20-47-602. Protocols and accountability.

20-47-602. Protocols and accountability. (a) Each county jail shall prepare and may use during the intake process a standard checklist, including behavioral indicators of mental health problems. (b) If a checklist is used, the checklist shall be a permanent part of the jail inmate's record and shall record all mental health efforts that should be taken in relation to the jail inmate. (c) Each county jail shall adopt the standard protocols to assist law enforcement personnel and mental health personnel as follows: (1) A protocol that sets forth the steps that should be taken initially for all arrested persons to determine their mental health status, including physical indications that may affect mental health status; (2)(A) A protocol to be used for those persons who, based on the results of the protocol drafted under subdivision (c)(1) of this section, may be in need of psychiatric or co-occurring condition treatment. (B) Under the protocol drafted under subdivision (c)(2)(A) of this section, only licensed mental health professionals shall be responsible for comprehensive screening and assessment subsequent to a finding that the arrested person is in need of psychiatric or co-occurring condition treatment. (C) Ordinarily the mental health professionals under subdivision (c)(2)(B) of this section should be supplied by the community mental health center for the catchment area in which the jail is located; and (3)(A) A protocol for case management for jail inmates with a mental illness who are referred to a community mental health center. (B) The protocol drafted under subdivision (c)(3)(A) of this section shall outline the responsibilities of each party and the steps to be followed in providing treatment to the referred inmate. (C) The protocol drafted under subdivision (c)(3)(A) of this section shall include a crisis plan for periods beyond the normal work day or work week. (d)(1) A standard model for the checklist to be prepared under this section and a standard model for the protocols to be drafted under this section shall be prepared by a committee to be convened by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services within six (6) months after July 31, 2007. (2) The committee convened under subdivision (d)(1) of this section consists of a representative designated by each of the following agencies or departments: (A) Arkansas Association of Chiefs of Police; (B) County Judges Association of Arkansas; (C) Arkansas Judicial Council, Inc.; (D) Arkansas Municipal League; (E) Arkansas Sheriffs' Association; (F) Community mental health centers; (G) Criminal Justice Institute; (H) Department of Community Correction; (I) Disability Rights of Arkansas, Inc.; (J) Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (K) Office of the Prosecutor Coordinator; (L) Department of Psychiatry of the University of Arkansas for Medical Sciences; and (M) Arkansas Public Defender Commission. (3) The committee shall submit the completed standard protocols and the standard checklist required under subdivision (d)(1) of this section to the division and to the Arkansas Judicial Council, Inc. for approval. (4) The division shall provide copies of the standard protocols and the standard checklist to sheriffs, chiefs of police, and county judges and shall post the standard protocols and the standard checklist on a public website. (e) The committee convened under subdivision (d)(1) of this section shall recommend: (1) Establishment of the needs for acute mental health beds throughout the state; and (2) Provision of appropriate funding where needed for construction, operations, renovation, and equipment for meeting the state's needs for acute mental health beds to the extent such funds are appropriated for the purpose. (f) The division shall develop a standardized report related to all aspects of the implementation of this subchapter. (g) Each community mental health center shall complete and submit quarterly to the division the report developed under subsection (f) of this section. (h) The division shall publish annually within sixty (60) days after the end of the state's fiscal year a compilation of the quarterly reports to be made available to the public and, if necessary, to serve as the basis for action to end.