A5047

An Act concerning addiction services for nonviolent criminal offenders and supplementing Title 30 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. There is established in the Department of Law and Public Safety a three-year “Law Enforcement Addiction Intervention Pilot Program,” which shall serve to divert certain nonviolent offenders who are addicted to the use of controlled dangerous substances away from the criminal justice system and into an appropriate treatment program. The pilot program shall be established in Burlington County.

b. The Attorney General shall establish a county-wide addiction intervention task force to identify persons who are at risk of a drug overdose and have committed nonviolent crimes as a result of, or related to, substance abuse disorders. Each municipal law enforcement agency in Burlington County shall assign one law enforcement officer to the county-wide addiction intervention task force.

In addition, individuals who voluntarily enter a police department and request assistance with their addiction may receive assistance from a member of the task force. At the time of requesting assistance, an individual who is in possession of a controlled dangerous substance, controlled dangerous substance analog, or drug paraphernalia and advises a law enforcement officer of that possession and voluntarily surrenders the substance, analog, or paraphernalia to the law enforcement officer shall not be arrested, charged, prosecuted, or convicted for:

(1) obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of a controlled dangerous substance or controlled substance analog pursuant to subsection a., b., or c. of N.J.S.2C:35-10;

(2) acquiring or obtaining possession of a controlled dangerous substance or controlled substance analog by fraud pursuant to N.J.S.2C:35-13;

(3) unlawfully possessing a controlled dangerous substance that was lawfully prescribed or dispensed pursuant to section 9 of P.L.1999, c.90 (C.2C:35-24); or

(4) using or possessing with intent to use drug paraphernalia pursuant to N.J.S.2C:36-2 or controlling or possessing a hypodermic syringe, hypodermic needle, or any other instrument adapted for the use of a controlled dangerous substance or a controlled substance analog pursuant to subsection a. of N.J.S.2C:36-6.

The materials shall be collected and secured for later destruction in accordance with established procedures.

c. Members of the task force appointed pursuant to subsection b. of this section who identify persons addicted to the use of controlled dangerous substances shall refer them to a non-profit organization dedicated to providing law enforcement addiction treatment intervention services. In addition, the task force members shall continually monitor the person’s treatment progress and, if applicable, subsequent criminal violations.

d. The law enforcement officers assigned to the task force shall receive training pertaining to police interactions with persons who have substance abuse disorders. The curriculum for the training shall be developed by the Director of the Division of Mental Health and Addiction Services in the Department of Human Services, in consultation with the Attorney General. The curriculum shall include, but not be limited to, the following subjects:

(1) identification and recognition of different forms of behavioral issues related to substance abuse disorder;

(2) techniques for law enforcement to intervene with, interview, de-escalate, and assess a person who may have a substance abuse disorder;

(3) issues relating to suicide and prevention techniques;

(4) an overview of community resources and options for treatment, including identification of local resources; and

(5) methods of determining appropriate treatment options and transfer thereto in collaboration with addiction treatment entities.

e. The Attorney General shall submit to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report containing an evaluation of the pilot program not more than one year after the implementation of the pilot program, and annually thereafter for a total of three years. The report shall recommend whether the pilot program should be continued as a Statewide program.

2. This act shall take effect immediately and shall expire upon submission of the third annual report to the Governor and Legislature pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

STATEMENT

This bill establishes in the Department of Law and Public Safety a three-year “Law Enforcement Addiction Intervention Pilot Program,” which would divert certain nonviolent offenders who are addicted to the use of controlled dangerous substances away from the criminal justice system and into an appropriate treatment program. The pilot program would be established in Burlington County.

Under the pilot program, each municipal law enforcement agency in Burlington County would assign one law enforcement officer to a county-wide addiction intervention task force. The purpose of the task force would be to identify persons who are at risk of a drug overdose and have committed nonviolent crimes as a result of, or related to, substance abuse disorders. In addition, individuals who voluntarily enter a police department and request assistance with their addiction may receive assistance from a member of the task force. The bill provides that a person is not to be arrested for certain drug possession crimes when asking for assistance with his or her addiction.

Members of the task force would be required to refer persons with substance abuse disorders to a non-profit organization dedicated to providing law enforcement addiction treatment intervention services. In addition, the task force members would be required to continually monitor the person’s treatment progress and, if applicable, subsequent criminal violations.

The bill requires the law enforcement officers assigned to the task force to receive training pertaining to police interactions with persons who have substance abuse disorders. The curriculum for the training is to be developed by the Director of the Division of Mental Health and Addiction Services in the Department of Human Services, in consultation with the Attorney General. The curriculum is required to include, but not be limited to, the following subjects:

(1) identification and recognition of different forms of behavioral issues related to substance abuse disorder;

(2) techniques for law enforcement to intervene with, interview, de-escalate, and assess a person who may have a substance abuse disorder;

(3) issues relating to suicide and prevention techniques;

(4) an overview of community resources and options for treatment, including identification of local resources; and

(5) methods of determining appropriate treatment options and transfer thereto in collaboration with addiction treatment entities.

The bill requires the Attorney General to submit to the Governor and to the Legislature a report containing an evaluation of the pilot program not more than one year after the implementation of the pilot program, and annually thereafter for a total of three years. The report is to recommend whether the pilot program should be continued as a Statewide program.