987,398 / 32.9% Yes votes ...... 2,015,663 / 67.1% No votes

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• Election 2002

Kid's Voting

1. Require a court to order treatment instead of incarceration for first-time or second-time offenders charged with or convicted of illegal possession or use of a drug who request treatment, have not been convicted of or imprisoned for a violent felony within five years of committing the current offense, have not been sentenced to a term of incarceration that would interfere with participation in treatment, and in the same proceeding have not been convicted of or charged with other drug-related offenses or misdemeanors involving theft, violence or the threat of violence.

2. Allow a court to order treatment instead of incarceration for eligible repeat offenders charged with or convicted of illegal possession or use of a drug who request treatment, and for offenders charged with or convicted of illegal possession or use of a drug who are also charged with or convicted of other nonviolent offenses resulting from drug abuse or addiction and who request treatment.

3. Create a Substance Abuse Treatment Fund and require the state to spend a total of two hundred and forty-seven million dollars ($247,000,000) to pay for the treatment, breaking down to nineteen million dollars ($19,000,000) for the remainder of the 2003 fiscal year and thirty-eight million dollars ($38,000,000) annually through fiscal year 2009, in addition to requiring the state to maintain its current spending to fund existing substance abuse treatment programs through fiscal year 2009, and to require the state to continue to provide adequate resources for these purposes after fiscal year 2009.

4. Limit the period of treatment a court may impose to not more than twelve (12) months, allow an extension of the treatment period for not more than six (6) more months, and allow court supervision of an offender for up to ninety (90) days after treatment.

5. Limit the sentencing of first-time, second-time, and certain repeat offenders who are eligible for treatment but who either do not request treatment or do not meet the terms of the treatment to a maximum of ninety (90) days incarceration for illegal possession or use of a drug.

6. Limit the authority of judges who place eligible offenders into treatment to remove those offenders from the programs.

7. Require a court to dismiss legal proceedings against an offender without a finding of guilt if the offender completes the treatment.

8. Allow an offender who successfully completes the treatment to have applicable records sealed and to have the conviction that prompted the request for treatment expunged, and require that the sealed or expunged records be kept confidential except for specified law enforcement and court related purposes.

ISSUE 1

FULL TEXT OF AMENDMENT

Be it resolved by the people of the State of Ohio that Article IV of the Ohio Constitution is amended to add the following section:

Section 24

(A) Intents and purposes. The purposes and intent of the voters in adding this section to the Ohio constitution are as follows:

(1) To break the cycle of drug use, addiction and crime as early as possible by guaranteeing the opportunity for treatment and rehabilitation services to non-violent drug users entering the criminal justice system.

(2) To halt the wasteful expenditure of millions of dollars each year on the incarceration and reincarceration of non-violent drug users who would be better served by more cost-effective treatment and rehabilitation, and to promote medical and public health responses to drug abuse that reject incarceration for non-violent defendants charged with drug possession or use.

(3) To provide substance abuse treatment and rehabilitation programs to non-violent defendants charged with drug possession or use, in order to reduce or eliminate substance abuse and addiction and increase the employability of such persons.

(4) To enhance public safety by reducing drug-use-related crime and by preserving jail and prison cells for serious and violent offenders, and to improve public health by reducing drug abuse and dependence through professionally supervised drug treatment programs.

(5) To rest responsibility for the treatment and supervision of non-violent defendants charged with drug possession or use with qualified treatment professionals, with appropriate links to the criminal justice system, and to ensure that drug testing is used as a treatment tool, with relapse understood to be often a part of the process of recovery signaling the need for a consequence or increase in the level of care, and not discontinuation of treatment.

(6) To maintain existing efforts in Ohio to prevent drug use and to provide treatment and rehabilitation to substance users and abusers, whether or not they are involved in the criminal justice system, without reducing funding for such efforts in order to pay for treatment and rehabilitation programs made necessary by this measure.

(B) Treatment Motion, Hearing and Assessment.

