SELECTED STATUTES AND RESOLUTIONS RELATING TO DRUG COURTS ENACTED BY STATE LEGISLATURES AND TRIBAL COUNCILS

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1 BJA DRUG COURT CLEARINGHOUSE/TECHNICAL ASSISTANCE PROJECT Justice Programs Office, School of Public Affairs American University SELECTED STATUTES AND RESOLUTIONS RELATING TO DRUG COURTS ENACTED BY STATE LEGISLATURES AND TRIBAL COUNCILS As of June 1, 2010 Compiled by Caroline S. Cooper, Director BJA Drug Court Clearinghouse This report was prepared by the Bureau of Justice Assistance (BJA) Drug Court Clearinghouse and technical Assistance Project at American University, Washington D.C. Theses projects ares supported by Grant Nos. 95-DC-MX- KOO2, 98-NU-VX-K018, 2002-DC-BX-K013, 2005-DC-BX-K047, 2007-DC-BX K003 and 2009-DC-BX-K0022 awarded by the Drug Courts Program Office and by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the U.S. Department of Justice BJA Drug Court Clearinghouse and Technical Assistance Project. School of Public Affairs, American University.

2 Foreword This compilation of statutes and resolutions relating to drug courts has been prepared by the Bureau of Justice Assistance (BJA) Drug Court Clearinghouse and Technical Assistance Project at American University and is updated annually to provide representative legislation that has been enacted by state legislatures and tribal councils relating to drug court programs. The statutes included in this Compilation relate primarily to substantive aspects of drug court programs and have been enacted as of June 1, A number of additional statutes have been enacted by various state legislatures to provide funding for state and/or specified local drug court programs and are part of general revenue appropriation legislation not included in this Compilation. While some of the statutes in this Compilation may no longer be in effect (see provisions of the statutes), they are included to provide perspective on the range and nature of state legislative activity that has been undertaken vis a vis drug courts. While it is not an exhaustive collection of these measures, this Compilation has been prepared to provide representative approaches reflected in state and tribal legislative activity. Citations are provided for further reference. As of May 1, 2010, 42 states, plus the District of Columbia, Guam and Puerto Rico had enacted some type of legislation relating to drug courts generally entailing (1) authorizing the establishment of local drug court programs; (2) authorizing funding of drug courts; and/or (3) recognizing the legitimacy of drug court programs. With a few exceptions (i.e., Michigan and Oklahoma, for example), the legislation does not generally include specific provisions relating to program operations. To date, we have located two tribes (Eastern Band of Cherokee and the Spokane Tribe) that have enacted legislation relating to drug courts. These statutes are included in this Compilation. As a companion volume to this statutory compilation, we have also compiled a compilation of rules and administrative orders enacted by state and local courts regarding the operation of drug court programs within their respective jurisdictions. In some instances, the provisions included in the statutes of one state may be embodied in the rules of another. Reference to both of these documents should therefore be made by those interested in locating provisions relating to drug court program operations. This compilation, as well as the compilation of rules and administrative orders, is posted on the website of the BJA Drug Court Clearinghouse and Technical Assistance Project We hope this compilation will serve as a useful reference and planning tool. Caroline S. Cooper, Director BJA Drug Court Clearinghouse and Technical Assistance Project School of Public Affairs American University BJA Drug Court Clearinghouse and Technical Assistance Project. School of Public Affairs, American University. 2

3 June BJA Drug Court Clearinghouse and Technical Assistance Project. School of Public Affairs, American University.

4 Contents JURISDICTION Page Statutes/Resolutions Enacted by States and Territories Alaska 1 Arizona 2 Arkansas 4 California 7 Colorado 12 Connecticut 14 Delaware 14 District of Columbia 16 Florida 16 Georgia 21 Guam 27 Hawaii 29 Idaho 31 Illinois 36 Indiana 41 Iowa 48 Kentucky 49 Louisiana 49 Maine 57 Michigan 60 Mississippi 80 Missouri 91 Montana 94 Nebraska 100 Nevada 103 New Jersey 110 New Mexico 113 New York 115 North Carolina 118 North Dakota 122 Ohio 124 Oklahoma 125 Oregon 148 Puerto Rico 151 Rhode Island 152 South Carolina 152 Page BJA Drug Court Clearinghouse and Technical Assistance Project. School of Public Affairs, American University. 4

5 South Dakota 153 Tennessee 153 Texas 157 Utah 163 Vermont 167 Virginia 171 Washington 175 West Virginia 181 Wyoming 183 Statutes Enacted by Tribes Eastern Band of Cherokees 194 Spokane Tribal Court (Washington) BJA Drug Court Clearinghouse and Technical Assistance Project. School of Public Affairs, American University.

