An Act To Combat Drug Addiction through Enforcement, Prevention, Treatment and Recovery

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

Whereas,  opiate abuse and heroin use have been steadily increasing in Maine and are reaching epidemic proportions; and

Whereas,  a comprehensive approach that embraces initiatives focused on law enforcement, prevention, treatment and recovery is immediately necessary; 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,

PART A

Sec. A-1. Report. The Commissioner of Public Safety shall appear periodically before the Joint Standing Committee on Appropriations and Financial Affairs to report on the implementation of this Part.

Sec. A-2. Funds may not be transferred. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, funding provided in this Part may not be transferred to any other appropriation or subdivision of an appropriation made by the Legislature.

Sec. A-3. Funds may not lapse. Notwithstanding the Maine Revised Statutes, Title 5, section 1589 or any other provision of law, any unencumbered balance of appropriations contained in this Part remaining at the end of each fiscal year may not lapse but must be carried forward to be used for the same purposes.

Sec. A-4. Appropriations and allocations. The following appropriations and allocations are made.

PUBLIC SAFETY, DEPARTMENT OF

Drug Enforcement Agency 0388

Initiative: Provides ongoing funding for 10 investigative agents.

GENERAL FUND	2015-16	2016-17
All Other	$800,000	$1,600,000
GENERAL FUND TOTAL	$800,000	$1,600,000

PART B

Sec. B-1. Law enforcement and county jail initiatives regarding treatment, recovery and support services. The Department of the Attorney General shall administer grants to local law enforcement agencies and county jails located in geographically diverse communities throughout the State to fund projects designed solely to facilitate pathways to community-based treatment, recovery and support services. The department shall provide a report by January 15, 2017 to the joint standing committee of the Legislature having jurisdiction over criminal justice matters regarding the status of the projects, including the cost-effectiveness of the projects, whether the projects resulted in reductions in drug use and recidivism and recommendations for the modification of the projects.

Sec. B-2. Funds may not be transferred. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, funding provided in this Part may not be transferred to any other appropriation or subdivision of an appropriation made by the Legislature.

Sec. B-3. Funds may not lapse. Notwithstanding the Maine Revised Statutes, Title 5, section 1589 or any other provision of law, any unencumbered balance of appropriations contained in this Part remaining at the end of each fiscal year may not lapse but must be carried forward to be used for the same purposes.

Sec. B-4. Appropriations and allocations. The following appropriations and allocations are made.

ATTORNEY GENERAL, DEPARTMENT OF

Administration - Attorney General 0310

Initiative: Provides funds for grants to local law enforcement entities and county jails for the establishment of projects designed to facilitate pathways to treatment, recovery and support services through law enforcement initiatives.

GENERAL FUND	2015-16	2016-17
All Other	$50,000	$50,000
GENERAL FUND TOTAL	$50,000	$50,000

PART C

Sec. C-1. Detoxification center. The Department of Health and Human Services shall provide grants to a substance abuse treatment entity to develop and operate a 10-bed detoxification center that provides a social detoxification program in an organized residential nonmedical setting delivered by appropriately trained staff that provide safe 24-hour monitoring, observation and support in a supervised environment for a client to achieve initial recovery from the effects of alcohol or another drug.

1. The substance abuse treatment entity must:

2. At least 40% of the occupancy in the detoxification center established under this section must be made available to individuals who do not have MaineCare coverage or health insurance coverage for detoxification treatment.

3. No later than June 30, 2016 the department shall begin distributing the funds appropriated in section 5.

Sec. C-2. Report. The Commissioner of Health and Human Services shall appear periodically before the Joint Standing Committee on Appropriations and Financial Affairs to report on the implementation of this Part.

Sec. C-3. Funds may not be transferred. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, funding provided in this Part may not be transferred to any other appropriation or subdivision of an appropriation made by the Legislature.

Sec. C-4. Funds may not lapse. Notwithstanding the Maine Revised Statutes, Title 5, section 1589 or any other provision of law, any unencumbered balance of appropriations contained in this Part remaining at the end of each fiscal year may not lapse but must be carried forward to be used for the same purposes.

Sec. C-5. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)

Office of Substance Abuse and Mental Health Services 0679

Initiative: Provides one-time funding for the development of a detoxification center in the greater Bangor area in accordance with this Part.

GENERAL FUND	2015-16	2016-17
All Other	$200,000	$0
GENERAL FUND TOTAL	$200,000	$0

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)

Office of Substance Abuse and Mental Health Services 0679

Initiative: Provides ongoing funding for the operation of a detoxification center in the greater Bangor area in accordance with this Part.

