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Task Force

Final Report
1.3 MB file - may take several minutes to open
Appendix A
Appendix B
(all in PDF format)

Members

Minutes
Aug 14-15,'02
Jul 17-18,'02
May 23, 2002
Apr 18, 2002
Mar 25, 2002
Mar 4, 2002
Feb 6, 2002

Alcohol, Tobacco and Other Drug Control Policy Task Force

Office of the Governor  -   Attorney General's Office

April 18, 2002
Great Falls, MT

Meeting Summary

TASK FORCE MEMBERS PRESENT:  Jerry Archer, Mike Batista, Mary Fay, Duane Grimes, Mary Haydal, Joey Jayne, Cathy Kendall, Marko Lucich, Janet Meissner, Roland Mena, Steve Morris, Bill Muhs, Karen Olson-Beenken, Peg Shea, John Strandell.  Facilitated by Sandy Mack

AGENDA TOPICS

8:00 am - 12:00 pm

  • Start-up:
    • Welcome & Opening Prayer
    • Review Agenda & Meeting Summary Approval
    • Travel Reminders
  • Desired Outcomes - Discussion & Agreement
  • Review & Update Time-Line and Tasks

1:00 pm - 4:00 pm

  • Working Summit - Information Exchange with Public and Experts in the field

MEETING SUMMARY

Participants approved the March 25, 2002 meeting summary.  It will be posted on the Task Force Web Site.

http://www.discoveringmontana.com:/gov2/css/drugcontrol/default.asp

TRAVEL REMINDERS

Roland reminded Task Force Members of the travel reimbursement rules.  We are now to use the Non-Employee Expense Vouchers which are the yellow, legal size sheets.  Actual dollar amounts must be entered for mileage, meals and lodging and should not exceed the allowable rates.  Receipts are needed for lodging and should be submitted with the Expense Voucher.

Review of allowable rates (Note: This was not reviewed specifically at meeting but presented here at the request of Roland):

Mileage: 34.5¢ per mile.

Meals: You must travel for more than 3 continuous hours and travel more than 15 miles from home.

Morning meal                         $5
Midday meal                          $6    (Note:  Task Force Meeting Lunches already paid for.)
Evening meal                        $12   
Total per day                        $28

Lodging:                              $35 per night plus tax.  Receipt required.

DESIRED OUTCOMES

Task Force Members reviewed each of the Desired Outcomes drafted by the three Work Groups.  The Desired Outcomes were approved, deleted or modified and/or combined until they were acceptable to all parties and approved.  The Task Force Members then "prioritized" the desired outcomes.  Each Task Force Member individually identified which Desired Outcomes they felt are most critical by "voting" with six stickers.  The prioritization is intended to help Work Groups focus the development of strategies and policies on the most critical Desired Outcomes if time and resources are limited. No approved Desired Outcomes will be eliminated.   The results follow.

Treatment - Desired Outcomes

# of "priority votes"

Desired Outcome

10

A treatment delivery system that is responsive to treatment demands, geographical issues and specific target populations (including, reservation and urban Native American populations, correctional populations, women and youth).  This includes a system that is specific to drug types, is accessible, affordable and that considers family needs.

8

An informed citizenry regarding the process of addiction, impact of drugs and treatment strategies.

6

A comprehensive evaluation of … "What are we doing and is it working?"

3

A system of professional development to increase the knowledge and support of "allied service providers" for identification and referral for chemical abuse and dependency.

2

An effective process for families and service providers for intervention with chemical abusing and addictive behaviors that is effective.

2

Comprehensive and uniform treatment standards for youth and adult offenders in all phases of community and institutional corrections programs.

2

A sustainable professional chemical dependency workforce who are adequately trained, compensated and equipped to address the needs presented in the state.

1

"Adequate" funding for necessary and effective treatment.

0

A statewide, uniform and consistent DUI process strategy for clinical assessment, treatment, and education.

0

Families (of substance abusers) are engaged and involved in treatment.

