Senate Bill sb2334

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    Florida Senate - 2005                                  SB 2334

    By Senator Siplin





    19-879-05

  1                      A bill to be entitled

  2         An act relating to substance abuse treatment

  3         programs; amending s. 397.754, F.S.; requiring

  4         the Department of Corrections to assess the

  5         needs of all inmates for substance abuse

  6         services; requiring the department to provide

  7         inmates with individualized services; requiring

  8         the department to provide training to all

  9         employees providing substance abuse treatment

10         services to inmates; amending s. 775.16, F.S.;

11         requiring a person under the supervision of the

12         department to participate in and complete a

13         substance abuse treatment and rehabilitation

14         program in order to be eligible for employment

15         by any agency of the state or to apply for a

16         license, permit, or certificate required by any

17         agency of the state to practice an occupation,

18         trade, profession, or business; amending s.

19         944.473, F.S.; requiring each inmate who meets

20         the criteria to participate in a substance

21         abuse treatment program; providing that an

22         inmate has a right to receive substance abuse

23         services from the department; providing an

24         effective date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Section 397.754, Florida Statutes, is

29  amended to read:

30         397.754  Duties and responsibilities of the Department

31  of Corrections.--The Department of Corrections shall:

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    Florida Senate - 2005                                  SB 2334
    19-879-05




 1         (1)  To the fullest extent possible Provide all inmates

 2  upon arrival at a Department of Corrections reception center

 3  for initial processing with an assessment of substance abuse

 4  service needs.

 5         (2)  Provide inmates who are admitted to inmate

 6  substance abuse services with an individualized treatment plan

 7  which is developed on the basis of assessed need for services

 8  and which includes measurable goals and specifies the types of

 9  services needed to meet those goals.

10         (3)  To the fullest extent possible Provide inmates

11  with individualized services.

12         (4)  Develop and maintain systematic methods of

13  research, evaluation, and monitoring of the appropriateness

14  and quality of substance abuse programs.

15         (5)  Provide inmates who have participated in substance

16  abuse programs within 1 month of the date of their final

17  release from the correctional facility in which they are

18  incarcerated with information regarding options for continuing

19  substance abuse services in the community and with referrals

20  for such services as appropriate or upon the inmate's request.

21         (6)  In cooperation with other agencies, actively seek

22  to enhance resources for the provision of treatment services

23  for inmates and to develop partnerships with other state

24  agencies, including but not limited to the Departments of

25  Children and Family Services, Education, Community Affairs,

26  and Law Enforcement.

27         (7)  To the extent of available funding, Provide

28  training to employees whose duties involve providing the

29  provision of inmate substance abuse services.

30         (8)  The department shall by rule set forth procedures

31  with respect to individual dignity, nondiscriminatory

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    Florida Senate - 2005                                  SB 2334
    19-879-05




 1  services, quality services, communication for inmates who

 2  receive treatment for substance abuse, and confidentiality

 3  requirements in accordance with federal law.

 4         Section 2.  Section 775.16, Florida Statutes, is

 5  amended to read:

 6         775.16  Drug offenses; additional penalties.--In

 7  addition to any other penalty provided by law, a person who

 8  has been convicted of sale of or trafficking in, or conspiracy

 9  to sell or traffic in, a controlled substance under chapter

10  893, if the such offense is a felony, or who has been

11  convicted of an offense under the laws of any state or country

12  which, if committed in this state, would constitute the felony

13  of selling or trafficking in, or conspiracy to sell or traffic

14  in, a controlled substance under chapter 893, is:

15         (1)  Disqualified from applying for employment by any

16  agency of the state, unless:

17         (a)  The person has completed all sentences of

18  imprisonment or supervisory sanctions imposed by the court, by

19  the Parole Commission, or by law; or

20         (b)  The person has complied with the conditions of

21  subparagraphs 1. and 2. which shall be monitored by the

22  Department of Corrections while the person is under any

23  supervisory sanctions. The person under supervision must may:

24         1.  Seek evaluation and enrollment in, and once

25  enrolled maintain enrollment in until completion, a drug

26  treatment and rehabilitation program that which is approved by

27  the Department of Children and Family Services, unless it is

28  deemed by the program that the person does not have a

29  substance abuse problem. The treatment and rehabilitation

30  program may be specified by:

31  

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    Florida Senate - 2005                                  SB 2334
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 1         a.  The court, in the case of court-ordered supervisory

 2  sanctions;

 3         b.  The Parole Commission, in the case of parole,

 4  control release, or conditional release; or

 5         c.  The Department of Corrections, in the case of

 6  imprisonment or any other supervision required by law.

