GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 125

Short Title:  DOC/DHR Pilot Sub. Abuse/Funds.	(Public)
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Sponsors: Representatives Alexander; Bowman, D. Brown, Church, Colton, Cunningham, Gottovi, Hill, H. Hunter, and Oldham.
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Referred to:  Appropriations.
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February 14, 1994

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH PILOT PROGRAMS FOR TREATMENT OF PROBATIONERS AND PAROLEES WITH SUBSTANCE ABUSE PROBLEMS AND TO APPROPRIATE FUNDS.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 148 of the General Statutes is amended by adding a new Article to the end to read:
"ARTICLE 13.
"Pilot Programs for Treatment of Probationers and Parolees
With Histories of Serious Substance Abuse.
"§ 148-130.  Pilot programs' purpose.
The purpose of the pilot programs established pursuant to this Article is to provide for the identification, appropriate assessment, and intensive out-patient treatment of high-risk probationers and parolees with substance abuse problems.  These programs should give emphasis to serving probationers and parolees with serious substance abuse histories who have been convicted of  offenses in the Intermediate Sanction range. The programs should provide intensive treatment, which treatment should be used by the courts as a special condition of probation and parole, when appropriate.  This treatment should start immediately upon the beginning of the probation term or parole discharge.
"§ 148-131.  Interagency Task Force; administration of pilot programs; membership; staffing.
The Department of Correction, after consultation with the Department of Human Resources, shall convene an Interagency Task Force of no more than 15 members to design, coordinate, plan, implement, and evaluate the pilot programs established pursuant to this Article.  The Interagency Task Force shall consist of staff from the Department of Correction Substance Abuse Program, the Department of Correction Adult Probation and Parole Program, the Department of Human Resources' Substance Abuse Services, the Parole Commission, to be renamed the Post-Release Supervision and Parole Commission as of the effective date of the Structured Sentencing Act, Chapters 538 and 539 of the 1993 Session Laws, a Community Penalties Program Director designated by the Administrative Office of the Courts, and any other State or local programs the Department of Correction, the Department of Human Resources, and the Administrative Office of the Courts consider necessary.  The Task Force shall also include a representative of business and industry who has an interest in job placement for ex-offender recovering substance abusers, two ex-offenders, one of whom shall be a recovering substance abuser, and representatives of any other organizations the Department of Correction, the Department of Human Resources, and the Administrative Office of the Courts consider necessary.
The Department of Correction shall provide the staffing for the Interagency Task Force.
"§ 148-132.  Interagency Task Force; Request for Proposal planning and development process; identification of funding sources, barriers to treatment, and lack of treatment capacity.
(a)	The Interagency Task Force shall prepare a process for the development of a Request for Proposal process that will result in the funding of at least two pilot programs for high-risk probationers and parolees with substance abuse problems, one of which shall serve a predominantly rural area and one of which shall serve a predominantly urban area.  As part of the Request for Proposal planning and development process, the Interagency Task Force shall clearly identify the target population to be served, the method of selecting the target population, the appropriate diagnostic instruments for this selection, and the appropriate components and evaluation instruments.
(b)	The Interagency Task Force shall identify the extent to which current federal and State funding and resources may be used to treat probationers and parolees with substance abuse problems.  The Interagency Task Force shall also identify current barriers to effective utilization of existing treatment programs and shall highlight the lack of treatment capacity.
"§ 148-133.  Interagency Task Force; Request for Proposal evaluation criteria, treatment component requirements.
(a)	In its evaluation of the responses to the Request for Proposal process, the Interagency Task Force shall consider:
(1)	The proposed provider's ability to use existing substance abuse treatment resources and other resources such as education, job training, and placement, in order to build a collaborative approach to the delivery of services to the target population;
(2)	The proposed provider's ability to develop a plan for how services are to be provided if the resources described in subdivision (1) of this section are not currently available;
(3)	The proposed provider's identification of local area mental health groups, State-Local Community Partnership participants, and nonprofit organizations as advisors or service providers; and
(4)	The proposed provider's ability to provide treatment and case management services for up to 60 clients.
(b)	The Interagency Task Force shall require that the following treatment components are included in all responses to the Request for Proposal process, together with a detailed proposal on how the components will be provided, in order to be considered:
(1)	Regular drug testing;
(2)	Monitoring by case managers;
(3)	Establishment of criteria for successful program completion;
(4)	Establishment of local advisory boards made up of individuals similar to those making up the Interagency Task Force,  with the addition of a superior court judge, a district court judge, or both; and
(5)	Evaluation of:
a.	The pilot program itself; and
b.	The pilot program's clients' outcome, including the clients' fingerprinted arrest records, their employment status, and their taxpaying status, at the end of the program.
"§ 148-134. Interagency Task Force; pilot program selection; reporting.
(a)	The Interagency Task Force shall select the two pilot programs no later than six months after the effective date of this act.
(b)	The Department of Correction shall report by March 1, 1995, to the General Assembly on the planning, development, and implementation of the pilot programs, and to the Mental Health Study Commission by November 1, 1995, on the costs and benefits of the pilot programs."
Sec. 2. (a) There is appropriated from the General Fund to the Department of Correction the sum of twenty-five thousand  dollars ($25,000) for the 1993-94 fiscal year to administer the Interagency Task Force and its activities and the sum of one million three hundred sixty-six thousand dollars ($1,366,000) for the 1994-95 fiscal year to implement this act.  Of the funds appropriated for the 1994-95 fiscal year, no less than ninety percent (90%) shall be used to fund the pilot programs.  The balance of the funds shall be used to administer the Interagency Task Force and its activities, hire necessary personnel, and use consulting services when necessary.  Funds not expended by the end of each fiscal year shall not revert but shall remain available for use in subsequent fiscal years.
Sec. 3. This act is effective upon ratification.