33-507.201. Substance Abuse Program Services - Determination of Need

(1) Upon arrival at a Department of Corrections’ reception center for initial processing, each inmate shall be screened and assessed to determine if the inmate meets the department’s criteria for mandated substance abuse program participation.

(2) Criteria for mandated substance abuse program services shall be based upon:

(a) The presence of a diagnosed psychoactive substance dependence or use disorder;

(b) The severity of the addiction;

(c) A history of criminal behavior related to substance abuse;

(d) A sentencing authority recommendation for substance abuse program services;

(e) Unsuccessful participation in community-based substance abuse services;

(f) Sentencing by a Drug Court or Drug Division;

(g) Other classification or program criteria as determined by the department to ensure security and optimal program placement.

(3) When, in accordance with criteria established in subsection (2), it is determined that an inmate is in need of substance abuse program services, he or she shall be assigned a priority ranking for services based upon these criteria and shall be placed into available programs or placed on a waiting list for future assignment to a program.

(4) Priority ranking for assignment shall be maintained for all inmates and updated at least monthly. Prioritization ranking shall also be based upon length of sentence remaining to be served, and readiness for program services.

(5) If an inmate refuses to participate in mandatory substance abuse program services, the classification officer shall ensure that this refusal is documented on Form DC5-705, Refusal of Mandatory Substance Abuse Services. Form DC5-705 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is March 29, 2004. Inmates who refuse to participate in mandated substance abuse services shall be subject to disciplinary action.

(a) Inmates who object to or refuse substance abuse programming on the basis of religious content will be given the opportunity to complete a “Request/Consent for Alternative Programming,” Form DC5-713. Form DC5-713 is hereby incorporated by reference. Copies of this form may be obtained from the Forms Control Administrator, Office of Research, Planning and Support Services, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of the form is April 1, 2001.

(b) Inmates refusing placement in traditional substance abuse programs due to their objection of the inclusion of deity based program participation requirements, shall not be subject to disciplinary action for that initial refusal; however, inmates who, after refusing the traditional substance abuse program on the basis of the deity programming, also refuse an alternative substance abuse program which is non-deity, cognitive and behavioral modification based shall be subject to disciplinary action.

(6) Inmates discharged from substance abuse programs due to program rule violations, violation of institutional rules, or behavioral management problems shall be subject to disciplinary action.

(7) Inmates who refuse to participate in mandated program services shall be removed from the priority listing until such time as the inmate agrees to participate in the substance abuse program mandated.

(8) Inmates shall only be subject to disciplinary action when a program slot is available and the inmate refuses to enter or participate in the program.

(a) If an inmate recants an earlier refusal to participate in a mandated program, he or she shall be returned to the priority listing and the priority ranking shall be recalculated.

(b) When a program slot becomes available, the inmate shall be considered for placement into the substance abuse program. Inmates entering a substance abuse program after refusal or who are re-admitted to a program after administrative discharge per subsection (6) of this rule shall be considered at the time of program entry for restoration of incentive gain time in accordance with Rule 33-601.105, F.A.C.

(9) Inmates shall not be denied access to substance abuse program services on the basis of race, gender, ethnicity, age, sexual preference, human immunodeficiency virus status, prior treatment departures against professional advice, disability or number of relapse episodes.

Rulemaking Authority 397.754, 944.09 FS. Law Implemented 397.754, 944.09, 944.473 FS. History–New 1-18-95, Formerly 33-37.003, Amended 6-15-00, 4-1-01, 3-29-04.