Florida Senate - 2025 CS for CS for SB 168 By the Committees on Appropriations; and Criminal Justice; and Senators Bradley and Garcia 576-03230-25 2025168c2 1 A bill to be entitled 2 An act relating to mental health; providing a short 3 title; amending s. 394.658, F.S.; expanding the 4 programs and diversion initiatives supported by 5 implementation or expansion grants to include training 6 for 911 public safety telecommunicators and emergency 7 medical technicians for certain purposes and to 8 include veterans treatment court programs; exempting 9 certain fiscally constrained counties from local match 10 requirements for specified grants; amending s. 11 916.105, F.S.; providing legislative intent; creating 12 s. 916.135, F.S.; defining terms; encouraging 13 communities to apply for specified grants to establish 14 misdemeanor or ordinance violation mental health 15 diversion programs; providing a model process for such 16 mental health diversion programs; requiring adherence 17 to specified provisions to the extent of available 18 resources; authorizing specified entities to 19 collaborate to establish certain policies and 20 procedures and to develop a certain consent form; 21 providing consent form requirements; requiring 22 defendants to sign the consent form to participate in 23 the diversion program; authorizing the screening of 24 certain defendants and prompt evaluation for 25 involuntary examination under certain circumstances; 26 specifying procedures if the evaluation demonstrates 27 that the defendant meets the criteria for involuntary 28 examination; authorizing a court to consider releasing 29 a defendant on his or her own recognizance under 30 certain circumstances; requiring a court to order that 31 a defendant be assessed for outpatient treatment under 32 certain circumstances; authorizing the state attorney, 33 the defense attorney, or the court to, at any stage of 34 the criminal proceedings, request that such a 35 defendant be screened pursuant to certain provisions; 36 authorizing defendants out of custody to be evaluated 37 pursuant to certain provisions; requiring the state 38 attorney to consider dismissal of the charges upon a 39 defendants successful completion of all treatment 40 recommendations from a mental health assessment; 41 authorizing the court to exhaust therapeutic 42 interventions aimed at improving compliance before a 43 defendant is returned to jail; creating s. 916.136, 44 F.S.; defining terms; encouraging communities to apply 45 for specified grants to establish pretrial felony 46 mental health diversion programs; providing a model 47 process for such mental health diversion programs; 48 authorizing specified entities to collaborate to 49 establish certain policies and procedures and to 50 develop a certain consent form; providing consent form 51 requirements; requiring defendants to sign the consent 52 form to participate in the diversion program; 53 specifying criteria under which a defendant may be 54 eligible for the mental health diversion program; 55 specifying that the state attorney has the sole 56 discretion to determine a defendants pretrial felony 57 mental health diversion eligibility; authorizing the 58 state attorney to recommend that certain defendants be 59 screened and offered pretrial felony mental health 60 diversion; requiring defendants to sign the consent 61 form to participate in the diversion program; 62 requiring that a defendant be assessed for outpatient 63 treatment upon his or her agreeing to participate in 64 the mental health diversion program; requiring the 65 state attorney to consider dismissal of the charges 66 upon a defendants successful completion of all 67 treatment recommendations from a mental health 68 assessment; authorizing the state attorney to revoke 69 the defendants participation in such mental health 70 diversion program under specified circumstances; 71 amending s. 916.185, F.S.; expanding eligibility for 72 the Forensic Hospital Diversion Pilot Program to 73 include Hillsborough County; creating s. 945.093, 74 F.S.; requiring the Department of Corrections to 75 evaluate the physical and mental health of each inmate 76 eligible for work assignments and correctional work 77 programs; requiring the department to document 78 eligibility before the inmate receives orders for an 79 assignment or program; creating s. 948.0395, F.S.; 80 requiring mental health evaluations and the following 81 of all recommendations as conditions of probation for 82 specified defendants; amending s. 1004.649, F.S.; 83 specifying that the Northwest Regional Data Center is 84 responsible for creating, operating, and managing, 85 including the research conducted by, the Florida 86 Behavioral Health Care Data Repository; specifying the 87 purposes of the data repository; requiring the 88 Northwest Regional Data Center to develop a specified 89 plan; requiring the Northwest Regional Data Center to 90 submit, by a specified date, a certain developed plan 91 to the Governor and the Legislature; requiring the 92 Florida Behavioral Health Care Data Repository to 93 submit, by a specified date and annually thereafter, a 94 specified report to the Governor and the Legislature; 95 providing an appropriation; providing an effective 96 date. 97 98 Be It Enacted by the Legislature of the State of Florida: 99 100 Section 1.This act may be cited as the Tristin Murphy 101 Act. 102 Section 2.Subsections (1) and (2) of section 394.658, 103 Florida Statutes, are amended to read: 104 394.658Criminal Justice, Mental Health, and Substance 105 Abuse Reinvestment Grant Program requirements. 