(1) If an offender is charged with or convicted of illegal possession or use of a controlled substance, the offender may file a request for treatment.

(2) Upon receipt of a request for treatment, the court shall stay all criminal proceedings related to the illegal possession or use of a controlled substance charge pending its final determination as to whether the offender is eligible under this section for treatment. The court may make its initial determination as to whether the offender is eligible for treatment with or without a hearing. This initial determination shall be made within three days of receipt of the request for treatment.

(3) If the court makes an initial determination that an offender is not eligible for treatment without conducting a hearing, the offender may, within three days, request a hearing before that determination becomes final. If the offender requests a hearing on the initial determination, within seven days thereafter the court shall conduct a hearing to determine whether the offender is eligible under this section for treatment, and the court shall enter its final determination as to whether the offender is eligible for treatment within three days of the hearing.

(4) If the court finds under division (C) of this section that the offender is eligible for treatment, the court shall demand from the offender a written commitment to proceed with an assessment by a qualified treatment professional, along with a preliminary confidentiality waiver executed by the offender.

(a) If the offender provides the documents demanded by the court, the court shall stay all criminal proceedings, including sentencing, related to the charge of illegal possession or use of a controlled substance. The court shall also order the release of the offender if the offender is in custody due to the stayed criminal proceedings, provided, however, that the court may order release of the offender into a residential treatment facility, for a period not to exceed seven days, for the purpose of conducting the assessment of the offender. No offender found to be eligible for treatment and entitled to such release shall be sentenced to a term of incarceration unless and until the offender is removed from treatment under subdivision (G) of this section.

(b) If the offender fails to provide the documents demanded by the court within a reasonable time, the offender's request for treatment may be deemed withdrawn, and the criminal proceedings against the offender may resume. An offender declared eligible for treatment but who thus withdraws a request for treatment shall be sentenced, upon conviction, to up to ninety days of incarceration, or up to ninety days of confinement in a community-based corrections facility, for the illegal possession or use offense.

(5) The court shall order an assessment of each offender found to be eligible for treatment under this section by a qualified treatment professional for the purposes of determining the offender's addiction severity and treatment needs, determining the types of drug treatment and social services that might be appropriate for the offender, and recommending an appropriate treatment plan. The assessment shall be completed within seven days of the court's determination that the individual is eligible for treatment under this section, unless the qualified treatment professional notifies the court that additional time is required.

(6) If the court finds that an offender is not eligible for treatment under this section, the criminal proceedings against the offender may proceed as if the offender's request for treatment had not been made.

(C) Eligibility for Treatment.

(1) A first- or second-time offender shall be eligible for treatment if the court finds all of the following:

(a) The offender is charged with illegal possession or use of a controlled substance;

(b) The offender has not been convicted of or imprisoned for a violent felony within five years of committing the current offense;

(c) The offender has not been sentenced to a term of incarceration that would interfere with the offender's participation in the treatment plan; and,

(d) In the same proceeding, the offender has not been convicted of and does not have pending charges for:

(i) any felony other than an illegal possession or use offense, or any misdemeanor involving theft, violence or the threat of violence;

(ii) an offense of trafficking, sale or manufacture of controlled substances;

(iii) an offense of possession of controlled substances with the intent or for the purpose of trafficking, sale or manufacture of controlled substances; or,

(iv) an offense of illegally operating a motor vehicle under the influence of alcohol or a controlled substance.

(2) A repeat offender shall be eligible for treatment if the court finds both of the following:

(a) The offender satisfies all of the eligibility requirements of division (C)(1)(a)-(d) of this section; and,

(b) The requested treatment is in the best interests of the offender and the public.

If the court denies the request for treatment of a repeat offender who satisfies all of the eligibility requirements of division (C)(1)(a)-(d) of this section, the offender may be sentenced to up to ninety days of incarceration, or up to ninety days of confinement in a community-based corrections facility or halfway house, for the illegal possession or use offense.

