TheJenniferAct.com

SENATE CONCURRENT
RESOLUTION No. 7 (THE JENNIFER ACT)
DIGEST OF INTRODUCED RESOLUTION
A CONCURRENT RESOLUTION urging the Commission on Mental Health and Addiction to examine the issue of involuntary commitment of persons with substance use disorders.
SENATOR VI SIMPSON
January 10, 2012, read first time and referred to Committee on Health and Provider Services
Introduced
Second Regular Session 117th General Assembly (2012)
SENATE CONCURRENT
RESOLUTION No. 7

A CONCURRENT RESOLUTION urging the Commission on Mental Health and Addiction to examine the issue of involuntary commitment of persons with substance use disorders.

Whereas, In 2008, the costs to corrections and the judiciary associated with substance use in Indiana were estimated to be $1.3 billion and the healthcare costs associated with substance use in Indiana were estimated to be $4.8 billion;

Whereas, In 2008, Indiana spent only $70 million to reduce substance use, including, prevention, intervention and research;

Whereas, Cost-benefit analyses of treatment programs show that every $1 spent on treatment results in an average of $7 saved in benefits. These benefits include increased employment, fewer medical expenses, and decreased crime and its related expenses;

Whereas, Over 80% of states’ corrections budgets are spent on adults who use substances;

Whereas, Community-based treatment is significantly less expensive than incarceration. Calculations from other states estimate an annual savings of nearly $20,000 per inmate;
Whereas, In 2010, approximately twenty-four thousand (24,000) Hoosiers were admitted to a substance abuse treatment program;

Whereas, Indiana code 12-23-11-1 provides that an individual who is an alcoholic, incapacitated by alcohol, or a drug abuser may be involuntarily committed to the care of the division for treatment;

Whereas, Many Hoosiers with substance use disorders are not aware of substance abuse treatment facility options, nor are their friends and family members;

Whereas, Further study is necessary to determine the reasons why more Hoosiers do not take advantage of treatment options including involuntary commitment: Therefore,

Be it resolved by the Senate of the General Assembly

of the State of Indiana, the House of Representatives concurring:

SECTION 1. The Commission on Mental Health and Addiction will examine the issue of involuntary commitment of persons with substance use disorders.
SECTION 2. (a) The Commission will examine whether:
(1) the involuntary commitment statute is underutilized,
(2) the state should inform the public, law enforcement, and the judiciary of the current Indiana laws on involuntary commitment, and
(3) the state has adequate resources to provide treatment for persons with substance use disorders.
(b) The Commission shall make recommendations in accordance with this section.

By Sharon Blair
A bill to be entitled: THE JENNIFER ACT (FLORIDA) Senate Bill 1744

An act relating to substance abuse treatment services; providing a short title; amending s. 28.241, F.S.; reducing the filing fee for involuntary admissions proceedings for substance abuse treatment; providing for the distribution of proceeds from the fee; amending ss. 397.6772, 397.6773, 397.6797, and 397.6798, F.S.; increasing the period allowed for assessment of a person following involuntary custody or admission to a hospital or other facility; conforming provisions; amending s. 397.754, F.S.; specifying requirements for initial processing of inmates by the Department of Corrections for substance abuse needs; providing that, to the fullest extent possible, inmates be given the choice between faith-based and non-faith-based substance abuse programs; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:
Section 1.This act may be cited as “The Jennifer Act.”
Section 2.Paragraph (a) of subsection (1) of section 28.241, Florida Statutes, is amended to read:
28.241Filing fees for trial and appellate proceedings.—

(1)(a)1.a.Except as provided in sub-subparagraphs sub-subparagraph b. and d. and subparagraph 2., the party instituting a any civil action, suit, or proceeding in the circuit court shall pay to the clerk of that court a filing fee of up to $395 in all cases in which there are up to not more than five defendants and an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $280 in filing fees, $80 shall must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $195 shall must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 shall must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services. One third of the any filing fees collected by the clerk of the circuit court in excess of $100 shall be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission.

