| 1 | A bill to be entitled |
| 2 | An act relating to substance abuse services; creating s. |
| 3 | 397.4161, F.S.; providing for certification of certain |
| 4 | substance abuse services employees who provide certain |
| 5 | client services; providing a directive to the Division of |
| 6 | Statutory Revision; creating s. 397.755, F.S.; directing |
| 7 | the Department of Corrections to create a substance abuse |
| 8 | diversion program; providing eligibility criteria for the |
| 9 | program; requiring judicial approval for entry to the |
| 10 | program; requiring notice to the state attorney and the |
| 11 | inmate's counsel; providing a time limit for the judge to |
| 12 | respond; directing the department to prepare a postrelease |
| 13 | treatment plan; requiring the department to notify the |
| 14 | judge before releasing the inmate into the community; |
| 15 | requiring the inmate to abide by the order of supervision |
| 16 | and the rules of the department; directing the department |
| 17 | to provide special training to employees working in the |
| 18 | program; authorizing the department to develop |
| 19 | performance-based contracts to supply services to the |
| 20 | program; permitting the department to establish a system |
| 21 | of incentives to promote participation in rehabilitative |
| 22 | programs; providing that this act does not confer any |
| 23 | right to placement in the substance abuse diversion |
| 24 | program; directing the department to track recidivism and |
| 25 | recommitment of inmates who have participated in the |
| 26 | program; requiring a report to the Governor and |
| 27 | Legislature; authorizing rulemaking; providing an |
| 28 | effective date. |
| 29 |
|
| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Section 397.4161, Florida Statutes, is created |
| 33 | to read: |
| 34 | 397.4161 Substance abuse services; clinical personnel |
| 35 | certification.-- |
| 36 | (1) Persons employed by licensed service providers who |
| 37 | provide clinical services to clients who are substance abuse |
| 38 | impaired or at risk of substance abuse impairment shall be |
| 39 | certified through a department-recognized certification process |
| 40 | as provided in s. 397.321(16). This subsection applies to |
| 41 | employees who provide any combination of the following services |
| 42 | on a routine basis as part of their duties: |
| 43 | (a) Screening; |
| 44 | (b) Psychosocial assessment; |
| 45 | (c) Treatment planning; |
| 46 | (d) Referral; |
| 47 | (e) Services coordination and case management; |
| 48 | (f) Continuing assessment and treatment plan reviews; |
| 49 | (g) Counseling; or |
| 50 | (h) Documenting progress. |
| 51 | (2) Persons providing clinical services who are not |
| 52 | certified on the effective date of this act may continue |
| 53 | providing such services on the condition that they: |
| 54 | (a) Provide verification to the licensed services provider |
| 55 | within 6 months after the effective date of this act of |
| 56 | acceptance into a department-recognized certification process; |
| 57 | and |
| 58 | (b) Once accepted into a certification process, provide |
| 59 | verification to the licensed services provider on a monthly |
| 60 | basis of continuous participation in the certification process |
| 61 | until certified. |
| 62 | (3) Affected employees may provide clinical services in |
| 63 | accordance with their level of certification. |
| 64 | Section 2. The Division of Statutory Revision is directed |
| 65 | to substitute the date on which this act takes effect for the |
| 66 | phrase "the effective date of this act" wherever it occurs in s. |
| 67 | 397.4161, Florida Statutes, when preparing that section for |
| 68 | publication in the next edition of the Florida Statutes. |
| 69 | Section 3. Section 397.755, Florida Statutes, is created |
| 70 | to read: |
| 71 | 397.755 Substance abuse diversion program.-- |
| 72 | (1)(a) The department shall develop and implement a |
| 73 | substance abuse diversion program for inmates. The program shall |
| 74 | provide a mechanism by which an eligible, nonviolent, low-risk |
| 75 | inmate who poses a minimal foreseeable risk to the public, and |
| 76 | who has been identified as being in need of substance abuse |
| 77 | treatment, may be diverted into a substance abuse diversion |
| 78 | program. |
| 79 | (b) If an inmate is determined to be eligible for the |
| 80 | substance abuse diversion program, the department shall contact |
| 81 | the judge who must approve the inmate's placement into the |