(3) If an offender does not qualify under division (C)(1) or division (C)(2) of this section solely due to the offender's failure to satisfy the eligibility requirement of division (C)(1)(d)(i) of this section, the offender may nonetheless be found eligible for treatment if the court finds all of the following:

(a) The offense or offenses do not include a violent felony or any misdemeanor involving violence or the threat of violence;

(b) The offense or offenses resulted from the offender's drug abuse or addiction;

(c) Treatment of the individual is in the best interests of the offender and the public; and,

(d) The individual has not been proved to pose a danger to the safety of other persons.

(D) Treatment Plan. If the court grants an offender's request for treatment:

(1) The qualified treatment professional designated by the court under division (B)(5) of this section, after conducting an assessment of the offender, shall determine the type and duration of the treatment program or programs that the offender shall receive, and the methods of monitoring the offender's progress while in treatment. The qualified treatment professional shall prepare and submit this treatment plan to the court with a list of treatment providers capable of administering the proposed treatment program or programs.

(2) The court shall review this treatment plan and shall adopt the treatment plan as submitted if the court finds that the plan complies with this section and is otherwise satisfactory. If the treatment plan as submitted is found not to comply with this section or to be otherwise unsatisfactory, the court shall request the designated qualified treatment professional to submit a revised treatment plan to the court.

(3) The court shall designate an appropriate treatment provider to administer the treatment plan adopted by the court from the list of treatment providers included in the qualified treatment professional's treatment plan. The designated treatment provider shall provide all services called for in the treatment plan, or ensure access to any services not offered by the provider. The qualified treatment professional who submitted the treatment plan shall not be appointed as the treatment provider unless no other treatment provider is available to administer the treatment plan.

(4) The court shall designate a qualified treatment professional, which may be the same professional that has assessed the offender, to serve in a continuing role as an independent monitor of the offender's progress in treatment. This independent monitor shall communicate with the offender, the treatment provider and the court as necessary to ensure that the offender is receiving treatment and rehabilitation services called for in the treatment plan, to evaluate progress, to make recommendations to the court on possible changes to the treatment plan for the offender and to ensure the appropriate and effective implementation of the treatment plan.

(5) The court may add reasonable conditions to the offender's terms of release to ensure compliance with the treatment plan and other court orders.

(6) The court may require an offender who is reasonably able to do so to pay all or a portion of the cost of the offender's participation in a treatment plan. However, such payment requirement shall not be so burdensome as to make participation in a treatment plan inaccessible, nor shall such payment requirement be excessive or punitive.

(7) The court shall not require the offender to waive confidentiality of medical or treatment information as a condition for participating in a treatment plan, except that the offender may be required to give written consent for the disclosure to the court of drug and alcohol abuse treatment information by the treatment provider, including objective data generated during treatment, but not including confidential communications. Such written consent shall be non-revocable, and shall be in a form that meets the requirements of all applicable federal and state laws and regulations governing the confidentiality of drug and alcohol abuse treatment information.

(8) If the offender does not consent to the treatment plan and the terms and conditions imposed by the court, the offender's request for treatment may be deemed withdrawn and the criminal proceedings against the offender may resume, except that no otherwise confidential drug or alcohol abuse treatment information made available to the court may be used by any person in this or in other civil or criminal proceedings without the offender's further written consent. An offender declared eligible for treatment but who thus withdraws a request for treatment shall be sentenced, upon conviction, to up to ninety days of incarceration, or up to ninety days of confinement in a community-based corrections facility, for the illegal possession or use offense.

(9) The court shall require the offender to participate in and cooperate with the treatment program of the designated treatment provider for a period of time designated in the treatment plan, not to exceed twelve months. This period of time may be extended only if, based on information provided by a qualified treatment professional who has assessed the individual, the court finds by clear and convincing evidence that an extension of such period is necessary for treatment to be successful. No extension of the period of time designated for an offender's treatment plan shall exceed an additional six months. Under no circumstances shall the total time period of treatment required under this section exceed a total of eighteen months; nor shall court supervision of any offender extend more than ninety days beyond the end of treatment.

