Regular Session 2017-2018 Senate Bill 0922 P.N. 1597

PRIOR PRINTER'S NO. 1236

PRINTER'S NO. 1597

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

SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MARCH 27, 2018

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.

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 USE DISORDER TREATMENT

PROGRAM; IN ORGANIZATION AND JURISDICTION OF COURTS OF COMMON

PLEAS, PROVIDING FOR COURT ASSESSMENTS FOR SUBSTANCE USE

DISORDER TREATMENT; IN OTHER CRIMINAL PROVISIONS, FURTHER

PROVIDING FOR SUPERVISORY RELATIONSHIP TO OFFENDERS; AND, IN

PENNSYLVANIA BOARD OF PROBATION AND PAROLE, 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

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SUBSTANCE ABUSE TREATMENT PROGRAM

Sec.

52B01. Definitions.

52B02. Program established.

52B03. Single county authority requirements.

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

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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.

§ 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

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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

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

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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

annually appropriated to the department for the program.

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),

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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

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

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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

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.

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

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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:

"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.--

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(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

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

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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

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.

CHAPTER 52B

NONNARCOTIC MEDICATION

SUBSTANCE USE DISORDER TREATMENT PROGRAM

SEC.

52B01. DEFINITIONS.

52B02. PROGRAM ESTABLISHED.

52B03. SINGLE COUNTY AUTHORITY REQUIREMENTS.

52B04. USE OF GRANT FUNDING.

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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 LICENSED BY

THE COMMONWEALTH CAPABLE OF:

(1) ASSESSING AN OFFENDER TO DETERMINE IF THE OFFENDER

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 AN FDA-APPROVED NONNARCOTIC MEDICATION

INDICATED FOR USE IN TREATING A SUBSTANCE USE DISORDER.

"NONNARCOTIC MEDICATION ASSISTED SUBSTANCE USE DISORDER

TREATMENT." A SUBSTANCE USE DISORDER TREATMENT THAT INCLUDES

THE USE OF AN FDA-APPROVED NONNARCOTIC MEDICATION INDICATED FOR

USE IN TREATING A SUBSTANCE USE DISORDER, AS WELL AS COUNSELING

AND OTHER SUBSTANCE USE DISORDER TREATMENT MEASURES AS DEEMED

CLINICALLY APPROPRIATE BY AN ELIGIBLE PROVIDER.

"PROGRAM." THE NONNARCOTIC MEDICATION SUBSTANCE USE DISORDER

TREATMENT PROGRAM ESTABLISHED UNDER THIS CHAPTER.

"SINGLE COUNTY AUTHORITY." AN AGENCY DESIGNATED BY THE

DEPARTMENT OF HEALTH UNDER 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

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MAY CONSIST OF ONE OR MORE COUNTIES.

§ 52B02. PROGRAM ESTABLISHED.

THE NONNARCOTIC MEDICATION SUBSTANCE USE DISORDER TREATMENT

PROGRAM IS ESTABLISHED WITHIN THE DEPARTMENT TO INCREASE

OPPORTUNITIES FOR SINGLE COUNTY AUTHORITIES TO PROVIDE

COMPREHENSIVE SUBSTANCE USE DISORDER TREATMENT TO OFFENDERS AS

MAY BE CLINICALLY APPROPRIATE THROUGH THE AWARDING OF GRANTS. TO

THE EXTENT THAT GRANT MONEY IS AVAILABLE, A SINGLE COUNTY

AUTHORITY MAY CONTRACT WITH AN ELIGIBLE PROVIDER TO MAKE

AVAILABLE NONNARCOTIC MEDICATION ASSISTED SUBSTANCE USE DISORDER

TREATMENT TO ANY OFFENDER 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 CONTRACT 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) GENERAL RULE.--EXCEPT AS PROVIDED FOR IN SUBSECTION (B),

A SINGLE COUNTY AUTHORITY AWARDED A GRANT UNDER THE PROGRAM

SHALL CONTRACT WITH AN ELIGIBLE PROVIDER THAT SHALL:

(1) ASSESS EACH OFFENDER TO DETERMINE IF THE OFFENDER IS

A CANDIDATE TO BE ADMINISTERED MEDICATION THAT PREVENTS

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RELAPSE TO SUBSTANCE USE DEPENDENCE.

(2) CREATE AN INDIVIDUALIZED PROGRAM FOR EACH OFFENDER

IDENTIFIED UNDER PARAGRAPH (1).

(3) PROVIDE ACCESS TO AND ADMINISTER NONNARCOTIC

MEDICATION ASSISTED SUBSTANCE USE DISORDER TREATMENT WHEN

CLINICALLY APPROPRIATE.

