2002-21 RE: Missouri Campaign for New Drug Policies
| Submitted by: |
Missouri Campaign for New Drug Policies
1832 Lisa Drive
Jefferson City, Missouri 65101 |
Contact Sid Dulle, Treasurer at (573) 634-9086 for further information.
Petition sample form approved for circulation on January 28, 2002.
Amended official ballot title certified by Secretary of State on March 14, 2002.
FULL TEXT OF PROPOSITION AS SUBMITTED BY PETITIONER
Be it enacted by the people of the State of Missouri:
Missouri Addiction Treatment Initiative
Section 1. Purpose and Intent
The people of the State of Missouri hereby declare their purpose and intent in enacting the measure to be as follows:
1. To reduce drug and tobacco addiction by offering treatment to both drug users and smokers to help them quit.
2. To break the cycle of drug use, addiction and crime as early as possible by guaranteeing the opportunity for treatment and rehabilitation services to non-violent drug users entering the criminal justice system.
3. To halt the wasteful expenditure of millions of dollars each year on the incarceration and reincarceration of non-violent drug users who would be better served by more cost-effective treatment and rehabilitation, and to promote medical and public health responses to drug abuse that reject incarceration for non-violent defendants charged with drug possession.
4. To provide substance abuse treatment and rehabilitation programs to non-violent defendants charged with drug possession, in order to reduce or eliminate substance abuse and addiction and increase the employability of such persons.
5. To enhance public safety by reducing drug-use-related crime and by preserving jail and prison cells for serious and violent offenders, and to improve public health by reducing drug abuse and dependence through professionally supervised drug treatment programs.
6. To rest responsibility for the treatment and supervision of non-violent defendants charged with drug possession with qualified treatment professionals and to ensure that drug testing is used as a treatment tool, with relapse understood to be often a part of the process of recovery signaling the need for a response or increase in the level of care, and not discontinuation of treatment.
7. To maintain existing efforts in Missouri to prevent drug use and to provide treatment and rehabilitation to substance users and abusers, whether or not they are involved in the criminal justice system, without reducing funding for such efforts in order to pay for treatment and rehabilitation programs made necessary by this measure.
8. To reduce tobacco addiction in Missouri which causes thousands of deaths in the state every year.
9. To save taxpayers millions of dollars in healthcare expenses to treat smoking-related illnesses caused by tobacco addiction.
10. To provide treatment programs to help people stop smoking and end their addiction to tobacco.
Section 2. Title XIII of the Missouri Revised Statutes is amended by adding Chapter 223 to read as follows:
Chapter 223
§ 223.010 Definitions
As used in this chapter:
1. "Illegal possession of a controlled substance" means a violation of section 195.202 or 195.285 RSMo, involving the possession or control of a quantity of a controlled substance or substances consistent with personal use, as determined by the court; or a violation of section 195.233 RSMo if the illegal drug paraphernalia in question was possessed with the intent to introduce a controlled substance into the human body. For the purposes of this definition, a controlled substance is any plant, drug, medicine or other psychotropic substance as defined in sections 195.005 to 195.425 RSMo.
2. "Treatment program" or "treatment" mean an appropriately licensed and/or certified treatment and/or rehabilitation program or set of programs, designed to reduce or eliminate substance abuse or drug dependency and to increase employability. Such program or programs may include outpatient treatment, half-way house treatment, sober living environments, narcotic replacement therapy, drug education or prevention courses, and/or limited inpatient or residential drug treatment as needed to address special detoxification or relapse situations or severe dependence. Such program or programs shall also include, as deemed appropriate, access to vocational training, literacy training, family counseling, mental health services or similar support services. A United States Veterans Administration treatment facility may also serve as a treatment program for an appropriate offender, irrespective of state licensure or certification. The terms "treatment program" or "treatment" shall not include programs offered in a prison or jail facility or within other forms of incarceration.
3. "Treatment provider" means an appropriately licensed and/or certified provider, facility or licensed and credentialed professional recognized by the Missouri Division of Alcohol and Drug Abuse, or its successor agency, that provides a "treatment program."
4. "Qualified treatment professional" means an individual who is appropriately credentialed by certification or license and who has specialized knowledge, skill, experience, training or education in the areas of mental health, substance abuse or addiction therapy and who has the expertise needed to conduct the addiction and life skills assessments necessary to determine an offender's suitability to one or more forms of treatment and to recommend an appropriate treatment plan and/or to serve as an independent monitor of an offender's treatment plan.
5. "Request for treatment" or "request" means a motion filed by an individual facing charges of illegal possession of a controlled substance or who has been convicted of such an offense, prior to or at the time of sentencing. The request shall include a waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment or arraignment has already occurred.
