Florida Senate - 2009 SB 1850
By Senator Siplin
19-00650-09 20091850__
1 A bill to be entitled
2 An act relating to substance abuse treatment programs;
3 amending s. 397.754, F.S.; requiring the Department of
4 Corrections to assess the needs of each inmate for
5 substance abuse treatment services; requiring the
6 department to provide inmates with individualized
7 services; requiring the department to provide training
8 to all employees providing substance abuse treatment
9 services to inmates; amending s. 775.16, F.S.;
10 requiring a person under the supervision of the
11 department to participate in and complete a substance
12 abuse treatment and rehabilitation program in order to
13 be eligible for employment by any agency of the state,
14 or to apply for a license, permit, or certificate
15 required by any agency of the state to practice an
16 occupation, trade, profession, or business; amending
17 s. 944.473, F.S.; requiring each inmate who meets
18 certain criteria to participate in a substance abuse
19 treatment program; providing that an inmate has a
20 right to receive substance abuse treatment services
21 from the department; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 397.754, Florida Statutes, is amended to
26 read:
27 397.754 Duties and responsibilities of the Department of
28 Corrections.—The Department of Corrections shall:
29 (1) To the fullest extent possible Provide each inmate
30 inmates upon arrival at a Department of Corrections reception
31 center for initial processing with an assessment of substance
32 abuse treatment service needs.
33 (2) Provide inmates who are admitted to inmate substance
34 abuse treatment services with an individualized treatment plan
35 that which is developed on the basis of assessed need for
36 services and which includes measurable goals and specifies the
37 types of services needed to meet those goals.
38 (3) To the fullest extent possible Provide each inmate
39 inmates with individualized services.
40 (4) Develop and maintain systematic methods of research,
41 evaluation, and monitoring of the appropriateness and quality of
42 substance abuse treatment programs.
43 (5) Provide inmates who have participated in substance
44 abuse treatment programs within 1 month of the date of their
45 final release from the correctional facility in which they are
46 incarcerated with information regarding options for continuing
47 substance abuse services in the community and with referrals for
48 such services as appropriate or upon the inmate's request.
49 (6) In cooperation with other agencies, actively seek to
50 enhance resources to provide for the provision of treatment
51 services for inmates and to develop partnerships with other
52 state agencies, including, but not limited to, the Department
53 Departments of Children and Family Services, the Department of
54 Education, the Department of Community Affairs, and the
55 Department of Law Enforcement.
56 (7) To the extent of available funding, Provide training to
57 employees whose duties involve providing the provision of inmate
58 substance abuse treatment services.
59 (8) The department shall By rule set forth procedures with
60 respect to individual dignity, nondiscriminatory services,
61 quality services, communication for inmates who receive
62 treatment for substance abuse, and confidentiality requirements
63 in accordance with federal law.
64 Section 2. Section 775.16, Florida Statutes, is amended to
65 read:
66 775.16 Drug offenses; additional penalties.—In addition to
67 any other penalty provided by law, a person who has been
68 convicted of sale of or trafficking in, or conspiracy to sell or
69 traffic in, a controlled substance under chapter 893, if the
70 such offense is a felony, or who has been convicted of an
71 offense under the laws of any state or country which, if
72 committed in this state, would constitute the felony of selling
73 or trafficking in, or conspiracy to sell or traffic in, a
74 controlled substance under chapter 893, is:
75 (1) Disqualified from applying for employment by any agency
76 of the state, unless:
77 (a) The person has completed all sentences of imprisonment
78 or supervisory sanctions imposed by the court, by the Parole
79 Commission, or by law; or
80 (b) The person has complied with the conditions of
81 subparagraphs 1. and 2. which shall be monitored by the
82 Department of Corrections while the person is under any
83 supervisory sanctions. The person under supervision must may:
84 1. Seek evaluation and enrollment in, and once enrolled
85 maintain enrollment in until completion, a drug treatment and
86 rehabilitation program that which is approved by the Department
87 of Children and Family Services, unless it is deemed by the
88 program that the person does not have a substance abuse problem.