106 (1)The Criminal Justice, Mental Health, and Substance 107 Abuse Statewide Grant Review Committee, in collaboration with 108 the Department of Children and Families, the Department of 109 Corrections, the Department of Juvenile Justice, the Department 110 of Elderly Affairs, and the Office of the State Courts 111 Administrator, shall establish criteria to be used to review 112 submitted applications and to select the county that will be 113 awarded a 1-year planning grant or a 3-year implementation or 114 expansion grant. A planning, implementation, or expansion grant 115 may not be awarded unless the application of the county meets 116 the established criteria. 117 (a)The application criteria for a 1-year planning grant 118 must include a requirement that the applicant county or counties 119 have a strategic plan to initiate systemic change to identify 120 and treat individuals who have a mental illness, substance abuse 121 disorder, or co-occurring mental health and substance abuse 122 disorders who are in, or at risk of entering, the criminal or 123 juvenile justice systems. The 1-year planning grant must be used 124 to develop effective collaboration efforts among participants in 125 affected governmental agencies, including the criminal, 126 juvenile, and civil justice systems, mental health and substance 127 abuse treatment service providers, transportation programs, and 128 housing assistance programs. The collaboration efforts shall be 129 the basis for developing a problem-solving model and strategic 130 plan for treating adults and juveniles who are in, or at risk of 131 entering, the criminal or juvenile justice system and doing so 132 at the earliest point of contact, taking into consideration 133 public safety. The planning grant shall include strategies to 134 divert individuals from judicial commitment to community-based 135 service programs offered by the Department of Children and 136 Families in accordance with ss. 916.13 and 916.17. 137 (b)The application criteria for a 3-year implementation or 138 expansion grant shall require information from a county that 139 demonstrates its completion of a well-established collaboration 140 plan that includes public-private partnership models and the 141 application of evidence-based practices. The implementation or 142 expansion grants may support programs and diversion initiatives 143 that include, but need not be limited to: 144 1.Mental health courts. 145 2.Diversion programs. 146 3.Alternative prosecution and sentencing programs. 147 4.Crisis intervention teams. 148 5.Treatment accountability services. 149 6.Specialized training for criminal justice, juvenile 150 justice, and treatment services professionals. 151 7.Specialized training for 911 public safety 152 telecommunicators as defined in s. 401.465 and emergency medical 153 technicians as defined in s. 112.1911 to assist in determining 154 which response team is most appropriate under the circumstances. 155 A response team may include, but is not limited to, a law 156 enforcement agency, an emergency medical response team, a crisis 157 intervention team, or a mobile crisis response service as 158 defined in s. 394.455. Each affected agency must consider what 159 resources are available in the community. 160 8.Service delivery of collateral services such as housing, 161 transitional housing, and supported employment. 162 9.8.Reentry services to create or expand mental health and 163 substance abuse services and supports for affected persons. 164 10.9.Coordinated specialty care programs. 165 11.Veterans treatment court programs. 166 (c)Each county application must include the following 167 information: 168 1.An analysis of the current population of the jail and 169 juvenile detention center in the county, which includes: 170 a.The screening and assessment process that the county 171 uses to identify an adult or juvenile who has a mental illness, 172 substance abuse disorder, or co-occurring mental health and 173 substance abuse disorders; 174 b.The percentage of each category of persons admitted to 175 the jail and juvenile detention center that represents people 176 who have a mental illness, substance abuse disorder, or co 177 occurring mental health and substance abuse disorders; and 178 c.An analysis of observed contributing factors that affect 179 population trends in the county jail and juvenile detention 180 center. 