PRINTER'S NO. 522
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
498
Session of
2017
INTRODUCED BY DAVIS, DEAN, LONGIETTI, KINSEY, DONATUCCI,
SCHWEYER, DRISCOLL, BULLOCK, WATSON, MURT, MADDEN, V. BROWN,
D. COSTA, DEASY, NEILSON, DAVIDSON, KORTZ, PASHINSKI AND
READSHAW, FEBRUARY 14, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 14, 2017
AN ACT
Authorizing police departments to establish and administer an
ANGEL Program that assists eligible individuals in
identifying and receiving treatment for opiate addiction; and
imposing powers and duties on the Attorney General.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the ANGEL Act.
Section 2. Findings and declarations.
The General Assembly finds and declares as follows:
(1) Opioid addiction should be treated as a health
issue, not a crime.
(2) Combating opioid abuse requires a multifaceted
approach that utilizes intervention, prevention and
rehabilitation efforts within the communities of our
Commonwealth.
(3) Allowing law enforcement officials to assist addicts
in locating treatment will provide an additional tool in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
fighting opioid addiction.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"ANGEL Program" or "program." An ANGEL program established
and operated by a qualified police department in accordance with
this act.
"Controlled substance." As defined in the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.
"Designer drug." As defined in the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.
"Drug paraphernalia." As defined in the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.
"Individualized treatment plan." A treatment plan developed
for a specific participant.
"Participant." An individual who is approved to participate
in a program for the purpose of receiving treatment for opiate
addiction.
"Qualified police department." A police department in this
Commonwealth that operates a program in accordance with this
act.
"Qualified volunteer." An individual who is approved by a
qualified police department to assist participants in a program.
Section 4. ANGEL Program.
(a) Authorization.--A police department may establish and
operate a program in accordance with this act.
20170HB0498PN0522 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b) Guidelines to be developed.--
(1) The Attorney General shall, within 120 days of the
effective date of this section and in consultation with the
Pennsylvania State Police and a Statewide association
representing chiefs of police, develop guidelines for a
program, to be known as an ANGEL Program, that assists
individuals who suffer from opiate addiction and who meet the
eligibility criteria of this act to identify and receive
appropriate treatment.
(2) Eligible individuals utilizing the ANGEL Program
offered by a qualified police department may not be charged
for a criminal offense related to the possession of
controlled substances, designer drugs or drug paraphernalia
if the individual successfully completes an individualized
treatment plan.
(3) In the development of the guidelines, the Attorney
General shall consider eligibility of individuals seeking the
assistance of a qualified police department with their
addictions at a police station as well as in the field.
(4) Guidelines established by the Attorney General shall
be consistent with this act.
(c) Application.--Prior to operating a program, a police
department must apply to the Attorney General for approval to be
designated as a qualified police department. The application
shall be in such form and contain such information as required
by the Attorney General.
(d) Review of application.--
(1) The Attorney General shall review an application
submitted under subsection (c) and, if the application
complies with the guidelines developed under subsection (b),
20170HB0498PN0522 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
approve the applicant as a qualified police department.
Otherwise, the application shall be denied and the reason for
the denial shall be submitted in writing to the applicant.
(2) The Attorney General shall conclude a review of an
application and notify the police department of the approval
or denial of the application within 90 days of receipt.
(3) The Attorney General shall forward a copy of the
approval to the district attorney of the county in which the
qualified police department is located.
Section 5. Program operation.
(a) Process.--At a minimum, a program shall operate as
follows:
(1) When a potential participant arrives at a qualified
police department, a police officer shall be assigned to the
potential participant.
(2) The police officer shall determine the eligibility
of the potential participant and confirm that the potential
participant has completed the required program application
and participant agreement developed by the qualified police
department and approved by the Attorney General.
(3) If the police officer determines that the individual
is eligible to participate in the program, the police officer
may utilize and contact a qualified volunteer for the purpose
of learning the circumstance of the participant, educating
the participant on the rehabilitative process, providing
moral support for the participant and assisting in the
identification of available treatment facilities.
(4) The qualified volunteer or police officer shall
contact a treatment facility that may assist the qualified
police department in determining an individualized treatment
20170HB0498PN0522 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
plan for the participant and may provide opiate addiction
treatment.
(5) If the qualified volunteer or police officer
determines that placement in a treatment facility is not
available, the qualified volunteer or police officer may not
permit the participant to leave the qualified police
department without locating a safe place to temporarily
reside and shall determine an alternative plan to seek other
opiate addiction treatment.
(b) Duty to contact emergency dispatch.--
(1) If at any time a participant or potential
participant shows signs or symptoms of withdrawal or requests
emergency medical attention, the police department or
qualified volunteer shall contact emergency dispatch.
