Crime Prevention Initiatives summary, 2004

Governor Ehrlich’s * Legislative Initiatives Crime Prevention Initiatives Crimes - Substance Abuse - Parole - Civil Commitment - Diversion This bill provides the Parole Commission with drug and alcohol evaluations, which include recommendations on amenability to treatment and availability of appropriate identified program, for consideration in connection with parole decisions Creates new structured diversion system for State's Attorney's use in non-violent offenses through "nolle prosequi for drug or alcohol treatment" or a "stet for drug or alcohol treatment" • Defendant evaluated under Alcohol and Drug Abuse Administration (ADAA) regulations, determining amenability to treatment and recommending appropriate program • Disposition will be entered in criminal or motor vehicle records • Unless court finds indigence, defendant must pay administrative fee of $ 1 50 into newly created Maryland Substance Abuse Fund - to be used by ADAA for local Drug and Alcohol Abuse Councils, any state costs incurred to coordinate planning by local Councils, and substance abuse evaluation and treatment services (including services provided through Drug Treatment Courts) Amends existing law to promote direct access by courts to ADAA-funded local health systems providing substance abuse evaluation, referral and resources • Elimination of "commitment" to DHMH for treatment and replacement with "order" for treatment through ADAA-funded local health system • Evaluation of defendant in accordance with ADAA regulations. , • Identification of treatment program and actual/estimated date of admission • Treatment can only be ordered as a condition of pretrial release or as a condition of probation AND there is no current commitment in effect • Defendant must be supervised by either pre-trial release or probation agent Creates an Alcohol and Drug Abuse Council in each county • Members include local Health Dept., Board of Education, DSS, DJS, Parole and Probation, Circuit and District Court judges, local government, police, treatment providers • No duplicative bureaucracy - Any appropriate, existing groqp can request Governor's designation as the county's Council • Develops local plan for meedng needs of general public and criminal justice system for drug and alcohol evaluation, prevention and treatment services, including survey of funds already in use Reviews local grant applications and recommends approval if consistent with local pla