 7         2.  Submit to periodic urine drug testing under

 8  pursuant to procedures prescribed by the Department of

 9  Corrections.  If the person is indigent, the costs shall be

10  paid by the Department of Corrections.

11         (2)  Disqualified from applying for a license, permit,

12  or certificate required by any agency of the state to

13  practice, pursue, or engage in any occupation, trade,

14  vocation, profession, or business, unless:

15         (a)  The person has completed all sentences of

16  imprisonment or supervisory sanctions imposed by the court, by

17  the Parole Commission, or by law;

18         (b)  The person has complied with the conditions of

19  subparagraphs 1. and 2. which shall be monitored by the

20  Department of Corrections while the person is under any

21  supervisory sanction. If the person fails to comply with

22  provisions of these subparagraphs by either failing to

23  maintain treatment or by testing positive for drug use, the

24  department shall notify the licensing, permitting, or

25  certifying agency, which may refuse to reissue or reinstate

26  the such license, permit, or certification.  The licensee,

27  permittee, or certificateholder under supervision must may:

28         1.  Seek evaluation and enrollment in, and once

29  enrolled maintain enrollment in until completion, a drug

30  treatment and rehabilitation program which is approved or

31  regulated by the Department of Children and Family Services,

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    Florida Senate - 2005                                  SB 2334
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 1  unless it is deemed by the program that the person does not

 2  have a substance abuse problem.  The treatment and

 3  rehabilitation program may be specified by:

 4         a.  The court, in the case of court-ordered supervisory

 5  sanctions;

 6         b.  The Parole Commission, in the case of parole,

 7  control release, or conditional release; or

 8         c.  The Department of Corrections, in the case of

 9  imprisonment or any other supervision required by law.

10         2.  Submit to periodic urine drug testing under

11  pursuant to procedures prescribed by the Department of

12  Corrections.  If the person is indigent, the costs shall be

13  paid by the Department of Corrections; or

14         (c)  The person has successfully completed an

15  appropriate program under the Correctional Education Program.

16  

17  The provisions of this section do not apply to any of the

18  taxes, fees, or permits regulated, controlled, or administered

19  by the Department of Revenue in accordance with the provisions

20  of s. 213.05.

21         Section 3.  Subsection (2) of section 944.473, Florida

22  Statutes, is amended to read:

23         944.473  Inmate substance abuse testing program.--

24         (2)  SUBSTANCE ABUSE TREATMENT PROGRAMS.--

25         (a)  An inmate who meets the criteria established by

26  the department shall participate in substance abuse program

27  services when such services are available. A right to

28  substance abuse program services is explicitly not stated,

29  intended, or otherwise implied by this chapter.

30         (b)  Upon arrival at a department's reception center

31  for initial processing, each inmate shall be screened and

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    Florida Senate - 2005                                  SB 2334
    19-879-05




 1  assessed to determine if the inmate meets the department's

 2  criteria for mandated participation in a substance-abuse

 3  program. Criteria for mandated substance abuse program

 4  services shall be based on:

 5         1.  The presence of a diagnosed psychoactive substance

 6  dependence or use disorder;

 7         2.  The severity of the addiction;

 8         3.  A history of criminal behavior related to substance

 9  abuse;

10         4.  A recommendation by a sentencing authority for

11  substance abuse program services;

12         5.  Unsuccessful participation in community-based

13  substance abuse services;

14         6.  Sentencing by a drug court or drug division; and

15         7.  Other classification or program criteria that the

16  department finds will ensure security and optimal program

17  placement.

18         (c)  When selecting contract providers to administer

19  substance abuse treatment programs, the department shall make

20  every effort to consider qualified faith-based service groups

21  on an equal basis with other private organizations.

22         Section 4.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                  SB 2334
    19-879-05




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 2                          SENATE SUMMARY

 3    Requires the Department of Corrections to assess all
      inmates for substance abuse needs. Requires the
 4    department to provide inmates with individualized
      services for their substance abuse needs. Requires the
 5    department to provide training to all employees providing
      substance abuse services to inmates. Requires a person
 6    under the supervision of the department to participate in
      and complete a substance abuse treatment and
 7    rehabilitation program to be eligible for employment by
      any agency of the state or to be eligible to apply for a
 8    license, permit, or certificate required by any agency of
      the state to participate in any occupation, trade,
 9    profession, or business. Requires each inmate who meets
      the criteria to participate in a substance abuse
10    treatment program. Provides that an inmate has a right to
      receive substance abuse services from the department.
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