Staff Analysis of the Legislation
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HB 716 is entitled the "Georgia Pre-Arrest Diversion for Drug and Mental Health Treatment Act" and makes 5 primary changes to the OCGA. (1) Section 2-1 amends Title 35 by adding a new chapter. The chapter creates a process my which an individual may self-refer themselves to a law enforcement agency in order to seek information on treatment for drug or alcohol abuse or dependence or mental health issues or for assisted delivery and not be arrested, charged, or prosecuted for a drug violation resulting from such inquiry. (2) Section 3-1 revises Code Section 16-13-5 by adding the possession of opiates or its derivatives to the definition of a "drug violation". It also adds that those who voluntarily consent to enter into a treatment facility upon probable cause of a drug violation shall not be arrested, charged, or prosecuted for the violation so long as they successfully complete the treatment program. (3) Section 4-1 and 4-2 revise Code Sections 15-1-15 and 15-1-16 to allow each drug court division's substance abuse planing group and each mental health court division's planning group to request technical assistance from law enforcement agencies and their officers. (4) Section 4-3 adds new Code Section 15-18-32 which requires prosecuting attorneys to create written guidelines for the implementation of subsection (b.1) of Code Section 16-13-5. (5) Section 5-1 amends Article 2 of Chapter 7 of Title 37 by adding a new Code Section 37-7-20.1 which allows a peace officer to hospitalize any person to be examined by a physician for evidence of alcoholism, drug dependence, or drug abuse. If the physician determines the person is suitable for treatment, the person committed a penal offense, the person voluntarily desires to be taken for treatment, and there is probable cause that the person is suffering from alcoholism, drug dependence, or drug abuse then the officer reports the circumstances under which the person was arrested and it is made part of the patient's clinical record. |
