Substance Abuse Assessment: Standardized Procedure

(a)The Superior Court of Guam, the Department of Corrections, the Territorial Parole Board, the Guam Police Department, and the Guam COL372014 CH. 88 CRIMINAL JUSTICE SUBSTANCE ABUSE ACT Behavioral Health and Wellness Center shall cooperate to develop and implement the following:

(1)A standardized procedure for the assessment of the use of controlled substances by offenders, which procedure shall include the administration of a chemical test of such offender for the presence of controlled substances or such other test of the offender for the presence of controlled substances or alcohol as deemed appropriate by the agency which has supervision of the particular offender (hereinafter called the supervising agency). The assessment procedure developed pursuant to this paragraph shall provide an evaluation of the extent of an offender's abuse of substances, if any, and recommend treatment which is appropriate to the needs of the particular offender.

(2)A system of programs for education and treatment of abuse of substances which can be utilized by offenders who are placed on probation, incarcerated with the Department of Corrections, placed on parole, or placed in community corrections. The programs developed pursuant to this paragraph shall be as flexible as possible so that such programs may be utilized by each particular offender to the extent appropriate to that offender. The programs developed pursuant to this paragraph shall be structured in such manner that the programs provide a continuum of education and treatment programs for each offender as he proceeds through the criminal justice system and may include, but shall not be limited to, attendance at self-help groups, group counseling, individual counseling, outpatient treatment, inpatient treatment, day care, or treatment in a therapeutic community. Also, such programs shall be developed in such a manner that, to the extent possible, the programs may be accessed by all offenders in the criminal justice system. Any programs developed pursuant to this paragraph shall include a system of periodic or random chemical testing for the presence of controlled substances or alcohol, or such other testing as provided in paragraph

(1)of this subsection (a). The frequency of such testing shall be that which is appropriate to the particular offender in accordance with the offender's assessment performed pursuant to paragraph

(1)of this subsection (a).

(3)A system of punitive sanctions for offenders who test positive for the use of substances subsequent to the initial test and after being placed in an education or treatment program. The sanctions developed COL372014 CH. 88 CRIMINAL JUSTICE SUBSTANCE ABUSE ACT pursuant to this paragraph should allow for appropriate responses by the criminal justice system to each occurrence of a positive test by an offender, each of which shall become a permanent part of the offender's record.

(b)The procedures for assessment, treatment, and sanctions required to be developed by subsection

(a)of this section shall be implemented only to the extent moneys are available in the Drug Treatment and Enforcement Fund, provided that, in all cases, persons referred or ordered to receive assessment, treatment, or sanctions shall do so at their own expense, unless they are indigent.

(c)The Superior Court of Guam, the Department of Corrections, the Territorial Parole Board, the Guam Police Department, and the Guam Behavioral Health and Wellness Center shall cooperate to develop a schedule of fees sufficient to cover the costs of assessment, testing, and treatment as required by this section. All persons referred or ordered to receive assessment, testing, or treatment shall be made to pay for such, in accordance with the fee schedule, except in such cases where the person is determined to be indigent.