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General Assembly Raised Bill No. 6698
January Session, 2023
LCO No. 4403
Referred to Committee on GENERAL LAW
Introduced by:
(GL)
AN ACT CONCERNING DRUG POLICY, SUBSTANCE ABUSE AND
PEER SUPPORT SERVICES AND MANDATORY MINIMUM
SENTENCES FOR CERTAIN DRUG -RELATED CRIMES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2023) (a) As used in this section: 1
(1) "Chief Drug Policy Officer" and "officer" mean the individual 2
appointed pursuant to subsection (b) of this section; 3
(2) "Office of Governmental Accountability" means the office 4
established in section 1-300 of the general statutes; 5
(3) "Office of the Chief Drug Policy Officer" and "office" mean the 6
office established in subsection (b) of this section; 7
(4) "Opioid use disorder" has the same meaning as provided in 8
section 17a-673b of the general statutes, as amended by this act; 9
(5) "State agency" means any department, board, council, 10
commission, institution or other executive branch agency of state 11
government; 12 Raised Bill No. 6698
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(6) "State-wide peer navigator program" means the state-wide 13
program established pursuant to subdivision (2) of subsection (b) of 14
section 17a-673b of the general statutes, as amended by this act; and 15
(7) "Substance use disorder" means a pattern of alcohol or other 16
substance use that meets the applicable diagnostic criteria delineated in 17
the most recent edition of the American Psychiatric Association's 18
Diagnostic and Statistical Manual of Mental Disorders and includes, but 19
is not limited to, opioid use disorder. 20
(b) There is established an Office of the Chief Drug Policy Officer, 21
which shall be within the Office of Governmental Accountability for 22
administrative purposes only. The Office of the Chief Drug Policy 23
Officer shall be administered by a Chief Drug Policy Officer, who shall: 24
(1) Have knowledge of substance use disorders and services 25
provided to individuals with substance use disorders and their families; 26
(2) Be appointed by the Governor with the approval of the General 27
Assembly; 28
(3) Serve for a term of four years and may be reappointed or shall 29
continue to hold office until a successor is appointed and qualified; and 30
(4) Notwithstanding any other provision of the general statutes, act 31
independently of any state agency in performing the officer's duties. 32
(c) The Chief Drug Policy Officer, within available appropriations, 33
shall: 34
(1) Appoint such staff as the officer deems necessary, which staff may 35
perform the officer's duties set forth in this subsection under the officer's 36
direction; 37
(2) Ensure that the office serves as the central point of contact for the 38
state-wide peer navigator program; 39
(3) Ensure that the office serves as a centralized location for collecting 40 Raised Bill No. 6698
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information concerning services provided to individuals with substance 41
use disorders and their families; 42
(4) Evaluate the services that other state agencies and other entities 43
provide to individuals with substance use disorders and their families, 44
and the manner in which such agencies and entities provide such 45
services; 46
(5) Encourage coordination between state agencies in providing 47
services to individuals with substance disorders and their families for 48
the purpose of preventing and eliminating duplication of efforts and 49
decreasing cost incurred by state agencies in providing such services; 50
(6) Receive and review complaints submitted by persons concerning 51
the actions of state agencies and other entities that provide services to 52
individuals with substance use disorders and their families, and 53
investigate any such complaint that the officer believes indicates that an 54
individual with a substance use disorder, or the family of any such 55
individual, requires the officer's assistance; 56
(7) Recommend changes in state policies concerning substance use 57
disorders, including, but not limited to, changes in systems used to 58
provide services to individuals with substance use disorders and their 59
families; 60
(8) Conduct programs of public education, undertake legislative 61
advocacy and make proposals for systemic reform concerning substance 62
use disorders and services provided to individuals with substance use 63
disorders and their families; and 64
(9) Advise the public concerning the purpose of the office, the 65
services provided by the office and contact information for the office. 66
(d) Not later than January 31, 2024, and annually thereafter, the Chief 67
Drug Policy Officer shall submit to the Governor and the joint standing 68
committees of the General Assembly having cognizance of matters 69
relating to consumer protection, public health and the judiciary a report, 70 Raised Bill No. 6698
