Senate passes ‘Tristan Murphy Act’ to expand mental-health diversion programs

The Florida Senate on Monday passed the Tristan Murphy Act, legislation aimed at expanding mental-health diversion for defendants, improving treatment for inmates and creating a statewide behavioral-health data repository.

Senator Jen Bradley, sponsor of committee substitute for committee substitute for Senate Bill 168, told colleagues the bill was prompted by the 2019 death of Tristan Murphy and aims to “break the cycle” that often takes the acutely mentally ill from jail to forensic hospital to homelessness and back to arrest. Bradley called the bill “strong on crime, stronger on common sense” and said it focuses resources on treatment, long-term recovery and stability.

The bill creates model pretrial misdemeanor and felony diversion processes that allow clinically appropriate defendants to be diverted to treatment instead of incarceration. Under the measure, compliance with treatment is a condition of diversion and the state attorney retains discretion to dismiss charges; felony diversion remains limited to nonviolent offenders. The bill also expands eligible uses for criminal-justice and behavioral-health grant funds, adds Hillsborough County to a list of counties eligible for a forensic hospital diversion pilot and requires mental-health evaluations for defendants found incompetent who later regain competency and are placed on probation.

For defendants sentenced to prison, the bill requires the Department of Corrections to evaluate inmates’ mental health before approving work assignments and to document mental-health suitability for those duties. Bradley and supporters also emphasized creation of a Florida Behavioral Health Data Repository to collect and analyze behavioral-health information statewide and help tailor programs.

Senators who spoke in favor described the measure as a public-safety and life-saving bill. Senate leaders and members of both parties praised the Murphy family for public testimony. Senator Roussan pointed to the repository as an earlier commission recommendation; Senator Pizzo said the bill represents bipartisan work and called it “a big deal” for families affected by mental illness.

The measure was read a third time and the Senate recorded passage; cosponsorship was opened after the vote. After passage the Senate opened the board for cosponsorship and the measure registered multiple supporters, sponsors said.

Supporters emphasized the bill is not a wholesale removal of prosecutorial discretion; prosecutors retain authority to admit felony defendants to the program and to dismiss charges. The bill’s text makes program participation conditional on treatment compliance and ties several grant and reporting changes to the diversion framework.

Senate action now moves the bill toward the House; sponsors and supporters said they will continue outreach and implementation planning. If enacted, senators said, the measure will expand diversion options, increase training and tracking for behavioral-health responses and seek to reduce jail recidivism among people with serious mental illness.

The Senate’s debate and final vote were recorded during the chamber’s morning session; proponents cited local pilot programs and national experts in urging support.

Ending: The passage sends the Tristan Murphy Act to the House for its consideration. Sponsors said they expect implementation work — especially establishment of the data repository and pilot expansions — to continue after session to coordinate courts, providers and law-enforcement partners.