§62-15A-1. Definitions
As used in this article: “Addiction service provider” means a person licensed by this state to provide addiction and substance abuse services to persons addicted to opioids. “Adult drug court judge” means a circuit court judge operating a drug court as defined in §62-15-2 of this code. “Adult Drug Court Program” means an adult treatment […]
§62-15-2. Definitions
For the purposes of this article: (1) "Assessment" means a diagnostic evaluation to determine whether and to what extent a person is a drug offender under this article and would benefit from its provisions. The assessment shall be conducted in accordance with the standardized risk and needs assessment and risk cut-off scores adopted by the […]
§62-15-3. Policy and Goals
The Legislature recognizes that a critical need exists in this state for the criminal justice system to reduce the incidence of substance abuse and the crimes resulting from it. For the criminal justice system to maintain credibility, all drug offenders must be held accountable for their actions. A growing body of research demonstrates the impact […]
§62-15-4. Court Authorization and Structure
(a) Each judicial circuit or two or more adjoining judicial circuits may establish a drug court or regional drug court program under which drug offenders will be processed to address appropriately, the identified substance abuse problem as a condition of pretrial release, probation, incarceration, parole or other release from a correctional facility: Provided, That all […]
§62-15-5. Drug Court Teams
(a) Each local jurisdiction that intends to establish a drug court, or continue the operation of an existing drug court, shall establish a local drug court team. (b) The drug court team shall, when practicable, conduct a staffing prior to each drug court session to discuss and provide updated information regarding drug offenders. After determining […]
§62-15-6. Eligibility
(a) A drug offender shall not be eligible for the drug court program if: (1) The underlying offense involves a felony crime of violence, unless there is a specific treatment program available designed to address violent offenders;
§62-15-6a. Treatment Supervision
(a) A felony drug offender is eligible for treatment supervision only if the offender would otherwise be sentenced to prison, and the standardized risk and needs assessment indicates the offender has a high risk for reoffending and a need for substance abuse treatment: Provided, That an inmate who is, or has been, convicted for a […]
§62-15-6b. Intermediate Incarceration Sanctions for Drug Court Participants; Responsibility for Costs of Incarceration
(a) Whenever a judge of a drug court determines that a participant who has pled to a felony offense has committed a violation of his or her conditions of participation which would, in the judge's opinion, warrant a period of incarceration to encourage compliance with program requirements, the cost of the incarceration, not to exceed […]
§62-15-7. Treatment and Support Services
(a) As part of any diagnostic assessments, the individual assessment should make specific recommendations to the drug court team regarding the type of treatment program and duration necessary so that a drug offender's individualized needs can be addressed. These assessments and resulting recommendations should be based upon objective medical diagnostic criteria. Treatment recommendations accepted by […]
§62-15-8. Drug Testing
(a) The drug court team shall ensure fair, accurate, and reliable drug testing procedures, following collection procedures approved by the Supreme Court of Appeals. (b) The drug offender shall be ordered to submit to frequent, random, and observed drug testing to monitor abstinence. (c) Anyone in receipt of drug test results shall maintain the information […]