HB0082 - Drug courts.
|
2001 |
State of Wyoming |
01LSO-0127.E1 ENGROSSED |
HOUSE BILL NO. HB0082
Drug courts.
Sponsored by: Joint Labor, Health and Social Services
Interim Committee
A BILL
for
1 AN ACT relating to drug courts; providing for the funding
2
of a drug court program; specifying qualifications for
3
funding; establishing a drug court panel; providing for
4
administration; creating a drug court account; providing an
5
appropriation; authorizing an additional position; and
6
providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 5-9-101 through 5-9-107
are created
11 to read:
12
13 CHAPTER 9
14 DRUG COURTS
15
16 5-9-101. Purpose and goals.
Page 1
1
2 (a) The
legislature recognizes that a critical need
3
exists in this state for criminal justice system programs
4
that will break the cycle of drug and alcohol abuse and
5
addiction and the crimes committed as a result of drug and
6
alcohol abuse and addiction. Local drug court programs
7
shall be facilitated for the purpose of:
8
9 (i) Providing
sentencing options for the
10 judicial system to dispose of cases
stemming from drug use;
11 and
12
13 (ii) Combining
judicial supervision, supervised
14 probation, drug testing, treatment,
aftercare and
15 monitoring of drug court
participants.
16
17 (b) The goals
of the drug court programs funded under
18 this article include the following:
19
20 (i) To reduce
alcoholism and other drug
21 dependency among offenders;
22
23 (ii) To reduce
recidivism rates in both drug use
24 and criminal activity;
Page 2
1
2 (iii) To reduce the drug related court workload;
3
4 (iv) To increase
the personal, familial and
5
societal accountability of offenders; and
6
7 (v) To promote
effective interaction and use of
8
resources among criminal justice personnel, state agencies
9
and community agencies.
10
11 5-9-102. Establishment of drug court
system; drug
12 court account.
13
14 (a) There is
created a drug court account within the
15 special revenue fund. All interest
earned on funds within
16 this account shall be deposited in
the account.
17
18 (b) Any drug
court which meets all of the
19 qualifications of W.S. 5-9-106 and
rules and regulations
20 properly promulgated is eligible for
funding from the drug
21 court account in an amount not to
exceed two hundred
22 thousand dollars ($200,000.00) for
each fiscal year.
23
Page 3
1 (c) The
department of health shall make funding
2
recommendations to the drug court panel based on the amount
3
of funding which the county supplies to its drug court. The
4
department of health shall make recommendations regarding a
5
proportionate contribution to each participating county
6
from the drug court account subject to the maximum amount
7
established in subsection (b) of this section.
8
9 5-9-103. Drug court panel.
10
11 (a) The
department of health shall oversee and
12 provide funding for the drug courts
from the drug court
13 account. The department of health
shall implement rules and
14 regulations specifying a funding
application procedure,
15 certification requirements for the
treatment of personnel
16 participating in the drug court
program and drug court
17 program office guidelines. In order
to maximize federal
18 financial participation, compliance
with the United States'
19 Department of Justice Drug Court
Program guidelines shall
20 be considered by the department.
21
22 (b) A drug
court panel shall consist of the following
23 persons or their designees: chairman
of the board of
24 judicial policy and administration,
chairman of the
Page 4
1 governor's
substance abuse and violent crime advisory
2
board, director of the department of health, the attorney
3
general, director of the department of family services,
4
director of the department of corrections and the state
5
public defender. The panel, upon recommendations from the
6
department of health, shall make all funding
7
determinations. The panel shall determine whether a local
8
drug court management committee which makes application for
9
drug court funding meets the criteria established by W.S.
10 5-9-106.
11
12 (c) Any expenses
incurred in implementing this act
13 shall be paid from the drug court
account by the department
14 of health. Administrative expenses
shall be minimized and
15 shall not exceed ten percent (10%)
of the amounts
16 appropriated to the drug court
system.
17
18 (d) Those
members of the drug court panel who are not
19 full-time employees of the state of
Wyoming shall receive
20 as compensation one hundred
twenty-five dollars ($125.00)
21 for each day necessarily employed in
attending the meetings
22 of the board, and shall also receive
per diem and mileage
23 allowance as allowed to state
employees for attending the
Page 5
1 meetings
and performing the duties incumbent upon them as
2
members of the drug court panel.
3
4 5-9-104. Local drug court management committee.
5
6 (a) A local
drug court management committee shall be
7
established by each local drug court. The members of this
8
management committee shall be actively involved with the
9
drug court. The management committee shall consist of:
10
11 (i) The judge
who presides over the local drug
12 court;
13
14 (ii) One (1)
prosecuting attorney, selected by
15 the county or district attorney;
16
17 (iii) One (1)
member of the bar who practices
18 criminal defense, selected by those
members of the bar who
19 practice criminal defense before the
judge;
20
21 (iv) A
monitoring officer, agreed upon by the
22 attorney members of the committee
and the judge; and
23
Page 6
1 (v) A
representative of the treatment providers,
2
agreed upon by the attorney members of the committee and
3
the judge.
4
5 (b) The five
(5) members of the local drug court
6
management committee specified in subsection (a) of this
7
section may appoint additional members.
