An Act To Establish the Law Enforcement Assisted Diversion Program in Maine
Maine Legislature, Session 127, LD 1488
Committee Amendment CA_A_H611 (House)

COMMITTEE AMENDMENT "A" to H.P. 1011, L.D. 1488, Bill, "An Act To 
Establish the Law Enforcement Assisted Diversion Program in Maine" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Support Substance Abuse Assistance Projects Provided by 
Municipalities and Counties' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 25 MRSA Pt. 13 is enacted to read: 
PART 13 
SUBSTANCE ABUSE ASSISTANCE 
CHAPTER601 
SUBSTANCE ABUSE ASSISTANCE PROGRAM 
§5101. Substance Abuse Assistance Program 
1. 
Substance Abuse Assistance Program. 
The Substance Abuse Assistance 
Program, referred to in this chapter as "the program," is established to support persons 
with presumed substance use disorders by providing grants to municipalities and counties 
to carry out projects designed to reduce substance abuse, substance abuse-related crimes 
and recidivism. 
2. Eligibility; program targets; projects. Grants may be awarded to: 
A. Municipal or county governments or regional jails for projects designed to assist 
persons with presumed substance use disorders by diverting alleged low-level 
offenders into community-based treatment and support services. 
Projects may 
include, but are not limited to: 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"4"toH.P. 1011,LD.1488 
(1) 
Referral of program participants to evidence-based treatment programs, 
including medically assisted treatment; and 
(2) Provision of case management services to program participants in order to 
secure appropriate treatment and support services such as housing, health care, 
job training and mental health services for program participants; and 
B. 
County governments or regional jails for projects in county or regional jails 
designed to assist persons with presumed substance use disorders. 
Projects may 
include, but are not limited to: 
(I) 
Provision of evidence-based treatment programs, including medically 
assisted treatment, to jail inmates; and 
(2) 
Provision of case management or other support services to program 
participants to assist in transition from jail upon release. 
3. Requirements. A grant application for a project described in subsection 2 must 
include the following: 
A. A statement of purpose and measurable goals for the project and use for the 
funds; 
B. The elements of the project, which must include the targeted population, the 
nature of services or assistance to be provided and expected outcomes; 
C. For diversion projects, a statement of the municipality's or county's diversion 
policy. including criteria for selecting participants for the project; 
D. A review of other substance abuse services available in the applicant municipality 
or county and communities adjacent to the applicant municipality or county and a 
statement of the unmet needs to be addressed by the project; 
E. A review of efforts to collaborate among relevant law enforcement agencies, 
treatment providers, harm reduction services, recovery support services and other 
community resources and a summary of collaborative approaches included in the 
project, if any; and 
F. A summary of data to be collected to assess the effectiveness of the project and 
the methodology that will be used to make that assessment. The data to be collected 
must include measurements of the long-term health, treatment and criminal justice 
involvement outcomes for participants and must be included in reports filed under 
subsection 6 as part of a rigorous evaluation process. 
4. Selection of grant recipients; steering committee. The Commissioner of Public 
Safety shall review applications submitted by municipalities and counties for grants under 
this chapter. Preference must be given to collaborative approaches that include treatment 
providers or community-based organizations. The following steering committee shall 
advise the Commissioner of Public Safety in selecting grant recipients. The steering 
committee consists of the Commissioner of Corrections or the commissioner's designee 
and representatives of the following organizations, programs and associations selected by 
the Commissioner of Public Safety from suggestions provided by the organizations, 
programs and associations: 
a statewide organization of police chiefs; a statewide 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1011, L.D. 1488 
organization of sheriffs; a statewide organization representing physicians; a statewide 
organization representing prosecutors; a statewide organization representing providers of 
legal services for the indigent; peer recovery programs; and harm reduction associations. 
5. Administration of funds. The policy board established in this State to carry out 
the State's responsibilities under the federal Justice Assistance Act of 1984, the federal 
Anti-Drug Abuse Act of 1986, the federal Anti-Drug Abuse Act of 1988 and the federal 
Violent Crime Control and Law Enforcement Act of 1994, known as "the Justice 
Assistance Council," shall administer grant funds appropriated for use under this chapter 
and disburse the funds to municipalities, counties and regional jails selected under 
subsection 4. The department may retain up to 5% of funds to cover administrative 
expenses. 
6. 
Reports. 
A recipient of a grant under subsection 4 shall report to the 
Commissioner of Public Safety annually on the anniversary date of the grant award 
regarding the status of the project for which the grant was awarded. The report must 
include a description of how the grant funds were spent, the results of the project and any 
recommendations for modification of the project. including any available information 
concerning the project's effectiveness in reducing substance abuse and recidivism. 