0

Effective treatment response for youth and adult who are both chemical dependent and have mental illness.

0

Consistency throughout the treatment system with the application of Best Practices and standardized assessment methods.

0

Access to Family Planning (TANIF, MEDICADE); Education (FAE/FAS); Pre-natal care and chemical dependency treatment and support programming designed for females (including felons).

Judicial - Desired Outcomes

# of "priority votes"

Desired Outcome

11

Reduced underage alcohol, drug and tobacco consumption and concomitant problems. (Note: Members noted this relates to consent issue and minors in possession laws.)

7

A strong and cohesive legal framework for combating DUI problems.

4

Immediate sanctioning (which may require sufficient jail space in all communities) when substance abuse offenders enter the criminal justice system. Alternative Sentencing is used when appropriate.

3

Reduced revocations for alcohol/drug use (relapse).

1

Comprehensive statewide plan that focuses on prevention treatment, and deterrence.

1

Increased penalties for drug trafficking, manufacturing and use, coupled with treatment opportunities.

1

Effective inter-jurisdictional cooperation.

1

Consistent understanding of drugs, alcohol and tobacco issues in Montana.

0

Accessible and timely assessments, treatment programming and on-going support groups for those substance abusing offenders within the criminal justice system. (Note: Members noted a potential strategy for this, which was originally presented as a desired outcome, was immediate jail sanctions for violations of alcohol/drug use @ offender's expense or Sanction Center for up to 90 days w/treatment.

0

A comprehensive plan to deter manufacturer and sale of meth; cleanup of sites and contamination; and increase education.

0

A clear medical protocol for treatment of youth, and allied professionals, at meth sites.

Prevention - Desired Outcomes

# of "priority votes"

Desired Outcome

10

State and local leadership support investment in scientifically defensible prevention practices because they understand and are convinced of prevention's value.

9

A comprehensive statewide plan for alcohol, tobacco and other drug abuse prevention education.  The plan would include education for parents, caregivers, youth, allied service providers, the media and the public in general.  Implementation of the plan would result in informed attitudes and beliefs, and appropriate cultural norms towards the use and abuse of alcohol, tobacco and other drugs. 

1

Youth understand the manipulative techniques used by the media, product marketers and drug traffickers.   They understand the difference between medicinal prescription drug use and drug abuse.

0

State & local leaders are role models of a positive prevention lifestyle. (Note: In strategies include schools and teachers)

0

A standardized systemic planning approach to prevention that incorporates risk & protective factors &/or assets that educate and support individuals, families, communities and schools.

0

Prevention funding allocations are based on established outcomes and there are incentives for melding or "braiding" of prevention funds at the local level.

0

Media messages directed at swaying or recruiting minors - or that portray the misuse or abuse of alcohol, tobacco and illicit drugs are limited.  Honesty in advertising is enforced.

One Desired Outcome from the Judicial Work Group was set aside for further discussion.  The wording of that outcome is… "The majority of the financial burden for these programs should be on substance offenders and users (alcohol, tobacco and other drugs)."  This outcome was not acceptable to all parties but some felt strongly that it should be retained.  There was not sufficient time to come to resolution during this meeting and so it will be an agenda item at our next meeting.

TIME-LINE AND TASKS

Prior to May 13th Work Groups will brainstorm strategies and policies that will help us meet the stated desired outcomes (i.e. The Treatment Work Group will develop strategies for Treatment's Desired Outcomes etc.).  The Work Groups will then prioritize the list of strategies and email them to Sandy by May 13th.  Sandy will compile and edit the strategies from all three Work Groups and e-mail them to Task Force Members by May 16th.  Task Force members should then review the strategies and be prepared to discuss them at our next meeting on May 23rd (in Miles City).

At the Bozeman meeting we should discuss funding information for our strategies and brainstorm sources and ideas.

Upcoming Task Force Meeting Information

Fifth Meeting -- Thursday, May 23 (Miles City)

8:00 am - 4:30 pm

Meeting will be at the Town & Country Club (232 - 1600; Southwest of Miles City). Rooms are available at the Comfort Inn at the state rate. (1615 South Haynes Ave.; 406-232-3141).

