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PRIOR PRINTER'S NOS. 1236, 1597
PRINTER'S NO. 1762
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
AS AMENDED ON SECOND CONSIDERATION, MAY 21, 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 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
SUBSTANCE USE DISORDER 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 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,
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intervention and treatment services for a geographic area, which
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
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a candidate to be administered medication that prevents
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 DE-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
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authorities applying for grant funding under the program.
(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 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.
(c) Statewide substance use disorder treatment assessment
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
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disorder treatment assessments and for evaluating the
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 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
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Pennsylvania Commission on Sentencing.
(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
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under 42 Pa.C.S. Ch. 97 Subch. H (relating to
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.
(c) (B) Failure to participate.--If treatment is determined
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) (C) 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 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,
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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 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.
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
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phrases shall have the meanings given to them in this
paragraph:
"Eligible provider." An organization or entity LICENSED
BY THE COMMONWEALTH 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
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paragraph:
"Eligible provider." An organization or entity LICENSED
BY THE COMMONWEALTH 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 5. This act shall take effect in 60 days.
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