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7 Note: The statutes included in this Compilation relate primarily to substantive aspects of drug court programs and were enacted as of June 1, A number of additional statutes have been enacted by various state legislatures to provide funding for state and/or specified local drug court programs and are part of general revenue appropriation legislation not included in this Compilation. While some of the statutes in this Compilation may no longer be in effect (see provisions of the statutes), they are included to provide perspective on the range and nature of state legislative activity that has been undertaken vis a vis drug courts. Statutes Enacted by States and Territories ALASKA ALASKA BILL TEXT CHAPTER 3 "AN ACT VERSION: Enacted March 27, 2001 "An Act making supplemental and other appropriations; and providing for an effective date." TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: Sec. 3. ALASKA COURT SYSTEM. The sum of $150,000 is appropriated from federal receipts to the Alaska Court System, trial courts, for the drug court program for the fiscal year ending June 30, HB004G Amendment to: Title 28: Motor Vehicles Chapter 35: Offenses and Accidents Sec. 33. AS is amended by adding new subsections to read: (P) Upon request, the department shall review a driver s license revocation imposed under (n)(3) of this section and may restore the driver s license if (1) the license has been revoked for a period of at least 10 years; (2) the person has not been convicted of a criminal offense since the license was revoked; and (3) the person provides proof of financial responsibility. (Q) If the court determines that the person has successfully completed a court-ordered treatment program, the court may suspend up to 75 percent of the mandatory minimum sentence required under 9b)(1) of this section and up to 50 percent of them minimum fines required under (b)(1) of this section. This subsection does not apply to a person who has already participated in a court-ordered treatment program two or more times. In this subsection, court-ordered treatment means a treatment program for a person who consumes alcohol or drugs and that (1) requires participation for a least 18 consecutive months; (2) includes planning and treatment for alcohol or drug addiction; (3) includes emphasis on personal responsibility; (4) provides in-court recognition of progress and sanctions for relapses; (5) requires payment of restitution to victims and completion of community work service; (6) includes physician approved treatment of physical addiction and treatment of the psychological causes of addiction; BJA Drug Court Clearinghouse and Technical Assistance Project. School of Public Affairs, American University.

8 (7) includes a monitoring program and physical placement or housing; and (8) requires adherence to conditions of probation S Definitions In this chapter, unless the context otherwise requires: ARIZONA ARIZONA REVISED STATUTES TITLE 13. CRIMINAL CODE CHAPTER 34. DRUG OFFENSES "Drug court program" means a program that is established pursuant to by the presiding judge of the superior court in cooperation with the county attorney in a county for the purpose of prosecuting, adjudicating and treating drug dependent persons who meet the criteria and guidelines for entry into the program that are developed and agreed on by the presiding judge and the prosecutor Drug court program; establishment; participation A. The presiding judge of the superior court in each county may establish a drug court program as defined in B. Cases assigned to the drug court program may consist of defendants who are drug dependent persons and who are charged with a probation eligible offense under this chapter, including preparatory offenses. C. A defendant may be admitted into the drug court program prior to a guilty plea or a trial only on the agreement of the court and the prosecutor. D. A defendant is not eligible for entry into the drug court program pursuant to subsections F and H of this section if any of the following applies: 1. The defendant has been convicted of a serious offense as defined in The defendant has been convicted of an offense under chapter 14 of this title. [FN1] 3. The defendant has been convicted of an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury. 4. The defendant has completed or previously been terminated from a drug court program other than a juvenile drug court program. 5. The defendant has completed or previously been terminated from a drug diversion program other than a juvenile drug diversion program for an offense in violation of this chapter. E. For the purposes of subsection D of this section, the age of the conviction does not matter. F. Notwithstanding any law to the contrary, if a defendant who is assigned to the drug court program is subsequently found guilty of the offense and probation is otherwise available, the court, without entering a judgment of guilt and with the concurrence of the defendant, may defer further proceedings and place the defendant on probation. The terms and conditions of probation shall provide for the treatment of the drug dependent person and shall include any other conditions and requirements that the court deems appropriate, including the imposition of a fine, payment of fees and any other terms and conditions as provided by law which are not in violation of G. If the defendant is placed on probation pursuant to subsection F of this section and the defendant violates a term or condition of probation, the court may terminate the defendant's participation in the drug court program, enter an adjudication of guilt and revoke the defendant's probation... J. If the defendant is placed on probation pursuant to subsection F of this section and the defendant fails to fulfill the terms and conditions of probation, the court shall enter an adjudication of guilt and sentence the defendant as provided by law. BJA Drug Court Clearinghouse. Statutes and Resolutions Relating to Drug Courts Enacted by State Legislatures and Tribal Councils as of June 1, School of Public Affairs, American University. June