| 82 | program. The judge must also agree to modify the remainder of |
| 83 | the inmate's sentence to probation, community control, or drug |
| 84 | offender probation upon successful completion of the in-prison |
| 85 | treatment component. |
| 86 | (c) Following completion of the in-prison treatment |
| 87 | component, the inmate shall be placed under intensive |
| 88 | supervision in the community. While in the community, the inmate |
| 89 | shall be subject to special conditions of supervision, |
| 90 | including, but not limited to, participation in an aftercare |
| 91 | substance abuse program. Whenever possible, the inmate's case |
| 92 | shall be transferred to a drug court or reentry drug court, if |
| 93 | one is available and operating in the jurisdiction into which |
| 94 | the inmate is released. |
| 95 | (2) As used in this section, the term "judge" means the |
| 96 | inmate's sentencing judge or, if unavailable, a judge designated |
| 97 | by the chief judge in the circuit from which the inmate was |
| 98 | sentenced. |
| 99 | (3) The department's substance abuse diversion program |
| 100 | shall consist of a prison-based substance abuse treatment |
| 101 | program and a community-based aftercare treatment program. |
| 102 | (a) The substance abuse diversion program must be |
| 103 | specifically designed to be intensive and may have a work- |
| 104 | release component as part of the program. The in-prison |
| 105 | component may be operated in secure areas in or adjacent to an |
| 106 | adult institution, a community residential center, or a work- |
| 107 | release center. |
| 108 | (b) An inmate who completes the in-prison treatment |
| 109 | component shall have his or her prison sentence modified to |
| 110 | probation, community control, or drug offender probation. The |
| 111 | inmate shall have special conditions attached to the probation, |
| 112 | community control, or drug offender probation requiring the |
| 113 | inmate to participate in an aftercare substance abuse program. |
| 114 | (4) Before an inmate may participate in the substance |
| 115 | abuse diversion program, the inmate must: |
| 116 | (a) Be determined to be eligible by the department using |
| 117 | the criteria set forth in this section. |
| 118 | (b) Consent to participate in both the prison and |
| 119 | community-based components. |
| 120 | (c) Have no limitations that would preclude participation |
| 121 | in the rehabilitation efforts of the program. |
| 122 | (d) Be approved by the inmate's judge to participate in |
| 123 | the program. If the judge agrees to the inmate's participation, |
| 124 | the judge shall agree to modify the inmate's remaining sentence |
| 125 | upon successful completion of the in-prison treatment component. |
| 126 | (5) The department shall determine if an inmate is |
| 127 | eligible for the substance abuse diversion program. An inmate |
| 128 | must be screened at the reception center for program |
| 129 | eligibility. The department shall also continuously screen all |
| 130 | inmates incarcerated in department institutions and facilities |
| 131 | for eligibility to participate in the substance abuse diversion |
| 132 | program. A sentencing court may recommend to the department that |
| 133 | an inmate be considered for admission to the diversion program. |
| 134 | (a) When screening for inclusion in the substance abuse |
| 135 | diversion program, the department may consider the inmate's |
| 136 | criminal history, need for substance abuse treatment, general |
| 137 | rehabilitative interests, and potential risk to the public. The |
| 138 | department may also consider the operational needs of the |
| 139 | department and the victim's comments. |
| 140 | (b) An inmate is ineligible for consideration for |
| 141 | placement in the program unless all of the following criteria |
| 142 | are met: |
| 143 | 1. Is identified as being in need of substance abuse |
| 144 | treatment. |
| 145 | 2. Is serving a sentence or combined sentence of 10 years |
| 146 | or less. |
| 147 | 3. Agrees to participate in the in-prison treatment |
| 148 | component. |
| 149 | 4. Is minimum or community custody status. |
| 150 | 5. Has at least 18 months remaining in his or her |
| 151 | sentence. |
| 152 | 6. Has no prior conviction, as defined in s. 772.12, or |
| 153 | prior commitment to prison in any jurisdiction and is not |
| 154 | currently serving a commitment to prison for committing or |
| 155 | attempting to commit any of the following offenses: |
| 156 | a. Any capital felony. |