6. "Preliminary confidentiality waiver" shall mean a defendant's written consent for limited disclosure of information to the court by a qualified treatment professional to be designated by the court, as necessary to and as provided for in section 223.020.5 of this chapter for the assessment of the individual and the creation of a treatment plan for the individual. Such written consent shall be non-revocable, and shall be governed by, and in a form that meets the requirements of, federal and state laws and regulations protecting the confidentiality of drug and alcohol abuse treatment information.
7. "Violent felony" means any felony that includes as one or more elements of the offense proof that the offender has caused or threatened to cause any injury, illness or other physiological impairment to any person, including all felonies defined as a "dangerous felony" at section 556.061(8) RSMo.
8. "Repeat offender" means a person who is charged with or convicted of an offense of illegal possession of a controlled substance and, within the previous five years:
(a) Has had two (2) or more prior convictions for illegal possession of a controlled substance after the enactment of this section; or,
(b) Has participated in two (2) or more prior courses of treatment under this section.
9. "First- or second-time offender" means a person who is charged with or convicted of an offense of illegal possession of a controlled substance and is not a repeat offender; or a person who, at the effective date of this section, is out of custody and on probation for an illegal possession of a controlled substance offense, and commits a drug-related violation of the terms of probation.
10. "Unamenable to treatment" means that an offender:
(a) Has repeatedly committed serious violations of treatment program rules that inhibit the offender's ability to function in the treatment program,
(b) Has continually refused to participate in the treatment program, or
(c) Has asked to be removed from the treatment plan adopted by the court.
11. "Objective data" means confidential drug and alcohol treatment information that is specific and quantified, such as attendance records, drug test results and progress reports, and does not include confidential communications made by a patient to a treatment provider or program in the course of diagnosis, treatment or referral for treatment for drug or alcohol abuse.
12. "Board" means the Missouri Board of Probation and Parole.
§ 223.020 Treatment Motion, Hearing and Assessment
1. If an offender is charged with or convicted of illegal possession of a controlled substance, the offender may file a request for treatment.
2. Upon receipt of a request for treatment, the court shall stay all criminal proceedings related to the illegal possession of a controlled substance charge pending its final determination as to whether the offender is eligible under this section for treatment. The court may make its initial determination as to whether the offender is eligible for treatment with or without a hearing. If the offender is in custody, this initial determination shall be made within three days of receipt of the request for treatment.
3. If the court makes an initial determination that an offender is not eligible for treatment without conducting a hearing, the offender may, within three days, request a hearing before that determination becomes final. If the offender requests a hearing on the initial determination and the offender is in custody, the court shall conduct a hearing within seven days to determine whether the offender is eligible under this section for treatment, and the court shall enter its final determination as to whether the offender is eligible for treatment within three days of the hearing.
4. If the court finds under paragraph 2 or 3 of this section that the offender is eligible for treatment, the court shall demand from the offender a written commitment to proceed with an assessment by a qualified treatment professional, along with a preliminary confidentiality waiver executed by the offender.
(a) If the offender provides the documents demanded by the court, the court shall stay all criminal proceedings, including sentencing, related to the charge of illegal possession of a controlled substance. The court shall also order the release of the offender if the offender is in custody due to the stayed criminal proceedings, provided, however, that the court may order release of the offender into a residential treatment facility, for a period not to exceed seven days, for the purpose of conducting the assessment of the offender. No offender found to be eligible for treatment and entitled to such release shall be sentenced to a term of incarceration unless and until the offender is removed from treatment pursuant to § 223.080 of this chapter.
(b) If the offender fails to provide the documents demanded by the court within a reasonable time, the offender's request for treatment may be deemed withdrawn, and the criminal proceedings against the offender may resume. An offender declared eligible for treatment but who thus withdraws a request for treatment may be sentenced, upon conviction, to up to one hundred and twenty (120) days of incarceration.
5. The court shall order an assessment of each offender found to be eligible for treatment under this section by a qualified treatment professional for the purposes of determining the offender's addiction severity and treatment needs, determining the types of drug treatment and social services that might be appropriate for the offender, and recommending an appropriate treatment plan. The assessment shall be completed within seven (7) days of the court's determination that the individual is eligible for treatment under this section, unless the qualified treatment professional notifies the court that additional time is required.
6. If the court finds that an offender is not eligible for treatment under this section, the criminal proceedings against the offender may proceed as if the offender's request for treatment had not been made.