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in accordance with the provisions of section 11-4a of the general statutes, 71
detailing and analyzing the Office of the Chief Drug Policy Officer's 72
work during the preceding calendar year. 73
Sec. 2. Section 17a-673b of the general statutes is repealed and the 74
following is substituted in lieu thereof (Effective July 1, 2023): 75
(a) As used in this section: 76
(1) "Chief Drug Policy Officer" means the individual appointed 77
pursuant to subsection (b) of section 1 of this act; 78
[(1)] (2) "Commissioner" means the Commissioner of Mental Health 79
and Addiction Services; 80
[(2)] (3) "Department" means the Department of Mental Health and 81
Addiction Services; 82
(4) "Office of the Chief Drug Policy Officer" means the office 83
established in subsection (b) of section 1 of this act; 84
(5) "Opioid Settlement Fund" means the fund established in section 85
17a-674c, as amended by this act; 86
[(3)] (6) "Opioid use disorder" means a medical condition 87
characterized by a problematic pattern of opioid use and misuse leading 88
to clinically significant impairment or distress; and 89
[(4)] (7) "Peer navigator" means a person who (A) has experience 90
working with persons with substance use disorder, as defined in section 91
20-74, (B) provides nonmedical mental health care and substance use 92
services to such persons, and (C) has a collaborative relationship with a 93
health care professional authorized to prescribe medications to treat 94
opioid use disorder. 95
(b) (1) On or before January 1, 2023, the department shall establish, 96
within available appropriations, a pilot program in urban, suburban 97
and rural communities to serve persons with opioid use disorder in such 98 Raised Bill No. 6698
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communities. The department shall establish the pilot program in up to 99
five such communities in accordance with such terms and conditions as 100
the commissioner may prescribe. 101
(2) On or before January 1, 2024, the department shall replace, within 102
the funds available in the Opioid Settlement Fund, the pilot program 103
established pursuant to subdivision (1) of this subsection with a state-104
wide peer navigator program to serve persons with opioid use disorder 105
in all communities in this state that elect to participate in such program. 106
The department shall establish such state-wide program in accordance 107
with such terms and conditions as the commissioner, in consultation 108
with the Chief Drug Policy Officer, may prescribe. The Office of the 109
Chief Drug Policy Officer shall serve as the central point of contact for 110
such state-wide program. 111
(c) Each community in which the pilot or state-wide program is 112
established under subsection (b) of this section shall form a team of at 113
least two peer navigators. The team shall work in the community to (1) 114
increase engagement between providers of treatment services, health 115
care and social services and persons with opioid use disorder, (2) 116
improve the retention of such persons in treatment for opioid use 117
disorder by addressing social determinants of health of such persons 118
and emerging local conditions that affect such social determinants of 119
health, and (3) increase the capacity of the community to support such 120
persons by identifying and addressing systemic barriers to treatment 121
services, health care, social services and social support of such persons. 122
The team shall (A) travel throughout the community to address, in 123
person, the health care and social needs of persons with opioid use 124
disorder, and (B) be accessible to such persons through (i) a telephone 125
number that has texting capabilities, and (ii) social media. Each peer 126
navigator that participates in the pilot or state-wide program shall 127
receive regularly updated training, as determined by the commissioner 128
[,] or, in the case of the state-wide program, the commissioner in 129
consultation with the Chief Drug Policy Officer, on noncoercive and 130
nonstigmatizing methods for engaging [those] persons with opioid use 131
disorder. 132 Raised Bill No. 6698
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(d) (1) On or before January 1, 2024, the commissioner shall report, in 133
accordance with the provisions of section 11-4a, to the joint standing 134
committee of the General Assembly having cognizance of matters 135
relating to public health regarding the success of the pilot program in 136
serving persons with opioid use disorder. [and any recommendations 137
for continuing the pilot program or expanding the pilot program into 138
other communities in the state.] 139
(2) On or before January 1, 2025, and annually thereafter, the 140
commissioner shall report, in consultation with the Chief Drug Policy 141
Officer and in accordance with the provisions of section 11-4a, to the 142
