2001 Legislation
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SENATE BILL NO. 1257 – Approp, substance abuse prog

SENATE BILL NO. 1257

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Daily Data Tracking History



S1257............................................................by FINANCE
APPROPRIATIONS - SUBSTANCE ABUSE PROGRAMS - Appropriates $490,000 to the
Department of Health and Welfare for community-based substance abuse
treatment services for fiscal year 2001; appropriates $2,201,000 to the
Department of Health and Welfare for community-based substance abuse
treatment services for fiscal year 2002; appropriates $576,000 to the
Department of Health and Welfare for substance abuse treatment services
that support the drug court program; appropriates $1,176,800 to the
Department of Correction for substance abuse treatment programs;
appropriates $732,900 to the Department of Correction for evaluation of the
effectiveness of substance abuse programs and to provide assessments to
support the drug courts; appropriates $812,400 to the Department of
Correction for substance abuse treatment programs for offenders on parole
and probation; provides legislative intent that the Department of Health
and Welfare and Idaho Supreme Court enter into an agreement concerning the
development of treatment options for drug court participants; provides
intent that the Department of Health and Welfare develop specifications for
contracts for substance abuse services for clients under the supervision of
the drug courts; provides intent regarding assessment by the Department of
Correction of offenders receiving substance abuse treatment; provides
intent that the Department of Health and Welfare assess clients receiving
substance abuse treatment; reappropriates certain unexpended and
unencumbered balances to the Division of Family and Community Services in
the Department of Health and Welfare; provides 47.5 additional full-time
equivalent positions for the Department of Correction for fiscal year 2002;
and adds to existing law to provide a special oversight committee on state
funded substance abuse treatment.
                                                                        
03/16    Senate intro - 1st rdg - to printing
03/19    Rpt prt - to Fin
    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
      Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stennett,
      Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Davis, Stegner
    Floor Sponsor -- Keough
    Title apvd - to House
03/21    House intro - 1st rdg - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 66-2-2
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Hadley, Hammond, Hansen, Harwood, Henbest(Farley), Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman,
      Trail, Wheeler, Wood, Young(Young), Mr. Speaker
      NAYS -- McKague, Roberts
      Absent and excused -- Crow, Gould
    Floor Sponsor -- Meyer
    Title apvd - to Senate
03/29    To enrol
    Rpt enrol - Pres signed
03/30    Sp signed - to Governor
04/09    Governor signed
         Session Law Chapter 362
         Effective: 04/09/01, Section 1
         07/01/01, all other sections

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1257
                                                                        
                                    BY FINANCE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SUBSTANCE ABUSE INITIATIVE; APPROPRIATING ADDITIONAL MONEYS TO
  3        THE DEPARTMENT OF HEALTH AND WELFARE FOR COMMUNITY-BASED  SUBSTANCE  ABUSE
  4        TREATMENT  SERVICES  FOR  FISCAL  YEAR  2001;  APPROPRIATING MONEYS TO THE
  5        DEPARTMENT OF HEALTH  AND  WELFARE  FOR  COMMUNITY-BASED  SUBSTANCE  ABUSE
  6        TREATMENT  SERVICES  FOR  FISCAL  YEAR  2002;  APPROPRIATING MONEYS TO THE
  7        DEPARTMENT OF HEALTH AND WELFARE FOR SUBSTANCE  ABUSE  TREATMENT  SERVICES
  8        THAT SUPPORT THE EXPANSION OF THE DRUG COURT PROGRAM FOR FISCAL YEAR 2002;
  9        APPROPRIATING  MONEYS  TO THE DEPARTMENT OF CORRECTION FOR EXPANDING RESI-
 10        DENTIAL AND GROUP SUBSTANCE ABUSE TREATMENT PROGRAMS IN STATE PRISONS  FOR
 11        FISCAL YEAR 2002; APPROPRIATING MONEYS TO THE DEPARTMENT OF CORRECTION FOR
 12        EVALUATING THE EFFECTIVENESS OF SUBSTANCE ABUSE TREATMENT PROGRAMS OFFERED
 13        BY  THE  DEPARTMENT  AND FOR PROVIDING CRIMINOGENIC ASSESSMENTS TO SUPPORT
 14        DRUG COURTS FOR FISCAL YEAR 2002; APPROPRIATING MONEYS TO  THE  DEPARTMENT
 15        OF  CORRECTION FOR PROVIDING SUBSTANCE ABUSE TREATMENT PROGRAMS TO OFFEND-
 16        ERS ON PAROLE AND PROBATION FOR FISCAL YEAR 2002;  EXPRESSING  LEGISLATIVE
 17        INTENT  WITH  REGARD TO AN INTERBRANCH AGREEMENT BETWEEN THE IDAHO SUPREME
 18        COURT AND THE DEPARTMENT OF HEALTH  AND  WELFARE;  EXPRESSING  LEGISLATIVE
 19        INTENT  WITH  REGARD  TO  SUBSTANCE ABUSE SERVICE CONTRACT SPECIFICATIONS;
 20        EXPRESSING LEGISLATIVE  INTENT  WITH  REGARD  TO  OFFENDER  TREATMENT  AND
 21        DIRECTING THE DEPARTMENT OF CORRECTION TO FILE A REPORT; EXPRESSING LEGIS-
 22        LATIVE  INTENT  WITH  REGARD TO APPROPRIATE TREATMENT SERVICES PROVIDED BY
 23        THE DEPARTMENT OF HEALTH AND WELFARE; REAPPROPRIATING  CERTAIN  UNEXPENDED
 24        AND  UNENCUMBERED  BALANCES OF MONEYS; AMENDING CHAPTER 4, TITLE 67, IDAHO
 25        CODE, BY THE ADDITION OF A NEW SECTION 67-465, IDAHO  CODE,  TO  CREATE  A
 26        SPECIAL  OVERSIGHT  COMMITTEE  ON  STATE FUNDED SUBSTANCE ABUSE TREATMENT;
 27        PROVIDING FORTY-SEVEN  AND  FIVE-TENTHS  ADDITIONAL  FULL-TIME  EQUIVALENT
 28        POSITIONS; PROVIDING AN EMERGENCY FOR SECTION 1 OF THIS ACT; AND PROVIDING
 29        A SUNSET DATE FOR SECTION 12 OF THIS ACT.
                                                                        
