353G-1 Title.
§353G-1 Title. This [chapter] shall be known and may be cited as the “Criminal Offender Treatment Act”. [L 1998, c 152, pt of §2]
353G-10 Drug testing or assessment fees.
§353G-10 Drug testing or assessment fees. (a) Except as provided in subsection (b), the agency responsible for monitoring a person’s compliance with the terms and conditions of parole or other release from a correctional center or facility shall impose upon the person reasonable fees to cover the cost of: (1) Any drug test of the […]
353G-11 Escape from residential treatment facility.
§353G-11 Escape from residential treatment facility. A person placed into a residential treatment facility or program pursuant to this chapter shall be deemed to be subject to official detention for the purposes of a criminal prosecution for violation of section 710–1020 or 710–1021. [L 1998, c 152, pt of §2]
353G-12 Satisfactory progress in treatment program as mitigating factor.
§353G-12 Satisfactory progress in treatment program as mitigating factor. A person’s satisfactory progress in a treatment program as determined by the treatment program’s report shall be considered a mitigating factor and evidence of the person’s amenability to treatment for purposes of determining the terms and conditions of parole or other release from a correctional center […]
353G-13 Reporting and implementation; substance abuse treatment monitoring program.
§353G-13 Reporting and implementation; substance abuse treatment monitoring program. (a) Every assessment program, treatment program, correctional center or facility, and parole agency that provides services pursuant to this chapter or that otherwise supervises a person or issues an order pursuant to this chapter shall keep case-specific records and aggregate data and statistics as may be […]
353G-14 Rules.
§353G-14 Rules. The department of public safety shall adopt rules in accordance with chapter 91, and shall develop and periodically review and revise guidelines, directives, standards, and protocols and shall take other actions as are necessary and appropriate, to effectuate the purposes of this chapter. [L 1998, c 152, pt of §2]
353G-15 Accreditation and standards.
§353G-15 Accreditation and standards. All treatment programs and assessment programs providing services pursuant to this chapter shall be accredited by the department of health. In addition, the department of health shall designate accredited treatment programs and assessment programs that have special skills in providing treatment services and assessment services to persons involved in or referred […]
353G-16 Funding sources.
§353G-16 Funding sources. (a) The department of public safety, with the assistance of the department of health, may pursue all available funding through federal programs and private sources. Contingent upon the receipt of sufficient funds, the department of public safety may implement the assessment and treatment services mandated pursuant to this chapter. If at any […]
353G-17 Immunity from liability.
§353G-17 Immunity from liability. (a) Any accredited assessment program or treatment program or substance abuse professional certified pursuant to section 321–193 that, in good faith, provides services pursuant to this chapter shall not be liable in any civil action for damages as a result of any acts or omissions in providing assessment services or treatment […]
353G-18 Statutory construction.
§353G-18 Statutory construction. The provisions of this chapter shall be liberally construed to effectuate its remedial and rehabilitative purposes. [L 1998, c 152, pt of §2]
353G-2 Definitions.
§353G-2 Definitions. As used in this chapter unless the context requires otherwise: “Assessment” means an ongoing process through which a substance abuse professional collaborates with a client and other persons to gather and interpret information necessary for planning treatment and evaluating the client’s progress. “Assessment program” refers to a not-for-profit corporation, government agency, or other […]
353G-3 Mandatory drug testing of repeat offenders.
§353G-3 Mandatory drug testing of repeat offenders. (a) Any inmate who has been convicted of an offense under chapter 329, 329C, 707, 708, 709, 710, 711, or 712, and has one prior conviction under any of these chapters, shall be required to submit to drug testing. (b) Drug tests shall be administered by the department […]
353G-4 Mandatory assessment of offenders.
§353G-4 Mandatory assessment of offenders. (a) Any inmate who has been convicted of more than one offense under chapter 329, 329C, 707, 708, 709, 710, 711, or 712, and has one prior conviction under any of these chapters, shall be required to undergo an assessment if: (1) The inmate refuses to undergo a drug test […]
353G-5 Drug test results or assessment; confidentiality of.
§353G-5 Drug test results or assessment; confidentiality of. (a) Unless otherwise ordered by a court, the drug test results and assessment results of an inmate, parolee, or other person released from a correctional center or facility shall be provided as soon as practicable to the inmate, parolee, or other person who submitted to the test […]
353G-6 Use of drug test or assessment results.
§353G-6 Use of drug test or assessment results. (a) Except as provided by law, the results of an inmate’s drug test required or ordered under this chapter shall be used only to determine: (1) Whether the department of public safety shall order treatment or an assessment; (2) Appropriate conditions of parole or other release from […]
353G-7 Conditions of parole or other release from a correctional center or facility.
[ §353G-7] Conditions of parole or other release from a correctional center or facility. (a) If an inmate ordered pursuant to this chapter to participate in a treatment program is granted parole or other release from a correctional center or facility, the inmate shall agree as a condition of parole or other release to the […]
353G-8 Report on progress in treatment programs and compliance with conditions.
§353G-8 Report on progress in treatment programs and compliance with conditions. (a) If a person has been ordered to participate in a treatment program, the designated treatment program shall report periodically on the person’s progress in the treatment program to the agency responsible for monitoring the person’s compliance with the terms and conditions of parole […]
353G-9 Sanctions.
§353G-9 Sanctions. Upon a positive drug test or any other substantive violation of any term or condition of a person’s participation in a treatment program ordered pursuant to this chapter, the appropriate authority shall immediately impose such sanction or combination of sanctions as may be appropriate. If the appropriate authority elects not to impose a […]