H.F. 109 Section 1. STATEWIDE CHEMICAL SUBSTANCE ABUSE MONITORING 1 PILOT PROGRAM. 2 1. The department of public health, in collaboration with 3 the department of corrections, may approve an application from 4 a county for a countywide chemical substance abuse monitoring 5 pilot program that is available twenty-four hours per day, 6 seven days per week, in an effort to reduce the number of 7 crimes that have a nexus with chemical substance abuse. 8 2. The chemical substance abuse monitoring pilot program 9 shall do all of the following: 10 a. Require a person who has been charged with, pled guilty 11 to, or been convicted of a crime that has a nexus with chemical 12 substance abuse to abstain from all chemical substances for a 13 period of time. 14 b. Require the person to be subject to testing to determine 15 whether a chemical substance is present in the person’s body 16 in the following manner: 17 (1) At least twice per day at a central location where an 18 immediate sanction can be applied. 19 (2) Where testing under subparagraph (1) is impractical, by 20 continuous transdermal or electronic monitoring. 21 c. Apply sanctions when test results definitively, and 22 without presumption, indicate the presence of chemical 23 substances. 24 d. Require a person participating in the program to pay 25 program costs, including costs of installation, monitoring, and 26 deactivation of any testing devices. 27 3. A court in a county that has established a pilot program 28 pursuant to this section may order a defendant, as a condition 29 of pretrial release, probation, or bond, to participate in the 30 program. 31 4. An approved pilot program shall begin on January 15, 32 2016, or upon the effective date of department rules, whichever 33 is earlier, and shall be conducted for a minimum of one year. 34 5. The department of public health shall adopt rules 35 -1- LSB 1930YH (1) 86 ns/nh 1/ 3

H.F. 109 pursuant to chapter 17A to implement this section including 1 but not limited to provisions relating to applications for, 2 approval of, costs of, and oversight of the pilot programs and 3 reporting requirements for participating counties. 4 6. The department of public health shall submit a report on 5 the results of the pilot programs and make recommendations to 6 the general assembly by December 15, 2017. 7 7. For the purposes of this section, “chemical substance” 8 means alcohol, wine, spirits, and beer as defined in section 9 123.3 and controlled substances as defined in section 124.101. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill establishes a statewide chemical substance abuse 14 monitoring pilot program. The bill allows the department 15 of public health, in collaboration with the department 16 of corrections, to approve applications from counties for 17 countywide chemical substance abuse monitoring pilot programs. 18 The programs are to be available 24 hours per day, seven days 19 per week, in an effort to reduce the number of crimes that have 20 a nexus with chemical substance abuse. “Chemical substance” 21 includes alcohol, wine, spirits, beer, and controlled 22 substances as those terms are defined in the Code. 23 The programs shall require individuals charged with or 24 convicted of a crime involving chemical substance abuse to 25 abstain from all chemical substances for a period of time. 26 The programs are to require testing to determine whether a 27 chemical substance is present at least twice per day at a 28 central location where an immediate sanction can be applied or, 29 where such testing is impractical, by continuous transdermal or 30 electronic monitoring. The programs shall also apply sanctions 31 when test results definitively indicate the presence of a 32 chemical substance. The programs shall require participants to 33 pay program costs. 34 A court in a county that has established a pilot program 35 -2- LSB 1930YH (1) 86 ns/nh 2/ 3

H.F. 109 may order a defendant, as a condition of pretrial release, 1 probation, or bond, to participate in the program. Approved 2 pilot programs shall begin January 15, 2016, or upon the 3 effective date of department rules, whichever is earlier, 4 and shall be conducted for a minimum of one year. The 5 department of public health is to adopt rules to implement the 6 programs, including but not limited to provisions relating to 7 applications for, approval of, costs of, and oversight of the 8 pilot programs and reporting requirements for participating 9 counties. The department of public health is directed to 10 submit a report on the results of the pilot programs and make 11 recommendations to the general assembly by December 15, 2017. 12 -3- LSB 1930YH (1) 86 ns/nh 3/ 3