 30    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 31        SECTION  1.  The  sum  of $490,000 is hereby appropriated from the General
 32    Fund for deposit into the Cooperative Welfare Fund for the Division of  Family
 33    and  Community Services in the Department of Health and Welfare for community-
 34    based substance abuse treatment services for the period July 1, 2000,  through
 35    June 30, 2001.
                                                                        
 36        SECTION  2.  The sum of $2,201,000 is hereby appropriated from the General
 37    Fund for deposit into the Cooperative Welfare Fund for the Division of  Family
 38    and  Community Services in the Department of Health and Welfare for community-
 39    based substance abuse treatment services for the period July 1, 2001,  through
 40    June 30, 2002.
                                                                        
 41        SECTION  3.  The  sum  of $576,000 is hereby appropriated from the General
 42    Fund for deposit into the Cooperative Welfare Fund for the Division of  Family
                                                                        
                                       2
                                                                        
  1    and  Community  Services in the Department of Health and Welfare for substance
  2    abuse treatment services that support the expansion of the drug court  program
  3    for the period July 1, 2001, through June 30, 2002.
                                                                        
  4        SECTION  4.  The sum of $1,176,800 is hereby appropriated from the General
  5    Fund to the Department of Correction for the Division  of  Prisons  to  expand
  6    residential  and group substance abuse treatment programs in state prisons for
  7    the period July 1, 2001, through June 30, 2002.
                                                                        
  8        SECTION 5.  There is hereby appropriated to the Department  of  Correction
  9    for the Division of Institutional Support the following amounts to be expended
 10    according  to  the  designated  expense  classes from the listed funds for the
 11    period July 1, 2001, through June 30, 2002, to evaluate the  effectiveness  of
 12    substance  abuse  treatment  programs offered by the Department of Correction;
 13    and to provide criminogenic assessments to support drug courts:
 14    INSTITUTIONAL SUPPORT:
 15    FOR:
 16    Personnel Costs                                                       $245,600
 17    Operating Expenditures                                                 468,300
 18    Capital Outlay                                                          19,000
 19      TOTAL                                                               $732,900
 20    FROM:
 21    General Fund                                                          $493,100
 22    Federal Grant Fund                                                     239,800
 23      TOTAL                                                               $732,900
                                                                        