(4) IF DETERMINED TO NOT BE A CANDIDATE FOR NONNARCOTIC

MEDICATION ASSISTED SUBSTANCE USE DISORDER TREATMENT, PROVIDE

RECOMMENDATIONS TO THE SINGLE COUNTY AUTHORITY AS TO WHAT

TYPE, IF ANY, OF MEDICATION ASSISTED TREATMENT MAY BE

NECESSARY OR HELPFUL TO THE OFFENDER AND MAY MAKE A REFERRAL

TO ANOTHER MEDICATION ASSISTED TREATMENT FACILITY THAT CAN

PROVIDE THE APPROPRIATE TREATMENT.

(5) PROVIDE CLINICALLY APPROPRIATE INPATIENT OR

OUTPATIENT SERVICES DETERMINED NECESSARY TO SUPPORT EACH

INDIVIDUAL'S TREATMENT PLAN.

(6) ESTABLISH A PLAN AND TIMETABLE TO COLLECT AND

DISSEMINATE THE IDENTIFIED INFORMATION TO THE DEPARTMENT

RELATING TO RECIDIVISM, DETERRENCE, RELAPSES AND OVERALL

EFFECTIVENESS OF THE PROGRAM.

(B) EXCEPTION.--IF A SINGLE COUNTY AUTHORITY IS APPROVED BY

THE DEPARTMENT AS MEETING ALL OF THE REQUIREMENTS UNDER

SUBSECTION (A), THE SINGLE COUNTY AUTHORITY SHALL BE EXEMPT FROM

THE REQUIREMENT TO CONTRACT WITH AN ELIGIBLE PROVIDER.

§ 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.

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(3) CREATE A FORM AVAILABLE TO ELIGIBLE PROVIDERS TO BE

USED TO CONFIRM THAT AN OFFENDER IS ELIGIBLE FOR AND ENROLLED

IN THE PROGRAM.

(4) PROMULGATE RULES AND REGULATIONS AS NECESSARY TO

IMPLEMENT THIS CHAPTER.

(5) IN COORDINATION WITH THE DEPARTMENT OF CORRECTIONS,

ISSUE A REPORT TO THE GENERAL ASSEMBLY RELATING TO

RECIDIVISM, DETERRENCE, RELAPSES AND OVERALL EFFECTIVENESS OF

THE PROGRAM NO LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF

THIS SECTION AND NO LATER THAN DECEMBER 15 OF EACH CALENDAR

YEAR THEREAFTER.

(B) LIMITS ON GRANT AWARDS.--GRANT AWARDS SHALL BE AT THE

DISCRETION OF THE DEPARTMENT AND SHALL BE LIMITED TO AMOUNTS

ANNUALLY APPROPRIATED TO THE DEPARTMENT FOR THE PROGRAM.

COORDINATOR.--TO THE EXTENT THAT MONEY IS AVAILABLE, THE

DEPARTMENT MAY APPOINT A STATEWIDE SUBSTANCE USE DISORDER

TREATMENT ASSESSMENT COORDINATOR. THE COORDINATOR MAY:

(1) ENCOURAGE AND ASSIST IN THE ESTABLISHMENT OF

SUBSTANCE USE DISORDER TREATMENT ASSESSMENTS IN EACH JUDICIAL

DISTRICT.

(2) IDENTIFY SOURCES OF FUNDING FOR SUBSTANCE USE

DISORDER 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 USE DISORDER TREATMENT ASSESSMENTS.

(5) ESTABLISH PROCEDURES FOR MONITORING SUBSTANCE USE

DISORDER TREATMENT ASSESSMENTS AND FOR EVALUATING THE

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EFFECTIVENESS OF SUBSTANCE USE DISORDER 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 USE

DISORDER TREATMENT ASSESSMENT COORDINATOR IN MONITORING AND

ADMINISTRATING SUBSTANCE USE DISORDER TREATMENT ASSESSMENTS

STATEWIDE.

SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:

§ 918. COURT ASSESSMENTS FOR SUBSTANCE USE DISORDER 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

AN OFFENDER CHARGED WITH A DRUG-RELATED OFFENSE UPON WHOM A

COURT IMPOSES A SENTENCE OF CONFINEMENT, INTERMEDIATE

PUNISHMENT, AN ALTERNATIVE SENTENCE, PROBATION, ACCELERATED

REHABILITATIVE DISPOSITION OR A FINE TO BE ASSESSED BY AN

ELIGIBLE PROVIDER TO DETERMINE WHETHER THE USE OF A NONNARCOTIC

MEDICATION ASSISTED SUBSTANCE USE DISORDER TREATMENT PROGRAM MAY

BE CLINICALLY APPROPRIATE FOR THE OFFENDER. THE COURT MAY ADOPT

LOCAL RULES FOR SUBSTANCE USE DISORDER TREATMENT ASSESSMENTS.

THE LOCAL RULES MAY NOT BE INCONSISTENT WITH THIS SECTION OR ANY

RULES ESTABLISHED BY THE GENERAL ASSEMBLY OR THE SUPREME COURT.