§ 223.030 Eligibility for Treatment
1. Notwithstanding any other statutory provisions to the contrary, a first- or second-time offender shall be eligible for treatment if the court finds all of the following:
(a) The offender is charged with illegal possession of a controlled substance;
(b) The offender has not been convicted of or imprisoned for a violent felony within five years of committing the current offense;
(c) The offender has not been sentenced to a term of incarceration that would interfere with the offender's participation in the treatment plan; and,
(d) In the same proceeding, the offender has not been convicted of and does not have pending charges for:
(i) any felony other than an illegal possession of a controlled substance offense, or any misdemeanor involving theft, violence or the threat of violence;
(ii) an offense of trafficking, sale or manufacture of controlled substances;
(iii) an offense of possession of controlled substances with the intent or for the purpose of trafficking, sale or manufacture of controlled substances; or,
(iv) an offense of illegally operating a motor vehicle under the influence of alcohol or a controlled substance.
2. Notwithstanding any other statutory provisions to the contrary, a repeat offender shall be eligible for treatment if the court finds both of the following:
(a) The offender satisfies all of the eligibility requirements of paragraph 1(a)-(d) of this section; and,
(b) The requested treatment is in the best interests of the offender and the public.
If the court denies the request for treatment of a repeat offender who satisfies all of the eligibility requirements of paragraph 1(a)-(d) of this section, the offender may be sentenced to up to one hundred and twenty (120) days of incarceration.
3. If an offender does not qualify under paragraph 1 or 2 of this section solely due to the offender's failure to satisfy the eligibility requirement of subparagraph 1(d)(i) of this section, the offender may nonetheless be found eligible for treatment if the court finds all of the following:
(a) The offense or offenses do not include a violent felony or any misdemeanor involving violence or the threat of violence;
(b) The offense or offenses resulted from the offender's drug abuse or addiction;
(c) Treatment of the individual is in the best interests of the offender and the public; and,
(d) The individual has not been proved to pose a danger to the safety of other persons.
§ 223.040 Treatment Plan
If the court grants an offender's request for treatment:
1. The qualified treatment professional designated by the court under § 223.020.5 of this chapter, after conducting an assessment of the offender, shall determine the type and duration of the treatment program or programs that the offender shall receive, consistent with §223.040.9, and the methods of monitoring the offender's progress while in treatment. The qualified treatment professional shall prepare and submit this treatment plan to the court with a list of treatment providers capable of administering the proposed treatment program or programs.
2. The court shall review this treatment plan and shall adopt the treatment plan as submitted, if the court finds that the plan complies with this section, and is otherwise satisfactory. If the treatment plan as submitted is found not to comply with this section or is otherwise unsatisfactory, the court shall request the designated qualified treatment professional to submit a revised treatment plan to the court.
3. The court shall designate an appropriate treatment provider to administer the treatment plan adopted by the court from the list of treatment providers included in the qualified treatment professional's treatment plan. The designated treatment provider shall provide all services called for in the treatment plan, or ensure access to any services not offered by the provider. The qualified treatment professional who submitted the treatment plan shall not be appointed as the treatment provider unless no other treatment provider is available to administer the treatment plan.
4. The court shall designate a qualified treatment professional, which may be the same professional that has assessed the offender, to serve in a continuing role as an independent monitor of the offender's progress in treatment. This independent monitor shall communicate with the offender, the treatment provider and the court as necessary to ensure that the offender is receiving treatment and rehabilitation services called for in the treatment plan, to evaluate progress, to make recommendations to the court on possible changes to the treatment plan for the offender and to ensure the appropriate and effective implementation of the treatment plan.
5. The court may add reasonable conditions to the offender's terms of release to ensure compliance with the treatment plan and other court orders.
6. The court may require an offender who is reasonably able to do so to pay all or a portion of the cost of the offender's participation in a treatment plan. However, such payment requirement shall not be so burdensome as to make participation in a treatment plan inaccessible, nor shall such payment requirement be excessive or punitive.
7. The court shall not require the offender to waive confidentiality of medical or treatment information as a condition for participating in a treatment plan, except that the offender may be required to give written consent for the disclosure to the court of drug and alcohol abuse treatment information by the treatment provider, including objective data generated during treatment, but not including confidential communications. Such written consent shall be non-revocable, and shall be in a form that meets the requirements of all applicable federal and state laws and regulations governing the confidentiality of drug and alcohol abuse treatment information.
8. If the offender does not consent to the treatment plan and the terms and conditions imposed by the court, the offender's request for treatment may be deemed withdrawn and the criminal proceedings against the offender may resume, except that no otherwise confidential drug or alcohol abuse treatment information made available to the court may be used by any person in this or in other civil or criminal proceedings without the offender's further written consent. An offender declared eligible for treatment but who thus withdraws a request for treatment may be sentenced, upon conviction, to up to one hundred and twenty (120) days of incarceration for the illegal possession offense.
