SENATE BILL NO. 421
INTRODUCED BY GRIMES
A BILL FOR AN ACT ENTITLED: "AN ACT CREATING AN OFFICE OF DRUG CONTROL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT; TEMPORARILY AMENDING THE NAME AND MEMBERSHIP OF THE BOARD OF CRIME CONTROL; ELIMINATING THE INTERAGENCY COORDINATING COUNCIL FOR STATE PREVENTION PROGRAMS; AMENDING SECTION 2-15-2006, MCA; REPEALING SECTION 2-15-225, MCA; AND PROVIDING AN EFFECTIVE DATE AND A TERMINATION DATE."
WHEREAS, there is a statewide multifaceted problem of alcohol and drug abuse and a need to expand prevention, intervention, and treatment solutions to the problem; and
WHEREAS, methamphetamine abuse exemplifies the many issues involved, including extreme addiction, the dangers to people created by the production of drugs, such as ingredients and residues, and the broad range of public health issues, ranging from child endangerment and abandonment to infectious diseases, violence, imprisonment, and death; and
WHEREAS, addictions involving alcohol, drugs, and tobacco often overlap for the same person and may interact with mental illness or other forms of dependency; and
WHEREAS, an effective review of many of these problems has been undertaken by Governor Martz's and Attorney General McGrath's Alcohol, Tobacco, and Other Drug Control Policy Task Force resulting in numerous proposals to the 58th Legislature, including a proposal for a drug czar or advisory committee; and
WHEREAS, a planned and coordinated response by federal, state, and local governments, the criminal justice system, the education system, prevention and treatment agencies, and citizen coalitions is essential to effectively address and reduce substance abuse problems in Montana communities; and
WHEREAS, there is an immediate need to coordinate a state-level response to the problems of substance abuse through prevention, treatment, and enforcement programs in order to promote public safety and healthy families and communities in Montana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Purpose. (1) It is the purpose of [sections 1 and 2] to:
(a) improve the coordination of the state's drug control, prevention, and treatment programs;
(b) enhance interagency planning and cooperation;
(c) encourage the sharing of information and resources; and
(d) improve law enforcement responses to substance abuse, while at the same time improving the provision of youth prevention services and the provision of treatment services to individuals and families suffering from substance abuse and dependency;
(E) PROVIDE A LIAISON WITH LOCAL COMMUNITY GROUPS; AND
(F) PROVIDE FOR THE APPLICATION, RECEIPT, AND ADMINISTRATION OF GRANTS.
(2) The first phase of this effort will concentrate on issues and programs operated at the state level in the departments of justice, corrections, and public health and human services and in the office of public instruction.
NEW SECTION. Section 2. Office of drug control and substance abuse prevention and treatment. (1) There is an office of drug control and substance abuse prevention and treatment. The office is allocated to the department of justice for administrative purposes only as prescribed in 2-15-121. However, the office may hire its own personnel, and 2-15-121(2)(d) does not apply. The office is attached to the board of crime control, and the board shall, to the extent resources are available, provide secretarial services to the office.
(2) The governor shall appoint the director of the office of drug control and substance abuse prevention and treatment.
(3) The purpose of the office of drug control and substance abuse prevention and treatment MONTANA BOARD OF PREVENTION is to:
(a)(1) promote an increased cooperation and coordination between the major agencies of state government that have responsibilities for substance abuse enforcement, education, prevention, and treatment programs;
(b)(2) work COORDINATE with the departments of justice, corrections, and public health and human services and the office of public instruction to identify and assess substance abuse enforcement, prevention, and treatment programs to:
(i)(A) provide leadership and advocacy for a balanced and comprehensive approach to address the substance abuse and crime issues of the state;
(ii)(B) assist in the development of a comprehensive drug control plan that includes coordinated prevention, treatment, and law enforcement systems;
(iii)(C) assist agencies to implement uniform standards for establishing measurable program benchmarks and outcomes that are aligned with the strategies in the comprehensive drug control plan;
(iv)(D) explore ways to improve planning, management, coordination, and information and resource sharing;
(v)(E) explore integrated approaches to the administration of programs;
(vi)(F) coordinate standards for delivery of services; and
(vii)(G) examine innovative approaches to the coordination of services.
(4) The office of drug control and substance abuse prevention and treatment shall report progress and any problems encountered on a quarterly basis to the board of crime control and to the governor.
Section 3. Section 2-15-2006, MCA, is amended to read:
"2-15-2006. Board of crime control -- composition -- allocation. (1) There is a board of crime control.
(2) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121. However, the board may hire its own personnel, and 2-15-121(2)(d) does not apply.
(3) The board is composed of 18 23 20 members appointed by the governor in accordance with 2-15-124 or as provided in subsection (4), and any special requirements of Title I of the Omnibus Crime Control and Safe Streets Act, as amended. The board shall be representative of state and local law enforcement and criminal justice agencies, including agencies directly related to the prevention and control of juvenile delinquency, units of general local government, and public agencies maintaining programs to reduce and control crime and shall include representatives of citizens and professional and community organizations, including organizations directly related to delinquency prevention.
