HB 0459

1
A bill to be entitled
2An act relating to substance abuse services; creating s.
3397.4161, F.S.; providing for certification of certain
4substance abuse services employees who provide certain
5client services; providing a directive to the Division of
6Statutory Revision; creating s. 397.755, F.S.; directing
7the Department of Corrections to create a substance abuse
8diversion program; providing eligibility criteria for the
9program; requiring judicial approval for entry to the
10program; requiring notice to the state attorney and the
11inmate's counsel; providing a time limit for the judge to
12respond; directing the department to prepare a postrelease
13treatment plan; requiring the department to notify the
14judge before releasing the inmate into the community;
15requiring the inmate to abide by the order of supervision
16and the rules of the department; directing the department
17to provide special training to employees working in the
18program; authorizing the department to develop
19performance-based contracts to supply services to the
20program; permitting the department to establish a system
21of incentives to promote participation in rehabilitative
22programs; providing that this act does not confer any
23right to placement in the substance abuse diversion
24program; directing the department to track recidivism and
25recommitment of inmates who have participated in the
26program; requiring a report to the Governor and
27Legislature; authorizing rulemaking; providing an
28effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Section 397.4161, Florida Statutes, is created
33to read:
34     397.4161  Substance abuse services; clinical personnel
35certification.--
36(1)  Persons employed by licensed service providers who
37provide clinical services to clients who are substance abuse
38impaired or at risk of substance abuse impairment shall be
39certified through a department-recognized certification process
40as provided in s. 397.321(16). This subsection applies to
41employees who provide any combination of the following services
42on 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
52certified on the effective date of this act may continue
53providing such services on the condition that they:
54     (a)  Provide verification to the licensed services provider
55within 6 months after the effective date of this act of
56acceptance into a department-recognized certification process;
57and
58     (b)  Once accepted into a certification process, provide
59verification to the licensed services provider on a monthly
60basis of continuous participation in the certification process
61until certified.
62     (3)  Affected employees may provide clinical services in
63accordance with their level of certification.
64     Section 2.  The Division of Statutory Revision is directed
65to substitute the date on which this act takes effect for the
66phrase "the effective date of this act" wherever it occurs in s.
67397.4161, Florida Statutes, when preparing that section for
68publication in the next edition of the Florida Statutes.
69     Section 3.  Section 397.755, Florida Statutes, is created
70to read:
71     397.755  Substance abuse diversion program.--
72     (1)(a)  The department shall develop and implement a
73substance abuse diversion program for inmates. The program shall
74provide a mechanism by which an eligible, nonviolent, low-risk
75inmate who poses a minimal foreseeable risk to the public, and
76who has been identified as being in need of substance abuse
77treatment, may be diverted into a substance abuse diversion
78program.
79     (b)  If an inmate is determined to be eligible for the
80substance abuse diversion program, the department shall contact
81the judge who must approve the inmate's placement into the
82program. The judge must also agree to modify the remainder of
83the inmate's sentence to probation, community control, or drug
84offender probation upon successful completion of the in-prison
85treatment component.
86     (c)  Following completion of the in-prison treatment
87component, the inmate shall be placed under intensive
88supervision in the community. While in the community, the inmate
89shall be subject to special conditions of supervision,
90including, but not limited to, participation in an aftercare
91substance abuse program. Whenever possible, the inmate's case
92shall be transferred to a drug court or reentry drug court, if
93one is available and operating in the jurisdiction into which
94the inmate is released.
95     (2)  As used in this section, the term "judge" means the
96inmate's sentencing judge or, if unavailable, a judge designated
97by the chief judge in the circuit from which the inmate was
98sentenced.
99     (3)  The department's substance abuse diversion program
100shall consist of a prison-based substance abuse treatment
101program and a community-based aftercare treatment program.
102     (a)  The substance abuse diversion program must be
103specifically designed to be intensive and may have a work-
104release component as part of the program. The in-prison
105component may be operated in secure areas in or adjacent to an
106adult institution, a community residential center, or a work-
107release center.