Sixth Meeting -- Thursday, July 18 (Bozeman)

8:00 am - 4:30 pm

Holiday Inn, (5 Baxter Lane; 406-587-4561)

Seventh Meeting (Final) -- Wednesday, Aug 14 (Helena)

8:00 am - 4:30 pm

State Capitol, Room 152

WORKING SUMMIT (Public and Expert Input and Comments)

Twenty six people attended the Working Summit from 1:00 pm - 4:00, including: Randy Anderson, GF Indian Family Health Clinic; Kristi Blazer, Montana Beer & Wine Wholesalers Association; Jean Branscum, Governor's Office; Tim Callahan, HD 43 Youth Court; Chris Christiens, State Senator; Roger Curtiss, RMTC; Dan Gregor, CMR H.S. Assoc. Principle; Dan Haffey, Butte Chem Dep.; Galen Hollenbaugh, Attorney General's Office; Judy Kolar, Gateway Recovery Center; Rickey Linafelter, Montana Landowner Association - State President; Dave McAlpin, Protect MontanaKids.org; Jesse O'Hara, CMR High School; Earlene Ostberg, CMR HS; Dennis Paxinos, Yellowstone Co Atty.; Cynthia Reechenbach, Dept. of Labor; Al Recke, Cascade Co. DUI Task Force; Casey Rudd, Connection; Fred Sodonke, Citizen; Mark Staples, Montana Tavern Assn.; Phil Tambornino, RMTC; Ed Thamke, MT DEQ; Katherine Thompson, Flathead CARE and SDFS; Kari Wagner, Cooperative Health Center; Gladys Williams, M.L.A.

Fourteen people offered input and comments to the Task Force. Some of these individuals provided written comments as well which will be sent to task force members and posted on the Task Force's web site ( http://www.discoveringmontana.com:/gov2/css/drugcontrol/default.asp).   {Note: Since permission was not requested from submitters to post written comments on the web site they will not be posted - spm} It is noted below if specific written comments were submitted and no attempt to provide an "overview" is made. All parties are welcome to submit written comments to assure their interests and comments are clearly portrayed. A general "overview" of comments follows (Notes taken by Al Recke).

Dennis Paxinos - Yellowstone County Attorney; President of the Montana County Attorney's Association; Member, MT United Saving Lives.

Has been in law enforcement for 17 years and has seen a drastic increase in felonies, initially 300 per year now 1200.  Alcohol and drugs are the biggest problem driving this increase.  He has "seen the light" that we can't keep imprisoning these people.  We need to 1) Change our cultural attitude - drug and alcohol abuse is not tolerated as a society 2) Offer treatment - we need to put money here, 3) Protect society from repeat offenders.  Task Force Question: Are you referring to 4th offense felony, or something different? The reality is that when someone is caught driving under the influence it's not their first time drinking and driving.  If they have 2, 3, or 4 DUI's they have a serious drinking problem!  With the 1st DUI treatment should be optional.  With the 2nd DUI treatment should be mandatory. A 4th DUI should require secured facility and treatment.  

The County Attorney's Association drafted legislation for recommending .08 blood alcohol content level. This change from .1 to .08 is based on new impairment analysis that shows that impairment occurs at .08.

They also recommend graduated licenses for minors (i.e. Can't drive after dark) and MIP legislation.  Alcohol related deaths are the #1 killer of 18-24 year olds. We need to break the cycle early.  Task Force Question: With a change to .08 and 4th time felony where are you going to put all these people? We need to provide treatment so we lower the number of DUI's and repeat offenders in prison. 

The County Attorney's Association is recommending several bills - 7-8 different statutes.  They would like the Task Forces' endorsement of their proposals. Dennis will get the information to Sandy. (Duane recommended that the Task Force review the proposals and discuss endorsement at their last meeting in August.)

We have not raised taxes on alcohol, tobacco etc. In 25 years.  We should and return the money to counties/state to pay for treatment.

