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PRIVATE & SPECIAL LAWS
First Regular Session of the 119th

CHAPTER 35
H.P. 621 - L.D. 861

An Act to Create a Seamless Treatment Plan for the Adult Offender with Substance Abuse Problems

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, substance abuse is a serious problem that affects the majority of adults who become part of the population of the Department of Corrections; and

     Whereas, comprehensive substance abuse treatment may help reduce the rate of recidivism for many prisoners; and

     Whereas, creating and implementing a comprehensive substance abuse treatment plan as soon as possible is in the best interest of those in the custody of the Department of Corrections, as well as the public; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. Comprehensive substance abuse treatment program for adult offenders in the Department of Corrections. The Department of Corrections and the Department of Mental Health, Mental Retardation and Substance Abuse Services, Office of Substance Abuse shall take action to create, implement and operate a comprehensive residential substance abuse treatment program for adults committed to the custody of the Department of Corrections. The program must include uniform clinical assessment of prisoners to identify substance abuse problems, to ensure access to the program that facilitates participation of the prisoner and the prisoner's family and to provide a system to monitor treatment progress and a follow-through mechanism to ensure treatment completion. In formulating its treatment program, the department may consider other states' model programs, including the State of New York Department of Correctional Services "Stay'n Out" therapeutic community program.

     Sec. 2. Report. The Department of Corrections and the Department of Mental Health, Mental Retardation and Substance Abuse Services, Office of Substance Abuse shall present a proposal to implement and fund the comprehensive substance abuse treatment program to the Joint Standing Committee on Criminal Justice by May 1, 1999. The proposal must also include a plan for annual reporting to the Joint Standing Committee on Criminal Justice on the progress in implementing and providing substance abuse treatment programs.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective June 10, 1999.

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