Bill HD.4231

HOUSE DOCKET, NO. 4231 FILED ON: 10/26/2015

HOUSE . . . . . . . . . . . . . . . No.

By Mr. Golden of Lowell, a petition (subject to Joint Rule 12) of Thomas A. Golden, Jr. for legislation to strengthen drug treatment programs for first-time opiate offenders. Mental Health and Substance Abuse.

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act strengthening drug treatment programs for first-time opiate offenders.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 17N of chapter 32A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “record”, in lines 30 and 31, the following words:- ; provided, however, that all court ordered treatment pursuant to section 10 of chapter 111E shall be considered medically necessary.

SECTION 2. Section 1 of chapter 111E of the General Laws, as so appearing, is hereby amended by inserting after the word “meanings:-”, in line 3, the following words:-

“Addiction specialist”, a person with an MD, PhD, RN,LICSW or other professional training who is certified by the bureau of substance abuse services as a licensed alcohol and drug counselor.

SECTION 3. Said section 1 of said chapter 111E, as so appearing, is hereby further amended by inserting after the definition of “First drug offense” the following definition:-

“First-time opiate offense”, a charge for possession of an opiate under section 34 of chapter 94C, when the person charged has not previously been convicted of any other drug offense, and has no continuances outstanding.

SECTION 4. Said section 1 of said chapter 111E, as so appearing, is hereby further amended by inserting after the definition of “Independent physician” the following definition:-

“Opiate”, any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under section two, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts, dextromethorphan. It does include its racemic and levorotatory forms.

SECTION 5. Said section 1 of said chapter 111E, as so appearing, is hereby further amended by inserting after the definition of “Penal facility” the following definition:-

“Person at risk of becoming drug dependent”, a person who is not found to be at the level of a drug dependent person, but whose drug use puts them at risk for dependency, and who would benefit from early intervention.

SECTION 6. Section 10 of chapter 111E of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “within five days of being so informed” and inserting in place thereof the following words:- prior to appearing at trial.

SECTION 7. Said section 10 of said chapter 111E, as so appearing, is hereby further amended by inserting after the word “physician”, in line 19, the following words:- or addiction specialist.

SECTION 8. Said section 10 of said chapter 111E, as so appearing, is hereby further amended by striking out, in lines 23, 25, 31, 35, 93 and 104, the words “or physician” and inserting in place thereof the following words:- , physician or addiction specialist.

SECTION 9. Said section 10 of said chapter 111E, as so appearing, is hereby further amended by inserting after the ninth paragraph the following two paragraphs:-

A defendant charged with a first-time opiate offense found by the court to be a drug dependent person who requests treatment under this section shall be assigned to a treatment facility and shall be placed on probation for the length of the treatment program, to continue thereafter for a total of not less than 6 months, in lieu of prosecution. Said defendant shall also attend self-help group meetings relating to addiction on a regular basis, as determined by the probation officer, for the remainder of their time on probation, after the completion of a treatment program. The court proceedings shall be stayed for the length of the treatment program and probation, and the probation officer, working with the administrator, shall monitor the defendant’s compliance with the terms of their treatment.

If the court finds that a person charged with a first-time opiate offense is not a drug dependent person, but is a person at risk of becoming drug dependent, and if the defendant requests assignment, the court shall place the defendant on probation for a period not to exceed 3 months, and order the defendant to complete a 10-week psycho-educational treatment program on the risks of opiate abuse and addiction pursuant to section 10A, in lieu of prosecution. The probation officer shall require the defendant to attend not more than 2 self-help group meetings relating to addiction. The court proceedings shall be stayed for the length of the treatment program and probation, and the officer, working with the administrator of the treatment program, shall monitor the defendant’s compliance with the terms of their treatment.

SECTION 10. Said section 10 of said chapter 111E, as so appearing, is hereby further amended by inserting after the word “physician”, in lines 99 and 125, the following words:- or addiction specialist.

SECTION 11. Said section 10 of said chapter 111E, as so appearing, is hereby further amended by adding the following paragraph:-

Any cost of treatment ordered pursuant to this section for persons not covered by a group insurance plan pursuant to chapter 32A, MassHealth pursuant to chapter 118E, an individual or group accident and sickness policy pursuant to chapter 175, an individual or group hospital service plan pursuant to chapter 176A, an individual or group medical service agreement pursuant to chapter 176B, or a group health maintenance contract pursuant to chapter 176G, shall be borne by the commonwealth. Any person who is unable to afford the upfront cost of treatment shall work with the court and the administrator to create a payment plan agreeable to by all parties.

SECTION 12. Chapter 111E of the General Laws is hereby amended by inserting after section 10, as so appearing, the following section:-

Section 10A. The bureau of substance abuse services shall establish and administer a 10-week psycho-educational treatment program relative to opiate abuse and addiction, using an evidence-based curriculum similar to that which is currently used in drug diversion programs across the commonwealth.

In addition, the bureau shall prepare and publish annually a list of treatment facilities providing treatment to defendants pursuant to a court order under section 10, and make such list available to all courts of the commonwealth, the offices of the District Attorneys for each county and probation departments, urgent care centers, local and state police departments, and interested attorneys or members of the public upon request. Said list shall include, but not be limited to, the following information:

(1)Name, location and contact information of such treatment centers;

(2)Treatment services and scope of such services offered;

(3)Eligibility requirements;

(4)Insurance and payment information, including any applicable facility fees;

(5)Last known capacity and availability, and

(6)Emergency treatment services offered.

SECTION 13. Section 10H of chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after the word “record”, in lines 47 and 48, the following words:- ; provided, however, that all court ordered treatment pursuant to section 10 of chapter 111E shall be considered medically necessary.

SECTION 14. Section 47GG of chapter 175 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “record”, in lines 31-32, the following words:- ; provided, however, that all court ordered treatment pursuant to section 10 of chapter 111E shall be considered medically necessary.

SECTION 15. Section 8II of chapter 176A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “record”, in lines 30-31, the following words:- ; provided, however, that all court ordered treatment pursuant to section 10 of chapter 111E shall be considered medically necessary.

SECTION 16. Section 4II of chapter 176B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “record”, in lines 30-31, the following words:- ; provided, however, that all court ordered treatment pursuant to section 10 of chapter 111E shall be considered medically necessary.

SECTION 17. Section 4AA of chapter 176G of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “record”, in lines 29-30, the following words:- ; provided, however, that all court ordered treatment pursuant to section 10 of chapter 111E shall be considered medically necessary.

Name:	District/Address:	Date Added:
Thomas A. Golden, Jr.	16th Middlesex	10/26/2015