181 2.A description of the strategies the county intends to 182 use to serve one or more clearly defined subsets of the 183 population of the jail and juvenile detention center who have a 184 mental illness or to serve those at risk of arrest and 185 incarceration. The proposed strategies may include identifying 186 the population designated to receive the new interventions, a 187 description of the services and supervision methods to be 188 applied to that population, and the goals and measurable 189 objectives of the new interventions. The interventions a county 190 may use with the target population may include, but are not 191 limited to: 192 a.Specialized responses by emergency medical response 193 teams, crisis intervention teams, mobile crisis response 194 services, and law enforcement agencies; 195 b.Centralized receiving facilities for individuals 196 evidencing behavioral difficulties; 197 c.Postbooking alternatives to incarceration; 198 d.New court programs, including pretrial services and 199 specialized dockets; 200 e.Specialized diversion programs; 201 f.Intensified transition services that are directed to the 202 designated populations while they are in jail or juvenile 203 detention to facilitate their transition to the community; 204 g.Specialized probation processes; 205 h.Day-reporting centers; 206 i.Linkages to community-based, evidence-based treatment 207 programs for adults and juveniles who have mental illness or 208 substance abuse disorders; and 209 j.Community services and programs designed to prevent 210 high-risk populations from becoming involved in the criminal or 211 juvenile justice system. 212 3.The projected effect the proposed initiatives will have 213 on the population and the budget of the jail and juvenile 214 detention center. The information must include: 215 a.The countys estimate of how the initiative will reduce 216 the expenditures associated with the incarceration of adults and 217 the detention of juveniles who have a mental illness; 218 b.The methodology that the county intends to use to 219 measure the defined outcomes and the corresponding savings or 220 averted costs; 221 c.The countys estimate of how the cost savings or averted 222 costs will sustain or expand the mental health and substance 223 abuse treatment services and supports needed in the community; 224 and 225 d.How the countys proposed initiative will reduce the 226 number of individuals judicially committed to a state mental 227 health treatment facility. 228 4.The proposed strategies that the county intends to use 229 to preserve and enhance its community mental health and 230 substance abuse system, which serves as the local behavioral 231 health safety net for low-income and uninsured individuals. 232 5.The proposed strategies that the county intends to use 233 to continue the implemented or expanded programs and initiatives 234 that have resulted from the grant funding. 235 (2)(a)As used in this subsection, the term available 236 resources includes in-kind contributions from participating 237 counties. 238 (b)A 1-year planning grant may not be awarded unless the 239 applicant county makes available resources in an amount equal to 240 the total amount of the grant, except fiscally constrained 241 counties that are awarded reinvestment grants to establish 242 programs pursuant to this section may not be required to provide 243 local matching funds. A planning grant may not be used to 244 supplant funding for existing programs. For fiscally constrained 245 counties, the available resources may be at 50 percent of the 246 total amount of the grant. 247 (c)A 3-year implementation or expansion grant may not be 248 awarded unless the applicant county or consortium of counties 249 makes available resources equal to the total amount of the 250 grant. For fiscally constrained counties, the available 251 resources may be at 50 percent of the total amount of the grant, 252 except fiscally constrained counties that are awarded 253 reinvestment grants to establish programs pursuant to this 254 section may not be required to provide local matching funds. 255 This match shall be used for expansion of services and may not 256 supplant existing funds for services. An implementation or 257 expansion grant must support the implementation of new services 258 or the expansion of services and may not be used to supplant 259 existing services. 260 Section 3.Present subsection (4) of section 916.105, 261 Florida Statutes, is redesignated as subsection (5), and a new 262 subsection (4) and subsection (6) are added to that section, to 263 read: 264 916.105Legislative intent. 265 (4)It is the intent of the Legislature that a defendant 266 who is charged with certain felonies, any misdemeanor, or any 267 ordinance violation and who has a mental illness, intellectual 268 disability, or autism be evaluated and provided services in a 269 community setting, whenever this is a feasible alternative to 270 incarceration. 271 (6)It is the intent of the Legislature that law 272 enforcement agencies in this state provide law enforcement 273 officers with crisis intervention team training. 274 Section 4.Section 916.135, Florida Statutes, is created to 275 read: 276 916.135Misdemeanor or ordinance violation mental health 277 diversion program. 