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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Chapter 944
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F.S. 944.473
944.473 Inmate substance abuse testing program.
(1) RULES AND PROCEDURES.The department shall establish programs for random and reasonable suspicion drug and alcohol testing by urinalysis or other noninvasive procedure for inmates to effectively identify those inmates abusing drugs, alcohol, or both. The department shall also adopt rules relating to fair, economical, and accurate operations and procedures of a random inmate substance abuse testing program and a reasonable suspicion substance abuse testing program by urinalysis or other noninvasive procedure which enumerate penalties for positive test results, including but not limited to the forfeiture of both basic and incentive gain-time, and which do not limit the number of times an inmate may be tested in any one fiscal or calendar year.
(a) An inmate who meets the criteria established by the department shall participate in substance abuse program services when such services are available. A right to substance abuse program services is not stated, intended, or otherwise implied by this chapter.
(b) Upon arrival at a department’s reception center for initial processing, each inmate shall be screened and assessed to determine if the inmate meets the department’s criteria for mandated participation in a substance-abuse program. Criteria for mandated substance abuse program services shall be based on:
1. The presence of a diagnosed psychoactive substance dependence or use disorder;
2. The severity of the addiction;
3. A history of criminal behavior related to substance abuse;
4. A recommendation by a sentencing authority for substance abuse program services;
5. Unsuccessful participation in community-based substance abuse services;
6. Sentencing by a drug court or drug division; and
7. Other classification or program criteria that the department finds will ensure security and optimal program placement.
(c) When selecting contract providers to administer substance abuse treatment programs, the department shall make every effort to consider qualified faith-based service groups on an equal basis with other private organizations.
(3) REPORTING REQUIREMENT.The department shall, as part of its annual report, report the number of random and reasonable suspicion substance abuse tests administered in the fiscal year, the number of positive results obtained, the number of negative results obtained, the number of inmates requesting and participating in substance abuse treatment programs as the result of a positive random or reasonable suspicion substance abuse test, and the number of repeat substance abuse offenders.
History.s. 20, ch. 92-310; s. 17, ch. 97-78; s. 4, ch. 2001-110.