Nearly four million adults and two million children require medical mental services, and of these numbers, about two-thirds fail to receive proper care and treatment. Of the 18.3 million Florida residents, approximately 660,000 adults and 181,000 children are serious mental health patients, and suffer from a mental malady or condition of varying degrees. Despite these staggering numbers, Florida ranks 50th in the United States, in regards to mental health care. Florida only spends 1% of its state budget for mentally ill patients, which equates to about $40.00 per capita.
These statistics were utilized by Legislative delegate Jessica Vithayathil in her bill. Her bill hopes to amend section 916.105 in the Florida Statutes, and is among the several priorities listed for the 2014-2015 Legislative agenda. Vithayathil wants to increase mental health funding from the 1% it is currently at to 5% or higher. The bill will deal with mental illnesses, outpatient facilities, outpatient facility, residential mental health facilities, and forensic facilities. A mental illness is classified as a disorder that affects the patient’s mood, thinking, behavior. An outpatient facility is also known as an outpatient clinic, and is a hospital clinic. It is a facility that a mental health patient visits for diagnosis, but does not stay at overnight. A residential mental health facility provides fully integrated mental health treatment services to severely emotionally disturbed (SED) youth, ranging in ages between five and eighteen. Forensic facilities are separate and secure facilities that are established within a department or agency, dedicated to serve forensic clients. The facility is secured by means of a security grade building for the purpose of housing a patient with mental illness, separate from other patients. This facility also separates patients that have been involuntarily charged to the facility with the non-forensic residents.
The bill’s goal is to raise state funds from the current 1% to at least 5% and the bill provides guidelines, appropriations, enforcement, penalties, nullification, and an effective date for the amendment.
The Department of Children and Families and the Agency for Persons, whichever is more appropriate for the situation, will be responsible for appropriating, establishing, locating, and maintaining proper facilities if and when this bill is passed. These separate and secure forensic facilities will be utilized in the training and treatment of defendants charged with a felony who have been found to be incompetent due to mental illness. These facilities must be sufficient and capable of accommodating the defendants according to these guidelines. The facilities should be staffed with members responsible for security in order to best protect the defendant, personnel, other clients, and citizens.
This bill will cost 3.5% of the state’s budget, and an additional 2.5% more than the current 1% spent on mental health funding. The mental health facilities will be penalized if they do not follow the guidelines of this bill and do not properly utilize the funds. The penalty will be in the form of a fine, which will be 2% of the institution’s income. The Florida Departments of Children and Families will supervise the institutions and facilities and enforce the guidelines and the penalties. If and when this bill is passed, all laws and portions of laws that conflict with these guidelines will be null and void. This bill, if and when passed, will be effective by January of 2016.
The author of this bill, Jessica Vithayathil, believes the passing of her bill will also aid with the overpopulation of Florida's jails and prisons in the criminal justice system. Vithayathil stated that many mental health patients suffering with a severe bipolar disorder “end up clogging the criminal justice system, because of manic episodes that lead to arrests” and that tackling the problem at the root is a vital solution. Vithayathil has experience with various patients that have benefited from treatment at Peace River Center. Peace River Center is a private, not-for-profit, community mental health organization which provides behavioral health, substance abuse, domestic and sexual violence services and treatment in various counties of Florida. A professor from Florida Southern College spoke at the center about serving jail time for a manic episode and this made a lasting impression on Vithayathil and she believes that “mental health patients can be productive members of society as long as they receive proper treatment and medication”. About 20% of state jail prisoners and about 21% of local jail prisoners have a recent history of mental illnesses or conditions of varying degrees. About 70% of the youth in the juvenile justice system have at least one mental illness or condition. These numbers add up financially and take a toll on Florida’s economy. In 2010, one of Florida’s mental health institutions, the Vera Institute of Justice, reported its cost to be $2.08 million. That means that each inmate cost the state of Florida about $20,553 annually, in this institute alone.
Jessica Vithayathil’s bill will prove to be very effective and benefit Florida’s citizens, criminal justice system, and Florida’s economy. The passing of her bill will greatly impact and change many aspects for the state of Florida and doesn’t require much to be put into action.
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