July 2007

An Overview of 2007 State Addictions Legislation-Appropriations and Beyond

Overview
Appropriations
Other Legislation
Vetoes
Press

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Overview

This State Policy Focus is devoted to state legislation regarding addictions. The majority of the detail below focuses on appropriations, but the report also includes other kinds of legislation that has been enacted thus far in 2007. Some states—California,  Massachusetts, Michigan, North Carolina, Ohio, Pennsylvania and Wisconsin—and the District of Columbia Council are still in session, and the Florida Legislature is in special session.

 

The research team at KSE Focus was able to compare 2007 appropriations for 13 states and the District of Columbia with their appropriations in 2006. As you can see from the chart below,

• 8 states increased appropriations;[i]
• 6 states did not change the level of appropriations; and
• 1 state cut appropriations.

The chart was limited to 13 states and the District of Columbia because 1) not all states have finalized their budgets or 2) the necessary information was unavailable—e.g., programs were changed such that a direct comparison was not possible, state legislature does not meet every year so either 2006 or 2007 data is not available. Still, the limited information shows a trend of stable or increased funding at the state level. States may be responding to the annual uncertainty of federal addictions funds.

 

From the chart, the National Council created a bar graph showing the percentage increases in the eight states that experienced increased appropriations. For states that have multiple addictions programs, separate programs were broken out individually.

 

Funding for criminal and juvenile justice-related programs was definitely on legislators’ minds in 2007. Florida, for example, established a grant program for counties to “plan, implement, or expand initiatives that increase public safety,” including improving access to effective services for adults and juveniles who are in or are at risk of entering the criminal or juvenile justice systems. Similarly, Idaho enacted a law allowing the state to provide grants for mental health and addictions treatment through the state mental health authority, working with the Departments of Corrections and Juvenile Corrections, the courts and the regional mental health board. Treatment services include, but are not limited to, 24-hour emergency psychiatric services, short-term psychiatric beds, crisis intervention teams, transitional housing and detoxification facilities. Texas developed a pilot project in Bexar County to address jail overcrowding by diverting individuals with mental illness or addictions issues to inpatient and outpatient services using public safety triage and detoxification units.

 

Prevention is another theme that runs through this legislative session. Arkansas created a 21-member addictions task force to evaluate the current delivery system and “its capacity to respond to current and projected prevention needs  across the full life spectrum, from the prenatal state and early childhood development through adolescence” and adulthood. Idaho created a pilot project to establish a new model for providing school districts with “clinically trained substance abuse and mental health specialist counselors and specialist social workers to address to address critical shortages of practitioners and treatment services for teens in Idaho’s rural areas.”

 

New York state announced two significant initiatives that occurred without legislation. The state will provide $2 million in total funding to 14 chemical dependence treatment programs that target adolescents. The Adolescent Pilot Programs will reach nearly 1,000 youths and their families across New York over the coming year. The funds are being provided for adolescent outpatient chemical dependence treatment programs that use evidence-based treatment services for adolescents between the ages of 12 and 18 who are at risk of placement in the child welfare or juvenile systems, or both.

 

New York is also becoming the first state in the nation to go tobacco-free in prevention and treatment programs which are funded or certified by the state. The state certifies and funds more than 1,400 prevention and treatment programs. This initiative would require that all providers prohibit tobacco within facilities, on all grounds under their control and in program vehicles.

 

For a detailed description of these initiatives and all of the addictions-related legislation that has become law in the states, please see below.

 

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2007 Addictions-Appropriations Chart

July 16, 2007

 

 

 

 

Alaska HB 96 was signed by Republican Gov. Sarah Palin on June 29 and became Chapter 29 of the Session Law Acts of 2007. For the fiscal year beginning July 1, 2007, and ending June 30, 2008, the total agency funding for the Department of Health and Social Services will be $131,099,100 with $18,892,700 being deposited into the Alcohol and Other Drug Abuse Treatment and Prevention Fund.

 

On June 7, Alabama Republican Gov. Bob Riley signed HB 208 (now Act No. 282), the appropriations bill for the fiscal year ending September 30, 2008. The bill contains the following appropriations for the Department of Mental Health and Mental Retardation for substance abuse programs:

 

• General Funds: $5,241,556.
• Earmarked Funds: $45,329,698.
• Total Appropriation: $50,571,254.

Of that, $1 million in additional funds will be expended to expand substance abuse treatment for the community criminal justice population and $200,000 will be spent on outpatient substance abuse treatment programs for children.

 

Governor Riley also signed HB 213 (now Act No. 361), which appropriates $1,307,026 from the Education Trust Fund to substance abuse programs.

 

Arkansas HB 1425 (now Act 1290), an appropriations bill containing miscellaneous grants and agency transfers for the Department of Finance and Administration for the 2007-2009 biennium, was signed by Democratic Gov. Mike Beebe on April 5, 2007. The bill contains the following key line-items:

 

• Payable from the Arkansas Counties Alcohol and Drug Abuse and Crime Prevention Fund for grants to the Arkansas Sheriff’s Association for the establishment and operation of crime prevention and alcohol and drug abuse programs: $375,000 for FY 2007-2008 and FY 2008-2009.
• Payable from the Drug Abuse Prevention and Treatment Fund for the Drug Abuse Prevention and Treatment Program of the Bureau Alcohol and Drug Abuse Prevention: $342,000 for FY 2007-2008 and FY 2008-2009, as well as $312,000 for FY 2007-2008 and FY 2008-2009 (two separate grants).

