1. (a) Every assessment program, treatment program, correctional center or facility, and parole agency that provides services pursuant to this chapter or that otherwise supervises a person or issues an order pursuant to this chapter shall keep case-specific records and aggregate data and statistics as may be required by the department of health and which shall be required by the statewide substance abuse treatment monitoring program under section 321-192.5. The department of corrections and rehabilitation shall collect data in accordance with section 321-192.5 from any assessment program, treatment program, treatment provider, correctional center or facility, and parole agency that provides substance abuse treatment to persons served through public funds administered by the department of corrections and rehabilitation. The department of corrections and rehabilitation shall implement sufficient protections to ensure that the identity of a recipient of substance abuse treatment services remains strictly confidential and that aggregate data collected pursuant to this section is used solely for the purpose of this section.

   This subsection shall not be construed to abrogate an individual's right to privacy.

2. (b) The department of corrections and rehabilitation shall include in the contract with any treatment provider all criteria established by the department of health pursuant to section 321-192.5 to determine whether the treatment provider is achieving success in treating individuals with substance abuse.

3. (c) The department of corrections and rehabilitation, in conjunction with the department of health, shall report on an annual basis to the legislature and to the governor, its findings concerning the need for and implementation of the various provisions of this chapter. The report shall include information collected under subsection (a) and a synopsis of information or data necessary to determine the impact, utility, and cost-benefits of the provisions of this chapter. The report shall also include:

   1. (1) A complete list of programs offered;
   2. (2) The length of each program;
   3. (3) Each program's success rate, including the percentage of participant completion in the previous two years;
   4. (4) A description of participant criteria assessed by the program for admittance;
   5. (5) The number of available positions with each program;
   6. (6) The number of potential participants on waiting lists;
   7. (7) The number of participants who do not complete the program;
   8. (8) A summary of common reasons why participants do not complete a program; and

   9. (9) A complete list of programs no longer offered, with explanations for termination of the programs.

      The department shall also post the reports electronically on the department's website in a timely manner.

4. (d) The department of corrections and rehabilitation, in conjunction with the department of health, shall establish an advisory board that shall be comprised of judges, prosecutors, defense attorneys, adult probation officials, parole officials, correctional officials, representatives of assessment programs and treatment programs, and individuals working in licensed alcohol and other drug abuse treatment facilities who are past consumers of treatment services. The advisory board shall meet periodically to discuss the provisions, implementation, and evaluation of this chapter, and to make recommendations to the department of health.
5. (e) Except as provided in this chapter, all data, information, or records kept or compiled pursuant to this section shall be deemed to be government records for the purposes of chapter 92F.

[L 1998, c 152, pt of §2; am L 2004, c 40, §27; am L 2018, c 212, §3; am L 2022, c 278, §29]