CHAPTER 443

FORMERLY

HOUSE BILL NO. 588

AN ACT TO AMEND TITLE 16, CHAPTER 48A AND TITLE 11, CHAPTER 65 TO PROVIDE FOR BETTER COORDINATION AND UTILIZATION OF SUBSTANCE ABUSE TREATMENT, EDUCATION, AND REHABILITATION RESOURCES PROVIDED THROUGH CRIMINAL SURCHARGES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 16, Chapter 48A by deleting the title thereof and inserting in lieu thereof the following title:

"CHAPTER 48A. SUBSTANCE ABUSE REHABILITATION, TREATMENT, EDUCATION AND PREVENTION FUND."

Section 2. Amend §4801A of Title 16, Chapter 48A by deleting the word "drug" wherever it appears therein and substituting in lieu thereof the words "substance abuse".

Section 3.- Amend §4801A of Title 16, Chapter 48A by inserting the words "coordination, prevention" between the words "treatment" and "and" therein.

Section 4. Amend §4802A of Title 16, Chapter 48A by inserting the words "or §4177 of Title 21" between the words "title" and the "," at line three thereof.

Section 5. Amend §§4802A(b) and 4803A(a) of Title 16, Chapter 48A by

deleting the words "Drug Rehabilitation, Treatment and Education Fund." and substituting in lieu thereof the words "Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund."

Section 6. Amend §4803A(b) of Title 16, Chapter 48A by deleting such

subsection in its entirety and substituting in lieu thereof the following subsection:

(b) The funds raised by this Chapter shall be used only for the provision of and coordination of substance abuse rehabilitation treatment, education and/or prevention services and shall be administered by the permanent treatment access committee of SENTAC; provided that any expenditures therefrom must be approved by the Delaware State Clearinghouse Committee.

Section 7. Amend Chapter 65, Subchapter X of Title 11 to create a new section thereof which shall read as follows:

"§6582. TREATMENT ACCESS COMMITTEE ESTABLISHED.

(2) There is established a permanent committee of the Sentencing
Accountability Commission which shall be known as the Treatment Access Committee.

(1) The Treatment Access Committee shall be comprised of seven voting members which shall include:

(2) The Chairman of SENTAC, ex officio, who shall serve as Chairman of the Committee;

(3) The Secretary of Health and Social Services, ex officio;

(4) The Secretary of the Department of Youth Services, ex officio;

(5) The Commissioner of Corrections, ex officio;

(6) The Chairman of the Board of Parole, ex officio;

(7) Two additional members, one of whom shall represent the President of the Senate and one of whom shall represent the Speaker of the House; and (7) Such other non—voting members as will assist the Committee in performing its functions as are appointed by the Chairman of SENTAC.

(1) The Treatment Access Committee shall supervise the establishment of a Treatment Access Center for substance abusing offenders. The Treatment
Access Center shall be designed in a manner to coordinate the provision of substance abuse evaluation and treatment by public and private providers to criminal defendants and youths adjudicated delinquent or pending such adjudication. The Committee shall have the power through its Chairman to make and enter into any and all contracts, agreements or stipulations; and to seek, accept and receive funds, grants or donations necessary to fulfill the purposes of this section.

(1) The Treatment Access Committee shall supervise the expenditure of
funds from the Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund. It shall make grants to the Treatment Access Center, and to other state and local public entities or agencies for substance abuse treatment, rehabilitation, education or prevention activities, subject to the provisions of 16 Del. C §4803A(b).

(16) The Treatment Access Committee shall report annually to SENTAC and the General Assembly on its activities and the status of substance abuse problems in Delaware."

Section 8. This Act shall take effect upon its signature by the Governor. All funds then in the "Drug Rehabilitation, Treatment and Education Fund" shall be paid over to the "Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund" created hereunder as soon as practical.

Approved July 22, 1992.