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H0106................................by JUDICIARY, RULES AND ADMINISTRATION
DRUG POLICY OFFICE - Adds to and amends existing law relating to substance
abuse policy to establish the Office of Drug Policy; to provide for an
administrator; to set forth powers and duties; to designate the
administrator as chairperson of the Interagency Committee on Substance
Abuse Prevention and Treatment; to revise provisions applicable to
membership, chairmanship and duties of the interagency committee; and to
provide that the interagency committee shall direct the Department of
Health and Welfare in the establishment and content of a program for
substance abuse treatment.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
Speaker
NAYS -- None
Absent and excused -- Roberts
Floor Sponsor - Clark
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Jud
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Coiner
Floor Sponsor - Darrington
Title apvd - to House
03/02 To enrol
03/05 Rpt enrol - Sp signed
03/06 Pres signed
03/07 To Governor
03/13 Governor signed
Session Law Chapter 69
Effective: 03/13/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 106
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO DRUG AND SUBSTANCE ABUSE POLICY; AMENDING CHAPTER 8, TITLE 67,
3 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-821, IDAHO CODE, TO ESTAB-
4 LISH THE OFFICE OF DRUG POLICY, TO PROVIDE FOR AN ADMINISTRATOR, TO SET
5 FORTH POWERS AND DUTIES AND TO DESIGNATE THE ADMINISTRATOR AS CHAIRPERSON
6 OF THE INTERAGENCY COMMITTEE ON SUBSTANCE ABUSE PREVENTION AND TREATMENT;
7 AMENDING SECTION 39-303, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO
8 THE MEMBERSHIP, CHAIRMANSHIP AND DUTIES OF THE INTERAGENCY COMMITTEE ON
9 SUBSTANCE ABUSE PREVENTION AND TREATMENT; AND AMENDING SECTION 39-304,
10 IDAHO CODE, TO PROVIDE THAT THE INTERAGENCY COMMITTEE SHALL DIRECT THE
11 DEPARTMENT OF HEALTH AND WELFARE IN THE ESTABLISHMENT AND CONTENT OF A
12 PROGRAM FOR SUBSTANCE ABUSE TREATMENT; AND DECLARING AN EMERGENCY.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Chapter 8, Title 67, Idaho Code, be, and the same is
15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
16 ignated as Section 67-821, Idaho Code, and to read as follows:
17 67-821. COORDINATION OF POLICY AND PROGRAMS RELATED TO DRUG AND SUBSTANCE
18 ABUSE. (1) There is hereby established in the office of the governor the
19 "Office of Drug Policy." The administrator of the office of drug policy shall
20 be the official in the state designated to oversee and execute the coordina-
21 tion of all drug and substance abuse programs within the state of Idaho. The
22 administrator shall be appointed by and shall serve at the pleasure of the
23 governor, and shall be subject to confirmation by the state senate.
24 (2) The office of drug policy shall:
25 (a) Cooperate and consult with counties, cities and local law enforcement
26 on programs, policies and issues in combating Idaho's illegal drug and
27 substance abuse problem;
28 (b) Serve as a repository of agreements, contracts and plans concerning
29 programs for combating illegal drug and substance abuse from community
30 organizations and other relevant local, state and federal agencies and
31 shall facilitate the exchange of this information and data with relevant
32 interstate and intrastate entities;
33 (c) Provide input and comment on community, tribal and federal plans,
34 agreements and policies relating to illegal drug and substance abuse; and
35 (d) Coordinate public and private entities to develop, create and promote
36 statewide campaigns to reduce or eliminate substance abuse.
37 (3) The administrator shall act as chairperson of the interagency commit-
38 tee on substance abuse prevention and treatment, as created in section 39-303,
39 Idaho Code, to ensure that the interagency committee coordinates and directs
40 all state entities regarding substance abuse prevention and treatment delivery
41 services statewide.
42 SECTION 2. That Section 39-303, Idaho Code, be, and the same is hereby
2
1 amended to read as follows:
2 39-303. INTERAGENCY COMMITTEE ON SUBSTANCE ABUSE PREVENTION AND TREAT-
3 MENT. (1) There is hereby created within the department of health and welfare
4 office of drug policy, as provided for in section 67-821, Idaho Code, the
5 interagency committee on substance abuse prevention and treatment. The purpose
6 of the interagency committee is to focus on statewide efforts to address sub-
7 stance abuse by assessing statewide needs, developing a statewide plan, and
8 coordinating and directing efforts of all state entities that use public funds
9 for efforts to address substance abuse, and advising these agencies on needs
10 and strategies pertaining to services provided to address substance abuse.