joint standing committees of the General Assembly having cognizance 143
of matters relating to consumer protection and public health regarding 144
the success of the state-wide program in serving persons with opioid 145
use disorder. 146
Sec. 3. Subsection (e) of section 17a-674c of the general statutes is 147
repealed and the following is substituted in lieu thereof (Effective July 1, 148
2023): 149
(e) Moneys in the fund shall be spent only for the following substance 150
use disorder abatement purposes, in accordance with the controlling 151
judgment, consent decree or settlement, as confirmed by the Attorney 152
General's review of such judgment, consent decree or settlement and 153
upon the approval of the committee and the Secretary of the Office of 154
Policy and Management: 155
(1) State-wide, regional or community substance use disorder needs 156
assessments to identify structural gaps and needs to inform 157
expenditures from the fund; 158
(2) Infrastructure required for evidence-based substance use disorder 159
prevention, treatment, recovery or harm reduction programs, services 160
and supports; 161
(3) Programs, services, supports and resources for evidence-based 162
substance use disorder prevention, treatment, recovery or harm 163 Raised Bill No. 6698
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reduction; 164
(4) Evidence-informed substance use disorder prevention, treatment, 165
recovery or harm reduction pilot programs or demonstration studies 166
that are not evidence-based, but are approved by the committee as an 167
appropriate use of moneys for a limited period of time as specified by 168
the committee, provided the committee shall assess whether the 169
evidence supports funding such programs or studies or whether it 170
provides a basis for funding such programs or studies with an 171
expectation of creating an evidence base for such programs and studies; 172
(5) Evaluation of effectiveness and outcomes reporting for substance 173
use disorder abatement infrastructure, programs, services, supports and 174
resources for which moneys from the fund have been disbursed, 175
including, but not limited to, impact on access to harm reduction 176
services or treatment for substance use disorders or reduction in drug-177
related mortality; 178
(6) One or more publicly available data interfaces managed by the 179
commissioner to aggregate, track and report data on (A) substance use 180
disorders, overdoses and drug-related harms, (B) spending 181
recommendations, plans and reports, and (C) outcomes of programs, 182
services, supports and resources for which moneys from the fund were 183
disbursed; 184
(7) Research on opioid abatement, including, but not limited to, 185
development of evidence-based treatment, barriers to treatment, 186
nonopioid treatment of chronic pain and harm reduction, supply-side 187
enforcement; 188
(8) Documented expenses incurred in administering and staffing the 189
fund and the committee, and expenses, including, but not limited to, 190
legal fees, incurred by the state or any municipality in securing 191
settlement proceeds, deposited in the fund as permitted by the 192
controlling judgment, consent decree or settlement; 193
(9) Documented expenses associated with managing, investing and 194 Raised Bill No. 6698
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disbursing moneys in the fund; [and] 195
(10) Documented expenses, including legal fees, incurred by the state 196
or any municipality in securing settlement proceeds deposited in the 197
fund to the extent such expenses are not otherwise reimbursed pursuant 198
to a fee agreement provided for by the controlling judgment, consent 199
decree or settlement; and 200
(11) Documented expenses incurred in administering the state-wide 201
peer navigator program established pursuant to subdivision (2) of 202
subsection (b) of section 17a-673b, as amended by this act. 203
Sec. 4. Section 21a-277 of the general statutes is repealed and the 204
following is substituted in lieu thereof (Effective October 1, 2023): 205
(a) (1) (A) No person may [manufacture,] distribute, [sell,] prescribe, 206
dispense, compound, transport with the intent to sell or dispense, 207
possess with the intent to sell or dispense, offer, give or administer to 208
another person, except as authorized in this chapter, any controlled 209
substance that is a [(A)] (i) narcotic substance, or [(B)] (ii) hallucinogenic 210
substance. 211
[(2)] (B) Any person who violates subparagraph (A) of this 212
subdivision [(1) of this subsection (A)] (i) for a first offense, shall be 213
imprisoned not more than fifteen years and may be fined not more than 214
fifty thousand dollars, or be both fined and imprisoned, [(B)] (ii) for a 215
second offense, shall be imprisoned not more than thirty years and may 216
be fined not more than one hundred thousand dollars, or be both fined 217
and imprisoned, and [(C)] (iii) for any subsequent offense, shall be 218
