Resolve, To Establish a Pilot Program in Penobscot County for Assessment and Treatment of Individuals Arrested for Unlawful Possession of Drugs
Maine Legislature, Session 125, LD 1701
Committee: Criminal Justice and Public Safety
Sponsors: STEVENS, FARNHAM, BLODGETT, CUSHING, DAMON, GOODE, HASKELL, GERZOFSKY, MASON, PLOWMAN

Legislative Document 
No. 1701 
H.P. 1253 
House of Representatives, December 23, 2011 
Resolve, To Establish a Pilot Program in Penobscot County for 
Assessment and Treatment of Individuals Arrested for Unlawful 
Possession of Drugs 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2011.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STEVENS of Bangor. 
Cosponsored by Senator FARNHAM of Penobscot and 
Representatives: BLODGETT of Augusta, CUSHING of Hampden, DAMON of Bangor, 
GOODE of Bangor, HASKELL of Portland, Senators: GERZOFSKY of Cumberland, 
MASON of Androscoggin, PLOWMAN of Penobscot. 
Sec. 1.  Substance abuse and dependence assessment; pilot program. 
Resolved: That the Judicial Department and the Department of Corrections shall by July 
20, 2012 jointly establish a one-year pilot program in Penobscot County in which an 
individual who is arrested for unlawful possession of drugs, including scheduled drugs, 
synthetic hallucinogenic drugs and prescription drugs not prescribed for the individual, 
must be assessed for substance abuse and dependence.  The departments may contract 
with an independent entity for the performance of any portions of the pilot program.  The 
pilot program must contain the following components. 
1.  Probation.  The Department of Corrections shall provide for the centralization of 
the substance abuse assessment and monitoring process within the probation system for 
individuals arrested for unlawful possession of drugs in Penobscot County.  The pilot 
program must provide a central point for the identification of individuals for whom an 
assessment is required and serve as a liaison between the court and the agency providing 
assessment services. 
2.  Identification of substance abuse and dependence factors.  The pilot program 
must provide for the assessment for substance abuse and dependence of all individuals 
arrested in Penobscot County for unlawful possession of drugs.  This assessment should 
be a condition of bail with the cost of assessment to be paid by the defendant. 
A.  The assessment must be completed within 90 days after arrest.  A copy of the full 
assessment and a summary must be provided to the court. 
B.  The assessment must use standard screening and assessment tools and describe 
the medical history and diagnosis of the individual and a prognosis for the individual 
both with treatment and in the absence of treatment. 
C.  The assessment must consist of at least 4 assessment sessions and must include at 
least 4 urine screenings to detect continued drug use. 
D.  The assessment must include recommendations for substance abuse and 
dependence treatment and rehabilitation as necessary.  Recommendations may 
include abstinence, counseling, detoxification and other medical services and 
residential rehabilitation. 
E.  The assessment must provide additional findings that identify the individual's 
strengths and needs, the existing and available supports for the individual and factors 
indicating the risk of subsequent substance abuse.  The assessment must also include 
a plan to ensure the individual's compliance with terms of sentencing or probation for 
the purpose of promoting sobriety and making the transition to a healthier and more 
productive life. 
3.  Referral and treatment.  The pilot program must include a mechanism for 
providing referrals to and monitoring of recommended treatment and services. 
4.  Data collection; evaluation.  The pilot program must include the collection and 
analysis of data regarding the assessment of and outcomes for individuals under the pilot 
program.  The Department of Corrections shall provide a report to the joint standing 
committee of the Legislature having jurisdiction over criminal justice and public safety 
matters by October 1, 2013 evaluating the pilot program and identifying at a minimum 
the potential of a substance abuse assessment and monitoring program to improve 
outcomes for individuals arrested for unlawful possession of drugs, to reduce recidivism 
and to reduce costs for the judicial and correctional systems. 
SUMMARY 
This resolve requires the establishment by the Judicial Department and the 
Department of Corrections of a one-year pilot program in Penobscot County for the 
identification, assessment, treatment and monitoring of individuals arrested for unlawful 
possession of drugs for the purpose of improving outcomes for individuals arrested for 
unlawful possession of drugs, reducing recidivism and reducing costs for the judicial and 
correctional systems.