11 (2) Membership of the interagency committee shall be:
12 (a) The administrator of the office of drug policy, or the
13 administrator's designee;
14 (b) The director of the department of health and welfare, or the
15 director's designee;
16 (bc) The director of the department of correction, or the director's des-
17 ignee;
18 (cd) The director of the department of juvenile corrections, or the
19 director's designee;
20 (de) The superintendent of public instruction, or the superintendent's
21 designee;
22 (ef) The director of the Idaho state police, or the director's designee;
23 (fg) The director of the Idaho transportation department, or the
24 director's designee;
25 (gh) The administrative director of the supreme court, or the director's
26 designee;
27 (hi) The chairperson of the state board of health and welfare, or the
28 chair's designee;
29 (ij) The chairperson of the board of correction, or the chair's designee;
30 (jk) The chairperson of the board of juvenile corrections, or the chair's
31 designee;
32 (kl) The chairperson of the drug court and mental health court coordinat-
33 ing committee established under section 19-5606, Idaho Code, or the
34 chair's designee;
35 (lm) The chairperson of the senate health and welfare committee, or the
36 chair's designee;
37 (mn) The chairperson of the house of representatives health and welfare
38 committee, or the chair's designee;
39 (no) The chairperson of the senate judiciary and rules committee, or the
40 chair's designee;
41 (op) The chairperson of the house of representatives judiciary, rules and
42 administration committee, or the chair's designee;
43 (pq) The chief administrative official of each other state governmental
44 entity that expends funds to provide services to address substance abuse,
45 or that chief administrative official's designee;
46 (qr) One (1) representative of the regional advisory committees as deter-
47 mined in section 39-303A, Idaho Code; and
48 (rs) One (1) representative of the office of the governor as determined
49 by the governor Such additional ad hoc nonvoting members as the adminis-
50 trator of the office of drug policy may designate.
51 Interagency committee members shall serve without additional compensation but
52 may be reimbursed by their respective entities for interagency committee
53 related travel and expenses pursuant to chapter 20, title 67, Idaho Code.
54 (3) The duties of the interagency committee shall be to:
3
1 (a) Develop and annually update a statewide plan to address substance
2 abuse, including the creation of common performance measures;
3 (b) Exchange information on programs that address substance abuse;
4 (c) Identify and promote opportunities for coordination, cooperation,
5 collaboration and elimination of service duplication among relevant state
6 entities;
7 (d) Monitor programs and evaluate outcomes;
8 (e) Identify state needs for addressing substance abuse, including pro-
9 moting implementation of multiagency strategic budgeting;
10 (f) Review and assess the use of funds available to address substance
11 abuse;
12 (g) Promote coordinated approaches to substance abuse prevention and
13 treatment;
14 (h) Research, share, discuss and promote the use of best practices; and
15 (i) Annually report to the legislature and governor prior to the begin-
16 ning of the legislative session on the state's efforts to address sub-
17 stance abuse, including descriptions of:
18 (i) The statewide need for services to address substance abuse;
19 (ii) The state's capacity to meet those identified needs;
20 (iii) The types of substance abuse services being provided, and the
21 groups and numbers of people served;
22 (iv) Which programs are effective in addressing substance abuse and
23 which are not; and
24 (v) An overall evaluation of the state's efforts to address sub-
25 stance abuse; and
26 (j) Develop and submit through the office of drug policy, no later than
27 the first of September, any budgeted program enhancements or program
28 expansions in a coordinated budget request pursuant to section 67-3502,
29 Idaho Code, including estimated appropriation needs for the next fiscal
30 year by the judicial department, the department of correction, the depart-
31 ment of health and welfare, the department of juvenile corrections and any
32 other department or agency, for expenditures relating to services provided
33 by such department or agency in connection with the statewide substance
34 abuse prevention and treatment delivery system.
