This Amendment does the following: (1) Authorizes the Division of Substance Abuse and Mental Health to coordinate with State, county, and municipal law enforcement agencies to establish voluntary deflection and referral pathways to connect individuals to harm reduction programs and behavioral health treatment services, including pathways available before and after arrest.

Plain English Breakdown

The official source does not provide specific details on funding or implementation timelines.

Amendment to Allow Mental Health Referral Programs

This amendment allows the Division of Substance Abuse and Mental Health to work with law enforcement agencies to help individuals connect to harm reduction programs and behavioral health services before or after arrest.

What This Bill Does

• Authorizes the Division of Substance Abuse and Mental Health to coordinate with State, county, and municipal law enforcement agencies.
• Establishes voluntary deflection and referral pathways for individuals to receive harm reduction programs and behavioral health treatment services.
• Includes options for these pathways both before and after arrest.

Who It Names or Affects

• Individuals who may need mental health or substance abuse help
• Law enforcement officers at the state, county, and city levels

Terms To Know

Harm reduction programs

Programs that aim to reduce the negative effects of drug use without requiring people to stop using drugs completely.

Behavioral health treatment services

Services provided by mental health professionals to help individuals with emotional or behavioral issues.

Limits and Unknowns

• Does not specify how much funding will be available for these programs.
• The Superior Court retains jurisdiction over a violation of § 4771(d) of Title 16, but the exact details are not fully explained in this summary.

Official Summary Text

This Amendment does the following:
(1) Authorizes the Division of Substance Abuse and Mental Health to coordinate with State, county, and municipal law enforcement agencies to establish voluntary deflection and referral pathways to connect individuals to harm reduction programs and behavioral health treatment services, including pathways available before and after arrest.
(2) Makes clear the Superior Court retains jurisdiction over a violation of § 4771(d) of Title 16 (formerly § 4774(e) of Title 16).

Current Bill Text

Legislation Document

SPONSOR:

Sen. Pinkney

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 2

TO

SENATE BILL NO. 249

AMEND Senate Bill No. 249 by deleting line 37 in its entirety and inserting in lieu thereof the following:

“

§ 4803. Harm reduction programs; regulatory authority; deflection and referral pathways.

”.

FURTHER AMEND Senate Bill No. 249 by inserting the following after line 41 and before line 42:

“

(d) The Division may coordinate with State, county, and municipal law enforcement agencies to establish voluntary deflection and referral pathways connecting individuals to programs and behavioral health treatment services, including pathways available before and after arrest.

”.

FURTHER AMEND Senate Bill No. 249 by inserting the following after line 259 and before line 260:

“Section 7A. Amend § 4795, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4795. Jurisdiction [For application of this section, see 80 Del. Laws, c. 38, § 6].

(a) The Superior Court shall have original and exclusive jurisdiction over any violation of this chapter by persons 18 years of age or older.

(b) The provisions of subsection (a) of this section or any other law to the contrary notwithstanding, the Court of Common Pleas shall have original jurisdiction over any violation of the following by persons 18 years of age or older:

(4) Section 4771 of this title, except where jurisdiction over the civil penalty resides in the Justice of the Peace Court pursuant to subsection (c) of this

section.

section or for violations of § 4771(d) of this title.

”.

SYNOPSIS

This Amendment does the following:

(1) Authorizes the Division of Substance Abuse and Mental Health to coordinate with State, county, and municipal law enforcement agencies to establish voluntary deflection and referral pathways to connect individuals to harm reduction programs and behavioral health treatment services, including pathways available before and after arrest.

(2) Makes clear the Superior Court retains jurisdiction over a violation of § 4771(d) of Title 16 (formerly § 4774(e) of Title 16).

Author: Senator Pinkney