Bill Text: FL S1736 | 2021 | Regular Session | Introduced
Bill Title: Mental Health Treatment and Examinations
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Judiciary [S1736 Detail]
Download: Florida-2021-S1736-Introduced.html
Florida Senate - 2021 SB 1736 By Senator Ausley 3-01240A-21 20211736__ 1 A bill to be entitled 2 An act relating to mental health treatment and 3 examinations; amending s. 394.459, F.S.; specifying 4 additional persons who may consent to mental health 5 treatment in certain circumstances; revising the 6 frequency with which the restriction on a patient’s 7 right to communicate or receive visitors must be 8 reviewed; amending s. 394.4599, F.S.; authorizing a 9 receiving facility to seek assistance from a mobile 10 crisis response team for certain purposes; amending s. 11 394.462, F.S.; authorizing counties to use mobile 12 crisis response teams for certain purposes; deleting a 13 requirement that a receiving facility provide 14 examination and treatment to a felony arrestee who 15 appears to meet the criteria for involuntary 16 examination or placement at the place where he or she 17 is held; amending s. 394.463, F.S.; revising criteria 18 for involuntary examination; authorizing, rather than 19 requiring, an officer to take a person who appears to 20 meet the criteria for involuntary examination into 21 custody and deliver the person to a receiving 22 facility; revising standards for the use of physical 23 force and restraint in taking custody of persons 24 subject to ex parte orders; revising provisions on 25 return of firearms to persons after confiscation; 26 providing for release of certain persons to behavioral 27 health diversion programs; amending s. 394.4655, F.S.; 28 revising who may testify as to a patient’s history in 29 considering criteria for involuntary outpatient 30 services; amending s. 394.4573, F.S.; specifying that 31 recovery support services include access to certified 32 peer specialists; amending s. 394.496, F.S.; deleting 33 physicians from the list of professionals required to 34 develop service plans; amending s. 951.23, F.S.; 35 defining the term “inmate”; specifying rights to 36 treatment of persons in county and municipal detention 37 facilities; providing for such treatment; providing an 38 effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Paragraph (a) of subsection (3) and paragraph 43 (c) of subsection (5) of section 394.459, Florida Statutes, are 44 amended to read: 45 394.459 Rights of patients.— 46 (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.— 47 (a)1. Each patient entering treatment shall be asked to 48 give express and informed consent for admission or treatment. If 49 the patient has been adjudicated incapacitated or found to be 50 incompetent to consent to treatment, express and informed 51 consent to treatment shall be sought instead from the patient’s 52 guardian,orguardian advocate, health care surrogate, 53 representative, or proxy. If the patient is a minor, express and 54 informed consent for admission or treatment shall also be 55 requested from the patient’s guardian. Express and informed 56 consent for admission or treatment of a patient under 18 years 57 of age shall be required from the patient’s guardian, unless the 58 minor is seeking outpatient crisis intervention services under 59 s. 394.4784. Express and informed consent for admission or 60 treatment given by a patient who is under 18 years of age shall 61 not be a condition of admission when the patient’s guardian 62 gives express and informed consent for the patient’s admission 63 pursuant to s. 394.463 or s. 394.467. 64 2. Before giving express and informed consent, the 65 following information shall be provided and explained in plain 66 language to the patient;, orto the patient’s guardian if the 67 patient is 18 years of age or older and has been adjudicated 68 incapacitated;, orto the patient’s guardian advocate if the 69 patient has been found to be incompetent to consent to 70 treatment; or to the patient’s health care surrogate, 71 representative, or proxy,ortoboth the patient and the 72 guardian if the patient is a minor: 73 a. The reason for admission or treatment.;74 b. The proposed treatment.;75 c. The purpose of the treatment to be provided.;76 d. The common risks, benefits, and side effects thereof.;77 e. The specific dosage range for the medication, when 78 applicable.;79 f. Alternative treatment modalities.;80 g. The approximate length of care.;81 h. The potential effects of stopping treatment.;82 i. How treatment will be monitored.; and83 j. That any consent given for treatment may be revoked 84 orally or in writing before or during the treatment period by 85 the patient or by a person who is legally authorized to make 86 health care decisions on behalf of the patient. 87 (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.