DUI Assessment & Medication Assisted Treatment (MAT)

Summary

ALEC has long recognized that using corrections resources more effectively by redirecting prison-bound offenders whose criminal conduct is driven in part by drug and alcohol dependence to alternatives to incarceration, such as intensive supervision and clinical treatment available via drug courts and other treatment programs. These programs have been proven to reduce recidivism rates and assist the individual in addressing their substance abuse issues and become better members of their respective communities.

DUI Assessment & Medication Assisted Treatment (MAT)

Section 1

If the person has two (2) or more prior Driving Under the Influence (DUI) convictions, the court shall order the person to undergo an assessment that uses a standardized evidence-based instrument performed by a provider to determine whether the person has a diagnosis for alcohol and/or drug dependence and would likely benefit from a court-approved medication-assisted treatment indicated and approved for the treatment of alcohol and/or drug dependence by the United States Food and Drug Administration, as specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

Section 2

A court shall grant a request for an independent assessment and shall consider the results of the independent assessment along with the assessment required under this subsection when determining if the court will refer the person to a rehabilitative program that offers 1 or more forms of United States Food and Drug Administration-approved medications for the treatment of alcohol dependence. Only a provider may recommend that a person take medication-assisted treatment. A person always maintains the right to refuse ingestion or injection of medication. Only a provider may determine the type, dosage, and duration of the medication-assisted treatment. If the person refuses to take the medication-assisted treatment, the court shall not hold that person in contempt.

Section 3

All drug and intervention courts shall make available the option for participants to use court-approved medication-assisted treatment while participating in the programs of the court in accordance with the recommendations of the National Drug Court Institute. The State Court Administrator’s Office shall provide training for the courts on the new regulations, general disease state information for Alcohol Use Disorder, and appropriate evidence-based treatment options; including all FDA approved forms of medication-assisted treatment for Alcohol Use Disorder.