9. The court shall require the offender to participate in and cooperate with the treatment program of the designated treatment provider for a period of time designated in the treatment plan, not to exceed twelve (12) months. This period of time may be extended only if, based on information provided by a qualified treatment professional who has assessed the individual, the court finds by clear and convincing evidence that an extension of such period is necessary for treatment to be successful. No extension of the period of time designated for an offender's treatment plan shall exceed an additional six (6) months. Under no circumstances shall the total time period of treatment required under this section exceed a total of eighteen (18) months; nor shall court supervision of any offender extend more than ninety (90) days beyond the end of treatment.
10. The court shall order the offender to appear for treatment according to the treatment plan no later than fourteen (14) days after the court has found the offender to be eligible for treatment, unless the court, because of lack of space or other good cause shown, authorizes an extension of the date for entry into treatment.
§ 223.050 Modification of Treatment Plan at Treatment Provider's Initiation
1. Nothing in this section shall be construed to require a treatment provider to retain an offender who commits a major violation of that program's rules or who repeatedly fails to make required payments.
2. If at any point during the course of treatment, the treatment provider determines that the treatment being provided is unsuitable for the offender, or that it is impracticable for the treatment provider to continue to administer the treatment plan, the treatment provider shall so notify the court and the qualified treatment professional serving as the independent monitor of the offender's treatment plan.
3. If at any point during the course of treatment, the treatment provider notifies the court that the treatment being provided is unsuitable for the offender, or that it is impracticable for the treatment provider to continue to administer the treatment plan, the court, after notice and an opportunity for a hearing, and subject to the recommendation of a qualified treatment professional, may modify the terms of the treatment plan and/or designate a new or additional treatment provider to ensure that the offender receives an alternative treatment program or related programs. If the court does not modify the treatment plan, the court may order that the originally designated treatment provider resume care for the offender.
§ 223.060 Modification of Treatment Plan at Independent Monitor's Initiation
1. If, at any point during the course of treatment, the qualified treatment professional designated as the independent monitor for an offender's treatment plan determines that the treatment being provided is unsuitable for the offender, or determines that necessary services are not being provided or will not be provided as called for in the treatment plan, the independent monitor shall so notify the court.
2. If, at any point during the course of treatment, the qualified treatment professional designated as the independent monitor for an offender's treatment plan notifies the court of problems described in paragraph 1 above, the court, after notice and an opportunity for a hearing, and subject to the recommendation of a qualified treatment professional, may modify the terms of the treatment plan and/or designate a new or additional treatment provider to ensure that the offender receives an alternative treatment program or related programs as necessary to address the problems or deficiencies reported by the independent monitor. If the court does not modify the treatment plan, the court may order the originally designated treatment provider to resume care for the offender.
§ 223.070 Consequences of Removal
1. Notwithstanding any other statutory provisions to the contrary, if an offender who has not been convicted of the illegal possession of a controlled substance charge that gave rise to the request for treatment is removed from a treatment plan pursuant to the provisions of this subdivision, the offender may be tried, and if convicted may be sentenced to up to one hundred and twenty (120) days of incarceration.
2. Notwithstanding any other statutory provisions to the contrary, if an offender who has been convicted of the illegal possession of a controlled substance charge that gave rise to the request for treatment is removed from a treatment plan pursuant to the provisions of this subdivision, the offender may be sentenced to up to one hundred and twenty (120) days of incarceration.
3. If an offender is removed from a treatment plan pursuant to the provisions of this subdivision, and has had additional criminal charges or convictions stayed by the court, prosecution, conviction or sentencing for such additional charges may be conducted without limitation by the provisions of this section.
§ 223.080 Judicial Sanctions for Violations of Court Orders and the Treatment Plan; Removal from Treatment
1. Where an offender participates in a treatment plan and is alleged to have committed a violation of that plan or a court order, the court shall respond with appropriate and proportionate sanctions, including modifications of the treatment plan pursuant to the recommendations of a qualified treatment professional, extensions of the treatment plan pursuant to 223.040.9, and incarceration as a sanction of last resort for non-violent violations.
2. An offender shall not be incarcerated or removed from treatment as a sanction for the first or second incidence of drug use relapse. Incarceration as a sanction may be used in response to three (3) or more drug use relapses if the court does not find that an offender is unamenable to treatment. Incarceration as a sanction shall extend for no more than two (2) days.
3. If the court finds an offender unamenable to treatment after three (3) or more incidences of drug use relapse, an offender may be removed from treatment and tried or sentenced pursuant to section 223.070.
4. If the court finds that an offender has committed a violation of the treatment plan or a court order which is not an incident of drug use relapse, the court may order removal of the offender from treatment.