(10) The court shall order the offender to appear for treatment according to the treatment plan no later than fourteen days after the court has found the offender to be eligible for treatment, unless the court, because of lack of space or other good cause shown, authorizes an extension of the date for entry into treatment.

(E) Modification of Treatment Plan at Treatment Provider's Initiation.

(1) Nothing in this section shall be construed to require a treatment provider to retain an offender who commits a major violation of that program's rules or who repeatedly fails to make required payments.

(2) If at any point during the course of treatment, the treatment provider determines that the treatment being provided is unsuitable for the offender, or that it is impracticable for the treatment provider to continue to administer the treatment plan, the treatment provider shall so notify the court and the qualified treatment professional serving as the independent monitor of the offender's treatment plan.

(3) If at any point during the course of treatment, the treatment provider notifies the court that the treatment being provided is unsuitable for the offender, or that it is impracticable for the treatment provider to continue to administer the treatment plan, the court, after notice and an opportunity for a hearing, and subject to the recommendation of a qualified treatment professional, may modify the terms of the treatment plan and/or designate a new or additional treatment provider to ensure that the offender receives an alternative treatment program or related programs. If the court does not modify the treatment plan, the court may request that the originally designated treatment provider resume care for the offender.

(F) Modification of Treatment Plan at Independent Monitor's Initiation.

(1) If, at any point during the course of treatment, the qualified treatment professional designated as the independent monitor for an offender's treatment plan determines that the treatment being provided is unsuitable for the offender, or determines that necessary services are not being provided or will not be provided as called for in the treatment plan, the independent monitor shall so notify the court.

(2) If, at any point during the course of treatment, the qualified treatment professional designated as the independent monitor for an offender's treatment plan notifies the court of problems described in subdivision (F)(1) above, the court, after notice and an opportunity for a hearing, and subject to the recommendation of a qualified treatment professional, may modify the terms of the treatment plan and/or designate a new or additional treatment provider to ensure that the offender receives an alternative treatment program or related programs as necessary to address the problems or deficiencies reported by the independent monitor. If the court does not modify the treatment plan, the court may order the originally designated treatment provider to resume care for the offender.

(G) Program Violations, Consequences, Increased Level of Care, Removal from Treatment Plan.

(1) Consequences of Removal.

(a) If an offender who has not been convicted of the illegal possession or use of a controlled substance charge that gave rise to the request for treatment is removed from a treatment plan pursuant to the provisions of this subdivision, the offender may be tried, and if convicted may be sentenced to up to ninety days of incarceration, or up to ninety days of confinement in a community-based corrections facility or halfway house, for the illegal possession or use offense.

(b) If an offender who has been convicted of the illegal possession or use of a controlled substance charge that gave rise to the request for treatment is removed from a treatment plan pursuant to the provisions of this subdivision, the offender may be sentenced to up to ninety days of incarceration, or up to ninety days of confinement in a community-based corrections facility or halfway house, for the illegal possession or use offense.

(c) If an offender is removed from a treatment plan pursuant to the provisions of this subdivision, and has had additional criminal charges or convictions stayed by the court, prosecution, conviction or sentencing for such additional charges may be conducted without limitation by the provisions of this section.

(2) Non-Drug Related Violations. Where an offender participates in a treatment plan and violates the terms of that treatment plan either by committing an offense that is not an illegal possession or use of a controlled substance offense, or by violating a non-drug-related condition set by the court, the court shall conduct a hearing to consider evidence of the offense or violation, and to determine whether the offender shall be removed from treatment, shall have the level of care increased or shall be otherwise sanctioned.

(a) If the offender has been convicted of a new offense that is not illegal possession or use of a controlled substance, the court may remove the offender from the treatment plan provided that the court also finds by a preponderance of the evidence at least one of the following:

(i) the severity of the offense justifies removal, or

(ii) the offense indicates that the individual poses a danger to the safety of other persons.