9 K. If a defendant chooses not to participate in the drug court program, the defendant shall be prosecuted as provided by law. L. This section does not prohibit the presiding judge of the superior court from establishing a drug court program other than as defined in with other terms and conditions, including requiring a defendant to participate in a drug court program subsequent to the entry of judgment of guilt and sentencing. TITLE 42. TAXATION CHAPTER 6. LOCAL EXCISE TAXES ARTICLE 3. COUNTY EXCISE TAXES Jail facilities excise tax; maintenance of effort; definition A. If approved by the qualified electors voting at a countywide general election, a county with a population of at least one million five hundred thousand persons shall levy and the department shall collect a transaction privilege tax, in addition to all other taxes, at rates of not more than 4.0 per cent of the transaction privilege tax rate prescribed by , subsection A applying to each person engaging or continuing in the county in a business taxed under chapter 5, article 1 of this title.... D. At the end of each month the state treasurer shall transmit the net revenues collected pursuant to this section to the treasurer of the county levying the tax. If the county that initially imposes the tax under this section is divided into two or more new counties during the term of the tax, each new county shall continue to impose the tax, but the state treasurer shall transmit the net revenues collected within both counties equally to each of the new counties. The county treasurer shall segregate all the monies received under this section for use only for the purposes authorized by this section. The county treasurer may disburse monies from the fund only to 1. Finance construction of new adult and juvenile jail facilities. 2. Maintain and operate adult and juvenile jail facilities Fund the following for the purpose of reducing the expense of adult and juvenile jail facilities:...h) Increasing drug court admissions to include preadjudicated defendants and expanding drug court jurisdiction... ARIZONA House Bill 2620 VERSION: Enacted May 20, 2005 Konopnicki 2005 AZ H.B (SN) AN ACT MAKING AN APPROPRIATION TO THE ADMINISTRATIVE OFFICE OF THE COURTS FOR DRUG COURT PROGRAMS. TEXT: Be it enacted by the Legislature of the State of Arizona: Section 1. Appropriation; purpose; exemption A. The sum of $1,000,000 is appropriated from the state general fund in fiscal year to the 3

10 administrative office of the courts for the purposes of funding juvenile and adult DRUG COURTs established by the presiding judge of the superior court. B. The appropriation made in subsection A of this section is exempt from the provisions of section , Arizona Revised Statutes, relating to lapsing of appropriations. ARKANSAS ARKANSAS CODE OF 1987 TITLE 5. CRIMINAL OFFENSES SUBTITLE 6. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE CHAPTER 64. CONTROLLED SUBSTANCES SUBCHAPTER 5. UNIFORM CONTROLLED SUBSTANCES ACT -- ENFORCEMENT AND ADMINISTRATION Property subject to forfeiture -- Procedure -- Disposition of property.... (D) The Arkansas Drug Director shall establish through rules and regulations a procedure for proper investment, use, and disposition of moneys deposited in the Special State Assets Forfeiture Fund in accordance with the intent and purposes of subchapters 1-6 of this chapter. Moneys in this fund shall be distributed by the Arkansas Alcohol and Drug Abuse Coordinating Council and shall be distributed for drug interdiction, eradication, education, rehabilitation, the State Crime Laboratory, and drug courts... (l) On the fifth (5th ) day of each month the Treasurer of State shall transfer to the Department of Community Correction Fund Account twenty percent (20% ) of any moneys deposited into the Special State Asset Forfeiture Fund during the previous month, but in no event shall more than eight hundred thousand dollars ($800,000) be transferred during any one fiscal year. All moneys transferred to the Department of Community Correction Fund Account from the Special State Asset Forfeiture Fund in accordance with this provision shall be used for the personal services and operating expenses of the drug courts and for no other purpose, and shall not be transferred from the Department of Community Correction Fund Account. S Title TITLE 16. PRACTICE, PROCEDURE, AND COURTS SUBTITLE 6. CRIMINAL PROCEDURE GENERALLY CHAPTER 98. TREATMENT FOR DRUG ABUSE SUBCHAPTER 3--ARKANSAS Drug court ACT This subchapter shall be known as the "Arkansas Drug court Act" Definitions. For purposes of this subchapter: (1) "Drug court program" means a highly structured judicial intervention process for substance abuse treatment of eligible offenders which requires successful completion of the drug court program treatment in lieu of incarceration; and (2) "Drug court team" means a circuit judge, a prosecuting attorney, a defense attorney, and one (1) 4

11 or more addiction counselors. S Drug court programs authorized. (a) Each judicial district of this state is authorized to establish a drug court program under this subchapter, which may be pre adjudication or post adjudication subject to the availability of funds. 2. (1) A drug court program shall not be available to any defendant having a pending violent criminal charge against him or her. (2) Eligible offenses may be further restricted by the rules of a specific drug court program. (3) Nothing in this subchapter shall require a drug court to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the program. (4) Any offender who is determined not appropriate for the drug court program shall be prosecuted as provided by law. (c) (d) (e) S Cost and fees (a) (1) Drug court programs may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. (2) A drug court team shall be designated consisting of a circuit judge to administer the program, a prosecuting attorney, a defense attorney, and one (1) or more addiction counselors who has appropriate understanding of the goals of the program and of the appropriate treatment methods for the various conditions and any other individual or individuals determined necessary by the drug court judge. (3) The administrative judge of the judicial district or an agreement of a majority of the circuit judges in the judicial district shall designate one (1) or more judges to administer the drug court program. All drug court programs shall be required to keep reliable data on: (1) Recidivism; (2) Relapses; (3) Restarts; (4) Sanctions imposed; and (5) Incentives given. Each judicial district may develop a training and implementation manual for drug court programs with the assistance of the: (1) Department of Human Services; (2) Department of Education; (3) Department of Workforce Education; (4) Department of Correction; (5) Department of Community Correction; and (6) Administrative Office of the Courts. The drug court judge may order the offender to pay: (1) Court costs; (2) Treatment costs; (3) Drug testing costs; (4) A program user fee not to exceed twenty dollars ($20.00) per month; and (5) necessary supervision fees, including any applicable residential treatment fees. 3. (1) The drug court judge shall establish a schedule for the payment of costs and fees. (2) The cost for treatment, drug testing, and supervision shall be set by the treatment and 5