| 157 | b. Any first degree felony offense. |
| 158 | c. Any second or third degree felony offense listed in s. |
| 159 | 775.084(1)(c). |
| 160 | d. Any second degree felony offense listed in s. 893.13. |
| 161 | e. Any offense in another jurisdiction that would be a |
| 162 | felony listed in sub-subparagraphs a.-d. if that offense had |
| 163 | been committed in this state. |
| 164 | 7. Is serving no more than a second commitment to prison. |
| 165 | (6)(a) If an inmate meets the criteria for program |
| 166 | admission and space is available, the department shall submit a |
| 167 | written notification to the judge regarding the inmate's |
| 168 | eligibility for the substance abuse diversion program. The court |
| 169 | shall approve or disapprove participation in the program. |
| 170 | (b) If the judge agrees to the inmate's participation, the |
| 171 | judge shall agree to modify the remainder of the inmate's prison |
| 172 | sentence to probation, community control, or drug offender |
| 173 | probation after the inmate successfully completes the in-prison |
| 174 | treatment component. A modified order must include special |
| 175 | conditions of supervision requiring the inmate to participate in |
| 176 | an aftercare substance abuse program. The order may also include |
| 177 | participation in a drug court or reentry drug court program if |
| 178 | one is operating in the jurisdiction into which the inmate will |
| 179 | be released. If a drug court or reentry drug court is |
| 180 | operational, the judge is encouraged to transfer the inmate's |
| 181 | case to one of those courts. The judge retains the sole |
| 182 | authority to modify the inmate's original sentence. |
| 183 | (7)(a) At the time the department submits its written |
| 184 | notification to the judge to place an inmate in the substance |
| 185 | abuse diversion program, the department shall deliver a copy of |
| 186 | the notification to the state attorney and the inmate's counsel. |
| 187 | (b) The state attorney may submit comments to the court |
| 188 | with a recommendation regarding the inmate's placement in the |
| 189 | program. |
| 190 | (c) The state attorney shall notify the victim, if any, |
| 191 | that the inmate is being considered for placement in a substance |
| 192 | abuse diversion program. |
| 193 | (d) The state attorney shall notify the court, the |
| 194 | department, and the inmate's counsel of his or her |
| 195 | recommendation within 14 days after receiving a copy of the |
| 196 | department's written notification to place the inmate in the |
| 197 | substance abuse diversion program. The state attorney's response |
| 198 | must be in writing. |
| 199 | (8)(a) The court shall notify the department, the state |
| 200 | attorney, and the inmate's counsel in writing of its decision |
| 201 | regarding the inmate within 21 days after receipt of the |
| 202 | department's notification. |
| 203 | (b) Failure of the court to notify the department within |
| 204 | 21 days shall be deemed to be a denial of the inmate's placement |
| 205 | in the substance abuse diversion program and subsequent |
| 206 | modification of sentence. An inmate who is not approved for |
| 207 | participation in the program shall remain in the prison |
| 208 | population as assigned by the department. |
| 209 | (9) An eligible inmate who is approved to participate in |
| 210 | the substance abuse diversion program, and for whom the court |
| 211 | has agreed in writing to modify the inmate's sentence upon |
| 212 | successful completion of the in-prison treatment component, may |
| 213 | enter the program, contingent upon available program space. An |
| 214 | inmate's agreement to participate in the substance abuse |
| 215 | diversion program constitutes consent to the special conditions |
| 216 | of supervision effective when the inmate is discharged into the |
| 217 | community. |
| 218 | (10) The portion of the inmate's sentence served prior to |
| 219 | entering the diversion program does not count toward program |
| 220 | completion. |
| 221 | (11) If, after placement in the diversion program, the |
| 222 | inmate appears unable to participate due to medical or other |
| 223 | reasons, he or she must be examined by qualified medical |
| 224 | personnel or qualified nonmedical personnel appropriate for the |
| 225 | inmate's situation, as determined by the department. The |
| 226 | qualified personnel shall consult with the director of the |
| 227 | substance abuse diversion program, and the director shall |