(b) If the alleged violation of a non-drug-related condition of the treatment plan is proved by clear and convincing evidence, the court may remove the offender from the treatment plan provided that the court also finds by a clear and convincing evidence at least one of the following:

(i) the severity of the violation justifies removal, or

(ii) the violation indicates that the individual poses a danger to the safety of other persons.

(c) If the court does not remove the offender from treatment after finding that an offense or violation occurred, the court may amend the offender's treatment plan to modify or intensify the form of treatment and to extend the period of treatment, subject to the recommendations of a qualified treatment professional, and may impose proportionate sanctions for the offense or violation.

(3) Drug-Related Violations.

(a) Where an offender participates in a treatment plan and is alleged to have committed a severe drug-related violation or multiple drug-related violations of that plan, the court may hold a hearing to consider evidence of the violation or violations and necessary responses, including sanctions, amendment of the treatment plan to modify or increase the level of care, or removal of the offender from treatment.

(b) If, at the hearing, the court finds by clear and convincing evidence that an offender did commit the alleged drug-related violation or violations, and the court finds this conduct to represent a serious disruption of the treatment plan, the court shall proceed as follows:

(i) If the court has not previously found the offender to have committed a serious disruption of the treatment plan during the current course of treatment, the court shall consider evidence that the offender poses a danger to the safety of other persons. Provided that the court so finds by clear and convincing evidence, the court may remove the offender from treatment. If the court does not find that the offender poses a danger to the safety of other persons, the court may amend the offender's treatment plan to modify or intensify the form of treatment and to extend the period of treatment, subject to the recommendations of a qualified treatment professional, and may impose proportionate sanctions for the serious disruption of the treatment plan, not including incarceration.

(ii) If the court has once previously found the offender to have committed a serious disruption of the treatment plan during the current course of treatment, the court shall consider evidence that the offender poses a danger to the safety of other persons or is unamenable to treatment. Provided that the court finds by clear and convincing evidence that the offender either poses a danger to the safety of other persons or is unamenable to treatment, the court may remove the offender from treatment. If the court does not so find, the court may amend the offender's treatment plan to modify or intensify the form of treatment and to extend the period of treatment, subject to the recommendations of a qualified treatment professional, and may impose proportionate sanctions for the serious disruption of the treatment plan, not including incarceration.

(iii) If the court has more than once previously found the offender to have committed a serious disruption of the treatment plan during the current course of treatment, the court may remove the offender from treatment. If the court does not remove the offender from treatment, the court may amend the offender's treatment plan to modify or intensify the form of treatment and to extend the period of treatment, subject to the recommendations of a qualified treatment professional, and may impose proportionate sanctions for the serious disruption of the treatment plan.

(c) Treatment period extension; limitation. If the court extends the period of treatment pursuant to this subdivision, the total period of treatment required shall not exceed eighteen months.

(H) Completion of Program; Benefits; Limitations.

(1) If the court grants an offender's request for treatment prior to a conviction for an illegal possession or use offense, and the treatment provider notifies the court that the offender has completed the treatment plan, or the treatment plan as modified, the court shall dismiss the stayed proceedings against the offender without an adjudication of guilt and there shall not be a criminal conviction for purposes of any disqualification or disability imposed by law and upon conviction of a crime. Notwithstanding such dismissal of proceedings, the court may order continued supervision of the offender for up to ninety days.

(2) If the court grants an offender's request for treatment after a conviction for an illegal possession or use offense, and the treatment provider notifies the court that the offender has completed the treatment plan, or the treatment plan as modified, the court shall dismiss the stayed proceedings against the offender. Notwithstanding such dismissal of proceedings, the court may order continued supervision of the offender for up to ninety days.