— 88 (c) Each facility must permit immediate access to any 89 patient, subject to the patient’s right to deny or withdraw 90 consent at any time, by the patient’s family members, guardian, 91 guardian advocate, representative, Florida statewide or local 92 advocacy council, or attorney, unless such access would be 93 detrimental to the patient. If a patient’s right to communicate 94 or to receive visitors is restricted by the facility, written 95 notice of such restriction and the reasons for the restriction 96 shall be served on the patient, the patient’s attorney, and the 97 patient’s guardian, guardian advocate, or representative; and 98 such restriction shall be recorded on the patient’s clinical 99 record with the reasons therefor. The restriction of a patient’s 100 right to communicate or to receive visitors shall be reviewed at 101 least every 24 hours7 days. The right to communicate or receive 102 visitors shall not be restricted as a means of punishment. 103Nothing inThis paragraph does notshall be construed tolimit 104 the provisions of paragraph (d). 105 Section 2. Paragraph (c) of subsection (2) of section 106 394.4599, Florida Statutes, is amended to read: 107 394.4599 Notice.— 108 (2) INVOLUNTARY ADMISSION.— 109 (c)1. A receiving facility shall give notice of the 110 whereabouts of a minor who is being involuntarily held for 111 examination pursuant to s. 394.463 to the minor’s parent, 112 guardian, caregiver, or guardian advocate, in person or by 113 telephone or other form of electronic communication, immediately 114 after the minor’s arrival at the facility. The facility may 115 delay notification for no more than 24 hours after the minor’s 116 arrival if the facility has submitted a report to the central 117 abuse hotline, pursuant to s. 39.201, based upon knowledge or 118 suspicion of abuse, abandonment, or neglect and if the facility 119 deems a delay in notification to be in the minor’s best 120 interest. 121 2. The receiving facility shall attempt to notify the 122 minor’s parent, guardian, caregiver, or guardian advocate until 123 the receiving facility receives confirmation from the parent, 124 guardian, caregiver, or guardian advocate, verbally, by 125 telephone or other form of electronic communication, or by 126 recorded message, that notification has been received. Attempts 127 to notify the parent, guardian, caregiver, or guardian advocate 128 must be repeated at least once every hour during the first 12 129 hours after the minor’s arrival and once every 24 hours 130 thereafter and must continue until such confirmation is 131 received, unless the minor is released at the end of the 72-hour 132 examination period, or until a petition for involuntary services 133 is filed with the court pursuant to s. 394.463(2)(g). The 134 receiving facility may seek assistance from a law enforcement 135 agency or a mobile crisis response team to notify the minor’s 136 parent, guardian, caregiver, or guardian advocate if the 137 facility has not received within the first 24 hours after the 138 minor’s arrival a confirmation by the parent, guardian, 139 caregiver, or guardian advocate that notification has been 140 received. The receiving facility must document notification 141 attempts in the minor’s clinical record. 142 Section 3. Paragraphs (a), (b), (f), (h), (k), and (l) 143 subsection (1) of section 394.462, Florida Statutes, are amended 144 to read: 145 394.462 Transportation.—A transportation plan shall be 146 developed and implemented by each county in collaboration with 147 the managing entity in accordance with this section. A county 148 may enter into a memorandum of understanding with the governing 149 boards of nearby counties to establish a shared transportation 150 plan. When multiple counties enter into a memorandum of 151 understanding for this purpose, the counties shall notify the 152 managing entity and provide it with a copy of the agreement. The 153 transportation plan shall describe methods of transport to a 154 facility within the designated receiving system for individuals 155 subject to involuntary examination under s. 394.463 or 156 involuntary admission under s. 397.6772, s. 397.679, s. 157 397.6798, or s. 397.6811, and may identify responsibility for 158 other transportation to a participating facility when necessary 159 and agreed to by the facility. The plan may rely on emergency 160 medical transport services or private transport companies, as 161 appropriate. The plan shall comply with the transportation 162 provisions of this section and ss. 397.6772, 397.6795, 397.6822, 163 and 397.697. 164 (1) TRANSPORTATION TO A RECEIVING FACILITY.