Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment updates terminology and
requirements for the REACT program.
PURPOSE: This rule identifies the Department of
Mental Health (department) as being responsible for the certification of REACT
programs as mandated by state statute.
(1) Mission. As specified in section
559.633,
RSMo, REACT is a statewide system of comprehensive, accessible, community-based
education and treatment programs designed for individuals who have been found
guilty of, or pled guilty to a Chapter 195 felony drug offense. The mission of
REACT is-
(A) To promote a drug- and
crime-free lifestyle for individuals served;
(B) To provide education and/or treatment on
the multi-faceted consequences of substance use for individuals
served;
(C) To engage individuals
appropriate for treatment towards personal change and recovery; and
(2) Program Functions. REACT
programs shall provide or arrange for screening, education, and treatment
services for individuals referred to the program.
(3) Performance Indicators. The following are
intended as examples of indicators that can be used by the department and the
organization providing REACT to demonstrate achievement of the program's
mission and functions. Indicators can include, but are not limited to the
following:
(A) Characteristics of persons
participating in REACT such as type of offense, prior alcohol and drug
offenses, and prior treatment history;
(B) Consistent use of screening criteria
including the rate at which persons are assigned to education and treatment
programs;
(C) Rate at which persons
successfully complete REACT;
(D)
Reductions in alcohol and drug offenses among those who complete REACT;
and
(E) Satisfaction with services
and feedback as reported by individuals served.
(4) Types of Programs. The department
recognizes and certifies the following types of REACT programs:
(A) REACT Screening Unit (RSU)-provide
substance use screenings as part of the assessment process, including an
individualized interview and recommendation and referral for further services
for individuals under the purview of section
559.630, RSMo;
and
(B) REACT Education Program
(REP) -provide basic education over the course of ten (10) hours to assist
individuals in understanding the choices they made that led to their arrest and
the resulting consequences. All persons completing this course shall develop a
personal change plan to assist them in preventing future
offenses.
(5)
Requirements for Program Certification. REACT programs shall comply with
9 CSR
30-3.032.
(A)
Requirements under 9 CSR 10-7.120 shall be
applicable based on the type of services provided by the program and whether
services are offered to individuals and groups at the program site. In
addition-
1. The program must be located in an
office, clinic, or other professional setting.
2. Screenings must be located in a setting
which provides space for private, one-on-one interviews and ensures
confidentiality. With the department's written approval, screenings may be
conducted at other locations on a limited basis, if confidentiality is assured
and the individual agrees to a screening at the alternate site.
(B) The following regulations
shall be waived for REACT programs unless the department determines a specific
requirement is applicable due to the unique circumstances and service delivery
methods of a program:
1.
9 CSR
10-7.010;
2.
9 CSR
10-7.030;
3.
9 CSR
10-7.060;
4.
9 CSR
10-7.070;
5.
9 CSR
10-7.080;
6.
9 CSR
30-3.100; and
7.
9 CSR
30-3.110.
(6) Other Requirements. Agencies certified as
a REACT program shall follow the regulations in
9 CSR
30-3.201 through
9 CSR
30-3.208, unless otherwise specified in this
rule.
(7) Staff Requirements. REACT
programs shall not utilize any person under the supervision of any federal,
state, county, and/or city correctional department to provide services to
offenders.
(8) Screening
Requirements. All persons referred to REACT shall receive an individualized
screening prior to participating in services to determine the severity of his
or her substance use disorder and the type of education and/or treatment
needed. The program shall utilize a screening instrument approved by the
Department of Corrections (DOC).
(A) Policies
and procedures shall define the program's screening process, including referral
criteria when the screening determines additional services are needed. The
screening process shall include, but is not limited to:
1. Collection of demographic
information;
2. Use of the
standardized screening instrument as required by DOC;
3. A face-to-face interview with a qualified
addiction professional (QAP);
4. A
summary report of screening results;
5. Completion of the REACT Offender
Assignment form and a narrative report provided to the individual's
probation/parole officer; and
6.
Case coordination as needed with the courts, probation and parole, and/or DOC
to verify education and treatment recommendations have been
completed.
(B) A written
screening recommendation shall be provided to the person served.
(C) With proper authorization from the
individual served, collaborative data may be obtained such as treatment history
and relevant information from family members and other natural
supports.
(D) Individuals may
participate in a REP with an agency that did not conduct his/her screening due
to reasonable circumstances such as distance, work schedule, or other
time-related factors.
(9)
Quality Recommendations. The program must develop screening recommendations
that are-
(A) Impartial and solely based on
the needs of the offender and the welfare of society; and
(B) Never used as a means of case finding for
any particular treatment program or as a marketing tool for any REACT
program.
(10) Referral
Guidelines. The program must base its recommendation and referral plan for each
person on the following guidelines:
(A) REP
unless treatment for a substance use disorder is indicated by factors such as
other alcohol/drug-related arrests, screening instrument recommendations, prior
alcohol/drug treatment, or other occupational, relationship, or medical
problems; and
(B) Individuals who
have a serious emotional disorder or serious mental illness which may interfere
with his/her participation in REACT shall be referred to a qualified mental
health professional for an evaluation. Participation in REACT may be delayed
until the individual's mental health needs are evaluated and necessary services
are obtained.
1. RSUs shall maintain an
affiliation agreement or memorandum of understanding with a certified community
mental health center or a licensed mental health professional in order to
promptly coordinate mental health services.
