Senate Bill sb1676
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1676
By Senator Wise
5-755A-05 See HB 459
1 A bill to be entitled
2 An act relating to substance abuse services;
3 creating s. 397.4161, F.S.; providing for
4 certification of certain substance abuse
5 services employees who provide certain client
6 services; providing a directive to the Division
7 of Statutory Revision; creating s. 397.755,
8 F.S.; directing the Department of Corrections
9 to create a substance abuse diversion program;
10 providing eligibility criteria for the program;
11 requiring judicial approval for entry to the
12 program; requiring notice to the state attorney
13 and the inmate's counsel; providing a time
14 limit for the judge to respond; directing the
15 department to prepare a postrelease treatment
16 plan; requiring the department to notify the
17 judge before releasing the inmate into the
18 community; requiring the inmate to abide by the
19 order of supervision and the rules of the
20 department; directing the department to provide
21 special training to employees working in the
22 program; authorizing the department to develop
23 performance-based contracts to supply services
24 to the program; permitting the department to
25 establish a system of incentives to promote
26 participation in rehabilitative programs;
27 providing that this act does not confer any
28 right to placement in the substance abuse
29 diversion program; directing the department to
30 track recidivism and recommitment of inmates
31 who have participated in the program; requiring
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1676
5-755A-05 See HB 459
1 a report to the Governor and Legislature;
2 authorizing rulemaking; providing an effective
3 date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Section 397.4161, Florida Statutes, is
8 created to read:
9 397.4161 Substance abuse services; clinical personnel
10 certification.--
11 (1) Persons employed by licensed service providers who
12 provide clinical services to clients who are substance abuse
13 impaired or at risk of substance abuse impairment shall be
14 certified through a department-recognized certification
15 process as provided in s. 397.321(16). This subsection applies
16 to employees who provide any combination of the following
17 services on a routine basis as part of their duties:
18 (a) Screening;
19 (b) Psychosocial assessment;
20 (c) Treatment planning;
21 (d) Referral;
22 (e) Services coordination and case management;
23 (f) Continuing assessment and treatment plan reviews;
24 (g) Counseling; or
25 (h) Documenting progress.
26 (2) Persons providing clinical services who are not
27 certified on the effective date of this act may continue
28 providing such services on the condition that they:
29 (a) Provide verification to the licensed services
30 provider within 6 months after the effective date of this act
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1676
5-755A-05 See HB 459
1 of acceptance into a department-recognized certification
2 process; and
3 (b) Once accepted into a certification process,
4 provide verification to the licensed services provider on a
5 monthly basis of continuous participation in the certification
6 process until certified.
7 (3) Affected employees may provide clinical services
8 in accordance with their level of certification.
9 Section 2. The Division of Statutory Revision is
10 directed to substitute the date on which this act takes effect
11 for the phrase "the effective date of this act" wherever it
12 occurs in section 397.4161, Florida Statutes, when preparing
13 that section for publication in the next edition of the
14 Florida Statutes.
15 Section 3. Section 397.755, Florida Statutes, is
16 created to read:
17 397.755 Substance abuse diversion program.--
18 (1)(a) The department shall develop and implement a
19 substance abuse diversion program for inmates. The program
20 shall provide a mechanism by which an eligible, nonviolent,
21 low-risk inmate who poses a minimal foreseeable risk to the
22 public, and who has been identified as being in need of
23 substance abuse treatment, may be diverted into a substance
24 abuse diversion program.
25 (b) If an inmate is determined to be eligible for the
26 substance abuse diversion program, the department shall
27 contact the judge who must approve the inmate's placement into
28 the program. The judge must also agree to modify the remainder
29 of the inmate's sentence to probation, community control, or
30 drug offender probation upon successful completion of the
31 in-prison treatment component.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1676
5-755A-05 See HB 459
1 (c) Following completion of the in-prison treatment
2 component, the inmate shall be placed under intensive
3 supervision in the community. While in the community, the
4 inmate shall be subject to special conditions of supervision,
5 including, but not limited to, participation in an aftercare
6 substance abuse program. Whenever possible, the inmate's case
7 shall be transferred to a drug court or reentry drug court, if
8 one is available and operating in the jurisdiction into which
9 the inmate is released.
10 (2) As used in this section, the term "judge" means
11 the inmate's sentencing judge or, if unavailable, a judge
12 designated by the chief judge in the circuit from which the
13 inmate was sentenced.
14 (3) The department's substance abuse diversion program
15 shall consist of a prison-based substance abuse treatment
16 program and a community-based aftercare treatment program.