HB 2063 was signed by Gov. Beebe and became Act 1166 on April 5. This bill contains an appropriation of $3 million for the Department of Health and Human Services – Division of Youth Services to be used for drug abuse and behavioral intervention and prevention grant programs. The funds will be distributed for the fiscal year that began on July 1, 2007.

 

The following Arkansas bills were also signed by the governor. These bills will appropriate funds to the Department of Health and Human Services – Division of Behavioral Health for the fiscal year beginning July 1, 2007 and ending June 30, 2008:

 

HB 2159 became Act 1194 on April 5. The bill contains a $10,000 appropriation from the General Improvement Fund to be deposited into the Drug Abuse Prevention and Treatment Fund for drug abuse prevention and recovery services.

 

HB 2501 became Act 1202 on April 5. This bill will appropriate the following funds:

• $40,000 for alcohol and substance abuse recovery and prevention programs.
• $40,000 for operating expenses and program materials for Mentoring, Alcohol and Substance Abuse Recovery and Prevention Centers.
• $10,000 for state assistance for alcohol and drug substance abuse treatment for women in Arkansas.
• $140,429 for grants and state assistance for Substance Abuse Treatment Centers.
• $30,000 for the Drug Abuse Prevention and Treatment Fund for behavioral health services.
• $30,000 for the Drug Abuse Prevention and Treatment Fund to provide drug abuse prevention and treatment services.

An identical bill, SB 833, became Act 1753 on April 10.

 

SB 447 became Act 1488 on April 9. This bill appropriates an additional $30,000 to provide drug abuse prevention and treatment services.

 

SB 500 became Act 1615 on April 10. This bill appropriates $50,000 for alcohol and substance abuse recovery and prevention programs.

 

SB 557 became Act 1554 on April 9. This bill appropriates an additional $50,000 for operating expenses and program materials for Mentoring, Alcohol and Substance Abuse Recovery and Prevention Centers.

 

SB 623 became Act 1660 on April 10. This bill appropriates an additional $30,000 for the Drug Abuse Prevention and Treatment Fund for behavioral health services.

 

SB 707 became Act 1718 on April 10. The bill appropriates an additional $880,000 for grants and state assistance for Substance Abuse Treatment Centers.

 

The following bills were signed by Governor Beebe and will appropriate funds to the Health and Human Services – Division of Behavioral Health for the biennium beginning July1, 2007 and ending June 30, 2009:

 

SB 218 became Act 1231 on April 9. This bill will appropriate $21,324,072 for the Drug Abuse Prevention and Treatment Fund, for education, drug abuse prevention and treatment services and $17,250,000 for the Drug Abuse Prevention and Treatment Fund, for specialized women’s services, adolescent and adult prevention and treatment services, and operating expenses of the Arkansas Office of Drug Abuse Administration.

 

SB 446 became Act 758 on April 3. This bill appropriates $5 million from the Mental Health Services Fund Account for the expansion, enhancement, and evaluation of substance abuse treatment services for pregnant women and women with children in order to offer Specialized Women’s Services in all 13 catchment areas of the department’s Office of Alcohol and Drug Abuse Prevention. The funds will be distributed for FY 2007-2008 and FY 2008-2009.

 

SB 635 became Act 1269 on April 9. This bill appropriates $1,258,258 for state assistance for alcohol and drug substance abuse treatment for women in Arkansas. 

 

On June 25, Arizona Democratic Gov. Janet Napolitano signed HB 2781 (now Chapter 255 of the 2007 Session Laws), an appropriations bill for state departments, state institutions and public schools for FY 2007-2008.

 

The bill will appropriate the following funds:

 

• $224,500 to the Department of Economic Security - Division of Children, Youth and Families for child protective services/substance abuse treatment fund deposit.
• $7 million to the joint substance abuse treatment fund.
• $94,512,600 to the Department of Health Services - Division of Behavioral Health for the mental health and substance abuse state match for title XIX.
• $87,684,300 to Proposition 204 – general mental health and substance abuse.

Colorado SB 97, a bill to allocate tobacco settlement monies, was signed by Democratic Gov. Bill Ritter on March 22. This bill will allocate three percent of the settlement monies to the Department of Human Services – Division of Alcohol and Drug Abuse to be used for community prevention and treatment services.

 

The bill also allocates, for the fiscal year that began on July 1, 2007, $700,000 to the Department of Human Services, Mental Health and Alcohol and Drug Abuse Services - Alcohol and Drug Abuse Division, community programs for treatment and detoxification contracts and for prevention contracts.

 

HB 1359 was signed by Governor Ritter on June 1. This bill amends the amount of allocated tobacco settlement monies that was established by SB 97. This bill decreased the appropriation to the Department of Human Services, Mental Health and Alcohol and Drug Abuse Services - Alcohol and Drug Abuse Division, community programs from $700,000 to $513,866 for treatment and detoxification contracts and for prevention contracts.

 

Connecticut HB 8001x (the “x” indicates that this was a special session bill) was signed by Republican Gov. Jodi Rell on June 26, 2007. The bill became Public Act 07-01 on July 3. HB 8001x is the state budget bill for the biennium that began on July 1, 2007 and will end on June 30, 2009.

 

This bill will appropriate the following from the General Fund for FY 2007-2008:

 

• $27,407,045 to the Department of Mental Health and Addiction Services for substance abuse services grants.
• $1,770,379 to the Department of Children and Families for substance abuse screening.
• $4,358,271 to the Department of Children and Families for substance abuse treatment.
• $500,000 to the Department of Mental Health and Addiction Services for the Pre-Trial Alcohol Substance Abuse Program.