— 165 (a) Each county shall designate a single law enforcement 166 agency or contract with a mobile crisis response team within the 167 county, or portions thereof, to take a person into custody upon 168 the entry of an ex parte order or the execution of a certificate 169 for involuntary examination by an authorized professional and to 170 transport that person to the appropriate facility within the 171 designated receiving system pursuant to a transportation plan. 172 (b)1. The designated law enforcement agency or contracted 173 mobile crisis response team may decline to transport the person 174 to a receiving facility only if: 175 a. The jurisdiction designated by the county has contracted 176 on an annual basis with an emergency medical transport service 177 or private transport company for transportation of persons to 178 receiving facilities pursuant to this section at the sole cost 179 of the county; and 180 b. The law enforcement agency or contracted mobile crisis 181 response team and the emergency medical transport service or 182 private transport company agree that the continued presence of 183 law enforcement personnel is not necessary for the safety of the 184 person or others. 185 2. The entity providing transportation may seek 186 reimbursement for transportation expenses. The party responsible 187 for payment for such transportation is the person receiving the 188 transportation. The county shall seek reimbursement from the 189 following sources in the following order: 190 a. From a private or public third-party payor, if the 191 person receiving the transportation has applicable coverage. 192 b. From the person receiving the transportation. 193 c. From a financial settlement for medical care, treatment, 194 hospitalization, or transportation payable or accruing to the 195 injured party. 196 (f) When a member of a mental health overlay program or a 197 mobile crisis response service is a professional authorized to 198 initiate an involuntary examination pursuant to s. 394.463 or s. 199 397.675 and that professional evaluates a person and determines 200 that transportation to a receiving facility is needed, the 201 service, at its discretion, may transport the person to the 202 facility or may call on the law enforcement agency, contracted 203 mobile crisis response team, or other transportation arrangement 204 best suited to the needs of the patient. 205 (h) When any law enforcement officer has arrested a person 206 for a felony and it appears that the person meets the statutory 207 guidelines for involuntary examination or placement under this 208 part, such person must first be processed in the same manner as 209 any other criminal suspect. The law enforcement agency shall 210 thereafter immediately notify the appropriate facility within 211 the designated receiving system pursuant to a transportation 212 plan. The receiving facility shall be responsible for promptly 213 arranging for the examination and treatment of the person. A 214 receiving facility is not required to admit a person charged 215 with a crime for whom the facility determines and documents that 216 it is unable to provide adequate security, but shall provide217examination and treatment to the person where he or she is held. 218 (k) The appropriate facility within the designated 219 receiving system pursuant to a transportation plan must accept 220 persons brought by law enforcement officers, a mobile crisis 221 response team, or an emergency medical transport service or a 222 private transport company authorized by the county, for 223 involuntary examination pursuant to s. 394.463. 224 (l) The appropriate facility within the designated 225 receiving system pursuant to a transportation plan must provide 226 persons brought by law enforcement officers, a mobile crisis 227 response team, or an emergency medical transport service or a 228 private transport company authorized by the county, pursuant to 229 s. 397.675, a basic screening or triage sufficient to refer the 230 person to the appropriate services. 231 Section 4. Paragraph (b) of subsection (1) and paragraphs 232 (a), (c), (d), and (g) of subsection (2) of section 394.463, 233 Florida Statutes, are amended to read: 234 394.463 Involuntary examination.— 235 (1) CRITERIA.—A person may be taken to a receiving facility 236 for involuntary examination if there is reason to believe that 237 the person has a mental illness and because of his or her mental 238 illness: 239 (b)1. Without care or treatment, the person is likely to 240 suffer from neglect or refuse to care for himself or herself; 241 such neglect or refusal poses a real and present threat of 242 substantial harm to his or her well-being; and it is not 243 apparent that such harm may be avoided through the help of 244 willing, able, and responsible family members or friends or the 245 provision of other services; or 246 2. There is a substantial likelihood that in the near 247 future and without care or treatment the person will inflict 248 seriouscause serious bodilyharm to selfhimself or herselfor 249 othersin the near future, as evidenced by recent behavior 250 causing, attempting to cause, or threatening such harm, such as 251 causing significant property damage. 