§ 16-22-101. Short Title
This chapter shall be known and may be cited as the “Drug Court Treatment Act of 2003.”
§ 16-22-102. Legislative Intent — Goals
The general assembly recognizes that a critical need exists in this state for criminal justice system programs to reduce the incidence of drug use, drug addiction and crimes committed as a result of drug use and drug addiction. It is the intent of the general assembly by this chapter to create a program to facilitate […]
§ 16-22-103. Chapter Definitions
As used in this chapter: “Chemically dependent” means a maladaptive pattern of substance use leading to clinically significant impairment or distress as manifested by two (2) or more of the pre-determinate symptoms occurring at any time in the same twelve-month period; “Drug court treatment program” means any drug court treatment program created within the state […]
§ 16-22-104. General Principles
All drug court treatment programs in this state shall be established and operate according to the following general principles as established by the National Association of Drug Court Professionals, Drug Court Standards Committee: Drug courts integrate alcohol and other drug treatment services with justice system case processing; Drug courts use a nonadversarial approach, with prosecution […]
§ 16-22-105. Administration
The department of mental health and substance abuse services shall administer the drug court treatment program by: Defining, developing, and gathering outcome measures for drug court treatment programs relating to § 16-22-102; Collecting, reporting and disseminating drug court treatment data; Supporting a state drug treatment mentor program; Sponsoring and coordinating state drug court treatment training; […]
§ 16-22-106. Application for Grant Funds
Through the department of mental health and substance abuse services, a court exercising criminal jurisdiction within this state or an existing drug court treatment program created by a court exercising criminal jurisdiction may apply for drug court treatment program grant funds to: Fund a full-time or part-time program director position; Fund drug court treatment staff […]
§ 16-22-107. Prohibited Use of Grant Awards
Department of mental health and substance abuse services grant awards may not be: Used to pay for wages not directly related to drug court treatment program operations; Made to any court that does not agree to operate its program in accordance with the principles in § 16-22-104; Used for construction or land acquisition; Used to […]
§ 16-22-108. Establishment of Advisory Committee
The commissioner of finance and administration shall establish an advisory committee composed of seven (7) members, two (2) of whom shall be judges who have presided over a drug court for at least two (2) years and two (2) of whom shall be drug coordinators who have functioned as drug coordinators in actively implemented drug […]
§ 16-22-109. Collection and Assessment of Fees
The clerks of all courts of general sessions, circuit and criminal courts and municipal courts exercising the jurisdiction of courts of general sessions shall collect the sum of seventy-five dollars ($75.00), or in counties establishing or operating a veterans treatment court in accordance with § 16-6-104, one hundred thirty dollars ($130), from any person who: […]
§ 16-22-110. Administration and Disbursement of Fees
The assessment collected and remitted to the state shall be placed in a drug court treatment program resources fund for the purposes of funding drug court treatment program administration and the grant awards as provided in §§ 16-22-105 and 16-22-106. The office of criminal justice programs shall administer the money in the drug court treatment […]
§ 16-22-111. No Right to Treatment Conferred
Nothing contained in this chapter shall confer a right or an expectation of a right to treatment for an offender within the criminal justice system.
§ 16-22-112. Construction
Nothing in this chapter shall be construed to limit the ability of any jurisdiction to create or maintain a drug court treatment program that adheres to the guidelines set forth in § 16-22-104.
§ 16-22-113. Treatment Program Participants
Each participant in a drug court treatment program shall: Not be a violent offender as defined in § 16-22-103; Be substance abusing or chemically dependent, or both; and Be willing to participate in a treatment program.
§ 16-22-114. Juvenile Court Drug Court Treatment Programs
In addition to courts exercising criminal jurisdiction and authorized to serve as drug treatment courts, courts exercising jurisdiction over juveniles alleged to be delinquent or unruly may also develop and operate drug court treatment programs, subject to all guidelines and requirements in this chapter. The juvenile drug court treatment programs shall not be funded or […]