The bill will appropriate the following from the General Fund for FY 2008-2009:

 

• $25,657,045 (a decrease of $1,750,000 from FY 2007-2008) to the Department of Mental Health and Addiction Services for substance abuse services grants.
• $1,770,379 (same as above) to the Department of Children and Families for substance abuse screening.
• $4,358,271 (same as above) to the Department of Children and Families for substance abuse treatment.
• $500,000 (same as above) to the Department of Mental Health and Addiction Services for the Pre-Trial Alcohol Substance Abuse Program.

HB 8001x also provides $500,000, for the fiscal year ending June 30, 2007, from the General Fund to Local Government for substance abuse services grants.

 

Delaware HB 271 was signed by Democratic Gov. Ruth Ann Minner on July 1. This bill appropriates a total of $881,700 for grant-in-aid funds for alcohol and drug abuse services. The funds will be distributed for the fiscal year beginning July 1, 2007 and ending June 30, 2008.

 

District of Columbia B17-148, the Fiscal Year 2008 Budget Support Act of 2007 (now Act 17-0063) was signed by Mayor Adrian Fenty on June 28. The bill will now be transmitted to the President of the United States as required by the Home Rule Charter. The United States Congress will need to reconcile the budget in a joint conference committee and return it to Congress for final action. When Congress passes the bill, the President can sign it into law or veto it. The bill is projected to become law on September 18.

 

This bill will appropriate the following funds:

 

• No less than $12.54 million to the Addiction Prevention and Recovery Administration for the Addiction Recovery Fund to support direct substance abuse treatment services for the Choice in Drug Treatment Program.
• $100,000 to the Core Community Providers in the Department of Mental Health for mental health services at the Addiction Prevention and Recovery Administration Detoxification Center.

This bill contains the following one-time, nonrecurring distributions:

 

• No less than $200,000 for Agency Management in the Department of Health to contract with KPMG, LLP to conduct management and administrative projects for the Addiction Prevention and Recovery Administration on an as-needed basis.
• $100,000 for the Addiction Prevention and Recovery Administration to be granted to the Crystal Meth Working Group for expanded substance abuse prevention programs.

B17-148 will also require the Department of Health to provide a report, by January 1, 2008, to the Council on its efforts to discontinue direct substance abuse treatment services within the Addiction Prevention and Recovery Administration by no later than January 1, 2009.

                                     

Hawaii HB 500 was signed by Republican Gov. Linda Lingle and became Act 213 on June 27. This bill appropriates funds for operating expenses, capital improvements and authorizations for agencies in the Executive Branch for fiscal biennium 2007-2009.

 

The bill appropriates $735,833 to the Department of Health for FY 2007-2008 and $1,817,500 for FY 2008-2009 for adolescent school-based substance abuse treatment programs for intermediate and middle schools. The Department of Health will also receive $31,121,716 in total appropriations for alcohol and drug abuse for FY 2007-2008 and $31,270,068 in total appropriations for FY 2008-2009. The monies will be distributed from general and special funds, general obligation bond funds, and federal funds. 

 

The bill also appropriates $408,552 to the Department of Public Safety to implement transitional work furlough substance abuse treatment services for both FY 2007-2008 and 2008-2009.

 

Idaho HB 310 was signed by Republican Gov. C. L. Butch Otter and became Chapter 294 of the 2007 Session Laws on March 30. The bill became effective on July 1. This bill appropriates $19,993,500 to the Department of Health and Welfare for substance abuse services in the Substance Abuse Treatment and Prevention Program for the fiscal year that began on July 1, 2007 and will end on June 30, 2008.

 

The bill also requires the Substance Abuse Treatment and Prevention Program to report to the Joint Finance-Appropriations Committee during the 2008 legislative session on a breakdown of the following substance abuse treatment groups: court-supervised individuals, individuals treated through Drug and Mental Health Courts, and non-court supervised individuals. The information provided must include an unduplicated count of the number of individuals served in FY 2006 and FY 2007, as well as the total annual cost per designated category.

 

HB 315 was signed by Governor Otter on March 27. The bill became Chapter 237 of the Session Laws of 2007. This bill appropriates over $3.8 million from the general fund and dedicated funds for mental health and substance abuse services for FY 2007-2008. The funds are to be allocated as follows:

 

• $680,000 to the Supreme Court from the Drug Court, Mental Health Court and Family Court Services Fund for drug coordination and drug testing.
• $880,000 to the Department of Health and Welfare from the Substance Abuse Treatment Fund for substance abuse treatment.
• $1,240,000 to the Department of Health and Welfare for the Community Mental Health Program to provide mental health and substance abuse grants.
• $395,000 to the Office of the Governor from the General and Miscellaneous Revenue Funds for the Office of Drug Policy.
• $250,000 to the Legislative Services Office for a mental health and substance abuse implementation plan.

SB 1190, a bill appropriating additional funds to the Department of Health and Welfare for FY 2007, was signed by Governor Otter and became Chapter 122 of the 2007 Session Laws. This bill appropriates an additional $225,800 to the Department of Health and Welfare for public health services in the Substance Abuse Services Program.

 

Illinois HB 3920, now Public Act 95-0011, was signed by Democratic Gov. Rod Blagojevich on July 2. This bill appropriates the following amounts to the Department of Human Services for the fiscal year that began on July 1, 2007:

 

• $78,421,700 from the Prevention/Treatment – Alcoholism and Substance Abuse Block Grant Fund.
• $150,000 from the Youth Alcoholism and Substance Abuse Prevention Fund.
• $5 million from the Drug Treatment Fund.
• $530,000 from the Youth Drug Abuse Prevention Fund.
• $3,082,900 from the Drunk and Drugged Driving Prevention Fund for grants and administrative expenses related to addiction treatment and related services.
• $28,112,200 from the Alcoholism and Substance Abuse Fund.
• $7,618,600 from the General Revenue Fund for addiction prevention and methamphetamine awareness.
• $1,063,000 from the General Revenue Fund for substance abuse providers.
• $162,718,100 from the General Revenue Fund for community-based addiction treatment services.
• $641,800 from the General Revenue Fund for grants and administrative expenses related to the Domestic Violence and Substance Abuse Demonstration Project.