12 supervision providers respectively and made part of the order of the drug court judge for payment. (3) User fees shall be set by the drug court judge within the maximum amount authorized by this subsection and payable directly to the court clerk for the benefit and administration of the drug court program. (4) Treatment, drug testing, and supervision costs shall be paid to the respective providers. (5) The court clerk or the designee of the drug court judge shall collect all other costs and fees ordered. 2. (A) The remaining user fees shall be remitted to the Treasurer of State by the court clerk for deposit in the MAGNUM Drug court Fund, which is a special revenue fund created and established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. (B) The MAGNUM Drug court Fund shall consist of user fees and any other moneys provided by law. (7) Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid. S Cost and fees. MAGNUM Drug court Fund. TITLE 19. PUBLIC FINANCE CHAPTER 6. REVENUE CLASSIFICATION LAW SUBCHAPTER 4--SPECIAL REVENUE FUNDS (a) (b) A drug court judge may order an offender to pay: (1) Court costs; (2) Treatment costs; (3) Drug testing costs; (4) A program user fee not to exceed twenty dollars ($20.00) per month; and (5) necessary supervision fees, including any applicable residential treatment fees. (1) A drug court judge shall establish a schedule for the payment of costs and fees. (2) The cost for treatment, drug testing, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the drug court judge for payment. (3) User fees shall be set by the drug court judge within the maximum amount authorized by this subsection and payable directly to the court clerk for the benefit and administration of the drug court program. (4) Treatment, drug testing, and supervision costs shall be paid to the respective providers. (5) The court clerk or the designee of the drug court judge shall collect all other costs and fees ordered. 3. (A) The remaining user fees shall be remitted to the Treasurer of State by the court clerk for deposit in the MAGNUM Drug court Fund, which is a special revenue fund created and established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. (B) The MAGNUM Drug court Fund shall consist of user fees and any other moneys provided by law. (7) Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid. 6

13 CALIFORNIA CALIFORNIA CODES HEALTH AND SAFETY CODE DIVISION STATE DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS PART 3. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE AND ABUSE OF DRUGS CHAPTER 2. COMMUNITY DRUG ABUSE CONTROL ARTICLE 3. Drug courts S Drug court Partnership Act; grants; multiagency plan; criterion for award of grants (a) This article shall be known and may be cited as the Drug court Partnership Act of (b) The Drug court Partnership shall be administered by the State Department of Alcohol and Drug Programs for the purpose of demonstrating the cost- effectiveness of drug courts operating pursuant to Sections 1000 to , inclusive, of the Penal Code, and for any defendant who has entered a plea of guilty and is on active probation. The department shall design and implement the program with the concurrence of the Judicial Council. (1) This program shall award grants on a competitive basis for four years to counties that develop and implement drug court programs operating pursuant to Sections 1000 to , inclusive, of the Penal Code, and for any defendant who has entered a plea of guilty and is on active probation which are likely to provide the greatest public safety benefit and be most effective in reducing state and local costs. (2) To be eligible for this grant, the county alcohol and drug program administrator and the presiding judge shall submit a multiagency plan that identifies the resources and strategies for providing an effective drug court program. The department, in collaboration with the Judicial Council, shall establish minimum criteria for evaluating the plans. (c) The plan shall include, but not be limited to, the following components: (1) Development of information-sharing systems to ensure that county actions are fully coordinated, and to provide data for measuring the success of the grantee in achieving its goals. (2) Identification of outcome measures, which shall include, but not be limited to, the following: (A) The annual number of misdemeanor and felony convictions of persons participating in the program for a minimum of two years after entry into the program... (B) The annual number of admissions to county jail and state prison of persons participating in the program for a minimum of two years after entry into the program. (C) Other outcome measures identified by the department and the Judicial Council that will assist in determining the cost-effectiveness of the program. (d) For the purposes of this section, the grants that are initially awarded using funds appropriated in the Budget Act of 1998 shall be known as "first- round grants" and the grants initially awarded using funds appropriated in the Budget Act of 1999 shall be known as "second-round grants." (e) The department, in collaboration with the Judicial Council, shall award both first-round and second-round grants that provide funding for four years, subject to appropriation in the Budget Act. Funding shall be used to supplement, rather than supplant, existing programs. (1) Grant funds shall be used for programs that are identified in the local plan. Acceptable uses may include, but are not limited to, the following: drug court coordinators, training, drug testing, treatment, transportation, and other costs related to the implementation of the plan. (2) No grant shall be awarded unless the applicant makes available resources in an amount equal to at 7

