BOSTON — More than 400 addicts have turned to Gloucester police seeking help in the past year under a controversial agreement that gives those who turn over their drugs a chance to get clean without getting busted.

But even with Police Chief Leonard Campanello’s promise, state law doesn't shelter those addicts from prosecution. And supporters of Gloucester's “angel program” say that deters police in other communities from adopting similar programs.

Legislation filed by Rep. Ann-Margaret Ferrante, D-Gloucester, seeks to change that by shielding addicts from charges of possession of drugs or drug paraphernalia if they show up at a police station seeking help.

"This would give law enforcement another tool to help addicts by opening up the path to recovery," Ferrante said Monday.

The bill is modeled on the state’s "Good Samaritan" law, which offers a limited shield for someone seeking medical help for themselves or someone else who is overdosing, she said. Under the law, that person cannot be charged with possession of a controlled substance.

Her proposal is backed by dozens of police chiefs, sheriffs and Republican lawmakers including Sen. Bruce Tarr, R-Gloucester, and Rep. Brad Hill, R-Ipswich.

"We're looking for new solutions to deal with a very difficult problem," Essex County Sheriff Frank Cousins, who supports the program, told reporters at a briefing Monday at the Statehouse. "We clearly have to do something different."

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Campanello’s 9-month-old program pairs addicts who come to police with volunteer "angels" who help guide that person into a treatment program.

Campanello said the program costs the city about $55 per person seeking treatment. Boston University's School of Public Health has worked with the department to find treatment beds and track the addicts' short- and long-term progress, he said.

Some have gone though the program only to return weeks later after they've relapsed. Others have stayed clean, he said.

"We're not turning someone away," Campanello said. "As long as you are addicted and want to get treatment, come back in, and we'll help you."

But the program flouts the state's drug possession laws, prosecutors say.

Essex County District Attorney Jonathan Blodgett, who opposes Ferrante's bill, wrote a letter to Campanello last year praising his efforts but reminding him that he doesn't have the legal standing to grant amnesty to people in possession of illegal drugs.

"An explicit promise not to charge a person who unlawfully possesses drugs may amount to a charging promise that you lack legal authority to make, and on which a drug offender may not be able to rely," Blodgett wrote.

Carrie Kimball-Monahan, Blodgett's spokeswoman, said Campanello hasn't shared details of the program — such as how much drugs have been collected, who is participating and how long are they staying in treatment — with the DA's office.

She said nobody has been prosecuted to date, but she reiterated that the program is skirting the state's drug laws.

"The reality is that he doesn't have the legal authority to tell someone they can't be prosecuted," she said. "This is a change to state policy, which is much different than police discretion."

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To date, at least 27 police departments in Massachusetts and 17 other states have adopted programs similar to Gloucester's "angels."

Campanello said some chiefs are reluctant, citing concerns about running afoul of prosecutors.

The key to program's success is treating addicts as patients, not criminals, he said.

"Police should have the discretion not to charge someone if they are seeking help for addiction," he said. "If someone comes into a police station to get treatment for this disease, why should we compound that with arrests and prosecution?"

Tarr said he supports the legislation but has recommended that it be reworded so that an addict seeking treatment "may not" be arrested.

As written, saying addicts "shall not" be arrested, the proposal prevents police from arresting someone using the treatment program as cover to avoid being charged with more serious crimes.

"Passing the law without this critical change would strip police departments of all discretion in these cases, and that could have serious unintended consequences," he said.

Others have raised the same concern. The Massachusetts Chiefs of Police Association opposes the wording of the bill and wants to see it changed, said Wayne Sampson, the group's executive director.

He said the language now would make it easier for defense attorneys to challenge drug possession charges.

"They could just tell a judge, 'My client was on the way to turn these drugs in when he was arrested,'" he said. "Our concern is that without discretionary language, some people might not seek treatment and would be able to walk away from any charges."

Campanello said he isn't letting hardened criminals off the hook.

"If someone commits a murder, walks into the police station and turns over their drugs seeking immunity, that isn't going to fly," he said. "We're interested in locking up traffickers, not someone with a small amount of heroin who is seeking help."

Christian M. Wade covers the Massachusetts Statehouse for CNHI's newspapers and websites. Reach him at cwade@cnhi.com