Indiana HB 1001 was signed by Republican Gov. Mitch Daniels on May 11. The bill became Public Law 234. This bill appropriates the following funds for fiscal years 2007-2008 and 2008-2009:

 

• $229,010 to the Drug and Alcohol Programs Fund for administering,
  certifying, and supporting alcohol and drug services.
• $386,000 to the Alcohol and Drug Countermeasures Fund.
• $5,006,000 for the total operating expenses for Substance Abuse Treatment including an amount of $12,500 each year of the biennium for the employment of a drug and alcohol abuse counselor for Jefferson County Transitional Services, Inc.

Iowa HF 787 was signed by Democratic Gov. Chet Culver on April 20. This bill appropriates $13,474,900 to the Department of Public Health for the federal fiscal year beginning October 1, 2007, and ending September 30, 2008. The funds will be used to implement the substance abuse prevention and treatment block grant.

 

HF 909 was signed by Governor Culver on May 29. This bill appropriates the following funds to the Department of Human Services for the fiscal year that began on July 1, 2007, and will end on June 30, 2008:

 

• $950,000 for an integrated substance abuse managed care system. 
• $317,381 to support substance abuse services provided to the juveniles participating in juvenile drug court programs.
• $400,000 for funding of the state match for the federal Substance Abuse and Mental Health Services Administration (SAMHSA) system of care grant.
• $2,443,036 for reducing the prevalence of the use of tobacco, alcohol, and other drugs, and treating individuals affected by addictive behaviors.   

This bill also appropriates to the Department of Public Health $450,000 for the implementation of culturally competent substance abuse treatment pilot projects and $682,000 for substance abuse treatment activities for the fiscal year that began on July 1, 2007, and will end on June 30, 2008.

 

This bill will also require the Division of Mental Health and Disability Services and the Department of Public Health to give priority to the efforts underway to develop an implementation plan for addressing co-occurring mental health and substance abuse disorders in order to establish a comprehensive, continuous, and integrated system of care for such disorders. The division and the department will participate in a policy academy on co-occurring mental health and substance abuse disorders as part of developing an implementation plan for commission review by April 1, 2008. The commission must review and make recommendations on the plan on or before May 1, 2008, and then submit the plan to the governor and general assembly on or before June 1, 2008. 

 

During the fiscal year that began on July 1, 2007, the Department of Public Health will be required to work collaboratively with the Departments of Corrections, Education, Elder Affairs, and Human Services, as well as other state agencies, to enhance the workforce competencies of professional and direct care staff who provide behavioral health services, including but not limited to all of the following:

 

• Treatment of persons with co-occurring mental health and substance use disorders.
• Treatment of children with mental health or substance use disorders.
• Treatment of persons with serious mental illness.
• Treatment of veterans of United States or Iowa military service with mental health or substance use disorders.
• Treatment of older adults with mental health or substance use disorders.

Maryland HB 50 became Chapter 487 of the 2007 Session Laws on May 8. This bill will appropriate $139,846,651 to the Alcohol and Drug Abuse Administration for the fiscal year that began on July 1, 2007.

 

HB 51 was signed by Democratic Gov. Martin O’Malley and became Chapter 488 on May 17. This bill appropriates $7,510,000 to the Community Health Facilities Grant Program. The grants will provide funding to acquire, design, construct, renovate, and equip community mental health, addiction treatment, and developmental disabilities facilities.

 

The bill also appropriates $100,000 to the Baltimore Station Facility for the planning, design, renovation and construction, as well as capital equipment for a residential substance abuse treatment facility, located in Baltimore City, and $100,000 to the Board of Directors of Addiction Recovery, Inc. for the repair and renovation, as well as capital equipment for Hope House, an alcohol and drug addiction residential treatment facility, located in Crownsville.

 

The bill became effective June 1.

 

Missouri HB 8 was signed by Republican Gov. Matt Blunt on June 27. This bill appropriates to the Department of Public Safety $250,000 for the Residential Substance Abuse Treatment Program and $3,399,524 for the Division of Alcohol and Tobacco Control for the fiscal year that began on July 1, 2007 and will end on June 30, 2008.

 

HB 10 was also signed on June 27 by Governor Blunt. This bill appropriates the following funds to the Department of Mental Health – Division of Alcohol and Drug Abuse for the fiscal year that began on July 1, 2007 and will end on June 30, 2008:

 

• $2,303,944 for the administration of statewide comprehensive alcohol and drug abuse prevention and treatment programs.
• $11,939,954 for prevention and education services for school-based alcohol and drug abuse prevention programs.
• $90,798,370 for treatment of adolescents with co-occurring addiction and mental illness, system enhancement of youth services, and treatment of drug and alcohol abuse with the Access to Recovery Grant.
• $4,480,338 for the Substance Abuse Traffic Offender Program.

HB14 was signed by the governor on March 22. This bill appropriates $613,700 from the Healthcare Technology Fund to the Department of Mental Health - Division of Alcohol and Drug Abuse for treatment of alcohol and drug abuse.

New Jersey SB 3000 was signed by Democratic Gov. John Corzine on June 28. This bill appropriates a total of $33,470,914,000 in state funds and $10,197,242,726 in federal funds for the state budget for FY 2007-2008.