14 (f) (g) (h) least 10 percent of the amount of the grant in years one and two, and 20 percent of the amount of the grant in years three and four. The department, with concurrence from the Judicial Council, shall establish minimum standards for use of funds in drug courts operating pursuant to Sections 1000 to , inclusive, of the Penal Code, and for any defendant who has entered a plea of guilty and is on active probation, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: (1) The number of participants who will be served in the program. (2) Demonstrated commitment to exceed the minimum match requirement, such as in-kind contributions from participating agencies. (3) Demonstrated ability to provide treatment to clients who will be served through the program. (4) Demonstrated capacity to administer the program. (5) Demonstrated ability to report outcome measures for program participants and for participants in other comparable drug court programs administered in the county. (6) Demonstrated commitment to the program of participating local agencies and the court. (7) Demonstrated commitment by the drug court to meet the standard of judicial administration. The department, in collaboration with the Judicial Council, shall create an evaluation design for the Drug court Partnership that will assess the effectiveness of the program. The department, together with the Judicial Council, shall develop an interim report to be submitted to the Legislature on or before March 1, 2000, and a final analysis of the grant program in a report to be submitted to the Legislature on or before March 1, This article shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2004, deletes or extends that date. HEALTH AND SAFETY CODE DIVISION STATE DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS PART 3. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE AND ABUSE OF DRUGS CHAPTER 2. COMMUNITY DRUG ABUSE CONTROL ARTICLE 4. COMPREHENSIVE Drug court IMPLEMENTATION ACT OF 1999 S Short title; administration; design and implementation (a) This article shall be known and may be cited as the Comprehensive Drug court Implementation Act of (b) This article shall be administered by the State Department of Alcohol and Drug Programs. (c) The department and the Judicial Council shall design and implement this article through the Drug court Partnership Executive Steering Committee established under the Drug court Partnership Act of 1998 pursuant to Section 11970, for the purpose of funding cost-effective local drug court systems for adults, juveniles, and parents of children who are detained by, or are dependents of, the juvenile court. S Multiagency drug court plan; funds; standards, schedules, and procedures; evaluation (a) A county alcohol and drug program administrator and the presiding judge in the county shall develop and submit a comprehensive multiagency drug court plan for implementing cost-effective local drug court systems for adults, juveniles, and parents of children who are detained by, or are dependents of, the juvenile court to be eligible for funding under this chapter. The plan shall do all of the following: (1) Describe existing programs that serve substance abusing adults, juveniles, and parents of children who are detained by, or are dependents of, the juvenile court. (2) Provide a local action plan for implementing cost-effective drug court systems, including any or all of the following drug court systems: (A) Drug courts operating pursuant to Sections 1000 to , inclusive, of the Penal Code. 8

15 (B) (C) (D) (E) (b) (c) (d) (e) Drug courts for juvenile offenders. Drug courts for parents of children who are detained by, or are dependents of, the juvenile court. Drug courts for parents of children in family law cases involving custody and visitation issues. Other drug court systems that are approved by the Drug court Partnership Executive Steering Committee. (3) Develop information-sharing systems to ensure that county actions are fully coordinated, and to provide data for measuring the success of the local action plan in achieving its goals. (4) Identify outcome measures that will determine the cost effectiveness of the local action plan. (1) The department, in collaboration with the Judicial Council, shall distribute funds to eligible counties using the two thousand five hundred dollars ($2,500) per million/remainder per capita methodology, subject to appropriation in the Budget Act. Funding shall be used to supplement, rather than supplant, existing programs. Funding for counties that opt not to participate in the program shall be distributed on a per capita basis to participating counties. (2) Funds distributed to counties shall be used for programs that are identified in the local plan. Acceptable uses may include, but are not limited to, any of the following: drug court coordinators, case management, training, drug testing, treatment, transportation, and other costs related to the implementation of the plan. (3) No funds shall be distributed unless the applicant makes available resources in an amount equal to at least 10 percent of the amount of the funds distributed in years one and two, and 20 percent of the amount of the funds distributed in years three, four, and five. The department, with concurrence from the Judicial Council, shall establish minimum standards, funding schedules, and procedures for funding programs. The department, in collaboration with the Judicial Council, shall create an evaluation design for the Comprehensive Drug court Implementation Act of 1999, that will assess the effectiveness of the program. The department, together with the Judicial Council, shall develop an interim report to be submitted to the Legislature on or before March 1, 2004, and a final analysis of the program in a report to be submitted to the Legislature on or before March 1, It is the intent of the Legislature that an independent and objective evaluation of the model program in San Diego County known as the Substance Abuse Recovery Management System (SARMS) be conducted to determine the relative costs and fiscal benefits to the state and to the county of that program to reduce foster care costs through the provision of substance abuse treatment to parents with a need for that treatment who are involved in dependency court cases. It is also the intent of the Legislature that the State Department of Social Services, within its available resources and in collaboration with the Judicial Council, the Department of Alcohol and Drug Programs, and representatives from San Diego County, make all feasible efforts to initiate this evaluation of SARMS, including, but not limited to, an examination of the availability of funding or other resources from local government agencies, private foundations, universities, and federal grants for purposes of the evaluation. The department shall provide an oral report to the Legislature at its budget hearings in 2003 on the status of these efforts. S Funding of chapter; administrative costs It is the intent of the Legislature that this chapter be funded by an appropriation in the annual Budget Act. (b) Up to 5 percent of the amount appropriated by the annual Budget Act is available to the department and the Judicial Council to administer the program, including technical assistance to counties and development of an evaluation component. S Allocation of funding (a) Any funding provided for this chapter in the 2003 Budget Act, and in subsequent fiscal years, shall be allocated, to counties that participated, in this program during the fiscal year in 9