278 (1)As used in this section, the term: 279 (a)Court means a circuit court, a county court, or any 280 court presiding over felony, misdemeanor, or ordinance 281 violations under the laws of this state or any of its political 282 subdivisions. 283 (b)Defendant means a person who has been charged as an 284 adult by a law enforcement agency or a state attorney solely 285 with a misdemeanor offense or an ordinance violation under the 286 laws of this state or any of its political subdivisions. 287 (c)Qualified mental health professional means a 288 physician, a physician assistant, a clinical psychologist, a 289 psychiatric nurse, an advanced practice registered nurse 290 registered under s. 464.0123, or a mental health counselor, a 291 marriage and family therapist, or a clinical social worker, as 292 those terms are defined in s. 394.455. 293 (d)Receiving facility has the same meaning as in s. 294 394.455. 295 (2)A community desiring to establish a misdemeanor or 296 ordinance violation mental health diversion program to divert 297 clinically appropriate defendants from jails to treatment is 298 encouraged to apply for the Criminal Justice, Mental Health, and 299 Substance Abuse Reinvestment Grant Program under s. 394.656 for 300 the purpose of obtaining funds to plan, implement, or expand 301 such mental health diversion programs. This section provides a 302 model process for diverting such defendants to treatment, but 303 the process may be modified according to each communitys 304 particular resources. A community that obtains a grant pursuant 305 to s. 394.658 must adhere to the processes in this section to 306 the extent that local resources are available to do so. 307 (a)The local sheriffs department, the state attorney, the 308 public defender, the court, and local treatment providers may 309 collaborate to establish policies and procedures to meet the 310 specific needs of each community and to develop a form that a 311 defendant must sign to consent to treatment. 312 (b)A consent form must include the defendants consent to 313 treatment and to the release of any records necessary to 314 demonstrate compliance with and completion of treatment. 315 Additionally, the consent form must include that the defendant 316 agrees to waive his or her right to a speedy trial by 317 participating in the diversion program. A defendant must sign 318 the consent form to participate in the diversion program. 319 (3)Within 24 hours after a defendant is booked into a 320 jail, the jails corrections or medical staff may screen the 321 defendant using a standardized, validated mental health 322 screening instrument to determine if there is an indication of a 323 mental illness. If there is an indication of a mental illness, 324 the defendant may be promptly evaluated for involuntary 325 examination under chapter 394 by a qualified mental health 326 professional. In conducting this evaluation, the qualified 327 mental health professional may evaluate the defendant as if he 328 or she is at liberty in the community and may not rely on the 329 persons incarcerated status to defeat the involuntary 330 examination criteria provided for in s. 394.463. 331 (a)If the evaluation demonstrates that the defendant meets 332 the criteria for involuntary examination under s. 394.463, the 333 qualified mental health professional may issue a professional 334 certificate referring the defendant to a receiving facility. 335 (b)Upon the issuance of a professional certificate, the 336 defendant must be transported within 72 hours to a receiving 337 facility for further evaluation for involuntary examination 338 under chapter 394. Such transport may be made with a hold for 339 jail custody notation so that the receiving facility may only 340 release the defendant back to jail custody. Alternatively, the 341 court may request on the transport order that the defendant be 342 transported back to appear before the court, depending upon the 343 outcome of the evaluation at the receiving facility, the courts 344 availability of other resources and diversion programs, and the 345 willingness of the defendant to receive treatment. 346 (c)Once at the receiving facility, the defendant may be 347 assessed and evaluated to determine whether he or she meets the 348 criteria for involuntary services under chapter 394. If the 349 criteria are met, the receiving facility may forward the court a 350 discharge plan when the defendant no longer meets criteria for 351 inpatient treatment, or an outpatient treatment plan, as 352 appropriate, as soon as such a plan is developed. If the 353 defendant does not meet the criteria for involuntary services, 354 the receiving facility may issue an outpatient treatment plan 355 and forward it to the court as soon as such plan is developed. 356 If appropriate, the receiving facility may notify the court that 357 no treatment is necessary. 