SB 1170 - This act requires participation in, and completion of, a community-based substance abuse treatment program, by those who are found guilty of drug regulations or offenses relating to the possession and use of drugs and alcohol. This act requires people convicted of nonviolent offenses who are diagnosed with a serious mental illness that appears to have been a contributing factor to the crime to undergo community based treatment as well. The act states the procedure to be used for the assessments and services provided to such defendants.

This act does not apply to convicted felons, persistent offenders, defendants who failed two prior courses of substance abuse treatment and remain unamenable to such treatment, and defendants who refuse treatment.

This act allows the court to increase the requirements of community based treatment if the defendant violates his/her probation.

This act allows any inmate to be considered for early release under parole in order to participate in a community based treatment program, if he or she is within one year of projected release by parole, has served a minimum of 120 days of his or her sentence, and is serving a sentence for a drug or alcohol related offense or a nonviolent offense and is diagnosed with a serious mental illness that appears to be a contributing factor to the crime. The act states the procedure to be used for the assessments and services provided to offenders/parolees.

This act does not apply to inmates who refuse treatment, failed in prior courses of substance abuse treatment while on parole and remain unamenable to such treatment, or are serving terms or have past convictions for dangerous felonies.

This act creates the "Rehabilitation Fund", which requires each offender under supervision of the parole board to pay a monthly rehabilitation fee of $25 or $300 annually. The fees may be waived temporarily or on a permanent basis for offenders who would suffer financial hardship for the following reasons:

(1) Temporary or permanent employment disability;

(2) Temporary unemployment for bonafide and authorized reasons;

(3) Approved full time enrollment in school or vocational training;

(4) Detention in a jail or other correctional facility for thirty days or longer;

(5) Indigence due to hospitalization, nursing home residence, hospice residence, or placement in other liberty restricting environments in which no income earning ability exists.

Money deposited into the fund is appropriated for funding the rehabilitation services required under this act. The Department of Mental may enter into agreements with other governmental or non-governmental entities for the collection of the fees. There shall be an annual report prepared regarding money in the fund.

The Department of Corrections and the Department of Mental Health make the rules and regulations necessary to implement and administer this act.
SUSAN HENDERSON