108     (b)  An inmate who completes the in-prison treatment
109component shall have his or her prison sentence modified to
110probation, community control, or drug offender probation. The
111inmate shall have special conditions attached to the probation,
112community control, or drug offender probation requiring the
113inmate to participate in an aftercare substance abuse program.
114     (4)  Before an inmate may participate in the substance
115abuse diversion program, the inmate must:
116     (a)  Be determined to be eligible by the department using
117the criteria set forth in this section.
118     (b)  Consent to participate in both the prison and
119community-based components.
120     (c)  Have no limitations that would preclude participation
121in the rehabilitation efforts of the program.
122     (d)  Be approved by the inmate's judge to participate in
123the program. If the judge agrees to the inmate's participation,
124the judge shall agree to modify the inmate's remaining sentence
125upon successful completion of the in-prison treatment component.
126     (5)  The department shall determine if an inmate is
127eligible for the substance abuse diversion program. An inmate
128must be screened at the reception center for program
129eligibility. The department shall also continuously screen all
130inmates incarcerated in department institutions and facilities
131for eligibility to participate in the substance abuse diversion
132program. A sentencing court may recommend to the department that
133an inmate be considered for admission to the diversion program.
134     (a)  When screening for inclusion in the substance abuse
135diversion program, the department may consider the inmate's
136criminal history, need for substance abuse treatment, general
137rehabilitative interests, and potential risk to the public. The
138department may also consider the operational needs of the
139department and the victim's comments.
140     (b)  An inmate is ineligible for consideration for
141placement in the program unless all of the following criteria
142are met:
143     1.  Is identified as being in need of substance abuse
144treatment.
145     2.  Is serving a sentence or combined sentence of 10 years
146or less.
147     3.  Agrees to participate in the in-prison treatment
148component.
149     4.  Is minimum or community custody status.
150     5.  Has at least 18 months remaining in his or her
151sentence.
152     6.  Has no prior conviction, as defined in s. 772.12, or
153prior commitment to prison in any jurisdiction and is not
154currently serving a commitment to prison for committing or
155attempting 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.
159775.084(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
162felony listed in sub-subparagraphs a.-d. if that offense had
163been 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
166admission and space is available, the department shall submit a
167written notification to the judge regarding the inmate's
168eligibility for the substance abuse diversion program. The court
169shall approve or disapprove participation in the program.
170     (b)  If the judge agrees to the inmate's participation, the
171judge shall agree to modify the remainder of the inmate's prison
172sentence to probation, community control, or drug offender
173probation after the inmate successfully completes the in-prison
174treatment component. A modified order must include special
175conditions of supervision requiring the inmate to participate in
176an aftercare substance abuse program. The order may also include
177participation in a drug court or reentry drug court program if
178one is operating in the jurisdiction into which the inmate will
179be released. If a drug court or reentry drug court is
180operational, the judge is encouraged to transfer the inmate's
181case to one of those courts. The judge retains the sole
182authority to modify the inmate's original sentence.
183     (7)(a)  At the time the department submits its written
184notification to the judge to place an inmate in the substance
185abuse diversion program, the department shall deliver a copy of
186the notification to the state attorney and the inmate's counsel.
187     (b)  The state attorney may submit comments to the court
188with a recommendation regarding the inmate's placement in the
189program.
190     (c)  The state attorney shall notify the victim, if any,
191that the inmate is being considered for placement in a substance
192abuse diversion program.
193     (d)  The state attorney shall notify the court, the
194department, and the inmate's counsel of his or her
195recommendation within 14 days after receiving a copy of the
196department's written notification to place the inmate in the
197substance abuse diversion program. The state attorney's response
198must be in writing.
199     (8)(a)  The court shall notify the department, the state
200attorney, and the inmate's counsel in writing of its decision
201regarding the inmate within 21 days after receipt of the
202department's notification.
203     (b)  Failure of the court to notify the department within
20421 days shall be deemed to be a denial of the inmate's placement
205in the substance abuse diversion program and subsequent
206modification of sentence. An inmate who is not approved for
207participation in the program shall remain in the prison
208population as assigned by the department.