358 (d)Upon receipt of a discharge plan or an outpatient 359 treatment plan, the court may consider releasing the defendant 360 on his or her own recognizance on the condition that he or she 361 comply fully with the discharge plan or outpatient treatment 362 plan. The state attorney and the defense attorney must have an 363 opportunity to be heard before the court releases the defendant. 364 (e)If a professional certificate is not issued under 365 paragraph (a), but the defendant has a mental illness, the court 366 must order that the defendant be assessed for outpatient 367 treatment by a local mental health treatment center. This 368 assessment may be completed: 369 1.At the jail via telehealth assessment by the local 370 mental health treatment center; 371 2.At the local mental health treatment center after the 372 sheriff or jail authorities transport the defendant to and from 373 the treatment center; or 374 3.By releasing the defendant on his or her own 375 recognizance on the conditions that the assessment be completed 376 at the local mental health treatment center within 48 hours 377 after his or her release and that all treatment recommendations 378 be followed. 379 380 If the assessment under this paragraph results in an outpatient 381 treatment plan, and the defendant has not already been released, 382 the defendant may be released on his or her own recognizance on 383 the condition that all treatment recommendations must be 384 followed. The state attorney and the defense attorney must have 385 an opportunity to be heard before the court releases the 386 defendant. 387 (f)If the defendant is released from the custody of the 388 jail on pretrial release at any point before the completion of 389 the process in this section, evaluation or assessment of the 390 defendant under this section by a qualified mental health 391 professional may be initiated at any time by order of the court 392 at the request of the state attorney or the defense attorney, or 393 on the courts own motion. If this process results in the 394 creation of a discharge plan by a receiving facility or an 395 outpatient treatment plan by the local mental health treatment 396 center, the court may set as a condition of the defendants 397 continued pretrial release compliance with all of the terms of 398 the discharge plan or outpatient treatment plan. 399 (4)If a defendant has not been referred to the diversion 400 program under this section, the state attorney, the defense 401 attorney, or the court may, at any stage of the criminal 402 proceedings, request that the defendant be screened pursuant to 403 subsection (3) to determine if there is an indication of mental 404 illness. If the defendant is no longer in custody, the defendant 405 may be evaluated or assessed pursuant to paragraph (3)(f). 406 (5)Upon the defendants successful completion of all of 407 the treatment recommendations from any mental health evaluation 408 or assessment completed pursuant to this section, the state 409 attorney must consider dismissal of the charges. If dismissal is 410 deemed inappropriate by the state attorney, the state attorney 411 may consider referral of the defendants case to mental health 412 court or another available mental health diversion program. 413 (6)If the defendant fails to comply with any aspect of his 414 or her discharge or outpatient treatment plan under this 415 section, the court may exhaust therapeutic interventions aimed 416 at improving compliance before considering returning the 417 defendant to the jail. 418 Section 5.Section 916.136, Florida Statutes, is created to 419 read: 420 916.136Pretrial felony mental health diversion program. 421 (1)As used in this section, the term: 422 (a)Conviction means a determination of guilt that is the 423 result of a plea agreement, including a plea of nolo contendere, 424 or trial. For purposes of this section, a conviction does not 425 include an offense for which an adjudication of guilt was 426 withheld. 427 (b)Court means a circuit court or any court presiding 428 over felony violations under the laws of this state or any of 429 its political subdivisions. 430 (c)Defendant means a person who has been charged as an 431 adult by a law enforcement agency or a state attorney with a 432 felony of the second degree or felony of the third degree, and 433 who is eligible for the diversion program as provided in 434 subsection (3). 435 (d)Qualified mental health professional means a 436 physician, a physician assistant, a clinical psychologist, a 437 psychiatric nurse, an advanced practice registered nurse 438 registered under s. 464.0123, or a mental health counselor, a 439 marriage and family therapist, or a clinical social worker, as 440 those terms are defined in s. 394.455. 441 (2)A community desiring to establish a pretrial felony 442 mental health diversion program to divert clinically appropriate 443 defendants from jails to treatment is encouraged to apply for 444 the Criminal Justice, Mental Health, and Substance Abuse 445 Reinvestment Grant Program under s. 394.656 for the purpose of 446 obtaining funds to plan, implement, or expand such programs. 447 This section provides a model process for diverting such 448 defendants to treatment, but this process may be modified 449 according to each communitys particular resources. 