252 (2) INVOLUNTARY EXAMINATION.— 253 (a) An involuntary examination may be initiated by any one 254 of the following means: 255 1. A circuit or county court may enter an ex parte order 256 stating that a person appears to meet the criteria for 257 involuntary examination and specifying the findings on which 258 that conclusion is based. The ex parte order for involuntary 259 examination must be based on written or oral sworn testimony 260 that includes specific facts that support the findings. If other 261 less restrictive means are not available, such as voluntary 262 appearance for outpatient evaluation, a law enforcement officer, 263 or other designated agent of the court, shall take the person 264 into custody and deliver him or her to an appropriate, or the 265 nearest, facility within the designated receiving system 266 pursuant to s. 394.462 for involuntary examination. The order of 267 the court shall be made a part of the patient’s clinical record. 268 A fee may not be charged for the filing of an order under this 269 subsection. A facility accepting the patient based on this order 270 must send a copy of the order to the department within 5 working 271 days. The order may be submitted electronically through existing 272 data systems, if available. The order shall be valid only until 273 the person is delivered to the facility or for the period 274 specified in the order itself, whichever comes first. If a time 275 limit is not specified in the order, the order is valid for 7 276 days after the date that the order was signed. 277 2. A law enforcement officer mayshalltake a person who 278 appears to meet the criteria for involuntary examination into 279 custody and deliver the person or have him or her delivered to 280 an appropriate, or the nearest, facility within the designated 281 receiving system pursuant to s. 394.462 for examination. The 282 officer shall execute a written report detailing the 283 circumstances under which the person was taken into custody, 284 which must be made a part of the patient’s clinical record. Any 285 facility accepting the patient based on this report must send a 286 copy of the report to the department within 5 working days. 287 3. A physician, a clinical psychologist, a psychiatric 288 nurse, an advanced practice registered nurse registered under s. 289 464.0123, a mental health counselor, a marriage and family 290 therapist, or a clinical social worker may execute a certificate 291 stating that he or she has examined a person within the 292 preceding 48 hours and finds that the person appears to meet the 293 criteria for involuntary examination and stating the 294 observations upon which that conclusion is based. If other less 295 restrictive means, such as voluntary appearance for outpatient 296 evaluation, are not available, a law enforcement officer shall 297 take into custody the person named in the certificate and 298 deliver him or her to the appropriate, or nearest, facility 299 within the designated receiving system pursuant to s. 394.462 300 for involuntary examination. The law enforcement officer shall 301 execute a written report detailing the circumstances under which 302 the person was taken into custody. The report and certificate 303 shall be made a part of the patient’s clinical record. Any 304 facility accepting the patient based on this certificate must 305 send a copy of the certificate to the department within 5 306 working days. The document may be submitted electronically 307 through existing data systems, if applicable. 308 309 When sending the order, report, or certificate to the 310 department, a facility shall, at a minimum, provide information 311 about which action was taken regarding the patient under 312 paragraph (g), which information shall also be made a part of 313 the patient’s clinical record. 314 (c) A law enforcement officer acting in accordance with an 315 ex parte order issued pursuant to this subsection may: 316 1. Serve and execute such order on any day of the week, at 317 any time of the day or night; and 318 2. Use such reasonable physical force as is necessary to 319 gain entry to the premises, and any dwellings, buildings, or 320 other structures located on the premises, and take custody of 321 the person who is the subject of the ex parte order. Physical 322 force should not be used in executing an ex parte order unless 323 the person executing the order reasonably believes that there is 324 imminent danger or harm to himself or herself, to the person who 325 is the subject of the order, or to others present. If physical 326 force is used, the least amount of physical force should be 327 used, including refraining from using handcuffs if the person 328 can be safely transported without them. IfWhen practicable,a 329 law enforcement officer is assigned to serve and execute the ex 330 parte order, he or she shall have received 40 hours ofwho has331receivedcrisis intervention team (CIT) training through the 332 Memphis Model or its equivalent within the preceding 5 calendar 333 years. The court may also designate another agent to serve and 334 execute the ex parte ordershall be assigned to serve and335execute the ex parte order. 