| 228 | determine if the inmate may continue with treatment or if the |
| 229 | inmate must be discharged from the program. |
| 230 | (12) Before the inmate completes the in-prison treatment |
| 231 | component, the department shall evaluate the inmate's needs and |
| 232 | develop a postrelease treatment plan that includes substance |
| 233 | abuse aftercare services. |
| 234 | (13) When the inmate successfully completes the in-prison |
| 235 | treatment component, the department shall notify the court of |
| 236 | the inmate's successful completion of the program. Thereafter, |
| 237 | the court shall issue an order modifying the inmate's sentence. |
| 238 | The modified order shall convert the remainder of the inmate's |
| 239 | prison sentence to a period of probation, community control, or |
| 240 | drug offender probation, if eligible, with special conditions, |
| 241 | including, but not limited to, participation in substance abuse |
| 242 | treatment and aftercare. |
| 243 | (14) If it is available in the jurisdiction into which the |
| 244 | inmate will be released, the court may: |
| 245 | (a) Order the inmate to reside in a postrelease |
| 246 | transitional residential halfway house. |
| 247 | (b) Transfer the inmate's case to a drug court or reentry |
| 248 | drug court for supervision. |
| 249 | (15)(a) The inmate shall comply with all conditions of |
| 250 | supervision imposed by the modified order. Violation of any |
| 251 | condition may result in revocation of supervision by the court |
| 252 | and imposition of any sentence authorized under the law. While |
| 253 | on probation, community control, or drug offender probation, the |
| 254 | inmate shall pay the cost of supervision to the state and may |
| 255 | have additional conditions requiring payment of restitution, |
| 256 | court costs, and fines; public service; and compliance with |
| 257 | other special conditions. |
| 258 | (b) An inmate in the substance abuse diversion program is |
| 259 | subject to the rules of conduct established by the department |
| 260 | and may have sanctions imposed, including loss of privileges, |
| 261 | restrictions, disciplinary confinement, and the forfeiture of |
| 262 | gain-time or the right to earn gain-time in the future, |
| 263 | alteration of release plans, termination from the substance |
| 264 | abuse diversion program, or other program modifications in |
| 265 | keeping with the nature and gravity of the program violation. |
| 266 | The department may place an inmate in the substance abuse |
| 267 | diversion program in an administrative or protective |
| 268 | confinement, as necessary. |
| 269 | (16) The department shall implement the substance abuse |
| 270 | diversion program to the fullest extent feasible within the |
| 271 | terms of this section and available resources. |
| 272 | (17) The department shall provide a special training |
| 273 | program for staff members selected to serve in the substance |
| 274 | abuse diversion program. |
| 275 | (18) The department may develop and enter into |
| 276 | performance-based contracts with qualified individuals, |
| 277 | agencies, or corporations to supply any or all services provided |
| 278 | in the substance abuse diversion program. However, no contract |
| 279 | shall be entered into or renewed unless the contract offers a |
| 280 | substantial savings to the department, as determined by the |
| 281 | department. |
| 282 | (19) The department may establish a system of incentives |
| 283 | within the substance abuse diversion program to promote |
| 284 | participation in rehabilitative programs and the orderly |
| 285 | operation of institutions and facilities. |
| 286 | (20) This section does not create or confer any right to |
| 287 | any inmate to placement in the substance abuse diversion program |
| 288 | or any right to placement or early release under supervision of |
| 289 | any type. |
| 290 | (21) The department shall develop a computerized system to |
| 291 | track recidivism and recommitment of inmates who have |
| 292 | participated in the substance abuse diversion program. The |
| 293 | department shall submit an annual report of the results of the |
| 294 | collected data to the Governor, the President of the Senate, and |
| 295 | the Speaker of the House of Representatives. |
| 296 | (22) The department may adopt rules pursuant to ss. |
| 297 | 120.536(1) and 120.54 to implement this section and to |
| 298 | administer the substance abuse diversion program. |
| 299 | Section 4. This act shall take effect July 1, 2005. |