§ 223.090 Completion of Program; Benefits; Limitations
1. If the court grants an offender's request for treatment prior to a conviction for an illegal possession offense, and the treatment provider notifies the court that the offender has completed the treatment plan, or the treatment plan as modified, the court shall dismiss the stayed proceedings against the offender without an adjudication of guilt and there shall not be a criminal conviction for purposes of any disqualification or disability imposed by law and upon conviction of a crime. Notwithstanding such dismissal of proceedings, the court may order continued supervision of the offender for up to ninety (90) days.
2. If the court grants an offender's request for treatment after a conviction for an illegal possession offense, and the treatment provider notifies the court that the offender has completed the treatment plan, or the treatment plan as modified, the court shall dismiss any stayed proceedings against the offender. Notwithstanding such dismissal of proceedings, the court may order continued supervision of the offender for up to ninety (90) days.
3. If the court grants an offender's request for treatment and the treatment provider notifies the court that the period of time designated in the treatment plan, or the treatment plan as modified, has expired, but, in the opinion of the treatment provider, the offender has not successfully completed the treatment plan, then the court may, after consultation with the treatment provider and the qualified treatment professional who has served as the independent monitor of the offender's treatment plan, take any of the following actions:
(a) Order a modification of the treatment plan and extension of the period of treatment, provided that such extension does not cause the total required treatment period to exceed eighteen months;
(b) Dismiss the stayed proceedings, terminate the treatment plan and order continued supervision, but not incarceration, of the offender for a period of up to ninety days; or
(c) Dismiss the stayed proceedings and terminate the treatment plan with a finding
that the offender has either:
(i) completed the treatment plan without a determination of successful completion, or
(ii) in the opinion of the court and the independent monitor of the offender's treatment plan, successfully complied with the treatment plan.
4. Any time after ninety (90) days subsequent to an offender's completion of a treatment plan, or a treatment plan as modified, the offender may file a motion for the sealing of records and, if applicable, the expungement of the conviction that gave rise to the request for treatment. Upon receipt of such a motion the sentencing court shall consult with the treatment provider and, in the court's discretion, the qualified treatment professional who served as the independent monitor of the offender's treatment plan, to determine whether the offender has successfully completed treatment. If the sentencing court so finds by a preponderance of the evidence, the court shall, as applicable to the case, order the sealing of records related to the offender's charge or conviction for illegal possession of a controlled substance, and expunge any conviction.
5. Notwithstanding the sealing of records related to the offense in question or the expungement of any conviction, law enforcement agencies shall keep records of offenders' arrests, convictions and referrals to treatment for illegal possession of a controlled substance. Such records shall be maintained for the exclusive law enforcement purposes of enabling prosecutors and the courts to have information about the number of prior illegal possession offenses on record for a person later charged with or convicted of illegal possession, and to conduct criminal record checks for persons applying for a position as a law enforcement officer. With these exceptions, all law enforcement records of sealed or expunged records of illegal possession offenses shall be confidential and not subject to any disclosure.
6. Neither the successful completion of the treatment plan, nor the sealing of records, nor the expungement of a conviction under this section relieve an offender of the obligation to disclose the arrest and any expunged conviction in response to any direct question contained in any questionnaire or application for a position as a law enforcement officer.
§ 223.100 Limited Scope of Treatment Right
Nothing in this chapter prohibits the General Assembly from authorizing treatment or treatment in lieu of conviction for persons not otherwise eligible under this section.
§ 223.110 Parole Violation for Possession or Use of Controlled Substances
1. Notwithstanding any other provision of law, and except as provided in paragraph 3 of this section, treatment shall be offered to a parolee, and parole may not be suspended or revoked for illegal possession of a controlled substance or for violating any drug-related condition of parole. This shall not apply to:
(a) any parolee who has pleaded guilty to or been convicted of a violent felony;
(b) any parolee who, while on parole, commits one or more offenses of illegal possession of a controlled substance and is found to have concurrently committed a misdemeanor not related to the use of drugs, or any felony; or
(c) any parolee who refuses drug treatment as a condition of parole.
2. Within seven (7) days of a finding that the parolee has either been charged with or convicted of illegal possession of a controlled substance or violated any drug-related condition of parole, the Board shall order an assessment of the offender found to be eligible for treatment under this section by a qualified treatment professional for the purposes of determining the offender's addiction severity and treatment needs, determining the types of drug treatment and social services that might be appropriate for the parolee, and recommending an appropriate treatment plan. Within seven (7) days thereafter, a qualified treatment professional shall prepare a drug treatment plan and forward it to the Board and any other person or entity responsible for supervising the parolee. The Board shall order the parolee to comply with the conditions of the treatment plan as a condition for continued parole. On at least a quarterly basis after the parolee begins drug treatment, the treatment provider shall prepare and forward a progress report to the entities and individuals monitoring the parolee's progress.
