GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	1 

SENATE BILL 53

Short Title:  DOC/DHR Sub. Abuse Pilot/Funds.	(Public)
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Sponsors: Senators Martin of Guilford; Conder, Folger, Forrester, Harris, Hoyle, Kaplan, Lee, Lucas, Marshall, Martin of Pitt, Parnell, Perdue, Walker, Ward, Warren, Winner of Mecklenburg, Gunter, and Sands.
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Referred to:  Corrections/Punishment.
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February 10, 1994

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH PILOT PROGRAMS FOR TREATMENT OF PAROLEES AND PROBATIONERS 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 Parolees and Probationers 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 parolees and probationers with substance abuse problems.  These programs should give emphasis to serving parolees and probationers with serious substance abuse histories, with first priority given to parolees.  The programs should provide intensive treatment, which treatment should be used by the courts as a condition of probation and parole when appropriate.  This treatment should start immediately upon the beginning of the probation term or parole discharge.
"§ 143B-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 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, and any other State or local programs the Department of Correction considers necessary.  The Task Force shall also include two representatives of business and industry who have an interest in job placement for ex-offender recovering substance abusers, two ex-offender recovering substance abusers, and representatives of any other organizations the Department of Correction considers necessary.
The Department of Correction shall provide the staffing for the Interagency Task Force.
"§ 143B-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 three pilot programs for high-risk parolees and probationers with substance abuse problems.  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 parolees and probationers with substance abuse problems and the extent to which other federal funds can be obtained for this purpose.  The Interagency Task Force shall also identify current barriers to effective utilization of existing treatment programs and shall highlight the lack of treatment capacity.
"§ 143B-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)	Regular counseling and self-development treatments;
(3)	Monitoring by case managers;
(4)	Establishment of criteria for successful program completion; and
(5)	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.
"§ 148-34.  Interagency Task Force; pilot program selection; reporting.
(a)	The Interagency Task Force shall select the three 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. There is appropriated from the General Fund to the Department of Correction the sum of fifty thousand dollars ($50,000) for the 1993-94 fiscal year and the sum of one million six hundred thousand dollars ($1,600,000) for the 1994-95 fiscal year to implement this act.   No less than eighty percent (80%) of these funds 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 becomes effective April 1, 1994.