b.The party instituting any civil action, suit, or proceeding in the circuit court under chapter 39, chapter 61, chapter 741, chapter 742, chapter 747, chapter 752, or chapter 753 shall pay to the clerk of that court a filing fee of up to $295 in all cases in which there are up to not more than five defendants and an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $180 in filing fees, $80 shall must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $95 shall must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 shall must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services.

c.An additional filing fee of $4 shall be paid to the clerk, of which. the clerk shall remit $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall remit 50 cents to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission to fund clerk education. An additional filing fee of up to $18 shall be paid by the party seeking each severance that is granted. The clerk may impose an additional filing fee of up to $85 for all proceedings of garnishment, attachment, replevin, and distress. Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties shall be paid by the party at whose instance service is made. No Additional fees, charges, or costs may not shall be added to the filing fees imposed under this section, except as authorized in this section or by general law.

d. The party instituting a civil action, suit, or proceeding in the circuit court under part V of chapter 397 shall pay to the clerk of that court a filing fee of up to $95 in all cases in which there are up to five defendants and an additional filing fee of up to $2.50 for each defendant in excess of five. The first $90 in filing fees shall be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 shall be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services.

2.a.Notwithstanding the fees prescribed in subparagraph 1., a party instituting a civil action in circuit court relating to real property or mortgage foreclosure must shall pay a graduated filing fee based on the value of the claim.

a.b.The A party shall estimate in writing the amount of the claim in controversy of the claim upon filing the action. For purposes of this subparagraph, the value of a mortgage foreclosure action is based upon the principal due on the note secured by the mortgage, plus interest owed on the note and any moneys advanced by the lender for property taxes, insurance, and other advances secured by the mortgage, at the time of filing the foreclosure. The value shall also includes include the value of any tax certificates related to the property. In stating the value of a mortgage foreclosure claim, the a party shall declare in writing the total value of the claim, as well as the individual elements of the value as prescribed in this sub-subparagraph.

b.c.In its order providing for the final disposition of the matter, the court shall identify the actual value of the claim. The clerk shall adjust the filing fee if there is a difference between the estimated amount in controversy and the actual value of the claim and collect any additional filing fee owed or provide a refund of excess filing fee paid.

c.d.The party shall pay a filing fee of:

(I)Three hundred and ninety-five dollars in all cases in which the value of the claim is $50,000 or less and in which there are not more than five defendants. The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $280 in filing fees, $80 shall must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $195 shall must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 shall must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services;

(II)Nine hundred dollars in all cases in which the value of the claim is more than $50,000 but less than $250,000 and in which there are not more than five defendants. The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $785 in filing fees, $80 shall must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $700 shall must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 shall must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission and used to fund the Florida Clerks of Court Operations Corporation described in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services; or

(III)One thousand nine hundred dollars in all cases in which the value of the claim is $250,000 or more and in which there are not more than five defendants. The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $1,785 in filing fees, $80 shall must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $1,700 shall must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $3.50 shall must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission to fund the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1.50 shall be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk budget reviews conducted by the Department of Financial Services.

d.e.An additional filing fee of $4 shall be paid to the clerk, of which. the clerk shall remit $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall remit 50 cents to the Department of Revenue for deposit into the Clerks of the Court Trust Fund within the Justice Administrative Commission to fund clerk education. An additional filing fee of up to $18 shall be paid by the party seeking each severance that is granted. The clerk may impose an additional filing fee of up to $85 for all proceedings of garnishment, attachment, replevin, and distress. Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties shall be paid by the party at whose instance service is made. No Additional fees, charges, or costs may not shall be added to the filing fees imposed under this section, except as authorized in this section or by general law.

Section 3.Subsection (1) of section 397.6772, Florida Statutes, is amended to read:

397.6772Protective custody without consent.—

(1)If a person in circumstances that which justify protective custody as described in s. 397.677 fails or refuses to consent to assistance and a law enforcement officer has determined that a hospital or a licensed detoxification or addictions receiving facility is the most appropriate place for the person, the officer may, after giving due consideration to the expressed wishes of the person:

(a)Take the person to a hospital or to a licensed detoxification or addictions receiving facility against the person’s will but without using unreasonable force; or

(b)In the case of an adult, detain the person for his or her own protection in a any municipal or county jail or other appropriate detention facility.