35 (4) Each state administrative agency that expends public funds to provide
36 services to address substance abuse shall report semiannually to the inter-
37 agency committee, and shall include the following information:
38 (a) The amount of moneys expended on programs or services to address sub-
39 stance abuse;
40 (b) The number of individuals served or the extent of services provided,
41 by specific type of service;
42 (c) The number of individuals not served and/or placed on waiting lists
43 for services, by specific type of service;
44 (d) The agency's overall capacity to provide specific types of services;
45 (e) The completion, dropout and relapse rates for treatment programs, and
46 the relevant indicators for other services and programs;
47 (f) The average length of stay for individuals in each type of treatment
48 program, or the average duration of other services and programs.
49 The interagency committee shall establish procedures for collecting and com-
50 piling the information required for these reports and the distribution of the
51 compiled information to all interagency committee members, the legislature and
52 the governor.
53 (5) The interagency committee shall meet within three (3) months of the
54 effective date of this act. The director of the department of health and wel-
55 fare shall coordinate the scheduling of the initial meeting. At its initial
4
1 meeting the interagency committee shall elect a chairperson from among its
2 members, who shall serve a one (1) year term. A chairperson of the interagency
3 committee shall be elected at each subsequent annual meeting. No interagency
4 committee chairperson shall serve consecutive terms as chairperson and no sin-
5 gle state agency or entity shall be represented in consecutive terms through
6 the chair. Following the initial meeting, The administrator of the office of
7 drug policy shall serve as chairperson of the interagency committee. Tthe
8 interagency committee shall meet at least once each calendar quarter, or more
9 frequently at the call of the chairperson. Public notice of each interagency
10 committee meeting shall be given two (2) weeks in advance thereof. Any inter-
11 agency committee member may submit agenda items to be discussed at the inter-
12 agency committee meetings.
13 (6) Each state administrative agency or entity with representation on the
14 interagency committee shall share in providing the administrative support
15 required by the interagency committee. The allocation of administrative sup-
16 port among the state administrative agencies represented on the interagency
17 committee shall be collectively determined by the chief administrative officer
18 of each such agency and reassessed at least annually.
19 SECTION 3. That Section 39-304, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-304. COMPREHENSIVE PROGRAM FOR TREATMENT. The Idaho department of
22 health and welfare is hereby designated as the state substance abuse author-
23 ity.
24 (1) The department shall establish a comprehensive and coordinated program
25 for the treatment of alcoholics, intoxicated persons and drug addicts. The
26 interagency committee shall advise direct the department in the establishment
27 and in the content of this program.
28 (2) The program shall include:
29 (a) Emergency detoxification treatment and medical treatment directly
30 related thereto provided by a facility affiliated with or part of the med-
31 ical service of a general hospital;
32 (b) Inpatient treatment;
33 (c) Intermediate treatment;
34 (d) Outpatient and follow-up treatment; and
35 (e) Community detoxification provided by an approved facility.
36 (3) The department shall provide for adequate and appropriate treatment
37 for persons admitted pursuant to section 39-307, Idaho Code. Treatment shall
38 not be provided at a correctional institution except for inmates.
39 (4) The department shall maintain, supervise, and control all facilities
40 operated by it. The administrator of each such facility shall make an annual
41 report of its activities to the director in the form and manner the director
42 specifies.
43 (5) All appropriate public and private resources shall be coordinated
44 with and utilized in the program whenever possible.
45 (6) The department shall prepare, publish and distribute annually a list
46 of all approved public and private treatment facilities.
47 (7) The department may contract for the use of any facility as an
48 approved public treatment facility if the director considers this to be an
49 effective and economical course to follow.
50 (8) The program shall include an individualized treatment plan prepared
51 and maintained for each client.
52 SECTION 4. An emergency existing therefor, which emergency is hereby
5
1 declared to exist, this act shall be in full force and effect on and after its
2 passage and approval.
STATEMENT OF PURPOSE
RS 16858C1
This legislation codifies the Office of Drug Policy, formerly
known as the Office of the Drug Czar, within the Office of the
Governor. The bill also modifies the Interagency Substance Abuse
Committee membership to include the administrator of the Office
of Drug Policy and also names the administrator chairman of the
committee. Finally, the legislation creates a single point of
budget coordination and program direction for substance abuse
programs that utilize state funds.
FISCAL NOTE
The creation of the Office of Drug Policy will require funding
for the administrator position as well as project manager and
administrative support positions. The estimated cost for this
office is $250,000.
Contact
Name: Representative Jim Clark
Senator Denton Darrington
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 106