16 accordance with this section. (b) A county may use funds, described in subdivision (a) to support drug courts serving adult offenders, subject to both of the following conditions: (1) Any increased funding provided in the 2003 Budget Act that exceeds the funding level provided in the 2002 Budget Act shall be used exclusively to support drug courts that accept only defendants who have been convicted of felonies and placed on formal probation, conditioned on their participation in the drug court program. These drug courts shall operate in a manner that is consistent with the guidelines developed by the Drug court Partnership Executive Steering Committee and approved by the department. (2) The amount of funds identified in the county's most recent local plan, as of May 20, 2003, as supporting drug courts described in subparagraph (A) of paragraph (2) of subdivision (a) of Section shall be used exclusively to support drug courts that accept only defendants who have been convicted of felonies and placed on formal probation, conditioned on their participation in the drug court program or for preplea drug courts that accept only felons who may not be eligible for another treatment program, such as a program pursuant to Section of the Penal Code, if they fail to complete drug court. Both preplea and postplea courts shall operate in a manner that is consistent with guidelines developed by the Drug court Partnership Executive Steering Committee and approved by the department. (c) The department shall transfer funds on a reimbursement basis to counties whose local plans are approved. No reimbursement shall be made unless and until the drug court is in full and complete compliance with all the data reporting requirements of the department and the Judicial Council. (d) If funds are withheld for failure to comply with the requirements of this article for a period of more than six months, that county's funding shall be terminated and the remaining funds shall be redistributed to the remaining participating counties for the purpose of increasing the number of defendants participating in each drug court program. Redistributed funds may only be used to fund drug courts serving adult offenders subject to the requirements of subdivision (b). (e) A county may choose to decline funding to support drug courts serving adult offenders pursuant to subparagraph (A) of paragraph (2) of subdivision (a) of Section , and may receive funding only for drug courts described in subparagraphs (B), (C), (D), and (E) of paragraph (2) of subdivision (a) of Section , in the amount identified in the county's most recent local plan, as of May 20, 2003, as supporting those drug courts. Any funds not allocated as a result of a county selecting the option under this subdivision shall be reallocated to counties willing to receive and expend the funds under the conditions specified in subdivision (a). S Duration of article This article shall remain operative only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date. S Short title of article; drug court Partnership Program; administration; purpose; grants; funding; multiagency plans; contents of plan (a) This article shall be known and may be cited as the Drug court Partnership Act of (b)(1) The Drug court Partnership Program, as provided for in this article, shall be administered by the State Department of Alcohol and Drug Programs for the purpose of providing assistance to drug courts that accept only defendants who have been convicted of felonies and placed on formal probation, conditioned on their participation in the drug court program. The department and the Judicial Council shall design and implement this program through the Drug court Systems Steering Committee as originally established by the department and the Judicial Council to implement the Drug court Partnership Act of 1998 (Article 3 (commencing with Section 11970). 10