450 (a)The local sheriffs department, the state attorney, the 451 public defender, the court, and local treatment providers may 452 collaborate to establish policies and procedures to meet the 453 specific needs of each community and to develop a form that a 454 defendant must sign to consent to treatment. 455 (b)A consent form must include the defendants consent to 456 treatment and to the release of any records necessary to 457 demonstrate compliance with and completion of treatment. 458 Additionally, such form must include that the defendant agrees 459 to waive his or her right to a speedy trial by participating in 460 the diversion program. A defendant must sign the consent form to 461 participate in the diversion program. 462 (3)A defendant may be eligible for the pretrial felony 463 mental health diversion program under this section if he or she 464 meets the following criteria: 465 (a)Has a mental illness; 466 (b)Has no more than three prior felony convictions in the 467 past 5 years; 468 (c)Is not charged with a violent felony; and 469 (d)Does not have a significant history of violence. 470 471 The state attorney has the sole discretion to determine a 472 defendants eligibility for the pretrial felony mental health 473 diversion program. Meeting the criteria in this subsection does 474 not guarantee eligibility. Additionally, the state attorney may, 475 in extenuating circumstances, waive the criteria in this 476 subsection if he or she finds that it is in the interest of 477 justice. 478 (4)At any stage in the pretrial process, the state 479 attorney may recommend that a defendant be screened using a 480 standardized, validated mental health screening instrument to 481 determine if there is an indication of mental illness. Such 482 screening may be completed by the jails corrections or medical 483 staff or by any qualified mental health professional. The 484 results of such screening must be forwarded to the state 485 attorney and the defense attorney. 486 (5)If there is an indication of mental illness, the state 487 attorney may consider an offer of pretrial felony mental health 488 diversion under this section. Entry into the diversion program 489 is voluntary, and the defendant must sign the consent form as 490 described in subsection (2) before participating in the program. 491 (6)Upon the defendant agreeing to participate in pretrial 492 felony mental health diversion under this section, the defendant 493 must be assessed for outpatient treatment by a local mental 494 health treatment center. This assessment may be completed: 495 (a)At the jail via telehealth assessment by the local 496 mental health treatment center; 497 (b)At the local mental health treatment center after the 498 sheriff or jail authorities transport the defendant to and from 499 the treatment center; or 500 (c)By releasing the defendant on his or her own 501 recognizance on the conditions that the assessment be completed 502 at the local mental health treatment center within 48 hours 503 after his or her release and that all treatment recommendations 504 be followed. 505 506 If the assessment under this subsection results in an outpatient 507 treatment plan, and the defendant has not already been released, 508 the defendant may be released on his or her own recognizance on 509 the condition that all treatment recommendations be followed. 510 (7)Upon the defendants successful completion of all 511 treatment recommendations from the mental health evaluation or 512 assessment completed pursuant to this section, the state 513 attorney must consider dismissal of the charges. 514 (8)If the defendant fails to comply with pretrial release 515 or with any aspect of his or her treatment plan under this 516 section, the state attorney may revoke the defendants 517 participation in the pretrial felony mental health diversion 518 program. 519 Section 6.Paragraph (a) of subsection (3) of section 520 916.185, Florida Statutes, is amended to read: 521 916.185Forensic Hospital Diversion Pilot Program. 522 (3)CREATION.There is authorized a Forensic Hospital 523 Diversion Pilot Program to provide competency-restoration and 524 community-reintegration services in either a locked residential 525 treatment facility when appropriate or a community-based 526 facility based on considerations of public safety, the needs of 527 the individual, and available resources. 528 (a)The department may implement a Forensic Hospital 529 Diversion Pilot Program modeled after the Miami-Dade Forensic 530 Alternative Center, taking into account local needs and 531 resources in Okaloosa County, in conjunction with the First 532 Judicial Circuit in Okaloosa County; in Duval County, in 533 conjunction with the Fourth Judicial Circuit in Duval County; in 534 Broward County, in conjunction with the Seventeenth Judicial 535 Circuit in Broward County; and in Miami-Dade County, in 536 conjunction with the Eleventh Judicial Circuit in Miami-Dade 537 County; and in Hillsborough County, in conjunction with the 538 Thirteenth Judicial Circuit in Hillsborough County. 