 

Out of those funds, the Departments of Law and Public Safety, Children and Families, Corrections, and Human Services will receive a total of $195,994,000 for substance abuse programs, services and initiatives, including residential treatment and re-entry substance abuse programs.

 

New Mexico SB 611 was signed by Democratic Gov. Bill Richardson on March 13. This bill appropriates funds for FY 2007-2008.

 

The Local Government Division of the Department of Finance and Administration will receive the following funds:

 

• $25,000 for a transitional housing program for substance-dependent and homeless people in Bernalillo County.
• $360,000 for methamphetamine treatment in San Juan County.
• $125,000 for methamphetamine, other drug and alcohol abuse and driving while intoxicated programs in San Juan County.
• $70,000 for community drug and alcohol programs in Talpa in Taos County.

The 5th Judicial District Attorney will receive $100,000 for a drug awareness and prevention program for school districts in the 5th judicial district. The Department of Indian Affairs will receive $20,000 for tribal programs by Indian nations, tribes and pueblos in Rio Arriba County to address substance abuse prevention and intervention.

 

The Department of Health will receive the following funds:

 

• $360,000 for a regional alcohol detoxification and treatment center in De Baca county and for alcohol and substance abuse treatment continuum of care initiatives in Curry, De Baca, Guadalupe, Harding, Quay, Roosevelt, San Miguel and Union counties.
• $35,000 for six pilot detoxification programs using acupuncture to treat substance abuse, especially in traditionally underserved populations such as women and children of color, at-risk youth, low-income persons, victims of violence and those with concurrent mental health problems.
• $30,000 for a traditional healing training program in northern New Mexico for treating people with substance abuse and related disorders.
• $60,000 for substance abuse programs in Eddy County.
• $15,000 to contract with a youth commission for a youth program in Las Vegas focused on substance abuse and suicide prevention that involves training youth as part of a peer-to-peer program.
• $20,000 to contract for long-term drug and alcohol abuse rehabilitation in Taos County.
• $250,000 for residential and community substance abuse treatment at a central New Mexico substance abuse and training facility.

New York SB 2103 was signed by Democratic Gov. Eliot Spitzer and became Chapter 53 of the 2007 Session Laws on April 9. The bill became effective immediately.

 

This bill appropriates $29,381,000 to the Department of Family Assistance Office of Children and Family Services for family preventive services including but not limited to: funding for chemical dependency programs, intensive case management and related services for families with children at risk of foster care placement due to the presence of alcohol and/or substance abuse in the household, and assessment and treatment outcomes for families and youth involved in the child welfare system who need chemical dependency services.

 

The Department of Family Assistance Office of Children and Family Services will also receive $5 million for a demonstration project in targeted social services districts based, in part, on size, experience, readiness and availability of services, to improve the assessment and treatment outcomes for families and youth involved in the child welfare system who need chemical dependency services. Some of the funding will be used for chemical dependency programs to co-locate certified chemical dependency staff with appropriate district child welfare services staff and for evaluation of the project.

 

The bill also appropriates the following funds:

 

• $50,000 to the Statewide Black, Puerto Rican and Hispanic Substance Abuse Task Force.
• $10,000 to the Garden City Community Co. on Substance Abuse & Violence Prevention.
• $15,000 to South Orangetown Community Awareness of Substance Abuse.
• $3,000 to the Statewide Black & Puerto Rican/Latino Substance Abuse Task Force.
• $2,500,000 for eligible costs related to screening, assessment, optional testing and treatment for substance abuse problems for individuals and families eligible for public assistance.

An identical bill, AB 4303, was also signed by the governor on April 9.

 

The Oklahoma Department of Mental Health and Substance Abuse Services received an appropriation of $207,529,129 for the fiscal year that began on July 1, 2007 and will end on June 30, 2008 (see HB 1231). The bill, signed by Democratic Gov. Brad Henry, is a 6.6 percent increase over the agency’s FY 2007 appropriation. Major funding items are as follows: 

 

• $3.375 million for the Adolescent Drug Program ($1.375 million), FY 2007 provider rate increases ($750,000) and Mental Health Court program ($1.25 million).
• $108, 464,154 for community-based programs.
• $41,857,013 for substance abuse programs.
• $1,735,945 for co-occurring disorders.
• $4,958,292 for residential care programs.

Additionally, the department received $2 million from the Rainy Day Fund for the Smart on Crime Initiative. For a look at the complete general appropriations bill, please refer to SB 334.

 

Oregon SB 5544 was signed by Democratic Gov. Ted Kulongoski on June 25. The bill became Chapter 599 of the 2007 Session Laws. This bill appropriates funds to the Oregon Youth Authority for the biennium that began on July 1, 2007 and will end June 30, 2009. Of the appropriated funds, $13,847,796 will be used for nutrition programs and alcohol and drug abuse prevention programs.

 

Tennessee SB 2334 was signed by Democratic Gov. Phil Bresden on June 28. This bill appropriates $15,016,900 to the Department of Health for alcohol and drug abuse services for the fiscal year that began on July 1, 2007. The department will also receive $42,524,000 from departmental revenue and federal aid funds and $34,234,500 from the Substance Abuse Prevention and Treatment block grant for the same services.

 

Utah HB 1 was signed by Republican Gov. Jon Huntsman, Jr. on February 2. This bill appropriates $240,000 to the Governor’s Office – Commission on Criminal and Juvenile Justice for substance abuse and anti-violence programs, and $441,600 to the Judicial Council/State Court Administration for substance abuse prevention.