(11) Screening Cost. The cost of the
screening is determined by DOC and shall be paid by the individual served. The
screening fee shall not be excessively greater than relative costs indicate and
include the costs for any case coordination functions necessary to-
(A) Monitor the individual's progress in the
education or treatment program(s); and/or
(B) Coordinate with the courts or probation
and parole.
(12) Notice
of Program Assignment and Completion. The RSU that conducts the screening shall
provide each individual with a REACT Offender Assignment form after completion
of the screening and a REACT Report of Offender Compliance form indicating
successful completion or unsuccessful completion of the education portion of
the program.
(A) The RSU shall provide a copy
of the REACT Offender Assignment form to the referring probation and parole
office within one (1) week of completion of the screening. The RSU shall
provide a copy of the REACT Report of Offender Compliance form to the referring
probation and parole office within one (1) week of each individual's successful
program completion.
(B) The RSU
shall send a copy of the REACT Offender Assignment form and the REACT Report of
Offender Compliance form to DOC, Division of Offender Rehabilitation Services,
2715 Plaza Drive, Jefferson City, MO 65109.
(C) The RSU shall provide a REACT Completion
Certificate to each individual served who successfully completes the
program.
(13) Cost of the
REP. The individual served shall pay for the cost of the REP. The cost is
determined and approved by DOC and shall cover the operating expenses of the
REP.
(14) Curriculum Guide. The REP
shall be conducted in accordance with the curriculum established by DOC. A
program must specifically request and obtain approval from DOC before deviating
in any manner from the established curriculum.
(15) Treatment Programs Recognized for REACT.
When the screening indicates the individual's need for substance use disorder
treatment, arrangements shall be made for the person to participate in such
services.
(A) The recognized providers of
treatment services for individuals in the REACT program include
department-certified, deemed certified, and nationally accredited substance use
disorder treatment programs.
(16) Criteria for Successful Completion of
Treatment. In order to be recognized by REACT as successfully completing
treatment, the individual must have written verification from a
department-certified, deemed certified, or nationally accredited substance use
disorder treatment program that he or she has-
(A) Participated as scheduled in treatment
services for a period of at least ninety (90) days;
(B) Successfully achieved his/her personal
recovery goals; and
(C) Met any
other program requirements for successful completion of treatment. Individuals
with a moderate to severe substance use disorder who have a history of multiple
offenses must participate in a minimum of seventy-five (75) hours of treatment
services during the treatment episode.
(D) Individuals who complete a
department-certified, deemed certified, or nationally accredited substance use
disorder treatment program after being charged or adjudicated for their
offense, but prior to screening with a RSU, must receive approval from DOC to
waive the REACT requirements as a result of his/her participation in such
treatment.
(17) Cost of
Treatment. The individual served is responsible for all costs related to
completion of substance use disorder treatment referenced in or required by
this rule.
(A) Costs related to treatment
shall be based on the department's Standard Means Test sliding fee
scale.
(B) Programs may develop
long-term payment plans to reasonably assist individuals in paying any
outstanding balances.
(18) Review and Approval of Costs. All REACT
screening and education fees approved by DOC shall be periodically reviewed and
adjusted, if necessary, based on the best interests of individuals served,
society, and the programs.
(19)
Supplemental Fee. All REACT programs shall collect a sixty dollar ($60)
supplemental fee from all individuals entering the program in addition to any
other costs that may be charged by the program. The supplemental fee shall be
collected no more than one (1) time from any individual who has entered REACT,
whether for screening or for an educational program.
(20) Remittance of Supplemental Fees. On or
before the fifteenth (15th) day of each month, REACT program directors shall
remit the total of all supplemental fees collected during the prior calendar
month, less two percent (2%) which, by law, may be retained by the program to
offset collection and remittance costs.
(A)
Remittance shall be mailed to: Correctional Substance Abuse Earnings Fund,
Department of Corrections, 2729 Plaza Drive, Jefferson City, MO
65102.
(B) Transfer of supplemental
fees from the program to the Correctional Substance Abuse Earnings Fund shall
be in the form of a single check made payable to the Correctional Substance
Abuse Earnings Fund.
(C) Program
remittance checks shall be accompanied by a Supplemental Fee Remittance Form
(to be provided by DOC at no cost to the program), which shall list name and
Social Security Number of persons paying each supplemental fee being
remitted.
(21)
Documentation of Supplemental Fee Transactions. Each REACT program shall
maintain, at its principal administrative center, a single record of all
supplemental fee transactions which is separate from all other program records.
This separate record will facilitate audits that may be conducted periodically
by the department, DOC, or the state auditor's office. A separate program
record of supplemental fee transactions shall include copies of monthly
remittance forms and copies of checks forwarded to the Correctional Substance
Abuse Earnings Fund.
(22)
Acceptance of Supplemental Fees. DOC shall accept supplemental fee remittances
only from certified REACT programs. Supplemental fee remittances, if received
by DOC from any agency not certified, will be returned to that agency. If an
agency's certification has been revoked, DOC will only accept supplemental fee
remittances that were collected prior to the date the agency's certification
was revoked. Remittances collected by the agency from individuals after the
date of the revocation shall not be accepted by DOC. In such case, the
supplemental fee must be returned to the individual by the agency.
(23) Compliance. Failure to adhere to the
stipulations, conditions, and requirements set forth in this rule shall be
considered cause for revocation of program certification.
*Original authority: 559.630, RSMo 1998: 559.633, RSMo,
1998; 559.635, RSMo 1998: 630.050, 1980, amended 1993, 1995; 630.655, RSMo
1980; and 631.010, RSMo 1980.