89 The treatment and rehabilitation program may be specified by:
90 a. The court, in the case of court-ordered supervisory
91 sanctions;
92 b. The Parole Commission, in the case of parole, control
93 release, or conditional release; or
94 c. The Department of Corrections, in the case of
95 imprisonment or any other supervision required by law.
96 2. Submit to periodic urine drug testing pursuant to
97 procedures prescribed by the Department of Corrections. If the
98 person is indigent, the costs shall be paid by the Department of
99 Corrections.
100 (2) Disqualified from applying for a license, permit, or
101 certificate required by any agency of the state to practice,
102 pursue, or engage in any occupation, trade, vocation,
103 profession, or business, unless:
104 (a) The person has completed all sentences of imprisonment
105 or supervisory sanctions imposed by the court, by the Parole
106 Commission, or by law;
107 (b) The person has complied with the conditions of
108 subparagraphs 1. and 2. which shall be monitored by the
109 Department of Corrections while the person is under any
110 supervisory sanction. If the person fails to comply with
111 provisions of these subparagraphs by either failing to maintain
112 treatment or by testing positive for drug use, the department
113 shall notify the licensing, permitting, or certifying agency,
114 which may refuse to reissue or reinstate the such license,
115 permit, or certification. The licensee, permittee, or
116 certificateholder under supervision must may:
117 1. Seek evaluation and enrollment in, and once enrolled
118 maintain enrollment in until completion, a drug treatment and
119 rehabilitation program which is approved or regulated by the
120 Department of Children and Family Services, unless it is deemed
121 by the program that the person does not have a substance abuse
122 problem. The treatment and rehabilitation program may be
123 specified by:
124 a. The court, in the case of court-ordered supervisory
125 sanctions;
126 b. The Parole Commission, in the case of parole, control
127 release, or conditional release; or
128 c. The Department of Corrections, in the case of
129 imprisonment or any other supervision required by law.
130 2. Submit to periodic urine drug testing pursuant to
131 procedures prescribed by the Department of Corrections. If the
132 person is indigent, the costs shall be paid by the Department of
133 Corrections; or
134 (c) The person has successfully completed an appropriate
135 program under the Correctional Education Program.
136 The provisions of This section does do not apply to any of the
137 taxes, fees, or permits regulated, controlled, or administered
138 by the Department of Revenue in accordance with the provisions
139 of s. 213.05.
140 Section 3. Subsection (2) of section 944.473, Florida
141 Statutes, is amended to read:
142 944.473 Inmate substance abuse testing program.—
143 (2) SUBSTANCE ABUSE TREATMENT PROGRAMS.—
144 (a) An inmate who meets the criteria established by the
145 department shall participate in substance abuse treatment
146 program services when such services are available. A right to
147 substance abuse treatment program services is explicitly not
148 stated, intended, or otherwise implied by this chapter.
149 (b) Upon arrival at a department's reception center for
150 initial processing, each inmate shall be screened and assessed
151 to determine if the inmate meets the department's criteria for
152 mandated participation in a substance-abuse treatment program.
153 Criteria for mandated substance abuse treatment program services
154 shall be based on:
155 1. The presence of a diagnosed psychoactive substance
156 dependence or use disorder;
157 2. The severity of the addiction;
158 3. A history of criminal behavior related to substance
159 abuse;
160 4. A recommendation by a sentencing authority for substance
161 abuse treatment program services;
162 5. Unsuccessful participation in community-based substance
163 abuse services;
164 6. Sentencing by a drug court or drug division; and
165 7. Other classification or program criteria that the
166 department finds will ensure security and optimal program
167 placement.
168 (c) When selecting contract providers to administer
169 substance abuse treatment programs, the department shall make
170 every effort to consider qualified faith-based service groups on
171 an equal basis with other private organizations.
172 Section 4. This act shall take effect July 1, 2009.