336 (d)1. A law enforcement officer taking custody of a person 337 under this subsection may seize and hold a firearm or any 338 ammunition the person possesses at the time of taking him or her 339 into custody if the person poses a potential danger to himself 340 or herself or others and has made a credible threat of violence 341 against another person. 342 2. If the law enforcement officer takes custody of the 343 person at the person’s residence and the criteria in 344 subparagraph 1. have been met, the law enforcement officer may 345 seek the voluntary surrender of firearms or ammunition kept in 346 the residence which have not already been seized under 347 subparagraph 1. If such firearms or ammunition are not 348 voluntarily surrendered, or if the person has other firearms or 349 ammunition that were not seized or voluntarily surrendered when 350 he or she was taken into custody, a law enforcement officer may 351 petition the appropriate court under s. 790.401 for a risk 352 protection order against the person. 353 3. Firearms or ammunition seized or voluntarily surrendered 354 under this paragraph must be made available for return no later 355 than 24 hours after the person taken into custody can document 356 that he or she is no longer subject to involuntary examination 357 and has been released or discharged from any inpatient or 358 involuntary outpatient treatment provided or ordered under 359 paragraph (g), unless a risk protection order entered under s. 360 790.401 directs the law enforcement agency to hold the firearms 361 or ammunition for a longer period or the person is subject to a 362 firearm purchase disability under s. 790.065(2), or a firearm 363 possession and firearm ownership disability under s. 790.064. 364 The process for the actual return of firearms or ammunition 365 seized or voluntarily surrendered under this paragraph may not 366 take longer than 7 days, unless a behavioral health professional 367 who has conducted a current mental health assessment of the 368 person certifies that there is substantial likelihood that in 369 the near future, the person will inflict serious bodily harm on 370 self or others, as evidenced by recent behavior causing, 371 attempting, or threatening such harm. 372 4. Law enforcement agencies must develop policies and 373 procedures relating to the seizure, storage, and return of 374 firearms or ammunition held under this paragraph. 375 (g) The examination period must be for up to 72 hours. For 376 a minor, the examination shall be initiated within 12 hours 377 after the patient’s arrival at the facility. Within the 378 examination period or, if the examination period ends on a 379 weekend or holiday, no later than the next working day 380 thereafter, one of the following actions must be taken, based on 381 the individual needs of the patient: 382 1. The patient shall be released, unless he or she is 383 charged with a crime, in which case the patient shall be 384 returned to the custody of a law enforcement officer, unless a 385 court has adjudicated and assigned the patient into a behavioral 386 health diversion treatment program, in which case the patient 387 will be sent to the determined location for the diversion 388 treatment program; 389 2. The patient shall be released, subject to subparagraph 390 1., for voluntary outpatient treatment; 391 3. The patient, unless he or she is charged with a crime, 392 shall be asked to give express and informed consent to placement 393 as a voluntary patient and, if such consent is given, the 394 patient shall be admitted as a voluntary patient; or 395 4. A petition for involuntary services shall be filed in 396 the circuit court if inpatient treatment is deemed necessary or 397 with the criminal county court, as defined in s. 394.4655(1), as 398 applicable. When inpatient treatment is deemed necessary, the 399 least restrictive treatment consistent with the optimum 400 improvement of the patient’s condition shall be made available. 401 When a petition is to be filed for involuntary outpatient 402 placement, it shall be filed by one of the petitioners specified 403 in s. 394.4655(4)(a). A petition for involuntary inpatient 404 placement shall be filed by the facility administrator. 405 Section 5. Paragraph (g) of subsection (2) of section 406 394.4655, Florida Statutes, is amended to read: 407 394.4655 Involuntary outpatient services.— 408 (2) CRITERIA FOR INVOLUNTARY OUTPATIENT SERVICES.