3. If at any point during the course of drug treatment the treatment provider notifies the Board that the parolee is unamenable to the drug treatment provided, but amenable to other drug treatments or related programs, the Board may act to modify the terms of parole to ensure that the parolee receives the alternative drug treatment or program. If at any point during the course of drug treatment the treatment provider notifies the Board that the parolee is unamenable to the drug treatment provided and all other forms of drug treatment, the Board may act to revoke parole. At such revocation hearing, parole shall be revoked unless the parolee proves by a preponderance of the evidence that there is a reasonably available drug treatment program to which he is amenable.
4. Drug treatment services provided by paragraph 2 of this section as a required condition of parole may not exceed twelve (12) months; provided, however, that additional aftercare services as a condition of parole may be required for up to six (6) months.
5. If parole is revoked pursuant to the provisions of 223.120, the parolee may be incarcerated pursuant to otherwise applicable law without regard to the provisions of this section.
§ 223.120 Parole Board Sanctions and Revocation for Violations of Parole Board Orders and the Treatment Plan
1. Where a parolee participates in a treatment plan pursuant to 223.110 and is alleged to have committed a violation of that plan or Parole Board orders, the Board shall respond with appropriate and proportionate sanctions, including modifications of the treatment plan pursuant to the recommendations of a qualified treatment professional, and incarceration as a sanction of last resort for non-violent violations.
2. A parolee shall not be incarcerated or removed from treatment as a sanction for the first incidence of drug use relapse. Incarceration as a sanction may be used in response to two (2) or more drug use relapses if the court does not find that a parolee is unamenable to treatment.
3. If the Board finds a parolee unamenable to treatment after two (2) or more incidences of drug use relapse, the parolee may be incarcerated pursuant to otherwise applicable law without regard to the provisions of this section.
4. If the Board finds that a parolee has committed a violation of the treatment plan or a Parole Board order which is not an incident of drug use relapse, the Board may order removal of the parolee from treatment.
§ 223.130 Funding for Treatment
1. The Missouri Division of Alcohol and Drug Abuse, or its successor agency, is hereby designated to direct implementation of the programs required by this section, and shall be referred to as the "lead agency."
2. The General Assembly shall enact legislation and the lead agency shall promulgate regulations for the implementation of this chapter consistent with its purposes and intent. The lead agency shall ensure that recipient counties or multi-county regional bodies provide a diversity of treatment programs to ensure the availability of a continuum of services from low-threshold to residential drug treatment, as well as services designed for the special needs of women and parents, pregnant women, and other culturally and linguistically diverse populations.
3. Except as otherwise provided herein, the director of the lead agency shall distribute annually all monies appropriated to the Chapter 223 Implementation and Drug Treatment Account, pursuant to 191.832.2, RSMo, to the department's affiliated agencies or bodies in counties or multi-county regions to pay for the costs of providing treatment programs for offenders eligible under this chapter.
4. The director of the lead agency shall determine the allocation of the monies from the Chapter 223 Implementation and Drug Treatment Account to each county or multi-county region through a fair and equitable distribution formula for estimating the need for funds that includes factors such as population, the number of arrests for illegal possession of a controlled substance, substance abuse treatment and rehabilitation services caseload, the need for infrastructure and professional development to provide treatment and rehabilitative services, and such other factors as the director of the lead agency may deem appropriate. The lead agency may also reserve up to five percent of the funds available in the Chapter 223 Implementation and Drug Treatment Account to pay for the lead agency's administrative costs associated with implementing this chapter, and may reserve up to one percent of the funds available to pay for a long-term study of the offender populations and treatment programs affected by this chapter.
5. Each county or multi-county region shall spend at least 85 percent of the funds distributed under this article on the provision of community-based treatment and rehabilitation services and case management services to offenders eligible under this chapter, or persons who commit drug-related violations of the terms of parole. No county or multi-county region shall, in any fiscal year, devote more than 15 percent of the funds provided under this chapter to non-treatment expenses made necessary by the provisions of this chapter, including, but not limited to, administration costs for treatment providers, transportation for offenders to treatment, additional probation department costs and court costs. The director of the lead agency may stipulate permissible uses of such non-treatment funds.
6. Each county or multi-county regional body receiving funds shall be required to submit to the lead agency annual reports or more frequent reports, subject to annual audits by the Auditor of State, detailing the use of funds provided under this chapter.