17 (a) The substance abuse diversion program must be
18 specifically designed to be intensive and may have a
19 work-release component as part of the program. The in-prison
20 component may be operated in secure areas in or adjacent to an
21 adult institution, a community residential center, or a
22 work-release center.
23 (b) An inmate who completes the in-prison treatment
24 component shall have his or her prison sentence modified to
25 probation, community control, or drug offender probation. The
26 inmate shall have special conditions attached to the
27 probation, community control, or drug offender probation
28 requiring the inmate to participate in an aftercare substance
29 abuse program.
30 (4) Before an inmate may participate in the substance
31 abuse diversion program, the inmate must:
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1676
5-755A-05 See HB 459
1 (a) Be determined to be eligible by the department
2 using the criteria set forth in this section.
3 (b) Consent to participate in both the prison and
4 community-based components.
5 (c) Have no limitations that would preclude
6 participation in the rehabilitation efforts of the program.
7 (d) Be approved by the inmate's judge to participate
8 in the program. If the judge agrees to the inmate's
9 participation, the judge shall agree to modify the inmate's
10 remaining sentence upon successful completion of the in-prison
11 treatment component.
12 (5) The department shall determine if an inmate is
13 eligible for the substance abuse diversion program. An inmate
14 must be screened at the reception center for program
15 eligibility. The department shall also continuously screen all
16 inmates incarcerated in department institutions and facilities
17 for eligibility to participate in the substance abuse
18 diversion program. A sentencing court may recommend to the
19 department that an inmate be considered for admission to the
20 diversion program.
21 (a) When screening for inclusion in the substance
22 abuse diversion program, the department may consider the
23 inmate's criminal history, need for substance abuse treatment,
24 general rehabilitative interests, and potential risk to the
25 public. The department may also consider the operational needs
26 of the department and the victim's comments.
27 (b) An inmate is ineligible for consideration for
28 placement in the program unless all of the following criteria
29 are met:
30 1. Is identified as being in need of substance abuse
31 treatment.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1676
5-755A-05 See HB 459
1 2. Is serving a sentence or combined sentence of 10
2 years or less.
3 3. Agrees to participate in the in-prison treatment
4 component.
5 4. Is minimum or community custody status.
6 5. Has at least 18 months remaining in his or her
7 sentence.
8 6. Has no prior conviction, as defined in s. 772.12,
9 or prior commitment to prison in any jurisdiction and is not
10 currently serving a commitment to prison for committing or
11 attempting to commit any of the following offenses:
12 a. Any capital felony.
13 b. Any first degree felony offense.
14 c. Any second or third degree felony offense listed in
15 s. 775.084(1)(c).
16 d. Any second degree felony offense listed in s.
17 893.13.
18 e. Any offense in another jurisdiction that would be a
19 felony listed in sub-subparagraphs a.-d. if that offense had
20 been committed in this state.
21 7. Is serving no more than a second commitment to
22 prison.
23 (6)(a) If an inmate meets the criteria for program
24 admission and space is available, the department shall submit
25 a written notification to the judge regarding the inmate's
26 eligibility for the substance abuse diversion program. The
27 court shall approve or disapprove participation in the
28 program.
29 (b) If the judge agrees to the inmate's participation,
30 the judge shall agree to modify the remainder of the inmate's
31 prison sentence to probation, community control, or drug
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1676
5-755A-05 See HB 459
1 offender probation after the inmate successfully completes the
2 in-prison treatment component. A modified order must include
3 special conditions of supervision requiring the inmate to
4 participate in an aftercare substance abuse program. The order
5 may also include participation in a drug court or reentry drug
6 court program if one is operating in the jurisdiction into
7 which the inmate will be released. If a drug court or reentry
8 drug court is operational, the judge is encouraged to transfer
9 the inmate's case to one of those courts. The judge retains
10 the sole authority to modify the inmate's original sentence.
11 (7)(a) At the time the department submits its written
12 notification to the judge to place an inmate in the substance
13 abuse diversion program, the department shall deliver a copy
14 of the notification to the state attorney and the inmate's
15 counsel.
16 (b) The state attorney may submit comments to the
17 court with a recommendation regarding the inmate's placement
18 in the program.
19 (c) The state attorney shall notify the victim, if
20 any, that the inmate is being considered for placement in a
21 substance abuse diversion program.
22 (d) The state attorney shall notify the court, the
23 department, and the inmate's counsel of his or her
24 recommendation within 14 days after receiving a copy of the
25 department's written notification to place the inmate in the
26 substance abuse diversion program. The state attorney's
27 response must be in writing.
