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A bill to be entitled

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An act relating to substance abuse treatment programs;

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amending s. 397.754, F.S.; requiring the Department of

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Corrections to assess the needs of all inmates for

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substance abuse treatment services; requiring the

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department to provide inmates with individualized

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services; requiring the department to provide training to

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all employees providing substance abuse treatment services

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to inmates; amending s. 775.16, F.S.; requiring a person

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under the supervision of the department to participate in

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and complete a substance abuse treatment and

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rehabilitation program in order to be eligible for

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

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license, permit, or certificate required by any agency of

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the state to practice an occupation, trade, profession, or

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business; amending s. 944.473, F.S.; requiring each inmate

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who meets the criteria to participate in a substance abuse

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treatment program; providing that an inmate has a right to

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receive substance abuse treatment services from the

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department; providing an effective date.

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

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     Section 1.  Section 397.754, Florida Statutes, is amended to

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read:

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     397.754  Duties and responsibilities of the Department of

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Corrections.--The Department of Corrections shall:

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

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arrival at a Department of Corrections reception center for

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initial processing with an assessment of substance abuse

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treatment service needs.

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     (2)  Provide inmates who are admitted to inmate substance

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abuse treatment services with an individualized treatment plan

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

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which includes measurable goals and specifies the types of

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services needed to meet those goals.

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     (3) To the fullest extent possible Provide inmates with

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individualized services.

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     (4)  Develop and maintain systematic methods of research,

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evaluation, and monitoring of the appropriateness and quality of

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substance abuse treatment programs.

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     (5)  Provide inmates who have participated in substance

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abuse treatment programs within 1 month of the date of their

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final release from the correctional facility in which they are

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incarcerated with information regarding options for continuing

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substance abuse services in the community and with referrals for

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

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

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enhance resources to provide for the provision of treatment

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services for inmates and to develop partnerships with other state

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agencies, including, but not limited to, the Department

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Departments of Children and Family Services, the Department of

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Education, the Department of Community Affairs, and the

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Department of Law Enforcement.

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     (7) To the extent of available funding, Provide training to

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employees whose duties involve providing the provision of inmate

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substance abuse treatment services.

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     (8) The department shall By rule set forth procedures with

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respect to individual dignity, nondiscriminatory services,

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quality services, communication for inmates who receive treatment

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for substance abuse, and confidentiality requirements in

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accordance with federal law.

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     Section 2.  Section 775.16, Florida Statutes, is amended to

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read:

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     775.16  Drug offenses; additional penalties.--In addition to

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any other penalty provided by law, a person who has been

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convicted of sale of or trafficking in, or conspiracy to sell or

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traffic in, a controlled substance under chapter 893, if the such

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offense is a felony, or who has been convicted of an offense

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under the laws of any state or country which, if committed in

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this state, would constitute the felony of selling or trafficking

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in, or conspiracy to sell or traffic in, a controlled substance

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under chapter 893, is:

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     (1)  Disqualified from applying for employment by any agency

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of the state, unless:

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     (a)  The person has completed all sentences of imprisonment

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or supervisory sanctions imposed by the court, by the Parole

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Commission, or by law; or

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     (b)  The person has complied with the conditions of

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

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Department of Corrections while the person is under any

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supervisory sanctions. The person under supervision must may:

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     1.  Seek evaluation and enrollment in, and once enrolled

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maintain enrollment in until completion, a drug treatment and

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rehabilitation program that which is approved by the Department

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of Children and Family Services, unless it is deemed by the

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program that the person does not have a substance abuse problem.

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The treatment and rehabilitation program may be specified by:

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

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sanctions;

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

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release, or conditional release; or

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     c.  The Department of Corrections, in the case of

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imprisonment or any other supervision required by law.

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     2. Submit to periodic urine drug testing under pursuant to

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procedures prescribed by the Department of Corrections.  If the

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person is indigent, the costs shall be paid by the Department of

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Corrections.

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

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certificate required by any agency of the state to practice,

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pursue, or engage in any occupation, trade, vocation, profession,

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or business, unless:

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     (a)  The person has completed all sentences of imprisonment

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or supervisory sanctions imposed by the court, by the Parole

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Commission, or by law;

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     (b)  The person has complied with the conditions of

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

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Department of Corrections while the person is under any

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supervisory sanction. If the person fails to comply with

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provisions of these subparagraphs by either failing to maintain

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treatment or by testing positive for drug use, the department

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shall notify the licensing, permitting, or certifying agency,

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which may refuse to reissue or reinstate the such license,

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permit, or certification.  The licensee, permittee, or

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certificateholder under supervision must may:

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     1.  Seek evaluation and enrollment in, and once enrolled

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maintain enrollment in until completion, a drug treatment and

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rehabilitation program which is approved or regulated by the

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Department of Children and Family Services, unless it is deemed

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by the program that the person does not have a substance abuse

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problem.  The treatment and rehabilitation program may be

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specified by:

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

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sanctions;

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

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release, or conditional release; or

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     c.  The Department of Corrections, in the case of

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imprisonment or any other supervision required by law.

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     2. Submit to periodic urine drug testing under pursuant to

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procedures prescribed by the Department of Corrections.  If the

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person is indigent, the costs shall be paid by the Department of

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Corrections; or

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     (c)  The person has successfully completed an appropriate

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program under the Correctional Education Program.

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The provisions of This section does do not apply to any of the

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

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the Department of Revenue in accordance with the provisions of s.

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213.05.

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

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Statutes, is amended to read:

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     944.473  Inmate substance abuse testing program.--

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     (2)  SUBSTANCE ABUSE TREATMENT PROGRAMS.--

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

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department shall participate in substance abuse treatment program

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services when such services are available. A right to substance

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abuse treatment program services is explicitly not stated,

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intended, or otherwise implied by this chapter.

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

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initial processing, each inmate shall be screened and assessed to

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determine if the inmate meets the department's criteria for

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mandated participation in a substance-abuse treatment program.

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Criteria for mandated substance abuse treatment program services

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shall be based on:

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     1.  The presence of a diagnosed psychoactive substance

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dependence or use disorder;

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     2.  The severity of the addiction;

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     3.  A history of criminal behavior related to substance

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abuse;

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     4.  A recommendation by a sentencing authority for substance

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abuse treatment program services;

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     5.  Unsuccessful participation in community-based substance

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abuse treatment services;

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

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     7.  Other classification or program criteria that the

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department finds will ensure security and optimal program

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placement.

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     (c)  When selecting contract providers to administer

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substance abuse treatment programs, the department shall make

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every effort to consider qualified faith-based service groups on

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an equal basis with other private organizations.

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     Section 4.  This act shall take effect July 1, 2008.