7. The lead agency shall annually collect and publish data to evaluate the effectiveness and financial impact of the treatment programs implemented under this chapter. The study shall include, but not be limited to, a review of the implementation process; case dispositions for offenders found eligible for treatment under this section; any changes in overall drug-related costs of probation, incarceration, and parole; changes in recidivism rates for non-violent drug offenders; reductions in crime; reductions in prison and jail construction; changes in health outcomes for drug users; reduced welfare costs; employment levels for persons completing treatment elected under this chapter; comparisons of treatment modalities; adequacy of funds appropriated; and other impacts or issues identified by the Division. The lead agency shall also seek to collect data on the race, gender and age of drug offenders, demographic information on types and numbers of controlled substances arrests, prosecutions, diversions to treatment under this chapter and otherwise, and rates of completion of treatment.
Section 3. Section 149.015 of Chapter 149, Title X is amended to read as follows:
Rate of tax--how stamped--samples, how taxed--tax impact to be on consumer--fair share school fund, distribution.
149.015. 1. A tax shall be levied upon the sale of cigarettes at an amount equal to eight and one-half mills per cigarette, until such time as the general assembly appropriates an amount equal to twenty-five percent of the net federal reimbursement allowance to the health initiatives fund, then the tax shall be six and one-half mills per cigarette beginning July first of the fiscal year immediately after such appropriation. As used in this section, "net federal reimbursement allowance" shall mean that amount of the federal reimbursement allowance in excess of the amount of state matching funds necessary for the state to make payments required by subsection 1 of section 208.471, RSMo, or, if the payments exceed the amount so required, the actual payments made for the purposes specified in subsection 1 of section 208.471, RSMo.
2. An additional tax shall be levied upon the sale of cigarettes at an amount equal to twenty mills per cigarette beginning the 1st January after electoral approval. The revenue provided by this tax shall not be part of the "total state revenue" within the meaning of Sections 17 and 18 of Article X of the Constitution of Missouri. The expenditure of this additional revenue shall not be an "expense of state government" under Section 20 of Article X of the Constitution of Missouri.
[2]3. The tax shall be evidenced by stamps which shall be furnished by and purchased from the director or by an impression of the tax by the use of a metering machine when authorized by the director as provided in this chapter, and the stamps or impression shall be securely affixed to one end of each package in which cigarettes are contained. All cigarettes must be stamped before being sold in this state.
[3]4. Cigarette tax stamps shall be purchased only from the director. All stamps shall be purchased by the director in proper denominations, shall contain such appropriate wording as the director may prescribe, and shall be of such design, character, color combinations, color changes, sizes and material as the director may, by rules and regulations, determine to afford the greatest security to the state. It shall be the duty of the director to manufacture or contract for revenue stamps required by this chapter; provided that if the stamps are contracted for, the manufacturer thereof shall be within the jurisdiction of the criminal and civil courts of this state, unless the stamps cannot be obtained in this state at a fair price or of acceptable quality. If stamps are manufactured outside of the state, the director shall take any precautions which he deems necessary to safeguard the state against forgery and misdelivery of any stamps. The director may require of the manufacturer from whom stamps are purchased a bond in an amount to be determined by him commensurate with the monetary value of the stamps, containing such conditions as he may deem necessary in order to protect the state against loss.
[4]5. It shall be the intent of this chapter that the impact of the tax levied hereunder be absorbed by the consumer or user and when the tax is paid by any other person, the payment shall be considered as an advance payment and shall thereafter be added to the price of the cigarettes and recovered from the ultimate consumer or user with the person first selling the cigarettes acting as an agent of the state for the payment and collection of the tax to the state, except that in furtherance of the intent of this chapter no refund of any tax collected and remitted by a retailer upon gross receipts from a sale of cigarettes subject to tax pursuant to this chapter shall be claimed pursuant to chapter 144, RSMo, for any amount illegally or erroneously overcharged or overcollected as a result of imposition of sales tax by the retailer upon amounts representing the tax imposed pursuant to this chapter and any such tax shall either be refunded to the person who paid such tax or paid to the director. The director may recoup from any retailer any tax illegally or erroneously overcharged or overcollected unless such tax has been refunded to the person who paid such tax.
[5]6. In making sales of cigarettes in the state, a wholesaler shall keep a record of the amount of tax on his gross sales. The tax shall be evidenced by appropriate stamps attached to each package of cigarettes sold. Notwithstanding any other law to the contrary, no tax stamp need be attached to a package of cigarettes transported in the state between wholesalers or distributors unless and until such package is sold to a retailer or consumer.
[6]7. The tax on any cigarettes contained in packages of four, ten, twenty or similar quantities to be used solely for distribution as samples shall be computed on a per cigarette basis at the rate set forth in this section, and payment of the tax shall be remitted to the director at such time and in such manner as he may prescribe.