—A person 409 may be ordered to involuntary outpatient services upon a finding 410 of the court, by clear and convincing evidence, that the person 411 meets all of the following criteria: 412 (g)1. In view of the person’s treatment history and current 413 behavior, the person is in need of involuntary outpatient 414 services in order to prevent a relapse or deterioration that 415 would be likely to result in serious bodily harm to himself or 416 herself or others, or a substantial harm to his or her well 417 being as set forth in s. 394.463(1). 418 2. The consideration of the person’s history must include 419 testimony from family members, should they desire to testify, as 420 well as testimony by other individuals deemed by the court to be 421 relevant under state law, regarding the person’s prior history 422 and how that prior history relates to the person’s current 423 condition. 424 Section 6. Paragraph (l) of subsection (2) of section 425 394.4573, Florida Statutes, is amended to read: 426 394.4573 Coordinated system of care; annual assessment; 427 essential elements; measures of performance; system improvement 428 grants; reports.—On or before December 1 of each year, the 429 department shall submit to the Governor, the President of the 430 Senate, and the Speaker of the House of Representatives an 431 assessment of the behavioral health services in this state. The 432 assessment shall consider, at a minimum, the extent to which 433 designated receiving systems function as no-wrong-door models, 434 the availability of treatment and recovery services that use 435 recovery-oriented and peer-involved approaches, the availability 436 of less-restrictive services, and the use of evidence-informed 437 practices. The assessment shall also consider the availability 438 of and access to coordinated specialty care programs and 439 identify any gaps in the availability of and access to such 440 programs in the state. The department’s assessment shall 441 consider, at a minimum, the needs assessments conducted by the 442 managing entities pursuant to s. 394.9082(5). Beginning in 2017, 443 the department shall compile and include in the report all plans 444 submitted by managing entities pursuant to s. 394.9082(8) and 445 the department’s evaluation of each plan. 446 (2) The essential elements of a coordinated system of care 447 include: 448 (l) Recovery support, including, but not limited to, 449 support for competitive employment, educational attainment, 450 independent living skills development, family support and 451 education, wellness management and self-care, access to support 452 services provided by a certified peer specialist, and assistance 453 in obtaining housing that meets the individual’s needs. Such 454 housing may include mental health residential treatment 455 facilities, limited mental health assisted living facilities, 456 adult family care homes, and supportive housing. Housing 457 provided using state funds must provide a safe and decent 458 environment free from abuse and neglect. 459 Section 7. Subsection (5) of section 394.496, Florida 460 Statutes, is amended to read: 461 394.496 Service planning.— 462 (5) A professional as defined in s. 394.455(5), (7),(33),463 (36), or (37) or a professional licensed under chapter 491 must 464 be included among those persons developing the services plan. 465 Section 8. Paragraphs (d), (e), and (f) of subsection (1) 466 of section 951.23, Florida Statutes, are redesignated as 467 paragraphs (e), (f), and (g), respectively, and a new paragraph 468 (d) is added to that subsection and subsections (12) through 469 (16) are added to that section, to read: 470 951.23 County and municipal detention facilities; 471 definitions; administration; standards and requirements.— 472 (1) DEFINITIONS.—As used in this section, the term: 473 (d) As used in subsections (14) through (16), the term 474 “inmate” has the same meaning as the term “county prisoner.” 475 (12) RIGHT TO QUALITY TREATMENT.—An inmate in a 476 correctional facility has the right to receive treatment that is 477 suited to his or her needs and that is provided in a humane 478 environment. Such treatment shall be administered skillfully, 479 safely, and humanely with respect for the inmate’s dignity and 480 personal integrity. 481 (13) RIGHT TO EXPRESS AND INFORMED CONSENT.— 482 (a) Unless it is determined that there is a guardian with 483 the authority to consent to medical treatment, an inmate 484 provided psychiatric treatment within a county detention 485 facility shall be asked to give his or her express and informed 486 written consent for such treatment. 487 (b) As used in this subsection, the terms “express and 488 informed written consent” or “consent” mean consent voluntarily 489 given in writing after a conscientious and sufficient 490 explanation and disclosure of the purpose of the proposed 491 treatment; the common side effects of the treatment, if any; the 492 expected duration of the treatment; and any alternative 493 treatment available. The explanation shall enable the inmate to 494 make a knowing and willful decision without any element of 495 fraud, deceit, or duress or any other form of constraint or 496 coercion. 