0340-0203 Drug Diversion and Drug Prevention Education Programming

For the implementation and administration of drug diversion programs for nonviolent young adult drug offenders; provided, that individuals using heroin or other opiate derivatives who are arrested for nonviolent crimes shall be eligible for such programs; provided further, that individuals charged with violent crimes shall not be eligible for participation in a drug diversion program; provided further, that a district attorney's office may contract with any organization to administer a drug diversion program or an education program; provided further, that such programs shall be designed in consultation with the department of public health; provided further, that eligible drug diversion programs shall offer pre--arraignment or post--arraignment programs for nonviolent drug offenders to provide candidates the opportunity to receive comprehensive substance use treatment services in lieu of prosecution through the traditional court process; provided further, that treatment plans may include, but shall not be limited to, inpatient, outpatient and step--down recovery services; provided further, that diversion program candidates without insurance coverage for such services shall not be denied access to the program based on the inability to pay; provided further, that not less than 60 days before the distribution of funds, the Massachusetts District Attorneys Association shall submit a report to the house and senate committees on ways and means detailing: (i) the amount to be given to each district attorney's office; (ii) the methodology for the distribution; and (iii) the administration and cost of the program; and provided further, that no funds from this item shall be expended on the administrative costs of the Massachusetts District Attorneys Association