Questions
- Is drug testing required for people in treatment under this initiative?
- Aren't Florida's drug courts already doing what this initiative proposes?
- Won't this initiative harm Florida drug courts?
- Could an unlicensed or unskilled person be responsible for a person's treatment plan or program?
- How can we expect treatment to succeed without the threat of jail time?
Answers
1. Is drug testing required for people in treatment under this initiative?
Courts always require drug testing when supervising drug offenders in treatment. The initiative requires a treatment plan that includes "methods of monitoring the individual's progress while in treatment," which will include not only drug testing but other kinds of evaluations. Also, implementing legislation created by the legislature could specify or regulate the use of drug testing.
2. Aren't Florida's drug courts already doing what this initiative proposes?
In many ways, yes -- both systems offer court-supervised treatment to nonviolent drug offenders. But drug courts are often small programs, and are only available in certain courtrooms around Florida. Even people in the same county may not have access to drug court as an alternative to jail.
The Florida Alcohol and Drug Abuse Association, in a 2001 position paper, said, "Despite having the second largest drug court system in the nation, Florida drug courts reach only a small fraction of non-violent drug-law offenders."
The Florida Drug Treatment Initiative creates a statewide system in which everyone is offered the same opportunity for treatment. At a time when budget cuts are slowing the growth of the drug court system, and some drug courts are cutting back or considering closing down, we need this initiative to guarantee the expansion of treatment alternatives.
3. Won't this initiative harm Florida drug courts?
With more people entering court-supervised treatment, it's hard to imagine there will be less need for drug courts. In fact, in two states with similar laws in place, drug court practitioners are implementing the new laws. Drug treatment initiatives in Arizona and California have not harmed drug courts because they have harnessed public support for their work.
There are far more drug courts in Arizona today than there were before Proposition 200 passed in November 1996, when just one drug court was operational. Today, 20 drug courts are active, and eight more are planned.
4. Could an unlicensed or unskilled person be responsible for a person's treatment plan or program?
No. The Florida Drug Treatment Initiative requires that a person must meet the current statutory definition of a "qualified professional" to serve as the designer of a person's treatment plan presented to the court. In general, this means special education, training, and a license or certification specific to addiction therapy. Also, this professional serves an ongoing role advising the court about the person's progress, any changes in the treatment plan, or even recommending termination of treatment. The initiative only gives this role to properly qualified experts.
Treatment programs must be "state-approved" according to existing laws and practices.
EXTRA: The Florida Drug Treatment Initiative refers directly to the definition of "qualified professional" found in Section 397.311(25), Florida Statutes (2000). That definition reads:
(25) "Qualified professional" means a physician licensed under chapter 458 or chapter 459; a professional licensed under chapter 490 or chapter 491; or a person who is certified through a department-recognized certification process for substance abuse treatment services and who holds, at a minimum, a bachelor's degree. A person who is certified in substance abuse treatment services by a state-recognized certification process in another state at the time of employment with a licensed substance abuse provider in this state may perform the functions of a qualified professional as defined in this chapter but must meet certification requirements contained in this subsection no later than 1 year after his or her date of employment.
5. How can we expect treatment to succeed without the threat of jail time?
The fact is, this initiative does require jail time for those who fail out of treatment. Once removed from a program for failure, a person faces the same criminal sentencing as he or she would today -- up to five years behind bars for possession. This is a major incentive to comply with the treatment plan. For more on this subject, please see the fact sheet called, "Sanctions & Consequences" on this website.
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