(B) NONELIGIBILITY.--THE FOLLOWING OFFENDERS ARE NOT

ELIGIBLE FOR THE PROGRAM UNDER SUBSECTION (A). AN OFFENDER 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.

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(3) HAS BEEN FOUND GUILTY 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 OR PREVIOUSLY CONVICTED OF OR

ADJUDICATED DELINQUENT FOR COMMITTING OR ATTEMPTING OR

CONSPIRING 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 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) ANY OFFENSE FOR WHICH REGISTRATION IS REQUIRED

UNDER 42 PA.C.S. CH. 97 SUBCH. H (RELATING TO

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REGISTRATION OF SEXUAL OFFENDERS).

(V) ANY OFFENSE FOR WHICH REGISTRATION IS REQUIRED

UNDER 42 PA.C.S. CH. 97 SUBCH. I (RELATING TO CONTINUED

REGISTRATION OF SEXUAL OFFENDERS).

(6) RECEIVED A CRIMINAL SENTENCE UNDER 42 PA.C.S. §

9712.1 (RELATING TO SENTENCES FOR CERTAIN DRUG OFFENSES

COMMITTED WITH FIREARMS) OR HAS BEEN FOUND GUILTY, PREVIOUSLY

CONVICTED OR ADJUDICATED DELINQUENT FOR VIOLATING 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.

(7) IS AWAITING TRIAL OR SENTENCING FOR ADDITIONAL

CRIMINAL CHARGES, IF A CONVICTION OR SENTENCE ON THE

ADDITIONAL CHARGES WOULD CAUSE THE OFFENDER TO BECOME

INELIGIBLE UNDER THIS SUBSECTION.

CLINICALLY APPROPRIATE BY AN ELIGIBLE PROVIDER, AN OFFENDER'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

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"DRUG-RELATED OFFENSE." EXCEPT FOR THE OFFENSES LISTED UNDER

SUBSECTION (B), A CRIMINAL OFFENSE WHICH THE COURT DETERMINES

WAS MOTIVATED BY THE OFFENDER'S CONSUMPTION OF OR ADDICTION TO

ALCOHOL OR A CONTROLLED SUBSTANCE, COUNTERFEIT, DESIGNER DRUG,

DRUG, IMMEDIATE PRECURSOR OR MARIHUANA, AS THOSE TERMS ARE

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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 AN OFFENDER TO DETERMINE IF THE OFFENDER

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 AN FDA-APPROVED NONNARCOTIC MEDICATION

INDICATED FOR USE IN TREATING A SUBSTANCE USE DISORDER.

"NONNARCOTIC MEDICATION ASSISTED SUBSTANCE USE DISORDER

TREATMENT." A SUBSTANCE USE DISORDER TREATMENT THAT INCLUDES

THE USE OF AN FDA-APPROVED NONNARCOTIC MEDICATION INDICATED FOR

USE IN TREATING A SUBSTANCE USE DISORDER AS WELL AS COUNSELING

AND OTHER SUBSTANCE USE DISORDER TREATMENT MEASURES AS DEEMED

CLINICALLY APPROPRIATE BY AN ELIGIBLE 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 USE DISORDER 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 USE DISORDER

TREATMENT).

(2) AS USED IN THIS SUBSECTION, THE FOLLOWING WORDS AND

PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

PARAGRAPH:

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"ELIGIBLE PROVIDER." AN ORGANIZATION OR ENTITY CAPABLE

OF:

(I) ASSESSING AN OFFENDER TO DETERMINE IF THE

OFFENDER 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 AN FDA-APPROVED NONNARCOTIC

MEDICATION INDICATED FOR USE IN TREATING A SUBSTANCE USE

DISORDER.

"PROGRAM." THE NONNARCOTIC MEDICATION SUBSTANCE USE

DISORDER TREATMENT PROGRAM ESTABLISHED UNDER 35 PA.C.S. CH.

52B (RELATING TO NONNARCOTIC MEDICATION SUBSTANCE USE

DISORDER 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 USE DISORDER 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 USE DISORDER 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

20170SB0922PN1597 - 19 -

OF:

(I) ASSESSING AN OFFENDER TO DETERMINE IF THE

OFFENDER 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 AN FDA-APPROVED NONNARCOTIC

MEDICATION INDICATED FOR USE IN TREATING A SUBSTANCE USE

DISORDER.

"PROGRAM." THE NONNARCOTIC MEDICATION SUBSTANCE USE

DISORDER TREATMENT PROGRAM ESTABLISHED UNDER 35 PA.C.S. CH.

52B (RELATING TO NONNARCOTIC MEDICATION SUBSTANCE USE

DISORDER TREATMENT PROGRAM).

* * *

SECTION 5. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

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