Current through Reg. 50, No. 187; September 24, 2024
(1) Authority to Refer. Any offender,
including any minor, who is charged with or convicted of a crime, is eligible
for referral to a provider. The referral may be from the court or from the
criminal or juvenile justice authority which has jurisdiction over that
offender, and may occur prior to, in lieu of, or in addition to, final
adjudication, imposition of penalty or sentence, or other action.
(2) Referral Information. Referrals shall be
in writing and signed by the referral source.
(3) Provider Responsibilities.
(a) If the offender is not appropriate for
placement by the provider, this decision must immediately be communicated to
the referral source and documented in writing within 24 hours, stating reasons
for refusal.
(b) The provider,
after consultation with the referral source, may discharge the offender to the
referral source.
(c) When an
offender is successful or unsuccessful in completing treatment or when the
commitment period expires, the provider shall communicate this to the referral
source.
(4) Assessment of
Juvenile Offenders.
(a) Each juvenile offender
referred by the court and the Department of Juvenile Justice shall be assessed
to determine the need for services for substance use disorders.
(b) The Department, in conjunction with the
court and the Department of Juvenile Justice, shall establish procedures to
ensure that juvenile offenders are assessed for substance use disorders and
that diversion and adjudication proceedings include conditions and sanctions to
address substance use disorders. These procedures must address:
1. Responsibility of local contracted
providers for assessment;
2. The
role of the court in handling non-compliant juvenile offenders; and
3. Priority Services.
4. Families of the juvenile offender may be
required by the court to participate in the assessment process and other
services under the authority found in chapter 985,
F.S.
Rulemaking Authority
397.321(5) FS.
Law Implemented 397.321,
397.410,
397.4014
FS.
New 8-29-19.
