HOUSE BILL 215

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Jim R. Trujillo

AN ACT

RELATING TO ALCOHOL; AMENDING SECTIONS OF THE NMSA 1978 TO PROVIDE FOR SUBSTANCE ABUSE TREATMENT UNDER THE LOCAL DWI GRANT FUND PROGRAM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 11-6A-3 NMSA 1978 (being Laws 1993, Chapter 65, Section 3, as amended) is amended to read:

     "11-6A-3. LOCAL DWI GRANT PROGRAM--FUND.--

          A. The division shall establish a local DWI grant program to make grants to municipalities or counties for:

                (1) new, innovative or model programs, services or activities to prevent or reduce the incidence of DWI, alcoholism, alcohol abuse, drug addiction or drug abuse; and

                (2) programs, services or activities to prevent or reduce the incidence of domestic abuse related to DWI, alcoholism, alcohol abuse, drug addiction or drug abuse.           B. Grants shall be awarded by the council pursuant to the advice and recommendations of the division.

          C. The "local DWI grant fund" is created in the state treasury and shall be administered by the division. Two million five hundred thousand dollars ($2,500,000) of liquor excise tax revenues distributed to the fund and all other money in the fund, other than money appropriated for distribution pursuant to Subsections D and E of this section and money appropriated for DWI program distributions, are appropriated to the division to make grants to municipalities and counties upon council approval in accordance with the program established under the Local DWI Grant Program Act and to evaluate DWI grantees and the local DWI grant program. Money in the fund may be used for drug courts. An amount equal to the liquor excise tax revenues distributed annually to the fund, less five million six hundred thousand dollars ($5,600,000), is appropriated to the division to make DWI program distributions to counties upon council approval of programs in accordance with the provisions of the Local DWI Grant Program Act. No more than six hundred thousand dollars ($600,000) of liquor excise tax revenues distributed to the fund in any fiscal year shall be expended for administration of the grant program. Balances in the fund at the end of any fiscal year shall not revert to the general fund.

          D. Two million eight hundred thousand dollars ($2,800,000) of the liquor excise tax revenues distributed to the local DWI grant fund is appropriated to the division for distribution to the following counties in the following amounts for funding of alcohol and drug detoxification and treatment facilities:

                (1) one million seven hundred thousand dollars ($1,700,000) to class A counties with a population of over three hundred thousand persons according to the 1990 federal decennial census;

                (2) three hundred thousand dollars ($300,000) each to counties reclassified in 2002 as class A counties with a population of more than ninety thousand but less than one hundred thousand persons according to the 1990 federal decennial census;

                (3) two hundred thousand dollars ($200,000) to class B counties with a population of more than thirty thousand but less than forty thousand persons according to the 1990 federal decennial census;

                (4) one hundred fifty thousand dollars ($150,000) to class B counties with a population of more than sixty-two thousand but less than sixty-five thousand persons according to the 1990 federal decennial census; and

                (5) one hundred fifty thousand dollars ($150,000) to class B counties with a population of more than thirteen thousand but less than fifteen thousand persons according to the 1990 federal decennial census.

          E. Three hundred thousand dollars ($300,000) of the liquor excise tax revenues distributed to the local DWI grant fund is appropriated to the division for the interlock device fund.

          F. In awarding DWI grants to local communities, the council:

                (1) may fund new or existing innovative or model programs, services or activities designed to prevent or reduce the incidence of DWI, alcoholism or alcohol and substance abuse;

                (2) may fund existing community-based programs, services or facilities for prevention, screening and treatment of alcoholism and alcohol and substance abuse;

                (3) may fund new or existing innovative or model programs, services or activities of any kind designed to prevent or reduce the incidence of domestic abuse related to DWI, alcoholism or alcohol and substance abuse;

                (4) may fund existing community-based programs, services or facilities for prevention and treatment of domestic abuse related to DWI, alcoholism or alcohol and substance abuse;

                (5) shall give consideration to a broad range of approaches to prevention, education, screening, treatment or alternative sentencing, including programs that combine incarceration, treatment and aftercare, to address the problem of DWI, alcoholism or alcohol and substance abuse; and

                (6) shall make grants only to counties or municipalities in counties that have established a DWI planning council and adopted a county DWI plan or are parties to a multicounty DWI plan that has been approved by the council and approved pursuant to Chapter 43, Article 3 NMSA 1978 and only for programs, services or activities consistent with that plan. A DWI plan shall also comply with local DWI grant program rules and guidelines.