(4) The board shall include the director of the office of drug control and substance abuse prevention and treatment, the director of the department of public health and human services, the superintendent of public instruction, and two representatives appointed by the governor that represent professional and community organizations directly related to AND ONE substance abuse prevention and treatment services PROFESSIONAL."
NEW SECTION. Section 4. Repealer. Section 2-15-225, MCA, is repealed.
SECTION 3. SECTION 2-15-225, MCA, IS AMENDED TO READ:
"2-15-225. Interagency coordinating council for state Montana office of drug control and substance abuse prevention and treatment -- board of prevention programs. (1) There is an interagency coordinating council for state Montana office of drug control and substance abuse prevention and treatment. The office is represented by the board of prevention programs consisting of the following members:
(a) the governor provided for in 2-15-103 who shall be the presiding officer;
(a)(b) the attorney general provided for in 2-15-501;
(b) the director of the department of public health and human services provided for in 2-15-2201;
(c) the superintendent of public instruction provided for in 2-15-701; and
(d) the presiding officer of the Montana children's trust fund board;
(e)(d) two persons three community or tribal representatives appointed by the governor who have experiences related to the private or nonprofit provision of drug control and substance abuse prevention and treatment programs and services;
(f) the administrator of the board of crime control provided for in 2-15-2006;
(g) the commissioner of labor and industry provided for in 2-15-1701;
(h) the director of the department of corrections provided for in 2-15-2301;
(i) the state coordinator of Indian affairs provided for in 2-15-217;
(j) the adjutant general of the department of military affairs provided for in 2-15-1202;
(k) the director of the department of transportation provided for in 2-15-2501;
(l) the commissioner of higher education provided for in 2-15-1506; and
(m) the designated representative of a state agency desiring to participate who is accepted as a member by a majority of the current coordinating council members.
(2) Except for the initial appointments, each appointed board member shall serve a 4-year term and may be reappointed for one additional term. The governor shall appoint members to staggered terms with one member appointed to an initial term of 2 years, one member appointed to an initial term of 3 years, one member appointed to an initial term of 4 years. The members shall serve on the board without compensation.
(2)(3) The coordinating council board shall perform the following duties:
(a) develop, through interagency planning efforts, a comprehensive and coordinated prevention program delivery system that will strengthen the healthy development, well-being, and safety of children, families, individuals, and communities;
(b) develop appropriate interagency prevention programs and services that address the problems of at-risk children and families and that can be provided in a flexible manner to meet the needs of those children and families;
(c) study various financing options for prevention programs and services;
(d) ensure that a balanced and comprehensive range of prevention services is available to children and families with specific or multiagency needs;
(a) support a comprehensive and coordinated drug control and substance abuse prevention and treatment system that will strengthen Montana children, families, and communities;
(b) provide leadership and advocacy for a balanced and comprehensive range of drug control and substance abuse prevention and treatment efforts with the public and state, local, and tribal policymakers;
(e)(c) assist in development of cooperative partnerships among state agencies and community-based public and private providers of drug control and substance abuse prevention and treatment programs;
(f) prepare and present to the legislature and to the appropriate standing and interim legislative committees a unified budget for state prevention programs, which must be published in the governor's executive budget; and
(g)(d) develop, maintain, and implement establish goals and benchmarks for state prevention programs to meet the purposes provided in [sections 1 and 2]. As used in this subsection, "benchmark" means a specified reference point in the future that is used to measure the state of affairs at that point in time and to determine progress toward or the attainment of an ultimate goal, which is an outcome reflecting the desired state of affairs.
(3)(4) The coordinating council board shall cooperate with and report to any standing or interim legislative committee that is assigned to study the policies and funding for drug control and substance abuse prevention and treatment programs or other state programs and policies related to children and families, and shall present a biennial report of findings and recommendations to the legislature as provided in 5-11-210.
(4) The coordinating council must be compensated, reimbursed, and otherwise governed by the provisions of 2-15-122.
(5) The coordinating council board is attached for administrative purposes only to the governor's office, which may assist the council board by providing staff and budgetary, administrative, and clerical services that the council board or its presiding officer requests.
(6) Staffing and other resources may be provided to the coordinating council board only from state and nonstate resources donated to the council board and from direct appropriations by each legislature."
NEW SECTION. SECTION 4. NOTIFICATION TO TRIBAL GOVERNMENTS. THE SECRETARY OF STATE SHALL SEND A COPY OF [THIS ACT] TO EACH TRIBAL GOVERNMENT LOCATED ON THE SEVEN MONTANA RESERVATIONS AND TO THE LITTLE SHELL BAND OF CHIPPEWA.
NEW SECTION. Section 5. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 44, chapter 4, part 3 TITLE 2, CHAPTER 15, PART 2, and the provisions of Title 44, chapter 4, part 3 TITLE 2, CHAPTER 15, PART 2, apply to [sections 1 and 2].
NEW SECTION. Section 6. Effective date. [This act] is effective July 1, 2003.
NEW SECTION. Section 7. Termination. [Sections 1 through 3] terminate June 30, 2007.
- END -
Latest Version of SB 421 (SB0421.03)
Processed for the Web on April 10, 2003 (5:00pm)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2003 Legislature | Leg.
Branch Home
All versions of this bill in PDF
Authorized print version w/line numbers (PDF format)
Prepared by Montana Legislative Services
(406) 444-3064