28 (8)(a) The court shall notify the department, the
29 state attorney, and the inmate's counsel in writing of its
30 decision regarding the inmate within 21 days after receipt of
31 the department's notification.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1676
5-755A-05 See HB 459
1 (b) Failure of the court to notify the department
2 within 21 days shall be deemed to be a denial of the inmate's
3 placement in the substance abuse diversion program and
4 subsequent modification of sentence. An inmate who is not
5 approved for participation in the program shall remain in the
6 prison population as assigned by the department.
7 (9) An eligible inmate who is approved to participate
8 in the substance abuse diversion program, and for whom the
9 court has agreed in writing to modify the inmate's sentence
10 upon successful completion of the in-prison treatment
11 component, may enter the program, contingent upon available
12 program space. An inmate's agreement to participate in the
13 substance abuse diversion program constitutes consent to the
14 special conditions of supervision effective when the inmate is
15 discharged into the community.
16 (10) The portion of the inmate's sentence served prior
17 to entering the diversion program does not count toward
18 program completion.
19 (11) If, after placement in the diversion program, the
20 inmate appears unable to participate due to medical or other
21 reasons, he or she must be examined by qualified medical
22 personnel or qualified nonmedical personnel appropriate for
23 the inmate's situation, as determined by the department. The
24 qualified personnel shall consult with the director of the
25 substance abuse diversion program, and the director shall
26 determine if the inmate may continue with treatment or if the
27 inmate must be discharged from the program.
28 (12) Before the inmate completes the in-prison
29 treatment component, the department shall evaluate the
30 inmate's needs and develop a postrelease treatment plan that
31 includes substance abuse aftercare services.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1676
5-755A-05 See HB 459
1 (13) When the inmate successfully completes the
2 in-prison treatment component, the department shall notify the
3 court of the inmate's successful completion of the program.
4 Thereafter, the court shall issue an order modifying the
5 inmate's sentence. The modified order shall convert the
6 remainder of the inmate's prison sentence to a period of
7 probation, community control, or drug offender probation, if
8 eligible, with special conditions, including, but not limited
9 to, participation in substance abuse treatment and aftercare.
10 (14) If it is available in the jurisdiction into which
11 the inmate will be released, the court may:
12 (a) Order the inmate to reside in a postrelease
13 transitional residential halfway house.
14 (b) Transfer the inmate's case to a drug court or
15 reentry drug court for supervision.
16 (15)(a) The inmate shall comply with all conditions of
17 supervision imposed by the modified order. Violation of any
18 condition may result in revocation of supervision by the court
19 and imposition of any sentence authorized under the law. While
20 on probation, community control, or drug offender probation,
21 the inmate shall pay the cost of supervision to the state and
22 may have additional conditions requiring payment of
23 restitution, court costs, and fines; public service; and
24 compliance with other special conditions.
25 (b) An inmate in the substance abuse diversion program
26 is subject to the rules of conduct established by the
27 department and may have sanctions imposed, including loss of
28 privileges, restrictions, disciplinary confinement, and the
29 forfeiture of gain-time or the right to earn gain-time in the
30 future, alteration of release plans, termination from the
31 substance abuse diversion program, or other program
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1676
5-755A-05 See HB 459
1 modifications in keeping with the nature and gravity of the
2 program violation. The department may place an inmate in the
3 substance abuse diversion program in an administrative or
4 protective confinement, as necessary.
5 (16) The department shall implement the substance
6 abuse diversion program to the fullest extent feasible within
7 the terms of this section and available resources.
8 (17) The department shall provide a special training
9 program for staff members selected to serve in the substance
10 abuse diversion program.
11 (18) The department may develop and enter into
12 performance-based contracts with qualified individuals,
13 agencies, or corporations to supply any or all services
14 provided in the substance abuse diversion program. However, no
15 contract shall be entered into or renewed unless the contract
16 offers a substantial savings to the department, as determined
17 by the department.
18 (19) The department may establish a system of
19 incentives within the substance abuse diversion program to
20 promote participation in rehabilitative programs and the
21 orderly operation of institutions and facilities.
22 (20) This section does not create or confer any right
23 to any inmate to placement in the substance abuse diversion
24 program or any right to placement or early release under
25 supervision of any type.
26 (21) The department shall develop a computerized
27 system to track recidivism and recommitment of inmates who
28 have participated in the substance abuse diversion program.
29 The department shall submit an annual report of the results of
30 the collected data to the Governor, the President of the
31 Senate, and the Speaker of the House of Representatives.
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1676
5-755A-05 See HB 459
1 (22) The department may adopt rules pursuant to ss.
2 120.536(1) and 120.54 to implement this section and to
3 administer the substance abuse diversion program.
4 Section 4. This act shall take effect July 1, 2005.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
11
CODING: Words stricken are deletions; words underlined are additions.