criminal Procedure.

(9) ANNUAL REPORTS.—By December 30, 2021, and by December 30 in each subsequent year for the duration of the pilot program, Flagler, Putnam, St.

Johns, and Volusia Counties shall each submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

The report shall include, but need not be limited to, the number of:

(a)1.

Defendants who were initially evaluated for a mental health disorder within 24 hours after being booked into a jail and the number of defendants who were evaluated before a first Page 14 of 17 CODING:

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words underlined are additions.

hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 293 2020 appearance before a judge.

ThereAmong isthese adefendants, substantial likelihood that in the nearnumber futureevaluated theby: misdemeanor defendant will inflict serious harm on himself or herself or another person, as evidenced by recent behavior, actions, or omissions causing, attempting, or threatening such harm.

Sucha. harm includes, but is not limited to, significant property damage.

3.Jail or corrections staff.

Thereb. is a substantial likelihood that a mental disorder played a central role in the behavior leading to the misdemeanor defendant's current arrest or there is a substantial likelihood that a mental disorder will lead to repeated future arrests for criminal behavior if the misdemeanor defendant does not receive treatment.

(c)A Ifphysician, theclinical misdemeanorpsychologist, courtpsychiatric concludesnurse, thator anyclinical ofsocial theworker criterialicensed in paragraphthis (b)state. is met, it must immediately enter an order tolling the speedy trial period in the case and requiring the misdemeanor defendant to appear within 48 hours at the nearest local mental health treatment center to submit to a full mental health assessment.

Ifc. the misdemeanor defendant is in jail custody, the misdemeanor court may execute an order directing the sheriff or jail authorities to transport the misdemeanor defendant to and from the local mental health treatment center for purposes of having the assessment completed.

Alternatively,A atelehealth tele-assessmentprovider mayas bedefined completedin ats. Page 10 of 12 CODING:

456.47.

(b)1.

Defendants whose initial evaluation after booking indicated a mental health disorder and the type of mental health disorder indicated for each such defendant.

2.

Among these defendants, the number who:

a.

Voluntarily entered a crisis stabilization unit.

b.

Involuntarily entered a crisis stabilization unit.

c.

Did not enter a crisis stabilization unit within 72 hours but later entered such unit either voluntarily or involuntarily.

d.

Never entered a crisis stabilization unit.

(c) Defendants who, after entering a crisis stabilization unit, met the criteria for:

1.

Involuntary commitment under the Baker Act;

or 2.

Involuntary outpatient treatment under the Baker Act.

(d)1.

Defendants who entered a crisis stabilization unit but did not meet the criteria for involuntary commitment or treatment under the Baker Act.

2.

Among these defendants, the number who:

a.

Received an outpatient treatment plan.

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hb0293-00hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 293 2020 theb. jail by the local mental health treatment center, or the misdemeanor court may release the misdemeanor defendant on his or her own recognizance on the condition that he or she report for the assessment within 48 hours after being released.

(d)Were Thenot resultsdiagnosed ofwith thea assessmentmental mayhealth immediatelydisorder beor relayedrecommended to the misdemeanor court, which may provide the results to counsel for thefurther statetreatment. and defense.

The(e)1. misdemeanor court may then enter an order setting or amending the conditions of the misdemeanor defendant's pretrial release to compel the misdemeanor defendant to comply with all recommendations for treatment from the assessment.

TheDefendants misdemeanorwhom defendant must be advised in the ordermisdemeanor thatcourt failurereleased tofrom complyjail withconditioned theupon ordercompleting may result in the issuance of a warrantfollow-up revokingassessment thewithin misdemeanor48 defendant'shours pretrial release and directingcomplying thewith sheriffany torecommended arresttreatment. and return the misdemeanor defendant to the jail.

(e)2. If the misdemeanor court concludes that none of the criteria in paragraph (b) is met, the misdemeanor defendant may elect to pursue a traditional competency evaluation pursuant to Rule 3.210, Florida Rules of Criminal Procedure, or may invoke any other rights or procedures available in misdemeanor and ordinance violation cases.

(5)Among Uponthese thedefendants, misdemeanor defendant's successful completion of all treatment recommendations from any mental health evaluation or assessment completed pursuant to this section, the statenumber attorneywho: may consider dismissal of the misdemeanor Page 11 of 12 CODING:

a.

Failed to complete the required assessment.

b.

Completed the required assessment but failed to comply with the recommended treatment.

c.

Completed the required assessment but were not diagnosed with a mental health disorder or recommended for further treatment.

(f) Defendants who successfully completed a recommended mental health treatment plan after release from a crisis stabilization unit and, for those who did not enter a crisis stabilization unit, after release from jail.

(g) Defendants who were unsuccessful in completing a recommended mental health treatment plan after release from a crisis stabilization unit and, for those who did not enter a crisis stabilization unit, after release from jail.

(h)1.

Defendants who successfully completed a recommended mental health treatment plan who committed another criminal offense during the pilot program's reporting period.

2.

Among these defendants, the number who:

a.

Committed the same offense for which they entered the Page 16 of 17 CODING:

hb0293-00hb0293-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 293 2020 charges.pilot program.

Ifb. dismissal is deemed inappropriate by the state attorney, the parties may consider referral of the misdemeanor defendant's case to mental health court or another available mental health diversion program.

Alternatively,Committed thea misdemeanordifferent defendantoffense. may avail himself or herself of the Florida Rules of Criminal Procedure to contest the misdemeanor charge or charges.

(6)(i)1. If the misdemeanor defendant fails to comply with any aspect of his or her discharge or outpatient treatment plan under this section, the misdemeanor court may exhaust therapeutic interventions aimed at improving compliance before considering returning the misdemeanor defendant to the jail.

Defendants identified as having a mental health disorder who successfully completed mental health treatment and the type and number of each offense charged.

2.

Defendants identified as having a mental health disorder who failed to complete mental health treatment and the type and number of each offense charged.

(10) EXPIRATION.—This section shall expire on December 31, 2023.

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