 24        SECTION 6.  There is hereby appropriated to the Department  of  Correction
 25    for  the  Division of Field and Community Services the following amounts to be
 26    expended according to the designated expense classes from the listed fund  for
 27    the  period  July  1,  2001, through June 30, 2002, to provide substance abuse
 28    treatment programs to offenders on parole and probation:
 29    FIELD AND COMMUNITY SERVICES:
 30    FOR:
 31    Personnel Costs                                                       $637,700
 32    Operating Expenditures                                                  77,700
 33    Capital Outlay                                                          97,000
 34      TOTAL                                                               $812,400
 35    FROM:
 36    General Fund                                                          $812,400
                                                                        
 37        SECTION 7.  It is hereby declared to be the intent of the Legislature that
 38    the Department of Health and Welfare negotiate and enter into  an  interbranch
 39    agreement with the Idaho Supreme Court concerning the development of treatment
 40    options for drug court participants as funded in Section 3 of this act. Issues
 41    that  should  be  covered  in the agreement include a description of treatment
 42    services, notification and discharge  communication,  treatment  and  referral
 43    criteria,  confidentiality  issues,  frequency  and  type  of  client contact,
 44    assessment criteria, provisions for  periodic  review  and  modification,  and
 45    other relevant information as determined by the parties.
                                                                        
 46        SECTION 8.  It is hereby declared to be the intent of the Legislature that
 47    the  Department  of  Health  and Welfare shall develop specifications for con-
 48    tracts for substance abuse services for clients under the supervision  of  the
 49    drug  courts,  including  assessments made before entering into the drug court
 50    program, in conjunction with and subject to the approval  of  the  drug  court
                                                                        
                                       3
                                                                        
  1    coordinating committee in the Idaho Supreme Court.
                                                                        
  2        SECTION 9.  It is hereby declared to be the intent of the Legislature that
  3    the  Department  of  Correction demonstrate that offenders receiving substance
  4    abuse treatment be assessed and matched to an appropriate intensity  and  type
  5    of  treatment. It is further declared to be the intent of the Legislature that
  6    the Department of Correction shall report to the Joint  Finance-Appropriations
  7    Committee,  Senate Judiciary and Rules Committee, and the House of Representa-
  8    tives Judiciary, Rules and Administration Committee, within thirty  (30)  days
  9    after  the  2002 Legislature convenes, the number of offenders whose treatment
 10    is interrupted, the number of offenders transferred  out  of  programs  before
 11    completion,  the  number  of  dropouts,  and  the  rates of completion for all
 12    offenders enrolled in substance abuse treatment.
                                                                        
 13        SECTION 10.  It is hereby declared to be the  intent  of  the  Legislature
 14    that  the  Department of Health and Welfare demonstrate that clients receiving
 15    substance abuse treatment be assessed and matched to an appropriate  intensity
 16    and type of treatment.
                                                                        
 17        SECTION 11.  It is hereby reappropriated to the Idaho Department of Health
 18    and  Welfare  for the Division of Family and Community Services the unexpended
 19    and unencumbered balance of the General Fund appropriation made in  Section  1
 20    of this act for the period July 1, 2001, through June 30, 2002.
                                                                        
 21        SECTION  12.  That  Chapter  4,  Title 67, Idaho Code, be, and the same is
 22    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 23    ignated as Section 67-465, Idaho Code, and to read as follows:
                                                                        
 24        67-465.  SPECIAL  OVERSIGHT  COMMITTEE  ON  STATE  FUNDED  SUBSTANCE ABUSE
 25    TREATMENT. In order to maintain a degree of continuous oversight on the  coor-
 26    dination  of service delivery of state funded substance abuse treatment, there
 27    is hereby established a special oversight committee on state funded  substance
 28    abuse treatment.
 29        The committee shall consist of five (5) members of the senate and five (5)
 30    members  of  the house of representatives. Representation shall consist of the
 31    chairman of the senate judiciary and rules committee, the chairman of the sen-
 32    ate health and welfare committee, the chairman of the senate  finance  commit-
 33    tee,  the chairman of the house of representatives judiciary, rules and admin-
 34    istration committee, the chairman of the house of representatives  health  and
 35    welfare committee, and the chairman of the house of representatives appropria-
 36    tions  committee  or  their designee.  The president pro tempore of the senate
 37    and the speaker of the house of representatives each  shall  appoint  two  (2)
 38    additional  members  from  the respective bodies. The president pro tempore of
 39    the senate and the speaker of the house of representatives shall each  appoint
 40    a  cochairman  from among the appointed members. The cochairman shall have the
 41    authority to appoint ad hoc members of the general public for special projects
 42    and issues.
 43        The committee shall have the primary  duty  of  monitoring  and  reviewing
 44    aspects  of  substance abuse treatment services delivered by the department of
 45    health and welfare, the department of correction, and those state funded  ser-
 46    vices  delivered  by drug courts. The director of the department of health and
 47    welfare and the director of the department of correction shall provide all the
 48    necessary information and materials as requested by the committee.
 49        Members of the committee shall be compensated from the legislative fund on
 50    order of the president pro tempore of the senate or the speaker of  the  house
                                                                        
