JENNIFER ACT STILL WORTH FIGHTING FOR
Guest Column- Bloomington Herald Times Newspaper
I am a Bloomington resident who has worked very hard to improve Indiana laws to aid families who are in a crisis of substance addiction. I drafted The Jennifer Act [proposed bill] for Indiana and Florida after the accidental death of my precious daughter, Jennifer Reynolds, January 15, 2009. The Jennifer Act has been introduced for 3 years into the Indiana General Assembly by State Senator Vi Simpson.
In 2010, The Jennifer Act was introduced as Indiana Senate Bill 380, in 2011 it was introduced as Indiana Senate Bill 22 and in 2012, it has been introduced as Indiana [SCR 0007] Senate ConCurrent Resolution No. 007. As I found out, the legislative process is very long and often takes years, to see a bill or revision come to pass. In Florida, the Jennifer Act has been introduced for 2012 by Florida State Senator Jack Latvala as Senate Bill No. 1744 Titled ” The Jennifer Act”.
I know the Herald Times covers issues facing our local community and our state and wanted to bring your attention to a Bloomington resident who has not given up the mission and the advocacy of The Jennifer Act. Indiana Senators on the Committee on Health and Provider Services will review The Jennifer Act [SCR0007]. The Indiana State Senators who are on this Committee are: Senator Miller (Chair), Senator Mishler, Senator Becker, Senator Charbonneau, Senator Gard, Senator Grooms, Senator Leising, Senator Breaux, Senator Rogers and Senator Simpson.
The intent of SCR No.0007 is to improve commitment laws to better aid Indiana families who are in need of emergency help and intervention for those who are chronically and progressively substance addicted. Those addicted are severely impaired and often do not see a way out of the downward spiral of addiction . Addiction is a brain disease and left untreated, they face overdose death or incarceration. There is a stigma attached to families suffering with addiction. It’s ripple effects are far reaching. Addiction is a family disease, because it effects the entire family. Addicted parents lose their children due to substance addiction and incarceration. Grand parents and other relatives are left to raise the children of the addicted or else they are placed in foster homes. I include secular and faith based treatment with The Jennifer Act. I am very familiar with faith based treatment and have witnessed many lives changed, who have received faith based treatment. In conclusion, as a Christian,I feel that The Jennifer Act is a ministry that God has intended for His purpose and plan. My website has brought many people to contact me from all across the United States. They ask me for help, advice, references and many are grieving parents who have just lost their children to overdose death. They are devastated and share the most candid emails with me about their loved one who passed away. I remain hopeful that we will see The Jennifer Act manifest and families will be saved by this important intervention tool.
“The Lord will fulfill his purpose for me; your love, O Lord, endures forever—do not abandon the works of your hands” (Psalm 138:8).
“But I have raised you up for this very purpose, that I might show you my power and that my name might be proclaimed in all the earth” (Exodus 9:16).
Prayer: Lord God, Regarding Jennifer’s struggle with addiction in her life and death, I will move forward with a purpose, seeking to fulfill Your plan for my life. What do You have for me to do? Amen.
THE JENNIFER ACT[FL.Senate Bill No.1744] [IN. Senate ConCurrent No.7]
Today, we reflect and lovingly, remember Jennifer Reynolds, who died on this day, January 15, in 2009.
~Releasing is not forgetting; it is the act of setting free.~
Jennifer was such a blessing to many. Cherishing the memories of Jennifer today, and passing the blessing of her life on to someone else, with The Jennifer Act. Her trials,suffering and death have all been used to help others who are today, struggling with the bondage of substance addiction and need for crisis intervention. ~ Sharon Blair (Jennifer’s mother)
“Freely you have received, freely give” (Matthew 10:8).
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.
Get In Touch
Please feel free to contact me about the legislation I am pursuing. My daughter, Jennifer Reynolds, passed away at the age of 29 and I vowed to fight against addiction to give others hope and the chance to live.