Such detention is not to be considered an arrest for any purpose, and no entry or other record may be made to indicate that the person has been detained or charged with any crime. The officer in charge of the detention facility must notify the nearest appropriate licensed service provider within the first 8 hours after detention that the person has been detained. It is the duty of The detention facility must to arrange, as necessary, for transportation of the person to an appropriate licensed service provider with an available bed. Persons taken into protective custody must be assessed by the attending physician within the 5-day 72-hour period and without unnecessary delay, to determine the need for further services.

Section 4.Section 397.6773, Florida Statutes, is amended to read:

397.6773Dispositional alternatives after protective custody.—

(1)An individual who is in protective custody must be released by a qualified professional if when:

(a)The individual no longer meets the involuntary admission criteria in s. 397.675(1);

(b)The 5-day 72-hour period has elapsed; or

(c)The individual has consented to remain voluntarily at the licensed service provider.

(2)An individual may only be retained in protective custody beyond the 5-day 72-hour period only if when a petition for involuntary assessment or treatment has been initiated. The timely filing of the petition authorizes the service provider to retain physical custody of the individual pending further order of the court.

Section 5.Section 397.6797, Florida Statutes, is amended to read:

397.6797Dispositional alternatives after emergency admission.—Within 5 days 72 hours after an emergency admission to a hospital, or a licensed detoxification or addictions receiving facility, or the individual must be assessed by the attending physician to determine the need for further services. Within 5 days after an emergency admission to a nonresidential component of a licensed service provider, the individual must be assessed by a qualified professional to determine the need for further services. Based upon that assessment, a qualified professional of the hospital, detoxification facility, or addictions receiving facility, or a qualified professional if a less restrictive component was used, must either:

(1)Release the individual and, if where appropriate, refer the individual to other needed services; or

(2)Retain the individual if when:

(a)The individual has consented to remain voluntarily at the licensed provider; or

(b)A petition for involuntary assessment or treatment has been initiated, the timely filing of which authorizes the service provider to retain physical custody of the individual pending further order of the court.

Section 6.Subsection (1) of section 397.6798, Florida Statutes, is amended to read:

397.6798Alternative involuntary assessment procedure for minors.—

(1)In addition to protective custody, emergency admission, and involuntary assessment and stabilization, an addictions receiving facility may admit a minor for involuntary assessment and stabilization upon the filing of an application to an addictions receiving facility by the minor’s parent, guardian, or legal custodian. The application must establish the need for involuntary assessment and stabilization based on the criteria for involuntary admission in s. 397.675. Within 5 days 72 hours after involuntary admission of a minor, the minor must be assessed to determine the need for further services. Assessments must be performed by a qualified professional. If, after the 5-day 72-hour period, it is determined by the attending physician that further services are necessary, the minor may be kept for a period of up to 5 days, inclusive of the 5-day 72-hour period.

Section 7.Subsections (1) and (2) of section 397.754, Florida Statutes, are amended to read:

397.754Duties and responsibilities of the Department of Corrections.—The Department of Corrections shall:

(1)To the fullest extent possible, provide inmates upon arrival at a department of Corrections reception center for initial processing with an assessment of substance abuse service needs, including drug testing and mental, physical, and emotional assessment by qualified professionals.

(2)Provide inmates who are admitted to inmate substance abuse services with an individualized treatment plan that which is developed on the basis of assessed need for services and that which includes measurable goals and specifies the types of services needed to meet those goals. In areas where both faith- and non-faith-based programs are available and to the fullest extent practicable, each inmate must be given the choice of a faith-based drug program or a non-faith-based program for rehabilitation and drug treatment.

Section 8.This act shall take effect July 1, 2012.