(3) If the court grants an offender's request for treatment and the treatment provider notifies the court that the period of time designated in the treatment plan, or the treatment plan as modified, has expired, but, in the opinion of the treatment provider, the offender has not successfully completed the treatment plan, then the court may, after consultation with the treatment provider and the qualified treatment professional who has served as the independent monitor of the offender's treatment plan, take any of the following actions:

(a) Order a modification of the treatment plan and extension of the period of treatment, provided that such extension does not cause the total required treatment period to exceed eighteen months;

(b) Dismiss the stayed proceedings, terminate the treatment plan and order continued supervision, but not incarceration, of the offender for a period of up to ninety days; or

(c) Dismiss the stayed proceedings and terminate the treatment plan with a finding that the offender has either:

(i) completed the treatment plan without a determination of successful completion, or

(ii) in the opinion of the court and the independent monitor of the offender's treatment plan, successfully completed the treatment plan.

(4) Any time after ninety days subsequent to an offender's completion of a treatment plan, or a treatment plan as modified, the offender may file a motion for the sealing of records and, if applicable, the expungement of the conviction that gave rise to the request for treatment. Upon receipt of such a motion the court shall consult with the treatment provider and, in the court's discretion, the qualified treatment professional who served as the independent monitor of the offender's treatment plan, to determine whether the offender has successfully completed treatment. If the court so finds by a preponderance of the evidence, the court shall, as applicable to the case, order the sealing of records related to the offender's charge or conviction for illegal possession or use of a controlled substance, and expunge any conviction.

(5) Notwithstanding the sealing of records related to the offense in question or the expungement of any conviction, law enforcement agencies shall keep records of offenders' arrests, convictions and referrals to treatment for illegal possession or use of a controlled substance. Such records shall be maintained for the exclusive law enforcement purposes of enabling prosecutors and the courts to have information about the number of prior illegal possession or use offenses on record for a person later charged with or convicted of illegal possession or use, and to conduct criminal record checks for persons applying for a position as a law enforcement officer. With these exceptions, all law enforcement records of sealed or expunged records of illegal possession or use offenses shall be confidential and not subject to any disclosure.

(6) Neither the successful completion of the treatment plan, nor the sealing of records, nor the expungement of a conviction under this section relieve an offender of the obligation to disclose the arrest and any expunged conviction in response to any direct question contained in any questionnaire or application for a position as a law enforcement officer.

(I) Funding for Treatment.

(1) The agency serving at the time of enactment of this section as the Single State Agency for Alcohol & Drug Addiction Treatment Services is hereby designated to direct implementation of the programs required by this section, and shall be referred to as the lead agency. Such agency or department, or its successor agency, shall meet the following criteria:

(a) The department has a mission that is primarily concerned with prevention and treatment of alcohol and controlled substance problems and addiction;

(b) The department has a demonstrated capacity for administering funds for multiple types of treatment programs; and,

(c) The department has affiliated agencies or bodies in counties or multi-county regions to which funds may be distributed.

(2) The General Assembly shall enact legislation and the lead agency shall promulgate regulations for the implementation of this section consistent with its purposes and intent. The lead agency shall ensure that recipient counties or multi-county regional bodies provide a diversity of treatment programs to ensure the availability of a continuum of services from low-threshold to residential drug treatment, as well as services designed for the special needs of women and parents, pregnant women, and other culturally and linguistically diverse populations.

(3) A special fund to be known as the "Substance Abuse Treatment Fund" is hereby created within the state treasury for carrying out the purposes of this section.

(4) Upon enactment of this Amendment there is hereby appropriated $19 million from the state General Revenue Fund to the Substance Abuse Treatment Fund for the remainder of the 2003 fiscal year, to pay for the costs of preparing state and local government entities and treatment programs for implementation of this measure. For each fiscal year thereafter, beginning with the 2004 fiscal year and until and including the 2009 fiscal year, there is hereby appropriated annually from the General Revenue Fund to the Substance Abuse Treatment Fund $38 million in constant 2003 dollars. An annual calculation of constant 2003 dollars shall be made based on the Consumer Price Index for Ohio, as reported by federal agencies. Notwithstanding Section 22, Article II, or any other provision of this Constitution, no further act of appropriation shall be necessary for such annual appropriations to occur. Such funds shall be transferred to the Substance Abuse Treatment Fund no later than the first day of each fiscal year. After the 2009 fiscal year, the amount of funding required by this section shall become discretionary and subject to routine budgetary processes, provided that adequate resources are appropriated to continue the purposes set forth in this section.

