Guam § 88 - Substance Abuse Assessment: Standardized Procedure.

§ 88. 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

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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

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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.

2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which renamed the

Department of Mental Health and Substance Abuse (DMHSA) to the Guam

Behavioral Health and Wellness Center, and all references to DMHSA were altered to

to the Guam Behavioral Health and Wellness Center pursuant to P.L. 32-024:4.