Sec. 2. Reports to committees. The Commissioner of Public Safety shall report 
to the joint standing committee of the Legislature having jurisdiction over criminal justice 
matters and the joint standing committee of the Legislature having jurisdiction over 
judiciary matters by January 15, 2017 regarding the recipients and the amounts of the 
grants awarded under the Substance Abuse Assistance Program established in the Maine 
Revised Statutes, Title 25, chapter 601. The Commissioner of Public Safety shall provide 
a report summarizing the results of the grant program and providing recommendations as 
to the program's continuation or modification and any need for additional funding by 
January 15, 2018 and January 15, 2019 to the joint standing committee of the Legislature 
having jurisdiction over criminal justice and public safety matters and the joint standing 
committee of the Legislature having jurisdiction over judiciary matters. 
Sec. 3. Pilot projects. The Commissioner of Public Safety shall implement the 
Substance Abuse Assistance Program established in the Maine Revised Statutes, Title 25, 
section 5101 by selecting, with the advice of the steering committee described in Title 25, 
section 5101, subsection 4, at least 8 pilot projects in communities around the State, at 
least 2 projects of which are administered by municipalities and at least 2 projects of 
which are administered by county or regional jails. 
Sec. 4. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Administration - Public Safety 0088 
Initiative: Provides funds for the Substance Abuse Assistance Program. 
COMMITTEE AMENDMENT 
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COMMITTEE AM.ENDMENT "I)" to H.P. 1011, L.D. 1488 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Administration - Public Safety 0088 
2015-16 
$0 
$0 
2016-17 
$1,922,832 
$1,922,832 
Initiative: Provides funding for one Contract Grant Specialist pos1t10n and related 
administrative costs to administer and oversee the Substance Abuse Assistance Program. 
This funding comes from the 5% allowed for administrative costs as specified in the 
Maine Revised Statutes, Title 25, section 5101, subsection 5. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOT AL - ALL FUNDS 
SUMMARY 
This amendment replaces the bill. 
2015-16 
2016-17 
0.000 
1.000 
$0 
$73,898 
$0 
$3,270 
$0 
$77,168 
2015-16 
2016-17 
$0 
$2,000,000 
$0 
$2,000,000 
The amendment establishes the Substance Abuse Assistance Program to provide 
grants to municipalities and counties to carry out projects designed to reduce substance 
abuse, substance abuse-related crimes and recidivism. 
The Commissioner of Public Safety, in consultation with a steering committee, will 
select at least 8 pilot projects to receive grants. At least 2 projects must be awarded to 
municipalities and at least 2 projects must be awarded to counties. 
The steering 
committee that will advise in the selection of the pilot projects consists of the 
Commissioner of Corrections or the commissioner's designee and representatives of the 
following: a statewide organization of police chiefs; a statewide organization of sheriffs; 
a statewide organization representing physicians; a statewide organization representing 
prosecutors; a statewide organization representing providers of legal services to the 
indigent; peer recovery programs; and harm reduction associations. The Maine Justice 
7 
Assistance Council will administer the grants. 
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The recipients of the grants must report the continuation or modification of the grant 
program and any need for additional funding to the Commissioner of Public Safety 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT ·A "to H.P. l O 11, l..D. 1488 
annually, and the commissioner must report in January 2018 and 2019 to the joint 
standing committee of the Legislature having jurisdiction over criminal justice matters 
and the joint standing committee of the Legislature having jurisdiction over judiciary 
matters. 
The amendment includes a total appropriation of $2,000,000 as included in the bill 
and uses $77, 168 of the total to pay for a position to administer the grants. That amount 
is part of the 5% that the Department of Public Safety may use for administering the 
grants. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 03/23/16 _.,.ae 
LD 1488 
LR2385(02) 
An Act To Establish the Law Enforcement Assisted Diversion Program in Maine 
Fiscal Note for Bill as Amended by Committee Amendment ·~· ( H- b) /\ 
Committee: Judiciary 
') 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2015-16 
FY 2016-17 
$0 
$2,000,000 
$0 
$2,000,000 
Projections 
FY2017-18 
$2,000,000 
$2,000,000 
Projections 
FY 2018-19 
$2,000,000 
$2,000,000 '~ , 
The bill includes a General Fund appropriation of $2,000,000 in fiscal year 2016-17 to the Department of Public 
Safety for one Contract Grant Specialist position and administrative costs to administer and oversee the Program and 
to provide grants to municipalities and counties. 
LR2385(02) - Fiscal Note - Page 1 of 1