Task Force Question:  Are there any facilities that have worked? Yellowstone County has formed Family Court and are funding it through grants.  Meth is the priority for these.

Task Force Question:  What prevention programs have worked? Prevention equals a change in attitude about the use of alcohol and drugs.  Schools provide information but when there is actual use (possession) we need to focus on treatment early in the cycle of use.

Roger Curtiss - Executive Director Rocky Mountain Treatment Center

Roger is celebrating his 23rd birthday of recovery from drinking.  He was sent to prison for drinking, the judge offered treatment and it changed his life. He is the president of the National Association of Addiction Counselors and they have very successful prevention programs.  Task Force Question: Would you tell us…what works? Our system needs to be re-worked.  You need instantaneous action, evaluation etc.  2nd offenses should have mandatory treatment.  We should charge maximum fines for DUI's and use the money to fund treatment programs.  Drug Courts are collaboration and accountability and a great in some communities.  Wyoming passed legislation to have drug courts in every major Wyoming City.

Roger quoted many governors from around the country concerning the fiscal importance of prevention and treatment programs.

Task Force Question:  What is lacking? Replicate models and programs that work. Started a Community Coalition of Prevention with grant funding and these programs must continue and be funded!  Treatment on demand is my biggest concern.  If we can redistribute the money that we already have in the system then that would be good.

We need workforce development and quality certified people to treat addicts.  We need a campaign that has the messages in your face all the time-street signs etc. We need to support our schools' drug free programs and we need to do XCBS surveys.  The MIP law needs to be updated and needs to have teeth.  We should use Tobacco Settlement money for prevention.

Al Recke -  Cascade County DUI Task Force (Written Comments Submitted - posted on web site)

Al had eight specific comments and suggestions for the "Working Document".

Senator Chris Christiens - Lobbying for Montana Land Lord Association in next legislative session.

The Senator presented concerns for meth lab's toxicity and the negative impacts to the environment and property values. Some meth by-products are flushed into sewer systems & septic fields causing well water contamination.  Meth sites in hotels are supposed to be inspected by Department of Health but they don't have the funding or expertise to do so.  There are problems with the radiation equipment used for inspections. Labs are in urban areas but the problem is moving into rural areas.  We need to assure that inspections can be done correctly.  There were 3 meth labs 3 years ago, last year there were 23, and so far this year there are 21.  This is a growing problem.

Clean-up of meth lab sites is very difficult and expensive ($5-50,000).  We need legislation so property owners can get information on the chemicals at a lab site so you know what you are cleaning up. The value of properties that have had lab sites decreases and who will buy them?  It could be cheaper to walk away then to clean them up.  These properties could come off the tax rolls. We need standards for cleaning.  We should have a pool of money available to property owners (who don't have insurance) for clean-up.  Insurance companies plan a 20-30% increase this year to offset their costs for meth lab clean-ups (and it still doesn't cover the issue for them).

Task Force Question:  Where do we get the money for the pool? The companies who provide the clean-up services could be charged a license fee, like $5000.

Ed Thamke - MT Department of Environmental Quality, Environmental Investigations.

Often has to say "Sorry, I can't help you."  Meth lab sites have impacts to 2nd and 3rd parties.  Children are at risk. Tenants, often low income, move into properties that had prior labs.  There are two environmental issues, both indoor and outdoor.  We have the ability to analyze and dictate cleanup to a level but DPHHS doesn't have standards to use.  Task Force Question:  Do state standards satisfy the federal standards?  The feds take away stuff but they don't deal with residual contamination or toxicity. Task Force Question:  Does DPHHS need to develop sample standards? They don't have the money or people to do it.  We need funding to allow for training and enforcement.

At a minimum I would ask the Task Force to support the meth site clean-up legislation that we are drafting. Duane requested that the proposal be forwarded to Sandy for the Task Force to review and discuss at their last meeting in Aug.

Mark Staples - Attorney representing MT Tavern Association.