497 (14) INVOLUNTARY TREATMENT OF INMATES; APPOINTMENT OF 498 COUNSEL.—Involuntary treatment of an inmate who refuses 499 treatment and is unable to be transported to a receiving 500 facility may be provided at a county detention facility if 501 deemed necessary for the appropriate care of the inmate and the 502 safety of the inmate or others. Except as provided in 503 subsections (15) and (16), an inmate confined in a county 504 detention facility may not be administered any psychiatric 505 medication without his or her prior informed consent. The inmate 506 shall be provided with a copy of the petition described in 507 paragraph (15)(a) along with the proposed treatment; the basis 508 for the proposed treatment; the names of the experts; and the 509 date, time, and location of the hearing. The inmate may have an 510 attorney represent him or her at the hearing. If the inmate is 511 indigent, the court shall appoint the public defender in the 512 county in which the inmate is held to represent the inmate who 513 is the subject of the petition within 1 court working day after 514 the filing of a petition for involuntary treatment, unless the 515 inmate is otherwise represented by counsel. The clerk of the 516 court in the county in which the inmate is held shall 517 immediately notify the public defender of such appointment. An 518 attorney representing the inmate shall have access to the inmate 519 and any records, including medical or mental health records, 520 which are relevant to the representation of the inmate. 521 (15) PROCEDURES FOR INVOLUNTARY TREATMENT OF AN INMATE.— 522 (a) A county detention facility may petition the circuit 523 court for an order for involuntary treatment if all of the 524 following conditions have been met: 525 1. A psychiatrist, psychologist, psychiatric nurse 526 practitioner, or licensed mental health professional has 527 determined that the inmate has a serious mental illness. 528 2. A psychiatrist or psychiatric nurse practitioner has 529 determined that, as a result of that mental illness, the inmate 530 does not have the capacity to refuse treatment with psychiatric 531 medications, or is a danger to self or others. 532 3. A psychiatrist or psychiatric nurse practitioner has 533 prescribed one or more psychiatric medications for the treatment 534 of the inmate’s illness, has considered the risks, benefits, and 535 treatment alternatives to involuntary medication, and has 536 determined that the treatment alternatives to involuntary 537 medication are unlikely to meet the needs of the inmate. 538 4. The inmate has been advised of the risks and benefits 539 of, and treatment alternatives to, the psychiatric medication 540 and refuses, or is unable to consent to, the administration of 541 the medication. 542 5. The county detention facility has made a documented 543 attempt to locate an available bed for the inmate in a receiving 544 facility in lieu of seeking to administer involuntary 545 medication. 546 6. The inmate is provided a hearing before the circuit 547 court, or court-appointed general magistrate or hearing officer 548 in the county in which the inmate is held. If the inmate is in 549 custody awaiting trial, any hearing pursuant to this section 550 shall be held before a circuit court judge. 551 7. A copy of the petition and written notice has been 552 issued at least 5 days before the hearing which: 553 a. Sets forth the diagnosis, the factual basis for the 554 diagnosis, the basis upon which psychiatric medication is 555 recommended, the expected benefits of the medication, and any 556 potential side effects or risks to the inmate from the 557 medication. 558 b. Advises the inmate of the right to be present at the 559 hearing, the right to be represented by counsel at all stages of 560 the proceedings, the right to present evidence, and the right to 561 cross-examine witnesses. 562 c. Informs the inmate of his or her right to appeal any 563 determination of the circuit court, and his or her right to file 564 a petition for writ of habeas corpus with respect to any 565 findings of the circuit court or court-appointed magistrate if 566 involuntary treatment is authorized. 567 (b) The court shall hold the hearing on involuntary 568 treatment within 5 court working days. The court may appoint a 569 general or special magistrate to preside. Except for good cause 570 documented in the court file, the hearing must occur in the 571 county in which the inmate is held, must be as convenient to the 572 inmate as is consistent with orderly procedure, and shall be 573 conducted in physical settings not likely to be injurious to the 574 inmate’s condition. If the court finds that the inmate’s 575 attendance at the hearing is not consistent with the best 576 interests of the inmate, and the inmate’s counsel does not 577 object, the court may waive the presence of the inmate from all 578 or any portion of the hearing. The inmate may testify or not, as 579 he or she chooses, may cross-examine witnesses testifying on 580 behalf of the county detention facility, and may present his or 581 her own witnesses. 