An Act To Allow Community-based Organizations To Participate in Diversion Projects for Persons with Substance Use Disorder
Maine Legislature, Session 129, LD 1466
Committee: Criminal Justice and Public Safety
Sponsors: TALBOT ROSS
Amends: 25 MRSA §5101

Legislative Document
No. 1466
H.P. 1073
House of Representatives, April 2, 2019
An Act To Allow Community-based Organizations To Participate in 
Diversion Projects for Persons with Substance Use Disorder
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative TALBOT ROSS of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §5101, sub-§1, as amended by PL 2017, c. 407, Pt. A, §104, is 
further amended to read:
1.  Substance Use Disorder Assistance Program.  The Substance Use Disorder 
Assistance Program, referred to in this chapter as "the program," is established to support 
persons with presumed substance use disorder by providing grants to municipalities and, 
counties and community-based organizations to carry out projects designed to reduce 
substance use, substance use-related crimes and recidivism.  As used in this chapter, 
"community-based organization" means a nonprofit community organization that 
provides substance use disorder services to individuals, including, without limitation, 
substance use assessment, treatment, education and support group service.
Sec. 2.  25 MRSA §5101, sub-§2, ¶A, as amended by PL 2017, c. 407, Pt. A, 
§104, is further amended to read:
A.  Municipal or county governments or, regional jails or community-based 
organizations for projects designed to assist persons with presumed substance use 
disorder by diverting alleged low-level offenders into community-based treatment 
and support services.  Projects may include, but are not limited to:
(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
Sec. 3.  25 MRSA §5101, sub-§3, ¶C, as enacted by PL 2015, c. 481, Pt. E, §1, is 
amended to read:
C.  For diversion projects, a statement of the municipality's or, county's or 
community-based organization's diversion policy, including criteria for selecting 
participants for the project;
Sec. 4.  25 MRSA §5101, sub-§3, ¶D, as amended by PL 2017, c. 407, Pt. A, 
§104, is further amended to read:
D.  A review of other substance use disorder services available from a 
community-based organization or 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;
Sec. 5.  25 MRSA §5101, sub-§§4 and 5, as enacted by PL 2015, c. 481, Pt. E, 
§1, are amended to read:
4.  Selection of grant recipients; steering committee.  The Commissioner of Public 
Safety shall review applications submitted by municipalities and, counties and 
community-based organizations 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 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 and 
community-based organizations selected under subsection 4.  The department may retain 
up to 5% of funds to cover administrative expenses.
SUMMARY
This bill amends the Substance Use Disorder Assistance Program, which is a program 
that provides grants to municipalities, counties and regional jails to carry out projects 
designed to reduce substance use, substance use-related crimes and recidivism, to include 
community-based organizations as entities eligible for grants under the program.  
"Community-based organization" is defined as a nonprofit community organization that 
provides substance use disorder services to individuals, including, without limitation, 
substance use assessment, treatment, education or support group service.