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Substance Use Disorder Treatment In Criminal Justice System

Concerning treatment of individuals with substance use disorders who come into contact with the criminal justice system.
2020 Regular Session
Crimes, Corrections, & Enforcement
Bill Summary

Opioid and Other Substance Use Disorders Study Committee. Sections 1, 2, 3, and 4 of the bill requires allow the department of corrections, local jails, multijurisdictional jails, municipal jails, and state department of human services facilities (institutions) to make available at least one opioid agonists and one opioid antagonists to a person in custody with an opioid use disorder. The institutions are strongly encouraged to maintain the treatment of the person throughout the duration of the person's incarceration or commitment. Qualified medication administration personnel may administer opioid agonists and opioid antagonists. The facilities may contract with community-based health providers for the administration of opioid agonists and opioid antagonists.

Section 5 of the bill allows a person to dispose of any controlled substances at a safe station, if safe station personnel are available, and request assistance in gaining access to treatment for a substance use disorder. The bill defines A "safe station" is defined as any municipal police station; county sheriff's office; or municipal, county, or fire protection district fire station. Safe station personnel shall provide the person with information about the behavioral health crisis response system.

Sections 6 and 7 of the bill requires require the department of corrections and jails to ensure that continuity of care is provided to inmates prior to release, which includes post-release resources and a list of available substance use providers. County jails are required to provide medicaid reenrollment paperwork to a person when the person enters the county jail and file the paperwork with the county department of health and human services upon releasing the person from the county jail's custody.

Section 8 of the bill requires the executive director of the department of corrections, in consultation with the offices of behavioral health and economic security in the department of human services, the department of health care policy and financing, the department of local affairs, and local service providers to develop resources for inmates post-release that provide information to help prepare inmates for release and reintegration into their communities.

Section 9 of the bill states that if a person who is the subject of a petition to seal criminal records has entered into or successfully completed a licensed substance use disorder treatment program, the court is required to consider such factor favorably in determining whether to issue the order.

Sections 10, 11, and 12 of the bill allows allow the office of behavioral health (OBH) in the department of human services (CDHS) to contract with cities and counties for the creation, maintenance, or expansion of criminal justice diversion programs. OBH may require diversion programs to participate as a mobile crisis service. The bill requires the department of human services to CDHS shall include an update regarding the current status of funding and implementation of the criminal justice diversion programs in its annual SMART Act presentation.

The bill appropriates money to the office of behavioral health in the department of human services for criminal justice diversion programs.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)




Bill Text