(2) Nothing in this subsection shall be construed to
prohibit an individual who may obtain a supply of naloxone
from administering a supply of naloxone to an individual
undergoing, or who is reasonably believed to be undergoing,
an opioid-related drug overdose as provided in the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
(c) Transportation.--
(1) A qualified police department may request the
participant or the family of the participant to pay or
contribute to transportation costs.
(2) A qualified police department may utilize emergency
transportation services or other transportation services that
have volunteered for the purpose of transporting a
participant to a treatment facility if the transportation has
been approved by the qualified police department.
20170HB0498PN0522 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) A police officer or qualified volunteer shall remain
with a participant during transportation to a treatment
facility.
Section 6. Participant eligibility.
(a) Requirements.--A potential participant must meet the
following requirements in order to participate in the program:
(1) Be at least 18 years of age or have the consent of a
parent or legal guardian.
(2) Complete the required program application and
participant agreement.
(b) Disqualifications.--A potential participant shall be
deemed ineligible when:
(1) The potential participant has an outstanding arrest
warrant.
(2) The potential participant has three or more drug-
related arrests on the potential participant's criminal
record and at least one of those arrests resulted in a
conviction under any of the following:
(i) 18 Pa.C.S. § 6317 (relating to drug-free school
zones).
(ii) 18 Pa.C.S. § 7508 (relating to drug trafficking
sentencing and penalties).
(3) The police officer has reasonable belief that the
qualified volunteer could be seriously harmed by the
potential participant.
(c) Repeat participant.--No participant may be refused
participation in a program due to previous participation in the
program.
Section 7. Participant agreement.
(a) Requirement.--In order to participate in a program, an
20170HB0498PN0522 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
eligible participant must complete a participant agreement which
expresses in writing to the qualified police department the
understanding that:
(1) The participant is willing to accept and complete
opiate addiction treatment in a treatment facility.
(2) A qualified volunteer may be present to assist the
police department in the operation of the program.
(3) A different qualified volunteer may be assigned to
the participant at any time if the participant expresses that
the participant is not comfortable with the assigned
qualified volunteer.
(4) A qualified volunteer does not have to be assigned
if the participant expresses discomfort.
(5) The qualified police department may contact the
participant in the future in order to learn about the
experience of the participant in the program.
(6) A hospital or participating treatment facility that
provides treatment to the participant as part of the program
may update the qualified police department on the treatment
status of the participant.
(7) The exchange of contact information with a qualified
volunteer is a mutual agreement between both parties.
(8) Any communication with a qualified volunteer outside
of the program is not considered part of the program.
(b) Reports of participating hospitals and treatment
facilities.--Information on a participant's treatment status and
experience in a program, provided by a participating hospital or
treatment center to a qualified police department, shall be
strictly confidential and used solely for statistical purposes
which determine the success of the program.
20170HB0498PN0522 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 8. Qualified volunteer eligibility.
(a) Application.--A police department may require a
potential qualified volunteer to complete an application and
background screening.
(b) Impairments.--
(1) An individual participating as a qualified volunteer
may not have a mental or physical condition that would cause
an impairment to the individual's capability to serve in the
program.
(2) Individuals in recovery and familiar with addiction
shall not be disqualified from serving as a qualified
volunteer in the program.
Section 9. Qualified volunteer agreement.
A qualified volunteer must complete a volunteer agreement,
developed by the qualified police department, which at a minimum
expresses the understanding that:
(1) Any information, written, verbal or otherwise,
obtained during the time in which the qualified volunteer
participates in the program shall remain confidential,
including all information pertaining to:
(i) Participants.
(ii) Families of participants.
(iii) Members or staff of the police department.
(iv) Employees of participating hospitals.
(v) Employees of participating treatment facilities.
(vi) Any other organization or person designated by
the qualified police department.
(2) Failure to maintain confidentiality as required by
this section may, at the discretion of the qualified police
department, be grounds for immediate dismissal from the
20170HB0498PN0522 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
program.
(3) An exchange of contact information with a
participant may only occur with the mutual agreement of the
participant and the qualified volunteer.
(4) Any contact between a qualified volunteer and a
participant outside of the program shall not be considered
part of the program.
(5) All risks and responsibilities for any and all
property damage and bodily injury that may be sustained while
participating in the program is assumed solely by the
qualified volunteer.
Section 10. Existing programs.
A police department that establishes, prior to the effective
date of this section, a program that operates consistent with an
ANGEL Program shall not be required to submit an application and
obtain approval by the Attorney General as provided in section
4.
Section 11. Effective date.
This act shall take effect immediately.
20170HB0498PN0522 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19