(5) The State of Ohio shall maintain its prior efforts to provide substance abuse treatment and rehabilitation during at least the first six fiscal years following passage of this section. During this six-fiscal-year period, and concluding with fiscal year 2009, funds appropriated to pay for treatment programs under this section shall supplement, and not supplant, funding for substance abuse prevention and treatment programs and other related rehabilitation programs and support services, such as vocational training, literacy training, family counseling, and mental health services, operating prior to the enactment of this section. During this six-fiscal-year period, the General Assembly shall continue to appropriate funds for substance abuse prevention and treatment programs and other related rehabilitation programs in amounts equal to or greater than the amounts appropriated for substance abuse prevention and treatment programs and other related rehabilitation programs in fiscal year 2001, in constant 2003 dollars, without taking into account any funds from the Substance Abuse Treatment Fund.

(6) Except as otherwise provided herein, the director of the lead agency shall distribute annually all monies appropriated to the Substance Abuse Treatment Fund to the department's affiliated agencies or bodies in counties or multi-county regions to pay for the costs of providing treatment programs for offenders eligible under this section and for persons placed in treatment as a result of drug-related violations of the terms of judicial release or supervised release from prison.

(7) The director of the lead agency shall determine the allocation of the monies from the Substance Abuse Treatment Fund to each county or multi-county regions through a fair and equitable distribution formula for estimating the need for funds that includes factors such as population, the number of arrests for illegal possession or use of a controlled substance, substance abuse treatment and rehabilitation services caseload, the need for infrastructure and professional development to provide treatment and rehabilitative services, and such other factors as the director of the lead agency may deem appropriate. The lead agency may also reserve up to five percent of the funds available in the Substance Abuse Treatment Fund to pay for the lead agency's administrative costs associated with implementing this section, and may reserve up to one percent of the funds available to pay for a long-term study of the offender populations and treatment programs affected by this section.

(8) Each county or multi-county region shall spend at least 85 percent of the funds distributed under this article on the provision of community-based treatment and rehabilitation services and case management services to offenders eligible under this section or persons who commit drug-related violations of the terms of judicial release or supervised release from prison. No county or multi-county region shall, in any fiscal year, devote more than 15 percent of the funds provided under this section to non-treatment expenses made necessary by the provisions of this section, including, but not limited to, administration costs for treatment providers, transportation for offenders to treatment, additional probation department costs and court costs. The director of the lead agency may stipulate permissible uses of such non-treatment funds, and may annually set the percentage of available funds that may be used for treatment of persons on judicial release or supervised release from prison.

(9) Each county or multi-county regional body receiving funds shall be required to submit to the lead agency annual reports or more frequent reports, subject to annual audits by the Auditor of State, detailing the use of funds provided under this section.

(10) The lead agency shall annually collect and publish data to evaluate the effectiveness and financial impact of the treatment programs implemented under this section. The study shall include, but not be limited to, a review of the implementation process; case dispositions for offenders found eligible for treatment under this section; any changes in overall drug-related costs of probation, incarceration, and supervised release; changes in recidivism rates for non-violent drug offenders; reductions in crime; reductions in prison and jail construction; changes in health outcomes for drug users; reduced welfare costs; employment levels for persons completing treatment elected under this section; comparisons of treatment modalities; adequacy of funds appropriated; and other impacts or issues identified by the department. The lead agency shall also seek to collect data on the race, gender and age of drug offenders, demographic information on types and numbers of controlled substances arrests, prosecutions, diversions to treatment under this section and otherwise, and rates of completion of treatment.

(J) Limited Scope of Treatment Right. Nothing in this section prohibits the general assembly from authorizing treatment or treatment in lieu of conviction for persons not otherwise eligible under this section.