 

The bill also appropriates a total of $115,987,000 to the Department of Human Services - Division of Substance Abuse and Mental Health. Of these funds, $30,348,900 will go toward state and local substance abuse services and the Drivers Under the Influence program. The funds will be distributed for the fiscal year that began on July 1, 2007 and will end on June 30, 2008.

 

HB 150 was signed by Governor Huntsman on March 20. This bill appropriates additional funds for FY 2008. The Governor’s Office – Commission on Criminal and Juvenile Justice will receive an additional $2,000,020 for substance abuse and anti-violence programs. The Department of Human Services - Division of Substance Abuse and Mental Health will also receive an additional $5,026,300 for state substance abuse services. This bill also appropriates $1,300 to the State Board of Education - State Office of Education for substance abuse prevention.

 

HB 150 will also require the Division of Substance Abuse and Mental Health, in conjunction with the Division of Child and Family Services, to provide a written report to the Health and Human Services Appropriations Subcommittee by the 2008 General Session on the use of the funds, how many individuals were served, the effectiveness of treatment services, and the fiscal impact on current funding levels for children in state custody. 

 

Vermont HB 537 was signed by Republican Gov. Jim Douglas on June 4 and became Act No. 65. This bill appropriates funds for the fiscal year that began on July 1, 2007 and will end on June 30, 2008, including:

 

• $54,000 to the Agency of Human Services ‑ Secretary’s Office for a grant to the project against violent encounters for a statewide program for substance abuse prevention and mentoring for youth.
• $132,030,884 to the Department of Mental Health to ensure that the mental health and substance abuse treatment needs are fully funded for eligible children, adolescents, and community rehabilitation and treatment (CRT) program beneficiaries with co‑occurring substance abuse and mental health disorders. 
• $31,170,337 to the Department of Health for alcohol and drug abuse programs.

This bill also requires the Department of Health to convene a high level task force to review the substance abuse treatment services currently in place and to identify how to integrate them into a more systematic response to addictive problems. 

 

The task force is required to analyze the population in need of treatment services, and will create a design for services in communities based on level of care so as to support long‑term recovery. The Agency of Human Services field directors and district health directors will be required to map local services across the continuum of care and across sectors - from health to criminal justice. These maps will inform the task force’s analysis of the services and supports that are currently available. The analysis will target workforce preparation and what needs to be done to develop a mechanism for clinicians to be certified to treat co‑occurring mental health and substance abuse disorders. The department must prepare and submit a report and plan by January 15, 2008, to the house and senate committees on appropriations. 

 

Washington HB 1128,  a bill making appropriations for FY 2008 and FY 2009, was signed by Democratic Gov. Christine Gregoire on May 15. The bill became Chapter 522 of the 2007 Session Laws.

 

The bill contains two line items of particular interest:

 

• $340,281,000 in total appropriations for the Department of Social and Health Services for alcohol and substance abuse programs.
• $1,200,000 in total appropriations for the Office of Financial Management for county substance abuse programs.

On March 23, West Virginia HB 2007 was approved by Democratic Gov. Joe Manchin and became Chapter 12 of the Acts of 2007. This bill appropriates $11,575,501 to the Division on Health - Substance Abuse Prevention and Treatment from federal block grants. The bill will also appropriate $100,000 to the Four Angels Substance Abuse Treatment Project from the Consolidated Medical Services Fund.

 

The funds will be distributed for the fiscal year that began on July 1, 2007 and will end on June 30, 2008.

 

Wyoming SF 76, a bill containing mental health and substance abuse appropriations, was signed by Democratic Gov. Dave Freudenthal on March 9.

 

SF 76 will appropriate the following funds:

 

• $383,660 to the state hospital to implement a program to treat individuals with co-occurring diagnoses.
• $1,235,156 to the state hospital to treat mentally ill adult acute care patients.
• $1,657,700 to regional residential facilities to treat individuals with co-occurring diagnoses.
• $2,131,317 to substance abuse treatment residential facilities to increase the capacity of such facilities.
• $1,227,000 for substance abuse regional service enhancements, such as emergency subsistence, prescription medication, respite care, and health and medical support transportation.

SF 76 appropriates funds to increase salaries for substance abuse and mental health providers and increase the Medicaid code reimbursement rate for mental health and substance abuse services to $87 per hour. The bill also contains line items to provide funding for community based housing and residential services, mental health services for infant, children and seniors, and substance abuse services.

 

This bill became effective upon the governor’s signature.

 

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Other Legislation

 

Alaska SB 100 was signed into law by Governor Palin on July 18. This bill will amend numerous sections of the uncodified law of Alaska relating to prevention and treatment of persons with co-occurring substance abuse and mental health disorders. Funding for the provisions in this bill will come from the $18,892,700 mentioned on the first page of this report.

 

This bill amends section 47.37.030 by adding that the Department of Health and Social Services may strengthen and enhance the process for identifying people who have co-occurring mental health and substance abuse disorders, establish a secure enhanced detoxification and treatment center for persons involuntarily detained because they are likely to inflict physical harm on self or others, and develop and implement a substance abuse treatment system using evidence-based best practices or research-based practices. These practices must promote independence, recovery, employment, education, ongoing community-based treatment, housing, and other aspects of harm reduction.

 

The bill also amends section 47.37.040 by adding that the department would be required to, whenever possible, apply evidence-based, research-based, and consensus-based substance abuse and co-occurring substance abuse and mental health disorders treatment practices, remove barriers that prevent the use of  those practices, and collaborate with first responders, hospitals, schools, primary care providers, developmental disability treatment providers, law enforcement, corrections, attorneys, the Alaska Court System, community behavioral treatment providers, Alaska Native organizations, and federally funded programs in implementing programs for co-occurring substance abuse and mental health disorders treatment.   