539 Section 7.Section 945.093, Florida Statutes, is created to 540 read: 541 945.093Requirements for work assignments and programs.The 542 department shall evaluate, at a minimum, the physical and mental 543 health of each inmate eligible for a work assignment or 544 correctional work program and shall document approval of 545 eligibility before the inmate receives orders for the assignment 546 or program. The department may use discretion in determining 547 whether an inmate is appropriate for an assignment. 548 Section 8.Section 948.0395, Florida Statutes, is created 549 to read: 550 948.0395Probation conditions for defendants with mental 551 illness.A defendant who was adjudicated incompetent to proceed 552 due to a mental illness under chapter 916 and later regained 553 competency, and who is sentenced to a term of probation, must 554 have as a condition of such probation a mental health evaluation 555 and must follow all recommendations of the evaluation. 556 Section 9.Present subsection (4) of section 1004.649, 557 Florida Statutes, is redesignated as subsection (5), and a new 558 subsection (4) is added to that section, to read: 559 1004.649Northwest Regional Data Center. 560 (4)The Northwest Regional Data Center is the lead entity 561 responsible for creating, operating, and managing, including the 562 research conducted by, the Florida Behavioral Health Care Data 563 Repository as established by this subsection. 564 (a)The purpose of the data repository is to create a 565 centralized system for: 566 1.Collecting and analyzing existing statewide behavioral 567 health care data to: 568 a.Better understand the scope of and trends in behavioral 569 health services, spending, and outcomes to improve patient care 570 and enhance the efficiency and effectiveness of behavioral 571 health services; 572 b.Better understand the scope of, trends in, and 573 relationship between behavioral health, criminal justice, 574 incarceration, and the use of behavioral health services as a 575 diversion from incarceration for individuals with mental 576 illness; and 577 c.Enhance the collection and coordination of treatment and 578 outcome information as an ongoing evidence base for research and 579 education related to behavioral health. 580 2.Developing useful data analytics, economic metrics, and 581 visual representations of such analytics and metrics to inform 582 relevant state agencies and the Legislature of data and trends 583 in behavioral health. 584 (b)The Northwest Regional Data Center shall develop, in 585 collaboration with the Data Analysis Committee of the Commission 586 on Mental Health and Substance Use Disorder created under s. 587 394.9086 and with relevant stakeholders, a plan that includes 588 all of the following: 589 1.A project plan that describes the technology, 590 methodology, timeline, cost, and resources necessary to create a 591 centralized, integrated, and coordinated data system. 592 2.A proposed governance structure to oversee the 593 implementation and operations of the repository. 594 3.An integration strategy to incorporate existing data 595 from relevant state agencies, including, but not limited to, the 596 Agency for Health Care Administration, the Department of 597 Children and Families, the Department of Juvenile Justice, the 598 Office of the State Courts Administrator, and the Department of 599 Corrections. 600 4.Identification of relevant data and metrics to support 601 actionable information and ensure the efficient and responsible 602 use of taxpayer dollars within behavioral health systems of 603 care. 604 5.Data security requirements for the repository. 605 6.The structure and process that will be used to create an 606 annual analysis and report that gives state agencies and the 607 Legislature a better general understanding of trends and issues 608 in the states behavioral health systems of care and the trends 609 and issues in behavioral health systems related to criminal 610 justice treatment, diversion, and incarceration. 611 (c)By December 1, 2025, the Northwest Regional Data 612 Center, in collaboration with the Data Analysis Committee of the 613 Commission on Mental Health and Substance Use Disorder, shall 614 submit the developed plan for implementation and ongoing 615 operation with a proposed budget to the Governor, the President 616 of the Senate, and the Speaker of the House of Representatives 617 for review. 618 (d)Beginning December 1, 2026, and annually thereafter, 619 the Northwest Regional Data Center shall submit the developed 620 trends and issues report under subparagraph (b)6. to the 621 Governor, the President of the Senate, and the Speaker of the 622 House of Representatives. 623 Section 10.For the 2025-2026 fiscal year, the nonrecurring 624 sum of $229,840 and the recurring sum of $565,040 from the 625 General Revenue Fund is appropriated to the Northwest Regional 626 Data Center to implement the Florida Behavioral Health Care Data 627 Repository as created by this act. 628 Section 11.This act shall take effect October 1, 2025.