imprisoned not more than thirty years and may be fined not more than 219
two hundred fifty thousand dollars, or be both fined and imprisoned. 220
(2) (A) No person may manufacture or sell, except as authorized in 221
this chapter, any controlled substance that is a (i) narcotic substance, or 222
(ii) hallucinogenic substance. 223
(B) Any person who violates subparagraph (A) of this subdivision (i) 224 Raised Bill No. 6698
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for a first offense, shall be imprisoned not more than fifteen years and 225
may be fined not more than fifty thousand dollars, or be both fined and 226
imprisoned, (ii) for a second offense, shall be imprisoned not less than 227
five years or more than thirty years and may be fined not more than one 228
hundred thousand dollars, or be both fined and imprisoned, and (iii) for 229
any subsequent offense, shall be imprisoned not less than five years or 230
more than thirty years and may be fined not more than two hundred 231
fifty thousand dollars, or be both fined and imprisoned. 232
(b) (1) (A) No person may [manufacture,] distribute, [sell,] prescribe, 233
dispense, compound, transport with the intent to sell or dispense, 234
possess with the intent to sell or dispense, offer, give or administer to 235
another person, except as authorized in this chapter or chapter 420f, any 236
controlled substance other than [(A)] (i) a narcotic substance, [or (B)] (ii) 237
a hallucinogenic substance, or [(C)] (iii) cannabis. 238
[(2)] (B) Any person who violates subparagraph (A) of this 239
subdivision [(1) of this subsection (A)] (i) for a first offense, may be fined 240
not more than twenty-five thousand dollars or imprisoned not more 241
than seven years, or be both fined and imprisoned, and [(B)] (ii) for any 242
subsequent offense, may be fined not more than one hundred thousand 243
dollars or imprisoned not more than fifteen years, or be both fined and 244
imprisoned. 245
(2) (A) No person may manufacture or sell, except as authorized in 246
this chapter or chapter 420f, any controlled substance other than (i) a 247
narcotic substance, (ii) a hallucinogenic substance, or (iii) cannabis. 248
(B) Any person who violates subparagraph (A) of this subdivision (i) 249
for a first offense, may be fined not more than twenty-five thousand 250
dollars or imprisoned not more than seven years, or be both fined and 251
imprisoned, and (ii) for any subsequent offense, shall be imprisoned not 252
less than five years or more than fifteen years and may be fined not more 253
than one hundred thousand dollars, or be both fined and imprisoned. 254
(3) For purposes of this subsection, "cannabis" has the same meaning 255
as provided in section 21a-420. 256 Raised Bill No. 6698
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(c) No person may knowingly possess drug paraphernalia in a drug 257
factory situation as defined by subdivision (20) of section 21a-240 for the 258
unlawful mixing, compounding or otherwise preparing any controlled 259
substance for purposes of violation of this chapter. 260
(d) As an alternative to the sentences specified in [subsections (a) and 261
(b)] subparagraph (B) of subdivision (1) of subsection (a) of this section, 262
subparagraph (B)(i) of subdivision (2) of subsection (a) of this section, 263
subparagraph (B) of subdivision (1) of subsection (b) of this section and 264
subparagraph (B)(i) of subdivision (2) of subsection (b) of this section, 265
the court may sentence the person to the custody of the Commissioner 266
of Correction for an indeterminate term not to exceed three years or the 267
maximum term specified for the offense, whichever is less, and, at any 268
time within such indeterminate term and without regard to any other 269
provision of law regarding minimum term of confinement, the 270
Commissioner of Correction may release the convicted person so 271
sentenced subject to such conditions as the commissioner may impose 272
including, but not limited to, supervision by suitable authority. At any 273
time during such indeterminate term, the Commissioner of Correction 274
may revoke any such conditional release in the commissioner's 275
discretion for violation of the conditions imposed and return the 276
convicted person to a correctional institution. 277
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2023 New section
Sec. 2 July 1, 2023 17a-673b
Sec. 3 July 1, 2023 17a-674c(e)
Sec. 4 October 1, 2023 21a-277
Statement of Purpose:
To: (1) Establish an Office of the Chief Drug Policy Officer; (2) expand
the peer navigator pilot program to a state-wide peer navigator program
funded by the Opioid Settlement Fund; and (3) establish mandatory
minimum terms of imprisonment for manufacturing and selling certain
substances. Raised Bill No. 6698
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[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]