 

SB 100 also adds a subsection to 47.37.045 that would allow the Department of Health and Social Services to grant a priority to a proposed program or project if such a program or project provides prompt substance abuse treatment for pregnant women by advancing them on a waiting list for treatment and by streamlining paperwork for admission of pregnant women to the program.

 

In addition, the department will be able to grant a priority to a proposed program or project if such program or project:

                                         

• Creates alternatives to incarceration for nonviolent offenders.
• Provides rehabilitation services to prisoners who have substance abuse problems.
• Measures and demonstrates a high rate of harm reduction for participants.
• Is based on scientifically sound principles of prevention and treatment.
• Provides job training or employment opportunities after completion of substance abuse treatment.
• Provides youth treatment.
• Focuses on drug and alcohol abuse prevention.
• Addresses alcohol or substance abuse in targeted populations that have statistically higher incidences of alcohol or substance abuse problems.
• Addresses co-occurring mental health and substance abuse disorders.

This bill became effective immediately upon signing.

 

Arkansas HB 2333 became Act 629 on March 29, effective immediately. This bill will create a 21 member substance abuse task force. The task force will:

 

• Evaluate the current substance abuse prevention service delivery system and its capacity to respond to current and projected prevention needs across the full life spectrum, from the prenatal state and early childhood development through adolescence and until the conclusion of adult life.
• Assess the degree of community awareness across the state of the value of effective evidence-based substance abuse prevention.
• Assess financial resources available to invest in substance abuse prevention programs and to identify all available revenue streams, including underutilized revenue and uncaptured revenue.
• Identify all active substance abuse prevention programs in each county throughout the state and determine the specific areas of the state where prevention programs are inadequate or absent.
• Make recommendations designed to improve and increase sustainable substance abuse prevention services throughout the state, including identifying methods to enhance the development and support of effective community-based programs.

The task force will submit an annual report to the Legislative Council, the Senate and House Interim Committees on Public Health, Welfare and Labor no later than October 1 of each year.

 

Florida HB 1477, now Chapter 200 of the 2007 Session Laws, was signed by Republican Gov. Charlie Crist on June 19. This bill creates the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program within the Department of Children and Family Services.

 

The program will provide funding to counties with which they can plan, implement, or expand initiatives that increase public safety, avert increased spending on criminal justice, and improve the accessibility and effectiveness of treatment services for adults and juveniles who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders, and who are in, or at risk of entering, the criminal or juvenile justice systems.

 

A county may apply for a one-year planning grant or a three-year implementation or expansion grant. The application criteria for a one-year planning grant must include a requirement that the applicant county or counties have a strategic plan to initiate systemic change to identify and treat individuals who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders who are in, or at risk of entering, the criminal or juvenile justice systems. The one-year planning grant must be used to develop effective collaboration efforts among participants in affected governmental agencies. The planning grant must also include strategies to divert individuals from judicial commitment to community-based service programs offered by the Department of Children and Family Services.

 

The application criteria for a 3-year implementation or expansion grant requires information from a county that demonstrates its completion of a well-established collaboration plan that includes public-private partnership models and the application of evidence-based practices. The implementation or expansion grants may support programs and diversion initiatives that include diversion programs, crisis intervention teams, treatment accountability services and reentry services to create or expand mental health and substance abuse services and supports for affected persons.

 

Each county application must include the following information:

 

• An analysis of the current population of the jail and juvenile detention center in the county, which includes:
  • The screening and assessment process that the county uses to identify an adult or juvenile who has a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders.
  • The percentage of each category of persons admitted to the jail and juvenile detention center with a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders.
  • An analysis of observed contributing factors that affect population trends in the county jail and juvenile detention center.
• A description of the strategies the county intends to use to serve one or more clearly defined subsets of the population of the jail and juvenile detention center who have a mental illness or to serve those at risk of arrest and incarceration. The proposed strategies may include identifying the population designated to receive the new interventions, a description of the services and supervision methods to be applied to that population, and the goals and measurable objectives of the new interventions. The interventions a county may use with the target population may include, but are not limited to:
  • Specialized responses by law enforcement agencies.
  • Centralized receiving facilities for individuals exhibiting behavioral difficulties.
  • Post-booking alternatives to incarceration.
  • New court programs, including pretrial services and specialized dockets.
  • Specialized diversion programs.
  • Intensified transition services that are directed to the designated populations while they are in jail or juvenile detention to facilitate their transition to the community.
  • Specialized probation processes.
  • Day-reporting centers.
  • Linkages to community-based, evidence-based treatment programs for adults and juveniles who have mental illness or substance abuse disorders.
  • Community services and programs designed to prevent high-risk populations from becoming involved in the criminal or juvenile justice system.
• The projected effects the proposed initiatives will have on the population and the budget of the jail and juvenile detention center.
• The proposed strategies that the county intends to use to preserve and enhance its community mental health and substance abuse system, which serves as the local behavioral health safety net for low-income and uninsured individuals.
• The proposed strategies that the county intends to use to continue the implemented or expanded programs and initiatives that have resulted from the grant funding.

HB 1477 also creates a Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center at the Louis de la Parte Florida Mental Health Institute at the University of South Florida. The Technical Assistance Center will:

 

• Provide technical assistance to counties in preparing a grant application.
• Assist an applicant county in projecting the effects of the proposed intervention on the population of the county detention facility.
• Assist an applicant county in monitoring the effects of a grant award on the criminal justice system in the county.
• Disseminate and share evidence-based practices and best practices among grantees.
• Act as a clearinghouse for information and resources related to criminal justice, juvenile justice, mental health, and substance abuse.
• Coordinate and organize the process of the state interagency justice, mental health, and substance abuse work group with the outcomes of the local grant projects for state and local policy and budget developments and system planning.