209     (9)  An eligible inmate who is approved to participate in
210the substance abuse diversion program, and for whom the court
211has agreed in writing to modify the inmate's sentence upon
212successful completion of the in-prison treatment component, may
213enter the program, contingent upon available program space. An
214inmate's agreement to participate in the substance abuse
215diversion program constitutes consent to the special conditions
216of supervision effective when the inmate is discharged into the
217community.
218     (10)  The portion of the inmate's sentence served prior to
219entering the diversion program does not count toward program
220completion.
221     (11)  If, after placement in the diversion program, the
222inmate appears unable to participate due to medical or other
223reasons, he or she must be examined by qualified medical
224personnel or qualified nonmedical personnel appropriate for the
225inmate's situation, as determined by the department. The
226qualified personnel shall consult with the director of the
227substance abuse diversion program, and the director shall
228determine if the inmate may continue with treatment or if the
229inmate must be discharged from the program.
230     (12)  Before the inmate completes the in-prison treatment
231component, the department shall evaluate the inmate's needs and
232develop a postrelease treatment plan that includes substance
233abuse aftercare services.
234     (13)  When the inmate successfully completes the in-prison
235treatment component, the department shall notify the court of
236the inmate's successful completion of the program. Thereafter,
237the court shall issue an order modifying the inmate's sentence.
238The modified order shall convert the remainder of the inmate's
239prison sentence to a period of probation, community control, or
240drug offender probation, if eligible, with special conditions,
241including, but not limited to, participation in substance abuse
242treatment and aftercare.
243     (14)  If it is available in the jurisdiction into which the
244inmate will be released, the court may:
245     (a)  Order the inmate to reside in a postrelease
246transitional residential halfway house.
247     (b)  Transfer the inmate's case to a drug court or reentry
248drug court for supervision.
249     (15)(a)  The inmate shall comply with all conditions of
250supervision imposed by the modified order. Violation of any
251condition may result in revocation of supervision by the court
252and imposition of any sentence authorized under the law. While
253on probation, community control, or drug offender probation, the
254inmate shall pay the cost of supervision to the state and may
255have additional conditions requiring payment of restitution,
256court costs, and fines; public service; and compliance with
257other special conditions.
258     (b)  An inmate in the substance abuse diversion program is
259subject to the rules of conduct established by the department
260and may have sanctions imposed, including loss of privileges,
261restrictions, disciplinary confinement, and the forfeiture of
262gain-time or the right to earn gain-time in the future,
263alteration of release plans, termination from the substance
264abuse diversion program, or other program modifications in
265keeping with the nature and gravity of the program violation.
266The department may place an inmate in the substance abuse
267diversion program in an administrative or protective
268confinement, as necessary.
269     (16)  The department shall implement the substance abuse
270diversion program to the fullest extent feasible within the
271terms of this section and available resources.
272     (17)  The department shall provide a special training
273program for staff members selected to serve in the substance
274abuse diversion program.
275     (18)  The department may develop and enter into
276performance-based contracts with qualified individuals,
277agencies, or corporations to supply any or all services provided
278in the substance abuse diversion program. However, no contract
279shall be entered into or renewed unless the contract offers a
280substantial savings to the department, as determined by the
281department.
282     (19)  The department may establish a system of incentives
283within the substance abuse diversion program to promote
284participation in rehabilitative programs and the orderly
285operation of institutions and facilities.
286     (20)  This section does not create or confer any right to
287any inmate to placement in the substance abuse diversion program
288or any right to placement or early release under supervision of
289any type.
290     (21)  The department shall develop a computerized system to
291track recidivism and recommitment of inmates who have
292participated in the substance abuse diversion program. The
293department shall submit an annual report of the results of the
294collected data to the Governor, the President of the Senate, and
295the Speaker of the House of Representatives.
296     (22)  The department may adopt rules pursuant to ss.
297120.536(1) and 120.54 to implement this section and to
298administer the substance abuse diversion program.
299     Section 4.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.