[7]8. The revenue generated by the additional two mills tax imposed effective August 13, 1982, less any three percent reduction allowed pursuant to the provisions of section 149.021, shall be placed in a separate fund entitled "The Fair Share Fund". Such moneys in the fair share fund shall be distributed to the schools in this state on an average daily attendance basis, except as provided in section 163.031, RSMo.
[8]9. The revenue generated by the additional two mills tax imposed effective October 1, 1993, less any three percent reduction allowed pursuant to the provisions of section 149.021, shall be deposited in the health initiatives fund created in section 191.831, RSMo. When the general assembly appropriates an amount equal to twenty-five percent of the net federal reimbursement allowance to the health initiatives fund, this subsection shall expire. The additional two mills tax levied pursuant to this section shall not apply to an amount of stamped cigarettes in the possession of licensed wholesalers on October 1, 1993, up to thirty-five percent of the total cigarette sales made by such licensed wholesaler during the six months immediately preceding October 1, 1993.
Section 4. Chapter 191 of Title XII is amended by adding Section 191.832 to read as follows:
Missouri Addiction Treatment Fund established, use of funds
191.832.1. There is hereby established in the state treasury the "Missouri Addiction Treatment Fund," to which shall be deposited all revenues designated for the fund under subsection 2 of Section 149.015, and all other funds donated to the fund or otherwise deposited pursuant to law, including funds appropriated from other sources. These revenues shall be deposited into separate accounts in the Missouri Addiction Treatment Fund in the following manner:
(1) The revenues generated by five and one-half mills per cigarette of the additional tax shall be deposited in a separate Chapter 223 Implementation and Drug Treatment Account and shall be used to implement the new programs and initiatives established by Chapter 223 and for other addiction treatment and prevention services, pursuant to subsection 191.832.2(2), RSMo;
(2) The revenues generated by five and one-half mills per cigarette of the additional tax shall be deposited in a separate Comprehensive Tobacco Use Prevention and Cessation Account and shall be used to implement the comprehensive tobacco use prevention and cessation programs pursuant to section 191.832.2(3);
(3) The revenues generated by nine mills per cigarette of the additional tax shall by deposited in a separate Addiction and Addiction-Related Illnesses Account and shall be used to implement programs for the treatment of addiction and addiction-related illnesses, and to pay other public expenses relating or arising from addiction and addiction related illnesses.
The state treasurer shall administer the fund. The provisions of Section 33.080, RSMo, to the contrary notwithstanding, money in the Missouri Addiction Treatment Fund shall not be transferred at the close of the biennium to the general revenue fund.
2. Money in the Missouri Addiction Treatment Fund shall be expended pursuant to appropriations by the General Assembly in the following manner:
(1) Between January 1 and June 30 of the year following the election at which this statute is approved, the Division of Alcohol and Drug Abuse, or its successor agency, may pay for the costs of preparing state and local government entities and treatment programs for implementation of Chapter 223 from the Chapter 223 Implementation and Drug Treatment Account.
(2) After payment of any costs pursuant to subsection 2(1), beginning in the first full fiscal year following the election at which this statute is approved, and continuing every year thereafter, monies in the Chapter 223 Implementation and Drug Treatment Account shall be used to implement the new programs and initiatives established by Chapter 223. Any monies remaining after all necessary expenditures shall be used by the Division of Alcohol and Drug Abuse for the provision of alcohol and drug treatment services to: offenders outside of places of confinement; juveniles; and non-offenders; as well as alcohol and drug prevention services.
(3) Beginning in the first full fiscal year following the election at which this statute is approved, and continuing every year thereafter, monies in the Comprehensive Tobacco Use Prevention and Cessation Account shall be used by the Missouri Department of Health and Senior Services, or its successor agency, solely for comprehensive tobacco use prevention and cessation programs developed in accordance with the recommendations of the United States Department of Health and Human Services, Centers for Disease Control and Prevention, or its successor agency.
(4) Beginning in the first full fiscal year following the election at which this statute is approved, and continuing every year thereafter, monies in the Addiction and Addiction-Related Illnesses Account shall be transferred to the General Fund and shall be used solely for the treatment of addiction and addiction-related illnesses, and to pay other public expenses relating to or arising from addiction and addiction-related illnesses.
Section 5. Effective Date
Except for those portions of section 149.015 and subsection 191.832.2(1) requiring effect on the 1st day of January following the election at which it is approved, this chapter shall take effect on the 1st day of July following the election at which it is approved, and shall apply to all qualifying charges, convictions and criminal sentences before the court from that day forward.