17 (2) This program shall award grants to grantees that received funding pursuant to the Drug court Partnership Act of 1998 and successfully modify the existing multiagency plan to conform to this article. Grants shall be awarded in a manner that ensures that no grantee will receive funding in excess of prior annual grants under the Drug court Partnership Act of (3) Grants referred to in the Drug court Partnership Act of 1998 as "first- round" grants may be funded under this article until April 30, These grants may be supplemented with funds appropriated for that purpose from the General Fund and extended to June 30, Any extensions of the grant budget periods beyond either of those dates, as applicable, shall conform to this article. (4) Grants referred to in the Drug court Partnership Act of 1998 as "second- round" grants may be funded under this article, effective July 1, 2002, in accordance with the existing multiagency plan. These grants may continue under their existing plan established under the Drug court Partnership Act of 1998, until a revised plan is approved under this article. (5) Grantees who do not seek to revise their existing plan or whose revised plan is not approved under this article prior to September 30, 2002, shall no longer be funded under this article, effective October 31, Funds returned from discontinued grants shall be redistributed to the remaining grantees for the purpose of increasing the number of defendants participating in each drug court program. (6) Commencing July 1, 2003, both "first-round" and "second-round" grants funded through this article will be funded pursuant to this article on an annual grant cycle of July 1 through June 30. (7)(A) The department shall require grantees to submit a revised multiagency plan that is in conformance with the Drug court Systems Steering Committee's recommended guidelines. Revised multiagency plans that are reviewed and approved by the department and recommended by the Drug court Systems Steering Committee shall be funded for the fiscal year under this article. The department, without a renewal of the Drug court Systems Steering Committee's original recommendation, may disburse future year appropriations to the grantees. (B) The multiagency plan shall identify the resources and strategies for providing an effective drug court program exclusively for convicted felons who meet the requirements of this article and the guidelines adopted there under, and shall set forth the basis for determining eligibility for participation that will maximize savings to the state in avoided prison costs. (C) The multiagency plan shall include, but not be limited to, all of the following components: (i) The method by which the drug court will ensure that the target population of felons will be identified and referred to the drug court. (ii) The elements of the treatment and supervision programs. (iii) The method by which the grantee will provide the specific outcomes and data required by the department to determine state prison savings or cost avoidance. (iv) Assurance that funding received pursuant to this article will be used to supplement, rather than supplant, existing programs. (c) Grant funds shall be used only for programs that are identified in the approved multiagency plan. Acceptable uses may include, but shall not be limited to, any of the following: (1) Drug court coordinators. (2) Training. (3) Drug Testing. (4) Treatment. (5) Transportation. (6) Other costs related to substance abuse treatment. (d) The department shall identify and design a data collection instrument to determine state prison cost savings and avoidance from this program. (e) No grant shall be awarded unless the applicant makes available resources in an amount equal to at least 20 percent of the amount of the grant. (f) Grant funds shall be transferred by the department on a reimbursement basis to grantees whose multiagency 11

18 (g) (i) (j) plans are approved. No reimbursement shall be made until and unless the drug court is in full and complete compliance with all the data reporting requirements of the department and the Judicial Council. If grant funds are withheld from grantees for failure to comply with the requirements of this article for a period of more than six months, the grantee's grant shall be terminated and the remaining funds of the terminated grant shall be redistributed to the remaining grantees, for the purpose of increasing the number of defendants participating in each drug court program. The department shall annually submit a report to the Legislature during budget hearings regarding the cost savings of the program in avoided state prison costs. It is the intent of the Legislature that this article be funded by an appropriation in the annual Budget Act. No more than 5 percent of the amount appropriated by the annual Budget Act shall be available to the department to administer the program established pursuant to this article. PENAL CODE PART 2. OF CRIMINAL PROCEDURE TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL CHAPTER 2.5. SPECIAL PROCEEDINGS IN NARCOTICS AND DRUG ABUSE CASES S Preguilty plea drug court program; operation of program; effect of defendant's performance (a) The presiding judge of the superior court, or a judge designated by the presiding judge, together with the district attorney and the public defender, may agree in writing to establish and conduct a preguilty plea drug court program pursuant to the provisions of this chapter, wherein criminal proceedings are suspended without a plea of guilty for designated defendants. The drug court program shall include a regimen of graduated sanctions and rewards, individual and group therapy, urine analysis testing commensurate with treatment needs, close court monitoring and supervision of progress, educational or vocational counseling as appropriate, and other requirements as agreed to by the presiding judge or his or her designee, the district attorney, and the public defender. If there is no agreement in writing for a preguilty plea program by the presiding judge or his or her designee, the district attorney, and the public defender, the program shall be operated as a deferred entry of judgment program as provided in this chapter. (b) The provisions of Section and Section regarding satisfactory and unsatisfactory performance in a program shall apply to preguilty plea programs. If the court finds that (1) the defendant is not performing satisfactorily in the assigned program, (2) the defendant is not benefiting from education, treatment, or rehabilitation, (3) the defendant has been convicted of a crime specified in Section , or (4) the defendant has engaged in criminal conduct rendering him or her unsuitable for the preguilty plea program, the court shall reinstate the criminal charge or charges. If the defendant has performed satisfactorily during the period of the preguilty plea program, at the end of that period, the criminal charge or charges shall be dismissed and the provisions of Section shall apply. COLORADO COLORADO REVISED STATUTES TITLE 16. CRIMINAL PROCEEDINGS CODE OF CRIMINAL PROCEDURE ARTICLE 11. IMPOSITION OF SENTENCE PART 2. PROBATION 12