8
9 (c) All members
shall be residents of, or practicing
10 in the county or counties served by
the local drug court.
11
12 (d) Each local
drug court management committee shall
13 manage the funds received from the
drug court account, meet
14 any reporting requirements of the
department of health and
15 appoint a drug court coordinator or
program manager who
16 shall be responsible for
administration and oversight of
17 the court and will be the primary
contact for outside
18 agencies.
19
20 (e) The drug
court coordinator or program manager and
21 any other persons employed shall
receive compensation as
22 determined by the local drug court
management committee.
23
Page 7
1 5-9-105. Application; selection by
drug court panel;
2 report
on grants awarded.
3
4 (a) Requests
for new or continued funding of drug
5
courts may be submitted annually by any local drug court
6
management committee to the drug court panel on dates set
7
by the department of health. Submitted proposals shall be
8
in a form provided and prescribed by the department of
9
health, which shall, at a minimum, require the qualifying
10 information provided by W.S. 5-9-106.
11
12 (b) The Wyoming
Criminal Justice Statistical Analysis
13 Center within the University of
Wyoming shall be utilized
14 in providing appropriate data for a
proposal.
15
16 (c) The drug
court panel shall award grants to only
17 those drug courts which meet the
standards required by this
18 article and rules and regulations
promulgated by the
19 department of health.
20
21 (d) In accordance
with determinations of the drug
22 court panel, the department of
health shall annually
23 distribute funds to the management
committee of selected
24 drug courts on or before September
1. Drug court grants
Page 8
1 received
under this article shall only be used for the
2
purposes for which the grant is awarded and shall not be
3
expended for any other program, activity or purpose.
4
5 (e) The
department of health shall, on behalf of the
6
drug court panel, annually report to the governor and the
7
joint labor, health and social services committee on the
8
selected drug courts which receive funding. The report
9
shall include an evaluation of the drug courts and a
10 determination of whether each drug
court funded under this
11 article is successful in meeting the
objectives of this
12 article.
13
14 5-9-106. Qualifications.
15
16 (a) To be
eligible for funding from the state drug
17 court account a local drug court
shall:
18
19 (i) Integrate
substance abuse treatment services
20 with the justice system case
processing;
21
22 (ii) Use a
nonadversarial approach involving
23 both the prosecution and defense
counsel to promote public
Page 9
1 safety
while providing appropriate treatment for the
2
adjudicated individual;
3
4 (iii) Identify
eligible participants early and
5
promptly place the eligible participant in the drug court
6
program;
7
8 (iv) Provide
access to a continuum of substance
9
abuse related treatment and rehabilitation services;
10
11 (v) Monitor
long term abstinence by frequent
12 drug and alcohol testing;
13
14 (vi) Coordinate
a strategy which will guide drug
15 court responses to a participant's
compliance with the
16 program requirements;
17
18 (vii) Facilitate
ongoing judicial interaction
19 with each drug court participant;
20
21 (viii) Monitor and
evaluate the achievement of
22 program goals and gauge the
effectiveness of the program;
23
Page 10
1 (ix) Continue interdisciplinary
education which
2
promotes effective drug court planning, implementation and
3
operations;
4
5 (x) Forge
partnerships among drug courts, public
6
agencies, community-based organizations and private
7
foundations and businesses which generate local support and
8
enhance the effectiveness of the drug court program; and
9
10 (xi) Have
maximized the use of available federal
11 funding from the United States
department of justice drug
12 court program under the guidelines
of title 42, section
13 3796ii of the United States Code.
14
15 5-9-107. Conditions for admission to
a drug court
16 program.
17
18 (a) Each drug
court shall establish conditions for
19 referral of proceedings to the court
consistent with drug
20 court program office guidelines. Any
proceeding accepted by
21 the drug court program for
disposition shall be upon
22 agreement of the parties. Any drug
court participant shall
23 agree to the release of medical and
other records relevant
Page 11
1 to
the treatment of the participant pursuant to subsection
2
(b) of this section.
3
4 (b) Drug court
staff, designated by the judge, shall
5
be provided with access to all records of any state or
6
local government agency relevant to the treatment of any
7
program participant. Agency employees shall fully inform a
8
drug court staff of all matters relevant to the treatment
9
of the participant. No contents of records and reports
10 shall be disclosed to any person
outside of the drug court.
11 The records and reports shall be
maintained by the court in
12 a confidential file not available to
the public.
13
14 Section
2. W.S. 7-19-106(a) by creating
a new
15 paragraph (ix) is amended to read:
16
17 7-19-106. Access to, and dissemination
of,
18 information.
19
20 (a) Criminal
history record information shall be
21 disseminated by criminal justice
agencies in this state,
22 whether directly or through any
intermediary, only to:
23
Page 12
1 (ix) Drug court staff
utilizing the information
2 pursuant to the drug court act in
title 5, chapter 9.
3
5
6 (a) One million five hundred thousand
dollars
7
($1,500,000.00) is appropriated from the general fund to
8
the drug court account to be expended by the department of
9
health for purposes of this act.
10
11 (b) There
is authorized one (1) additional full-time
12 position for the department of
health, substance abuse
13 division, for the fiscal year
beginning July 1, 2001.
14
15 Section 4. This act is effective July 1, 2001.
16
17 (END)
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