Required Educational Assessment and Community Treatment Program (REACT)

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, communitybased 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 multifaceted consequences of substance use for individuals served; (C) To engage individuals appropriate for treatment towards personal change and recovery; and (D) To contribute to public health and safety in Missouri. (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 303.208, 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 timerelated 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. AUTHORITY: sections 559.630, 559.633, 559.635, 630.050, 630.655, and 631.010, RSMo 2016.* This rule originally filed as 9 CSR 303.800. Original rule filed Oct. 16, 1998, effective March 30, 1999. Moved to 9 CSR 30-3.230 and amended: Filed Feb. 28, 2001, effective Oct. 30, 2001. Amended: Filed Jan. 22, 2019, effective Aug. 30, 2019. *Original authority: 559.630, RSMo 1998; 559.633, RSMo, 1998, amended 2014; 559.635, RSMo 1998; 630.050, 1980, amended 1993, 1995, 2008; 630.655, RSMo 1980; and 631.010, RSMo 1980.