PRINTER'S NO. 1236
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
922
Session of
2017
INTRODUCED BY LANGERHOLC, SCARNATI, RAFFERTY, WHITE, BREWSTER,
COSTA, BARTOLOTTA, WARD, VULAKOVICH, MENSCH, YAW, GREENLEAF,
BLAKE, YUDICHAK, MARTIN AND STEFANO, OCTOBER 11, 2017
REFERRED TO JUDICIARY, OCTOBER 11, 2017
AN ACT
Amending Titles 35 (Health and Safety), 42 (Judiciary and
Judicial Procedure) and 61 (Prisons and Parole) of the
Pennsylvania Consolidated Statutes, establishing the
Nonnarcotic Medication Substance Abuse Treatment Program; in
organization and jurisdiction of courts of common pleas,
providing for court assessments for substance abuse
treatment; in other criminal provisions, further providing
for supervisory relationship to offenders; and, in State
parole agents, further providing for supervisory relationship
to offenders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 52B
NONNARCOTIC MEDICATION
SUBSTANCE ABUSE TREATMENT PROGRAM
Sec.
52B01. Definitions.
52B02. Program established.
52B03. Single county authority requirements.
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52B04. Use of grant funding.
52B05. Powers and duties of department.
§ 52B01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Court." A court of common pleas of a judicial district, a
problem-solving court and the Municipal Court of Philadelphia.
"Department." The Department of Drug and Alcohol Programs of
the Commonwealth.
"Eligible provider." An organization or entity capable of:
(1) assessing a defendant to determine if the defendant
is a candidate to whom medication that prevents a relapse to
drug and alcohol dependence should be administered;
(2) providing an individualized treatment plan; and
(3) administering long-acting nonnarcotic, nonaddictive
medication.
"Nonnarcotic medication assisted substance abuse treatment."
A substance abuse treatment that includes the use of long-acting
nonnarcotic, nonaddictive medication, as well as counseling and
other substance abuse treatment measures as deemed clinically
appropriate by a provider.
"Program." The Nonnarcotic Medication Substance Abuse
Treatment Program established under this chapter.
"Single county authority." An agency designated by the
Department of Health pursuant to the act of April 14, 1972
(P.L.221, No.63), known as the Pennsylvania Drug and Alcohol
Abuse Control Act, to plan and coordinate drug and alcohol
prevention, intervention and treatment services for a geographic
area, which may consist of one or more counties.
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§ 52B02. Program established.
The Nonnarcotic Medication Substance Abuse Treatment Program
is established within the department to increase opportunities
for single county authorities to provide long-acting
nonnarcotic, nonaddictive medication combined with comprehensive
substance abuse treatment to defendants as may be clinically
appropriate through the awarding of grants. To the extent grant
money is available, a single county authority may contract with
an eligible provider to make available nonnarcotic medication
assisted substance abuse treatment to any defendant upon whom a
court imposes a sentence of confinement, intermediate
punishment, an alternative sentence, probation, Accelerated
Rehabilitative Disposition or a fine.
§ 52B03. Single county authority requirements.
In order to be eligible for grant funding under the program,
a single county authority shall:
(1) Make an application on a form and in a manner
determined by the department.
(2) Enter into a memorandum of understanding with one or
more eligible providers as required under section 52B04
(relating to use of grant funding).
(3) Meet any other requirement established by the
department.
§ 52B04. Use of grant funding.
A single county authority awarded a grant under the program
shall contract with an eligible provider that shall:
(1) Assess each defendant to determine if the defendant
is a candidate to be administered medication that prevents
relapse to drug dependence or alcohol dependence, or both.
(2) Create an individualized program for each defendant
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identified under paragraph (1).
(3) Provide access to and administer nonnarcotic
medication assisted treatment when clinically appropriate.
(4) Provide clinically appropriate inpatient or
outpatient services determined necessary to support each
individual's treatment plan.