GENERAL FUND	2015-16	2016-17
All Other	$0	$700,000
GENERAL FUND TOTAL	$0	$700,000

PART D

Sec. D-1. Peer support recovery centers; education and coordination of services. The Department of Health and Human Services shall provide grant funds in the amount of $700,000 to the Maine Association of Substance Abuse Programs to:

1. Establish in underserved areas of the State and expand peer support recovery centers designed to assist individuals with substance abuse issues to avoid relapse;

2. Coordinate the efforts of law enforcement, treatment and recovery programs; and

3. Facilitate the delivery of effective prevention and education programming in schools and communities.

Sec. D-2. Report. The Commissioner of Health and Human Services shall appear periodically before the Joint Standing Committee on Appropriations and Financial Affairs to report on the implementation of this Part.

Sec. D-3. Funds may not be transferred. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, funding provided in this Part may not be transferred to any other appropriation or subdivision of an appropriation made by the Legislature.

Sec. D-4. Funds may not lapse. Notwithstanding the Maine Revised Statutes, Title 5, section 1589 or any other provision of law, any unencumbered balance of appropriations contained in this Part remaining at the end of each fiscal year may not lapse but must be carried forward to be used for the same purposes.

Sec. D-5. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)

Office of Substance Abuse and Mental Health Services 0679

Initiative: Provides ongoing funding for annual grants to the Maine Association of Substance Abuse Programs for the establishment and expansion of peer support recovery centers and the coordination and provision of substance abuse prevention and education in schools and communities.

GENERAL FUND	2015-16	2016-17
All Other	$200,000	$500,000
GENERAL FUND TOTAL	$200,000	$500,000

PART E

Sec. E-1. Funds may not be transferred. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, funding provided in this Part may not be transferred to any other appropriation or subdivision of an appropriation made by the Legislature.

Sec. E-2. Funds may not lapse. Notwithstanding the Maine Revised Statutes, Title 5, section 1589 or any other provision of law, any unencumbered balance of appropriations contained in this Part remaining at the end of each fiscal year may not lapse but must be carried forward to be used for the same purposes.

Sec. E-3. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)

Office of Substance Abuse and Mental Health Services 0679

Initiative: Provides funding to increase substance abuse residential treatment for the uninsured.

GENERAL FUND	2015-16	2016-17
All Other	$200,000	$400,000
GENERAL FUND TOTAL	$200,000	$400,000

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)

Office of Substance Abuse and Mental Health Services 0679

Initiative: Provides funding to increase substance abuse outpatient services for the uninsured.

GENERAL FUND	2015-16	2016-17
All Other	$75,000	$125,000
GENERAL FUND TOTAL	$75,000	$125,000

PART F

Sec. F-1. Transfer of funds. Notwithstanding any other provision of law, the State Controller shall transfer to the unappropriated surplus of the General Fund $725,000 no later than June 30, 2016 and $1,775,000 no later than June 30, 2017 from the funds received pursuant to the court order in State of Maine v. McGraw-Hill Companies, Inc. and Standard & Poor's Financial Services, LLC, Kennebec County Superior Court Docket No. BCD-CV-14-49.

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

SUMMARY

The purpose of this bill is to address drug addiction by increasing the number of drug enforcement agents and by increasing the availability of prevention, treatment and recovery programs.

1. Part A provides ongoing funding for 10 investigative agents in the Department of Public Safety, Maine Drug Enforcement Agency.

2. Part B directs the Department of the Attorney General to administer grants to local law enforcement agencies and county jails located in geographically diverse communities throughout the State to fund projects designed solely to facilitate pathways to community-based treatment, recovery and support services.

3. Part C directs the Department of Health and Human Services to provide grants to a substance abuse treatment entity to develop and operate a 10-bed social detoxification center located in the greater Bangor area.

4. Part D provides ongoing funding for annual grants to the Maine Association of Substance Abuse Programs for the establishment and expansion of peer support recovery centers and the coordination and provision of substance abuse prevention and education in schools and communities.

5. Part E provides funding to increase substance abuse residential treatment and substance abuse outpatient services for the uninsured.

6. Part F transfers $725,000 in fiscal year 2015-16 and $1,775,000 in fiscal year 2016-17 from the funds received pursuant to the court order in State of Maine v. McGraw-Hill Companies, Inc. and Standard & Poor's Financial Services, LLC, Kennebec County Superior Court Docket No. BCD-CV-14-49, to the unappropriated surplus of the General Fund.