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.