(5) Establish a plan and timetable to collect and
disseminate information to the department relating to
recidivism, deterrence and overall effectiveness of the
program.
§ 52B05. Powers and duties of department.
(a) General rule.--The department shall:
(1) Create a form for single county authorities to apply
for grant funding under the program.
(2) Establish criteria for eligible single county
authorities applying for grant funding under the program.
(3) Create a form available to providers to be used to
confirm that an offender is eligible for and enrolled in the
program.
(4) Promulgate rules and regulations necessary to
implement this chapter.
(5) Seek input from the Supreme Court regarding the
powers and duties enumerated under this chapter.
(6) Issue a report to the General Assembly relating to
recidivism, deterrence and overall effectiveness of the
program no later than one year from the effective date of
this section and no later than December 15th of every
calendar year thereafter.
(b) Limits on grant awards.--Grant awards shall be at the
discretion of the department and shall be limited to amounts
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annually appropriated to the department for the program.
(c) Statewide substance abuse treatment assessment
coordinator.--To the extent that money is available, the
department may appoint a Statewide substance abuse treatment
assessment coordinator. The coordinator may:
(1) Encourage and assist in the establishment of
substance abuse treatment assessments in each judicial
district.
(2) Identify sources of funding for substance abuse
treatment assessments, including the availability of grants.
(3) Provide coordination and technical assistance for
grant applications.
(4) Develop model guidelines for the administration of
substance abuse treatment assessments.
(5) Establish procedures for monitoring substance abuse
treatment assessments and for evaluating the effectiveness of
substance abuse treatment assessments.
(d) Advisory committee.--The department may establish, from
available money, an interdisciplinary and interbranch advisory
committee to advise and assist the Statewide substance abuse
treatment assessment coordinator in monitoring and
administrating substance abuse treatment assessments Statewide.
Section 2. Title 42 is amended by adding a section to read:
§ 918. Court assessments for substance abuse treatment.
(a) Establishment.--Except as provided in subsection (b),
the court of common pleas of a judicial district, a problem-
solving court and the Municipal Court of Philadelphia may order
a defendant charged with a drug-related offense upon whom a
court imposes a sentence of confinement, intermediate
punishment, an alternative sentence, probation, Accelerated
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Rehabilitative Disposition or a fine to be assessed by an
eligible provider to determine whether the use of a nonnarcotic
medication assisted substance abuse treatment program may be
clinically appropriate for the defendant. The court may adopt
local rules for substance abuse treatment assessments. The local
rules may not be inconsistent with this section or any rules
established by the Supreme Court.
(b) Noneligibility.--The following defendants are not
eligible for the program under subsection (a). A defendant who:
(1) Has demonstrated violent behavior.
(2) Has been subject to a sentence which included an
enhancement for the use of a deadly weapon as defined under
law or the sentencing guidelines promulgated by the
Pennsylvania Commission on Sentencing.
(3) Has been found guilty of or was convicted of an
offense involving a deadly weapon, an offense under 18
Pa.C.S. Ch. 61 (relating to firearms and other dangerous
articles) or an equivalent offense under the laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of
Puerto Rico or a foreign nation.
(4) Has been found guilty of or previously convicted of
or adjudicated delinquent for or an attempt or conspiracy to
commit a personal injury crime as defined under section 103
of the act of November 24, 1998 (P.L.882, No.111), known as
the Crime Victims Act, except for an offense under 18 Pa.C.S.
§ 2701 (relating to simple assault) when the offense is a
misdemeanor of the third degree, or an equivalent offense
under the laws of the United States or one of its territories
or possessions, another state, the District of Columbia, the
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Commonwealth of Puerto Rico or a foreign nation.
(5) Has been found guilty, previously convicted or
adjudicated delinquent for violating any of the following
provisions or an equivalent offense under the laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of
Puerto Rico or a foreign nation:
(i) 18 Pa.C.S. § 4302(a) (relating to incest).
(ii) 18 Pa.C.S. § 5901 (relating to open lewdness).