The Technical Assistance Center must submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1 of each year, beginning on January 1, 2009. The report must include:

 

• A detailed description of the progress made by each grantee in meeting the goals described in the application.
• A description of the effects the grant-funded initiatives have had on meeting the needs of adults and juveniles who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders, thereby reducing the number of forensic commitments to state mental health treatment facilities.
• A summary of the effect of the grant program on the growth and expenditures of the jail, juvenile detention center and prison.
• A summary of initiative effects on the availability and accessibility of effective community-based mental health and substance abuse treatment services for adults and juveniles who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders. The summary must describe how the expanded community diversion alternatives have reduced incarceration and commitments to state mental health treatment facilities.
• A summary of how the local matching funds provided by the county or consortium of counties leveraged additional funding to further the goals of the grant program.

This bill took effect on July 1, 2007.

 

Hawaii HB 367, now Act 178, was signed by Republican Gov. Linda Lingle on June 14. This bill establishes and funds a two-year pilot project for screening, brief intervention and referral to substance abuse treatment.

 

The program will be administered by the University of Hawaii, John A. Burns School of Medicine. The university will be required to submit a report to the legislature concerning the status of the pilot program and make findings and recommendations, including proposed legislation and whether to continue the program, not later than 20 days before the convening of the regular sessions of 2008 and 2009.

 

This bill also appropriates $84,000 out of the general revenues of the state for FY 2007-2008. HB 367 became effective on July 1.

 

Idaho HB 106 was signed by Republican Gov. C. L. Butch Otter and became Chapter 69 of the 2007 Session Laws on March 13. The bill became effective immediately

 

This bill establishes the Office of Drug Policy within the Office of the Governor. The Office of Drug Policy will oversee and execute the coordination of all drug and substance abuse programs within the state. The office of drug policy will also:

 

• Cooperate and consult with counties, cities and local law enforcement on programs, policies and issues in combating Idaho’s illegal drug and substance abuse problem.
• Serve as a repository of agreements, contracts and plans concerning programs for combating illegal drug and substance abuse from community organizations and other relevant local, state and federal agencies and shall facilitate the exchange of this information and data with relevant interstate and intrastate entities.
• Provide input and comment on community, tribal and federal plans, agreements and policies relating to illegal drug and substance abuse.
• Coordinate public and private entities to develop, create and promote statewide campaigns to reduce or eliminate substance abuse.

HB 106 will also remove the Interagency Committee on Substance Abuse Prevention and Treatment from the Department of Health and Welfare and place it under the Office of Drug Policy. The interagency will be required to develop and submit through the office, no later than the first of September, any budgeted program enhancements or program expansions, including estimated appropriation needs for the next fiscal year by the Judicial Department, the Department of Correction, the Department of Health and Welfare, the Department of Juvenile Corrections and any other department or agency for expenditures relating to services provided in connection with the statewide substance abuse prevention and treatment delivery system.

 

SB 1143, a bill to revise provisions applicable to development grants for mental health and substance abuse treatment services, became Session Law Chapter 218 on March 27. This legislation was a recommendation of the Interim Committee on Mental Health and Substance Abuse and became effective on July 1.

 

The new law allows the state to provide development grants for mental health and substance abuse treatment services through the state mental health authority, working in coordination as a development grant advisory group with the Department of Corrections, the Department of Juvenile Corrections, the courts and the regional mental health board.

Treatment services covered under the grant will include, but not be limited to, 24-hour emergency psychiatric services, short-term psychiatric beds, crisis intervention teams, transitional housing and detoxification facilities.

 

Proposals for a development grant must be submitted to the state mental health authority no later that August 1 and will be granted no later than October 1. Enactment of this bill will not preclude the regional mental health board from receiving private and other public funding to assist the regional mental health board in providing services.

 

SB 1147 was signed by the governor on March 30 and became Chapter 309 of the 2007 Session Laws. This bill creates a three-year pilot project to establish a new model for providing Idaho school districts with clinically trained substance abuse and mental health specialist counselors and specialist social workers to address critical shortages of practitioners and treatment services for teens in Idaho’s rural areas.

 

The program will use group and individual support and treatment counseling to increase crisis intervention and addiction recovery, address teen suicide, depression, drug and alcohol use, classroom disruption, violence, incarceration and other negative outcomes that may result from leaving youth mental health and substance abuse issues untreated in Idaho’s schools and communities.

 

This bill became effective on July 1.

 

Louisiana HSR 7 was approved by the House of Representatives on June 26. This resolution requires the House Committee on Health and Welfare to hold a public hearing prior to October 1, 2007, to study the growing epidemic of mental illness in Louisiana, specifically the effects of substance abuse on mental illness and the ways in which mentally ill individuals can be better cared for in the state.

 

The committee will receive input, advice, and recommendations from the Department of Health and Hospitals, the Capital Area Human Services District, mental health agencies, community agencies, and any other relevant organizations or individuals at the public hearing. Any findings and recommendations must be reported to the House of Representatives prior to December 1, 2007.

 

Maryland HB 850 was signed by Governor O’Malley and became Chapter Law 82 on April 10. This bill requires the Alcohol and Drug Abuse Administration to conduct an assessment every three years of the needs for prevention, diagnosis and treatment of drug and/or alcohol misuse that identifies the financial and treatment needs of each jurisdiction and of each drug treatment program in the state. The bill will take effect on October 1.