Today is Jennifer’s birthday. She would be 32 years old today.  She died January 15, 2009.  Today reminds me of a life so precious that ended on a very tragic note of an accidental overdose, a few short years ago.  She is missed greatly by her family on this day that we take time to remember Jennifer.  He spirit remains and her legacy is a reminder to all, that lives are so very precious.  In memory…..

No tears in Heaven….

There are no tears in Heaven

nor grief of any kind,

I leave this final teardrop

to those I left behind.

Though absent from the body,

I’m present with the Lord,

the joy of my salvation

is now my full reward

And just as God has promised,

He wiped my tears away,

and nothing can compare to

the wonder of that day.

So keep me in your memory

and know that up above

there are no tears in heaven,

instead there’s only Love.

Of all the oxycodone prescribed in America in the first half of last year, 98 percent was dispensed in Florida. According to the state medical examiner’s office, an average of seven Floridians die from prescription drug overdoses every day – more than from car accidents.

In recent years, Pinellas has lost more people to prescription drugs than any other county in the state – 249 just last year. That’s an increase of 60 over the year before.

“Everyone knows someone who has gone through this addiction and you just feel so helpless. It’s a horrible, vicious disease,” said Pinellas County sheriff’s spokeswoman Marianne Pasha.

“These aren’t Dumpster-diving drug addicts,” she said. “These people are getting their pills from doctors. It’s the person in line beside you at Publix, the woman next to you in the pew at church.”

Indiana- Scottsburg High School

December 8, 2011, 1:45 pm
Indiana- Scottsburg High School
Scottsburg High School
500 South Gardner Street
Scottsburg, IN

Today I partnered with NOPE TASK FORCE as a Guest Speaker for their presentation at Scottsburg Hogh School.   Sheriff Dan McClain (Scottsburg County), Co- Founder/ Director Karen Perry and myself all shared our real life testimonies and were very candid and open with the high school students.  They have had 17 drug related deaths this year in Scottsburg.  I pray we have given the students education and tools to stop and think and reach out for help and be a hero for someone who is using drugs and in need of help.

http://drdrew.blogs.cnn.com/2011/05/19/prescription-pills-killed-my-daughter/

Copy & Paste this link (above) to watch my interview with Dr. Drew on May 19, 2011.

“O Lord, do not forsake me; be not far from me, O my God. Come quickly to help me, O Lord, my Savior” (Psalm 38:21-22). Amen.

Spiritual Doubts

For those who have contacted me after the death of their child or family member…May GOD display to you HIS peace…. I know the intense pain of grief and sorrow and that of loss of a child.  I have met so many people from my website all across the U.S. who have also experienced the same thing.  I always recommend grief care, compassionate friends, hospice or another form of grief support.  It helps as you move though the process. My prayers are with you…..~ Sharon Blair (Jennifer’s mother)
The death of a loved one can leave you feeling spiritually off balance. Question God, but allow Him to work mightily in you.

Shelly’s teenage son appeared to be doing well when, unexpectedly, he committed suicide. She says, “I did go through one period where I was so upset that I probably had my faith shaken to the deepest that it has ever been shaken. I said, ‘Lord, it is not supposed to happen like this.’ We prayed for the prodigal return. We prayed for the change around. We prayed, and it was happening. And everything was going the way it should have. Hope was restored in our hearts, and then to have this happen.

“I can remember being upset to the point of saying, ‘Well, Lord, have we been believing all this in vain? Are You there, or is this just another myth like so many in our history have tried to create because they couldn’t understand why things happened the way they did?’ When I look over that period of questioning, I think that is probably what has caused me to grow and be so much greater a Christian.”

Your greatest spiritual growth comes through your questions and trials. You may not like a situation, but often you must accept it and seek growth, not stagnation.

Is God a myth? You will find the answer to this question is an unequivocal no. Allow Him to show you His glorious power and might.

“God of all grace, who called you to his eternal glory in Christ, after you have suffered a little while, will himself restore you and make you strong, firm and steadfast” (1 Peter 5:10).

Almighty God of the universe, forgive me when I limit You, doubt You, and expect You to fail me. I am so small compared to You, yet You love me more than I can comprehend. Amen.

Griefshare Devotional