                                       4
                                                                        
  1    of representatives at the rates applicable for committee members of the legis-
  2    lative  council. The committee shall meet with the permission of the president
  3    pro tempore of the senate or the speaker of the house of representatives.
                                                                        
  4        SECTION 13.  In addition to the  authorization  for  full-time  equivalent
  5    positions  provided in Senate Bill No. 1226, enacted by the First Regular Ses-
  6    sion of the Fifty-sixth Idaho Legislature, the  Department  of  Correction  is
  7    authorized  forty-seven  and five-tenths (47.5) full-time equivalent positions
  8    for the period July 1, 2001, through June 30, 2002.
                                                                        
  9        SECTION 14.  An emergency existing therefor,  which  emergency  is  hereby
 10    declared  to exist, Section 1 of this act shall be in full force and effect on
 11    and after passage and approval.
                                                                        
 12        SECTION 15.  Section 12 of this act shall be null, void and  of  no  force
 13    and effect on and after April 15, 2006.

Statement of Purpose / Fiscal Impact


           	Statement of Purpose

                        RS11229C1

This bill appropriates money to the Department of Health & Welfare 
and the Department of Correction to implement the Substance Abuse 
Initiative for FY 2001 and FY 2002. This appropriation provides 
$490,000 for community-based treatment to the Dept. of Health & 
Welfare for FY 2001. This brings community-based treatment up to 
a total of $8,620,100, and then maintains this same level of funding 
for FY 2002. Because Health & Welfare used one-time federal funds 
in FY 2001 for treatment - this bill provides $2,201,000 in General 
Funds to offset the unavailability of these federal funds in FY 2002. 
It also provides $576,000 to the Dept. of Health & Welfare to support 
the substance abuse treatment needs of the Drug Courts and includes 
intent language to guide the process of contract selection of 
treatment providers to meet the needs of the Drug Courts. This bill 
appropriates $1,176,800 to the Dept. of Correction to increase the 
number of residential treatment beds and to provide group counseling 
to offenders in the prison system. Capacity for residential beds will 
increase by 150%, from a capacity of 559 served per year to a 
capacity of 1,340. Of the total 1,340 beds, 309 will serve female 
offenders and 1,031 will serve male offenders. Group counseling 
contacts in prison will increase from 905 contacts to 1,045 contacts 
per month for an increase of 16%. It also provides $812,400 to expand 
out-patient treatment by 61% from 899 contacts per month to 1,439 
contacts per month. These contacts will take place with probationers 
and parolees in Field & Community Services district offices. Included 
in this bill is $493,100 in General Funds, and $239,800 in federal 
funds to the Division of Institutional Support to evaluate the 
effectiveness of substance abuse treatment programs offered by the 
Dept. of Correction.

This bill provides guidance to the executive agencies involved about 
the importance of matching clients to the appropriate intensity and 
type of treatment. The intent of this guidance is to maximize the 
effectiveness of each dollar spent on treatment services. The bill 
also creates a special legislative oversight committee to monitor 
and review all aspects of the substance abuse treatment services 
delivered by the Dept. of Health & Welfare, the Dept. of Correction, 
and those state-funded services delivered by the Drug Courts. The 
committee shall have the discretion of meeting when necessary with 
the permission of the Pro Tempore or the Speaker of the House.

                            Fiscal Note
The fiscal impact of this bill to the General Fund is as follows:
Dept. of Health & Welfare:	        FY 2001	        FY 2002
Div of Family & Community Services	$490,000	$3,267,000
($490,000+$2,201,000+$576,000 = $3,267,000)

Dept. of Correction:
Prisons Division		                        $1,176,800
Field & Community Services		                   812,400
Div of Institutional Support		                   493,100
    Dept. Total		                                $2,482,300
Initiative Total in FY 2002		                $5,749,300


Contact:  Cathy Holland-Smith 334-4731 
Legislative Services Office, Budget & Policy Analysis


Statement of Purpose/Fiscal Note		S 1257