33-507.001 Substance Abuse Program Services ‒ General Policy.
(1) The department shall provide substance abuse program services at institutions and facilities to the extent that is permitted by available resources.
(2) Effective July 1, 2000, inmates who meet criteria established by the department shall be mandated to participate in substance abuse program services when such services are available.
(3) No right to substance abuse program services is stated, intended, or otherwise implied by this chapter.
Rulemaking Authority 397.754, 944.09 FS. Law Implemented 397.754, 944.09, 944.473 FS. History–New 1-18-95, Formerly 33-37.001, Amended 6-15-00.
33-507.002 Operation of Substance Abuse Programs.
(1) Operation of Substance Abuse Programs.
(a) Inmate substance abuse programs shall be operated under the direction of the program manager within whose program center the program exists.
(b) In order to ensure the provision of quality services, the bureau of substance abuse program services shall have responsibility for administering the overall program, for the development and issuance of performance standards for each program entity with regard to program operation, staffing ratio, hours of service delivery, and other such areas as deemed necessary for the administration of the programs, and for oversight review.
(c) Each program manger shall provide for periodic monitoring activities for programs at institutions and facilities in his or her program center to ensure that performance standards and contact compliance are maintained.
(2) Peer Facilitators.
(a) Use of Peer Facilitators.
1. Peer facilitators are inmates who have successfully completed a substance abuse program and whose positive behavior and attitude have demonstrated the ability to be positive role models for other program participants.
2. Placement in a program as a peer facilitator is considered a full-time job assignment.
3. The role of peer facilitator is not that of a counselor. The duties and responsibilities involved will vary according to the type of substance abuse program involved.
4. In accordance with Rule 33-602.101, F.A.C., no inmate assigned as a peer facilitator will be given control or authority over other inmates.
(b) Qualifications of peer facilitators. To be considered as a peer facilitator, an inmate must have:
1. Completed a substance abuse services program;
2. Demonstrated the ability to be a role model through positive behavior and attitude during recovery; and
3. Sufficient time left to serve on his or her sentence to serve in the program for a period of at least two to six months in an outpatient or residential program. This requirement may be waived when necessary based upon program needs.
(c) Peer Facilitator Selection.
1. Inmates who wish to be considered for assignment as peer facilitators shall apply with the program director, clinical supervisor or designated counselor at the facility.
2. When a peer facilitator position is available, the program director, clinical supervisor or designated counselor shall review the applications available and shall interview those inmates who are qualified, interested, and available for assignment as peer facilitators. The program director, clinical supervisor or designated counselor shall document the results of the interview.
3. Upon completion of the interview, those inmates who have successfully exhibited an understanding of the principles of recovery shall be referred to their dormitory supervisors and work supervisors to obtain written recommendation for peer facilitator assignment based upon review of the inmate’s past behavior and performance.
4. The classification supervisor shall be notified in writing by the program director, clinical supervisor or designated counselor of inmates recommended for assignment as peer facilitators. The classification supervisor shall docket the inmate for consideration for placement by the institutional classification team (ICT) and shall ensure consideration of the inmate’s institutional adjustment and previous work history.
5. The ICT shall review the recommendation and shall approve or disapprove the recommendation for placement as a peer facilitator based upon criteria set forth in this rule.
(d) Training. The program director, clinical supervisor or designated counselor shall ensure that each peer facilitator receives training regarding the peer facilitator’s role, functions and the expectations regarding the peer facilitator’s performance in the program.
Rulemaking Authority 397.754, 944.09 FS. Law Implemented 397.754, 944.09 FS. History–New 1-18-95, Formerly 33-37.002, Amended 6-15-00, 10-29-01.
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.
33-507.202 Substance Abuse Program Services Program ‒ Inmate Procedures.
(1) Consideration for individual dignity shall be accorded to inmates in the provision of substance abuse program services. No employee of the department or of any agency or individual under contract with the department to provide substance abuse program services shall use or authorize deliberate acts of humiliation as part of any substance abuse program.
(2) Substance abuse program services shall be designed to suit each inmate’s individual needs.
(3) Inmates who are assigned to a substance abuse services program shall have an individualized services plan developed by the individual designated as their primary counselor by the department or the contract services provider which shall include services goals and shall specify the types of activities necessary to meet those goals.
(4) Inmate participants in substance abuse services programs shall be subject to the same communication restrictions that apply to inmates in the general population at the institution or facility. Any additional limitations imposed as a part of the substance abuse program shall be agreed to in writing by the inmate participant.
(5) Within one month prior to final release from the facility, inmates participating in substance abuse programs shall be provided with information by their primary counselor or transitional assistance officer regarding options for continuing substance abuse services in the community and with referrals for such services if requested.
Rulemaking Authority 397.754, 944.09 FS. Law Implemented 397.754, 944.09, 944.473 FS. History–New 1-18-95, Formerly 33-37.004, Amended 6-15-00.
33-507.401 Confidentiality of Substance Abuse Program Services.
Files of the department which pertain to the identity, diagnosis, and prognosis of substance abuse program services to any inmate are confidential in accordance with the provisions of Section 397.754(8), F.S., and 42 USCS 290, dd-2, and shall be disclosed only in accordance with these provisions.
Rulemaking Authority 397.754, 944.09 FS. Law Implemented 397.501(7), 397.752, 397.754(8) FS., 42 USC 290 dd-2. History–New 1-18-95, Formerly 33-37.005, Amended 6-15-00.