(K) Definitions. As used in this section,

(1) "Illegal possession or use of a controlled substance" means a violation of Ohio civil or criminal statutes involving having, holding, controlling, obtaining or storing a quantity of a controlled substance determined by the court to be consistent with personal consumption; or consuming, using or being under the influence of a controlled substance; and including other non-violent illegal acts incidental to drug possession or use, such as possession of drug paraphernalia, purchase of a controlled substance and transportation of a controlled substance merely as an extension of possession for personal use. For the purposes of this definition, a controlled substance is any plant, drug, medicine or other psychotropic substance whose consumption by adults is not generally permitted without regulation.

(2) "Treatment program" or "treatment" mean an appropriately licensed and/or certified treatment and/or rehabilitation program or set of programs, designed to reduce or eliminate substance abuse or drug dependency and to increase employability. Such program or programs may include outpatient treatment, halfway house treatment, sober living environments, narcotic replacement therapy, drug education or prevention courses, and/or limited inpatient or residential drug treatment as needed to address special detoxification or relapse situations or severe dependence. Such program or programs shall also include, as deemed appropriate, access to vocational training, literacy training, family counseling, mental health services or similar support services. A United States Veterans Administration treatment facility may also serve as a treatment program for an appropriate offender, irrespective of state licensure or certification. The terms "treatment program" or "treatment" shall not include programs offered in a prison or jail facility or within other forms of incarceration.

(3) "Treatment provider" means an appropriately licensed and/or certified provider, facility or licensed and credentialed professional recognized by the lead agency that provides a "treatment program."

(4) "Qualified treatment professional" means an individual who is appropriately credentialed by certification or license and who has specialized knowledge, skill, experience, training or education in the areas of mental health, substance abuse or addiction therapy and who has the expertise needed to conduct the addiction and life skills assessments necessary to determine an offender's suitability to one or more forms of treatment and to recommend an appropriate treatment plan and/or to serve as an independent monitor of an offender's treatment plan.

(5) "Request for treatment" or "request" means a motion filed by an individual facing charges of illegal possession or use of a controlled substance or who has been convicted of such an offense. The request shall include a waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment or arraignment has already occurred.

(6) "Preliminary confidentiality waiver" shall mean a defendant's written consent for limited disclosure of information to the court by a qualified treatment professional to be designated by the court, as necessary to and as provided for in division (B)(5) of this section for the assessment of the individual and the creation of a treatment plan for the individual. Such written consent shall be non-revocable, and shall be governed by, and in a form that meets the requirements of, federal and state laws and regulations protecting the confidentiality of drug and alcohol abuse treatment information.

(7) "Violent felony" means any felony that includes as one or more elements of the offense proof that the offender has caused or threatened to cause any injury, illness or other physiological impairment to any person.

(8) "Repeat offender" means a person who is charged with or convicted of an offense of illegal possession or use of a controlled substance and, within the previous five years:

(a) Has had two or more prior convictions for illegal possession or use of a controlled substance after the enactment of this section; or,

(b) Has participated in two or more prior courses of treatment under this section.

(9) "First- or second-time offender" means a person who is charged with or convicted of an offense of illegal possession or use and is not a repeat offender; or a person who, at the effective date of this section, is out of custody and on probation or under community control for an illegal possession or use offense, and commits a drug-related violation of the terms of probation or community control.

(10) "Unamenable to treatment" means that an offender:

(a) Has repeatedly committed serious violations of treatment program rules that inhibit the offender's ability to function in the treatment program,

(b) Has continually refused to participate in the treatment program, or

(c) Has asked to be removed from the treatment plan adopted by the court.

(11) "Objective data" means confidential drug and alcohol treatment information that is specific and quantified, such as attendance records, drug test results and progress reports, and does not include confidential communications made by a patient to a treatment provider or program in the course of diagnosis, treatment or referral for treatment for drug or alcohol abuse.

(L) Effective Date. Except for those portions of subdivision (I) of this measure requiring immediate effect, this section shall take effect on the first day of July following the election at which it is approved, and shall apply to all qualifying charges, convictions and criminal sentences pending before the court from that day forward.