An Act to Provide a Pathway to Sobriety for Formerly or Currently Incarcerated Individuals
Maine Legislature, Session 131, LD 1583
Committee: Criminal Justice and Public Safety
Sponsors: WHITE, BRAKEY, ARDELL, BOYER, GREENWOOD, HYMES, PERKINS, GUERIN
Amends: 5 MRSA §20056, 34-A MRSA §3052

Legislative Document
No. 1583
H.P. 1028
House of Representatives, April 11, 2023
An Act to Provide a Pathway to Sobriety for Formerly or Currently 
Incarcerated Individuals
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative WHITE of Guilford.
Cosponsored by Senator BRAKEY of Androscoggin and
Representatives: ARDELL of Monticello, BOYER of Poland, GREENWOOD of Wales, 
HYMES of Waldo, PERKINS of Dover-Foxcroft, Senator: GUERIN of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §20056 is enacted to read:
§20056.  Services for individuals released from Department of Corrections custody
1.  Services for formerly incarcerated individuals.  The department shall coordinate 
with the Commissioner of Corrections to provide treatment and placement in certified 
recovery residences as described in section 20057 to those individuals who received 
comprehensive substance use disorder treatment services under Title 34-A, section 3052 
and have been identified as no longer requiring medication-assisted treatment or alternative 
treatment as described in Title 34-A, section 3052, subsection 1-B.  The department shall 
provide individuals served under this section with weekly screening for a period of 3 years 
beginning from the date the individual is identified as no longer using medication-assisted 
treatment.  Screening must show no evidence of a dependency-related drug or medication-
assisted treatment.  
2.  Costs.  Recovery residence placement for individuals released from Department of 
Corrections custody must be provided at a cost that is no greater than the cost of providing 
a hotel room in the area to an individual.
Sec. 2.  34-A MRSA §3052, sub-§1, as enacted by PL 2021, c. 706, §1 and 
reallocated by RR 2021, c. 2, Pt. A, §120, is amended to read:
1.  Screening, assessment and treatment.  The program must include screening, 
assessment and treatment, including, but not limited to, screening during the intake process, 
medically managed withdrawal, medication-assisted treatment, alternative treatment as 
described in subsection 1-A, individual and group counseling and other behavioral 
treatment options.  Medication-assisted treatment must use medications approved or 
authorized by the United States Food and Drug Administration for the treatment of 
substance use disorder, including alcohol use disorder, including at least one of each 
formulation of all United States Food and Drug Administration-approved medication-
assisted treatments for those disorders.
Sec. 3.  34-A MRSA §3052, sub-§1-A is enacted to read:
1-A.  Alternative treatment.  A correctional facility must offer an alternative 
treatment to a person with substance use disorder, including alcohol use disorder, residing 
in a correctional facility and provide the treatment if it is requested.  For the purposes of 
this section, "alternative treatment" means treatment using plant-based therapies, including, 
but not limited to, cannabis products as defined in Title 28-B, section 102, subsection 33 
or Title 22, section 2422, subsection 4-I or traditional herbal medications.  Alternative 
treatment options must be legal in this State but do not need to be recognized by the United 
States Food and Drug Administration as approved treatment for substance use disorder.
Sec. 4.  34-A MRSA §3052, sub-§1-B is enacted to read:
1-B.  Program standards.  The program must include standards that result in at least 
30% of individuals in the program no longer requiring medication-assisted treatment or 
alternative treatment as determined by correctional facility medical staff after participating 
in the program for a period of up to 6 months.  Those individuals who are identified as no 
longer requiring medication-assisted treatment or alternative treatment may still participate 
in other program activities, including, but not limited to, individual or group counseling, 
other behavioral treatment options and other activities related to recovery.  The program 
must demonstrate that those individuals are identified as no longer requiring medication-
assisted treatment or alternative treatment after one year and 2 years following the 
discontinuation of medication-assisted treatment or alternative treatment.  The program 
must ensure that those individuals who are identified as no longer requiring medication-
assisted treatment or alternative treatment undertake weekly screening that demonstrates 
no evidence of substance use, medication-assisted treatment or alternative treatment.  The 
30% of individuals in the program who are identified as no longer requiring medication-
assisted treatment or alternative treatment may include individuals who reside in 
correctional facilities or individuals who have been released but continue to receive 
services after release as established in subsection 3 and Title 5, section 20056.
Sec. 5.  34-A MRSA §3052, sub-§1-C is enacted to read:
1-C.  Program renewal; cancellation.  Failure to meet the 30% program standards 
required under subsection 1-B results in a cancellation of the contract for the program.  The 
department shall contract with another organization for a comprehensive substance use 
disorder treatment program within 6 months of the failure or at the end of the contracted 
period if less than 6 months.
SUMMARY
This bill makes changes to the comprehensive substance use disorder treatment 
program maintained by the Commissioner of Corrections for individuals residing in 
correctional facilities and for individuals released from Department of Corrections custody.
1. It requires correctional facilities to offer alternative treatment that is plant-based, 
including traditional herbal medications or cannabis products, to residents receiving 
treatment for substance use disorder. If requested, the alternative treatment must be 
provided.  Such treatments must be legal in this State but do not need to be approved by 
the United States Food and Drug Administration.
2. It requires the program to adopt a standard that requires 30% of participants in the 
program to no longer require medication-assisted treatment or alternative treatment after 6 
months.  The program must continue to show that participants no longer require such 
medications or alternative treatment after one year and 2 years.  The 30% may include 
individuals who continue to reside in correctional facilities or have been released and are 
receiving services in the community.
3. If the contracted organization providing services to the correctional facilities does 
not maintain the standard of 30% of participants no longer requiring medical or alternative 
treatment, the contract must be cancelled and the Department of Corrections must seek a 
new provider.
4. It requires those individuals identified as no longer requiring medical or alternative 
treatment to undertake weekly screening for 3 years.  
5. It requires the Department of Health and Human Services to provide recovery 
residence placements to individuals who were receiving services in correctional facilities 
and have been identified as no longer requiring medication-assisted treatment or alternative 
treatment.  The cost of each placement must be no more than the cost of providing a hotel 
room in the area to the individual.