I'd like to clearly clarify that as servers of alcohol we do not defend impaired driving in any way!!!  Repeat and high BAC offenders are not good for us in any way, they are unruly customers.  Repeat offenders need to be locked up.  The MT Tavern Association see the change to .08 BAC as a given.  I respectfully disagree with Dennis that the change from .1 to .08 is based on a change in science.  The 20% reduction is because it is viewed as a deterrent.  Let's not deter responsible and reasonable people.  Three governors and three attorneys general say that .08 is not an effective tool.  We are not going to oppose the change though.  We see it as a fact that it will be changed.

Increase the fines for 1st offenders to fund programs.  If not sobered up after 1st time DUI then really go after repeat offenders-focus there. Increase treatment. After the 1st offense penalties should be cumulative.

Kristy Blazer - Attorney representing MT Beer & Wine Wholesalers Association.

My clients are deliverers of beer to retailers.  We support ignition interlock devices.  We want the focus to be placed where the danger lies - high BAC (1.4 and above) and repeat offenders.  We believe that .08 BAC, 1st time offenders with no accidents should be dealt with leniently. We need to look at the greater problem. 

Task Force Question:  How do your clients feel about keg registration? For wholesale deliverers, like my clients, keg registration is not an issue, we don't sell to the public.  We think registration would be good for accountability.  I don't see that there would be opposition to it if the process was not too cumbersome.

Mark Staples: Steve (Morris) as a retailer uses hefty deposits which works well.  I don't think you would see a lot of opposition to registering kegs.

Task Force Question:  Would your clients oppose a restriction on the licenses of 1st time DUI offenders.  I wonder how effective that would be.  It would be lots and lots of work.  If a person had a restriction on their license-saying they couldn't buy alcohol-they would just have someone else buy.  

Task Force Question:  How would your clients view graduated sanctions for clerks who sell to minors? The establishments are fined for offenses.  There are actually very few repeats due to potential liability of losing the establishment's license.  I don't think there would  be opposition.

Dave McAlpin - American Cancer Association and ProtectMontanaKids.org.

(Written Comments Submitted)

Dave read a letter which can be viewed on the Task Force's web site.

Dan Haffey - Butte Chemical Dependency Counselor.

I've been a chemical dependency counselor for 18 years.  We need to address the alcohol accessibility issue.  Tobacco compliance checks (sales to minors) have shown decrease offenses at that store after the first check.  Question from Al Recke: If the state does tobacco compliance checks why can't they do alcohol compliance checks? 

Would the Tavern Association support mandatory compliance checks of convenience stores for alcohol?   Mark Staples:  I can't speak for convenience stores, but "stings" and random checks take place on a regular and constant basis.  They are a fact-of-life.

Dan - There is a lack of treatment opportunities for young people in MT.  We should increase taxes on alcohol to fund additional treatment opportunities.

Randy Anderson - Great Falls Indian Health Clinic.

How can urban Indian's and their health concerns be represented on the Task Force?  I've heard from high school kids that drugs are easier to get then alcohol.  There is not the negative "stigma" around drugs now like there use to be - it's more accepted now.

I am a DUI offender.  I tried to be part of DARE & LRE and all the doors were closed.  There are no doors open for offenders to try and help.  Why aren't there?  We should make offenders available to victims.  There should be an incentive program for offenders to be part of the solution.

The Indian Health Clinic would like to be involved in the Task Force. 

Casey Rudd - Connections

Connections is a non-profit organization that helps offenders who are getting out of prison to integrate into society.  The focus is on intravenous drug users. (Casey passed out literature on IV and Hepatitis).  We do street outreach in Butte, Bozeman, Missoula and Great Falls and hand out bleach kits and condoms etc. We use a "harm reduction" model, not abstinence. This helps them get to the point where they want treatment on their own.

Almost all IV drug users test positive for Hepatitis C.  The Hepatitis C epidemic is huge and it has a major effect on Community Health.  What we want is support for outreach workers.  We need to educate "junkies" and communities at-large.