19 S Fund created--probation services--repeal (1)(a) There is hereby created in the state treasury the offender services fund to which shall be credited one hundred percent of any cost of care payments or probation supervision fees paid to the state pursuant to section (2)(a)(V) or (1), C.R.S., and from which the general assembly shall make annual appropriations for administrative and personnel costs for adult and juvenile probation services as well as for adjunct adult and juvenile probation services in the judicial department, including treatment services, contract services, drug and alcohol treatment services, and program development, and for associated administrative and personnel costs. The general assembly also shall make annual appropriations from the offender services fund to continue the demonstration drug court program in accordance with the provisions of section (5), C.R.S. Any moneys remaining in said fund at the end of any fiscal year shall not revert to the general fund.... TITLE 18. CRIMINAL CODE ARTICLE 1.3. SENTENCING IN CRIMINAL CASES PART 1. ALTERNATIVES IN SENTENCING S Deferred sentencing--drug offenders--legislative declaration-- demonstration program--repeal (1) The general assembly finds that: (a) Illegal drug use plays a part in much of the crime in Colorado, costs millions of dollars in lost productivity, and contributes to the overcrowding of our courts and jails; (b) Programs in which drug offenders are closely supervised and treated and receive frequent drug tests, commonly referred to as "drug courts", have proven effective in certain judicial districts in Colorado and in other states; (c) It is in the best interest of the citizens of this state to explore the expanded use of these drug courts in Colorado. (2) As used in this section, unless the context otherwise requires, "drug court" means a program whereby eligible defendants are offered a deferred sentence pursuant to the provisions of section but are required to participate in an intensive treatment program involving frequent reporting and testing conditions. (3)(a) On or before December 1, 2000, the state court administrator shall select up to three judicial districts to participate in a three-year demonstration program to study the use of drug courts, referred to in this section as the "demonstration program". Of the judicial districts selected, at least one shall be located in a rural area and at least one shall be located west of the continental divide. (b) Any judicial district desiring to participate in the demonstration program shall submit an application to the state court administrator no later than September 1, The contents of an application may be specified by the state court administrator but shall, at a minimum, include: (I) A statement by the chief judge and the court administrator of the judicial district indicating support for the demonstration program; (II) A plan that: (A) Specifies the criteria that will be used to determine which defendants are eligible for participation in the demonstration program; (B) Specifies the terms of any proposed deferred sentence; (C) Describes the treatment that a participating defendant will be required to undergo; and (D) Describes objective measures that will be used to evaluate the effectiveness of the demonstration program and any cost savings from the demonstration program. (III) A budget that identifies how any additional moneys made available for the drug court would be expended. (4) On or before January 1, 2002, and each January 1 thereafter, each judicial district participating in the demonstration program shall submit a report to the state court administrator concerning the effectiveness of 13

20 the demonstration program and any cost savings achieved as a result of implementation of the demonstration program. On or before March 1, 2004, the state court administrator shall compile the reports from the participating judicial districts and report to the judiciary committees of the senate and house of representatives on the effectiveness of the demonstration program and any cost savings achieved as a result of the implementation of the demonstration program. (5) For fiscal years commencing July 1, 2002, and for fiscal years thereafter, the demonstration program in any judicial district shall continue from funds appropriated from the offender services fund described in section (1). (6) This section is repealed, effective July 1, ARTICLE 19. DRUG OFFENDER SURCHARGE S Judicial district drug offender treatment boards--repeal (1) Each judicial district shall create a drug offender treatment board consisting of the district attorney serving the judicial district or his or her designee, the chief public defender serving the judicial district or his or her designee, and a probation officer working in the judicial district chosen by the chief judge of the judicial district. (2) Each drug offender treatment board shall receive moneys from the state drug offender treatment board pursuant to section (2)(a) and shall distribute those moneys to drug treatment programs based in the judicial district. No program shall receive moneys from the drug offender treatment board without a majority vote of the board. The board shall give priority to drug court funding if the jurisdiction operates a drug court. (3) Each judicial district's drug offender treatment board may adopt rules and guidelines as necessary to perform the functions of the board... CONNECTICUT GENERAL STATUTES OF CONNECTICUT TITLE 51. COURTS CHAPTER 882 SUPERIOR COURT PART I GENERAL PROVISIONS Conn. Gen. Stat. '' b (2001) '' b. Drug docket. The Chief Court Administrator may establish in any geographical area court location or juvenile matters court location a docket separate from other criminal or juvenile matters for the hearing of criminal or juvenile matters in which a defendant is a drug-dependent person, as defined in section 21a-240. The docket in a geographical area court location shall be available to, but not be limited to, offenders who are sixteen to twenty-one years of age and who could benefit from placement in a substance abuse treatment program. HISTORY: (P.A ; P.A , S. 6, 12.) NOTES: P.A replaced provision requiring Chief Court Administrator to designate a court location in which a pilot program for a separate drug docket is to be established with provision authorizing said administrator to establish in any geographical area court location or juvenile matters court location such a docket, specified that the docket shall be separate from other juvenile matters, authorized the docket to hear juvenile matters in which a defendant is a drugdependent person, specified that the availability of the docket to offenders sixteen to twenty-one years of age is only in a geographical area court location and deleted former Subsec. (b) requiring the implementation of the pilot program and a report re its expansion, effective July 1,