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