My husband and I have also opened our own home as a recovery home and it is working well. We serve up to 7 people at a time.  They need to be out of their old environment to recover.  Task Force Question:  How do you fund your program?  This seems to be the lowest priority in MT, there is no budget.  We use the community to keep things going and they are great -- clothes, furniture, jobs.  Contractors are great for giving jobs to our people - stores aren't so good.

Task Force Question:  How can we support similar programs? We opened our house as an experiment.  We used the Oxford House as a model but we had to change some things.  They are abstinence based, if they use drugs once they are kicked out.  In reality relapse is part of recovery.  No booze or drugs are allowed in our house.  If they use it on the street they are sanctioned by the group in the house-they are tough on each other.

Task Force Comment:  The harm reduction model is controversial but important.  No federal funds can go to "harm reduction" programs like these-they can only be used for abstinence based programs.  This is really a grass roots effort.

Task Force Question:  Can you give us an idea of your success rate?  I don't have any numbers here but I can get some to you.  It depends on the person.  Fifty three people have gone through our home in 2 years.  About half have not re-offended; they are doing a good job on their own.  Eight have definitely returned to prison. Task Force Question:  Can you give us a profile of successes vs. failures?  I can't really say-it varies.

Katherine Thompson - Director of Flathead "CARE"

I coordinate the prevention programs in 28 schools in Flathead.  Insufficient and unstable funding is a big issue.   With the changes in the drug free school programs we will have a $19,000 loss in the coming year.  We need to expand not cut back.

Task Force Comment:  Some of the most successful prevention programs in the state are like the Flathead CARE program.

Cynthia Reechenbach - Department of Labor and Industry, Addictions Licensed Programs.

In MT there are 459 Chemical Dependency Counselors and 50 more in the process of getting licensed.  There are six sites that train professionals in this field.  There is a shortage in CD Counselors county and state wide.  The solution to this shortage is developing this curriculum in the State University system. 

Task Force Question:   How many of the 459 Counselors are practicing?  We don't know.

Task Force Question:   Are there any contracts with the Board of Regents to get programs in place?  We have on-going dialogue with MSU Billings.  There is little to no dialogue with U of M.

Task Force Question:   When did attorneys give their legal opinion concerning reciprocity and endorsement?  Reciprocity and endorsement are the same.  We have standards in MT. - If the other state has equal or greater standards then you can get reciprocity (i.e. be licensed in MT.).  Task Force Question:   How many states have greater standards then MT?    Many.

Comment:  Jean Branscum - The Governor's office has a task force looking at workforce issues.  Please get this information to this workforce issue task force.

Dan Gregrier - Assistant Principle at CMR HS.

We are seeing drug use, rather then alcohol use, in our school.  We do searches of the school and parking lot with trained dogs.  We have a program to address kids who are caught with alcohol or drugs.  Task Force Question:   When doing dog searches what problems do you have?  We haven't had any problems. We work the lockers, building, and the cars.  If there is a hit (drugs or insulin) the counselors get the student who owns the vehicle or if we don't have the vehicle on record we get the serial number to find out.  Task Force Question:   Do you offer education to teachers?  In the CARE program anyone can make referrals based on indicators.   Task Force Question:   Do you have hurdles if there are hits on staff?  What happens?  All hits get looked at per our school policy.

Task Force Question:   What can we do to help? We'll get back to you with specifics.   Prevention is the key.

ACTION ITEM REVIEW

Action

Responsible Party

Due Date

Brainstorm list of strategies for the Desired Outcomes (focus on highest priorities first).  Prioritize list and email prioritized list to Sandy

Work Groups

May 13

Get compiled lists of prioritized strategies to Task Force Members via email.

Sandy

May 16

Review strategies of all Work Groups prior to May 23rd meeting

All Task Force Members

May 23

Make agenda item for July 18th meeting (Bozeman) to discuss funding issues.

Sandy

July 18

Make agenda item for August 14th meeting to review County Attorney Association's proposals for legislation.

Sandy

July 18


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