582 (c)1. At the hearing on the issue of whether the court 583 should authorize treatment for which an inmate has refused to 584 give express and informed consent, the court shall determine by 585 clear and convincing evidence whether: 586 a. The inmate has a serious mental illness. 587 b. Such treatment is essential to the care of the inmate. 588 c. The treatment is experimental or presents an 589 unreasonable risk of hazardous or irreversible side effects. 590 2. In arriving at the substitute judgment decision, the 591 court must consider at least the following: 592 a. The inmate’s expressed preference regarding treatment. 593 b. The prognosis for the inmate without treatment. 594 c. The prognosis for the inmate with treatment. 595 (d) The historical course of the inmate’s mental illness, 596 as determined by available relevant information about the course 597 of the inmate’s mental illness, shall be considered when it has 598 direct bearing on the determination of whether the inmate is a 599 danger to self or others, or is incompetent to refuse medication 600 as the result of a mental illness. 601 (e) If the court concludes that the inmate meets the 602 criteria for involuntary treatment, it may issue an order 603 authorizing such treatment for a period not to exceed 90 days 604 after the date of the order. 605 (f) An inmate is entitled to file one motion for 606 reconsideration following a determination that he or she may 607 receive involuntary medication, and may seek a hearing to 608 present new evidence, upon good cause shown. This paragraph does 609 not prevent a court from reviewing, modifying, or terminating an 610 involuntary medication order for an inmate, if there is a 611 showing that the involuntary medication is interfering with the 612 inmate’s due process rights in the criminal proceeding for which 613 he or she is held. 614 (g) Any determination of an inmate’s incapacity to refuse 615 treatment with antipsychotic medication made under this section 616 shall remain in effect only until one of the following occurs, 617 whichever is first: 618 1. The duration of the inmate’s confinement ends; 619 2. The petitioner files a certification of person’s 620 competence to provide express and informed consent; 621 3. A court determines that the inmate no longer meets the 622 criteria for involuntary treatment; or 623 4. A court issues any other order terminating the order. 624 (h) This subsection does not prohibit a physician from 625 taking appropriate action in an emergency pursuant to an 626 emergency treatment order. 627 (16) PROCEDURES FOR PETITIONS FOR CONTINUED INVOLUNTARY 628 TREATMENT OF AN INMATE.— 629 (a) A copy of a subsequent petition to renew or continue 630 involuntary treatment of an inmate shall be provided to the 631 inmate and the inmate’s attorney. In determining whether the 632 criteria for involuntary medication still exists, the court 633 shall consider the petition and underlying affidavit of the 634 psychiatrist or psychiatrists and any supplemental information 635 provided by the inmate’s attorney. The court may also require 636 the testimony from the psychiatrist, if necessary. The court, at 637 a subsequent hearing, may continue the order authorizing 638 involuntary medication, vacate the order, or make any other 639 appropriate order. 640 (b) The request to renew or continue the order shall be 641 filed and served no later than 14 days before the expiration of 642 the current order authorizing involuntary medication. 643 (c) The inmate shall be entitled to, and shall be given, 644 the same due process protections as provided in subsections (14) 645 and (15). 646 (d) An order renewing or continuing an existing order shall 647 be granted based on clear and convincing evidence that the 648 inmate has a serious mental illness that requires treatment with 649 psychiatric medication, and that, but for the medication, the 650 inmate would revert to the behavior that was the basis for the 651 prior order authorizing involuntary medication, coupled with 652 evidence that the inmate lacks insight regarding his or her need 653 for the medication. No new acts need be alleged or proven to 654 renew or continue an existing order. 655 (e) The hearing on any petition to renew or continue an 656 order for involuntary medication shall be conducted before the 657 expiration of the current order. 658 Section 9. This act shall take effect July 1, 2021.