(iii) 18 Pa.C.S. Ch. 76 Subch. C (relating to
Internet child pornography).
(iv) Received a criminal sentence pursuant to 42
Pa.C.S. § 9712.1 (relating to sentences for certain drug
offenses committed with firearms).
(v) Any offense for which registration is required
under 42 Pa.C.S. Ch. 97 Subch. H (relating to
registration of sexual offenders).
(6) Is awaiting trial or sentencing for additional
criminal charges, if a conviction or sentence on the
additional charges would cause the defendant to become
ineligible under this subsection.
(c) Failure to participate.--If treatment is determined
clinically appropriate by an eligible provider, a defendant's
failure to participate in a recommended treatment plan as
determined by the court-ordered assessment may be considered by
the court to be a probation or parole violation and treated as
such under appropriate State or local court rules.
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
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"Drug-related offense." Except for the offenses listed under
subsection (b), a criminal offense which the court determines
was motivated by the defendant's consumption of or addiction to
alcohol or a controlled substance, counterfeit, designer drug,
drug, immediate precursor or marihuana, as those terms are
defined in the act of April 14, 1972 (P.L.233, No.64), known as
The Controlled Substance, Drug, Device and Cosmetic Act.
"Eligible provider." An organization or entity capable of:
(1) assessing a defendant to determine if the defendant
is a candidate to whom medication that prevents a relapse to
drug and alcohol dependence should be administered;
(2) providing an individualized treatment plan; and
(3) administering long-acting nonnarcotic, nonaddictive
medication.
"Nonnarcotic medication assisted substance abuse treatment."
A substance abuse treatment that includes the use of long-acting
nonnarcotic, nonaddictive medication as well as counseling and
other substance abuse treatment measures as deemed clinically
appropriate by a provider.
Section 3. Section 9912 of Title 42 is amended by adding a
subsection to read:
§ 9912. Supervisory relationship to offenders.
* * *
(e.2) Recommendation of offenders for nonnarcotic medication
assisted substance abuse treatment.--
(1) An officer may recommend that an offender under
their supervision be assessed by an eligible provider to
determine whether the use of the program may be clinically
appropriate for the offender as described in section 918
(relating to court assessments for substance abuse
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treatment).
(2) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph:
"Eligible provider." An organization or entity capable
of:
(i) assessing a defendant to determine if the
defendant is a candidate to whom medication that prevents
a relapse to drug and alcohol dependence should be
administered;
(ii) providing an individualized treatment plan; and
(iii) administering long-acting nonnarcotic,
nonaddictive medication.
"Program." The Nonnarcotic Medication Substance Abuse
Treatment Program established under 35 Pa.C.S. Ch. 52B
(relating to Nonnarcotic Medication Substance Abuse Treatment
Program).
* * *
Section 4. Section 6153 of Title 61 is amended by adding a
subsection to read:
§ 6153. Supervisory relationship to offenders.
* * *
(e.1) Recommendation of offenders for nonnarcotic medication
assisted substance abuse treatment.--
(1) An agent may recommend that an offender under their
supervision be assessed by an eligible provider to determine
whether the use of the program may be clinically appropriate
for the offender as described in 42 Pa.C.S. § 918 (relating
to court assessments for substance abuse treatment).
(2) As used in this subsection, the following words and
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phrases shall have the meanings given to them in this
paragraph:
"Eligible provider." An organization or entity capable
of:
(i) assessing a defendant to determine if the
defendant is a candidate to whom medication that prevents
a relapse to drug and alcohol dependence should be
administered;
(ii) providing an individualized treatment plan; and
(iii) administering long-acting nonnarcotic,
nonaddictive medication.
"Program." The Nonnarcotic Medication Substance Abuse
Treatment Program established under 35 Pa.C.S. Ch. 52B
(relating to Nonnarcotic Medication Substance Abuse Treatment
Program).
* * *
Section 5. This act shall take effect in 60 days.
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