          G. The council shall use the criteria in Subsection F of this section to approve DWI programs, services or activities for funding through the county DWI program distribution. Sixty-five percent of the DWI grants awarded to local communities shall be used for drug and alcohol-related treatment and detoxification programs."

     SECTION 2. Section 43-3-10 NMSA 1978 (being Laws 1985, Chapter 185, Section 3, as amended) is amended to read:

     "43-3-10. DEFINITIONS.--As used in Chapter 43, Article 3 NMSA 1978:

          A. "board" means the board of county commissioners of a county;

          B. "department" means the human services department;

          C. "DWI program" means a community program specifically designed to provide treatment, aftercare or prevention of or education regarding driving while under the influence of alcohol or drugs;

          D. "incarceration and treatment facility" means a minimum security detention facility that provides a DWI program;

          E. "planning council" means a county DWI planning council;

          F. "screening program" means a program that provides screening or examination by alcoholism and substance abuse treatment professionals of persons charged with or convicted of driving while intoxicated or other offenses to determine whether the person is:

                (1) physically dependent on alcohol and thus suffering from the disease of alcoholism;

                (2) an alcohol abuser who has not yet developed the alcoholism disease syndrome but has an entrenched pattern of pathological use of alcohol and social or occupational impairment in function from alcohol abuse; [or]

                (3) neither an alcoholic nor an alcohol abuser such that alcoholism treatment is not necessary; and that provides referral or recommendation of such persons to the most appropriate treatment;

                (4) physically dependent on drugs and thus suffering from the disease of drug addiction;

                (5) a substance abuser who has not yet developed a drug addiction but has an entrenched pattern of pathological use of substance and a social or occupational impairment in function from substance abuse; or

                (6) neither addicted to drugs nor a substance abuser such that substance abuse treatment is not necessary; and that provides referral or recommendation of such persons to the most appropriate treatment; and

          G. "statewide substance abuse services plan" means the comprehensive plan for a statewide services network developed by the department that documents the extent of New Mexico's substance abuse problem and statewide needs for prevention, screening, detoxification, short-term and long-term rehabilitation, outpatient programs and DWI programs. The plan shall be based on the continuum of care concept of a comprehensive prevention and treatment system."

     SECTION 3. Section 43-3-14 NMSA 1978 (being Laws 1993, Chapter 65, Section 13) is amended to read:

     "43-3-14. COUNTY DWI PLANNING COUNCILS AUTHORIZED--MEMBERSHIP.--

          A. A board may create a county DWI planning council and appoint the members for terms set by the board. The members of the planning council shall be selected to represent a broad spectrum of interests and may include county officials, DWI program and service providers, law enforcement officers, alcohol and substance abuse counselors and therapists, school administrators and local political leaders.

          B. The members of a planning council shall elect from among the membership of the planning council a [chairman] chair for a term designated by the board. The planning council shall meet at the call of the [chairman] chair.

          C. Planning council members shall receive per diem and mileage reimbursement as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

     SECTION 4. Section 43-3-15 NMSA 1978 (being Laws 1993, Chapter 65, Section 14) is amended to read:

     "43-3-15. COUNTY DWI PLANS.--

          A. With the advice of the planning council, the board or its designee shall prepare a county DWI plan. Upon approval of the DWI plan by the board and the planning council, the board shall submit the DWI plan to the department for approval and integration into the statewide [alcoholism] substance abuse services plan.

          B. Two or more boards may agree to establish a multicounty DWI plan.

          C. Each county DWI plan shall include:

                (1) a county needs assessment that identifies and quantifies:

                     (a) the major factors that affect access to and the success or effectiveness of local DWI programs;

                     (b) the gaps and needs not covered in local DWI programs; and

                     (c) the extent to which county residents use DWI programs available in other counties;

                (2) an inventory of existing public and private DWI providers and programs in the county, including identification of any DWI program duplication, and existing governmental funding and other resources, including county funding, for county DWI programs; and

                (3) recommendations and goals for providing, improving and funding DWI programs in the county, based on the needs assessment and inventory, and including proposals to eliminate duplication of programs and services, improve access to programs and services, establish new programs or services, provide additional funding, in-kind contributions and other resources for existing programs and where feasible use DWI programs available in other counties.

          D. The county DWI plan shall be updated at the request of the board or the department if the plan as implemented through the statewide [alcoholism] substance abuse services plan is not achieving its stated goals, if the needs of the county have changed or if the department determines that the distribution of funds is not having an impact on the incidence of driving while under the influence of intoxicating liquor or drugs."

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