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2005 1103 (2005)

handle is hein.ssl/ssut0007 and id is 1 raw text is: General Session - 2005

CHAPTER 159
S. B. 135
Passed February 16, 2005
Approved March 16, 2005
Effective May 2, 2005
DRUG COURTS PILOT PROJECT
Chief Sponsor: Lyle W. Hillyard
House Sponsor: Scott L Wyatt

LONG TITLE
General Description:
This bill allows for the creation of drug courts in any
judicial district, and the creation of a Drug Board
Pilot Project in Davis and Weber counties for
intensive substance abuse treatment. This bill sets
out participant screening criteria, and requires
participation by the Board of Pardons and Parole.
Highlighted Provisions:
This bill:
• allows any judicial district to create a drug court;
and
allows creation of a pilot drug board to oversee
intensive  substance  abuse  treatment for
parolees under conditions set out by the Board of
Pardons and Parole and the Department of
Corrections.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
78-3-32, Utah Code Annotated 1953
78-3-33, Utah Code Annotated 1953
Uncodified Material Affected:
REPEALS        UNCODIFIED        MATERIAL:
Uncodified Section 1, Chapter 337, Laws of
Utah 2000
Uncodified Section 2, Chapter 337, Laws of
Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-3-32 is enacted to
read:
78-3-32. Creation and expansion of existing
drug court programs -- Definition of drug
court program -- Criteria for participation
in drug court programs -- Reporting
requirements.
(1) There may be created a drug court program in
any judicial district that demonstrates:
(a) the need for a drug court program; and
(b) the existence of a collaborative strategy
between the court, prosecutors, defense counsel,
corrections, and  substance  abuse treatment
services to reduce substance abuse by offenders.
(2) The collaborative strategy in each drug court
program shall:

(a)    include  monitoring  and   evaluation
components to measure program effectiveness; and
(b)   be submitted to, for the purpose of
coordinating the disbursement of funding, the:
(i) executive director of the Department of
Human Services;
(ii) executive director of the Department of
Corrections; and
(iii) state court administrator.
(3) (a) Funds disbursed to a drug court program
shall be allocated as follows:
(i) 87% to the Department of Human Services for
testing, treatment, and case management; and
(ii) 13% to the Administrative Office of the Courts
for increased judicial and court support costs.
(b) This provision does not apply to Federal Block
Grant funds.
(4)   A  drug court program    shall include
continuous judicial supervision using a cooperative
approach  with  prosecutors, defense counsel,
corrections, substance abuse treatment services,
juvenile court probation, and the Division of Child
and Family Services as appropriate to promote
public safety, protect participants' due process
rights, and integrate substance abuse treatment
with justice system case processing.
(5) Screening criteria for participation in a drug
court program shall include:
(a) a plea to, conviction of, or adjudication for a
nonviolent drug offense or drug-related offense;
(b) an agreement to frequent alcohol and other
drug testing;
(c) participation in one or more substance abuse
treatment programs; and
(d) an agreement to submit to sanctions for
noncompliance   with   drug   court  program
requirements.
Section 2. Section 78-3-33 is enacted to
read
78-3-33. Creation of Drug Board Pilot
Project -- Definition of Drug Board Pilot
Project -- Criteria for parolee
participation in the Drug Board Pilot
Project -- Reporting requirements.
(1) There may be created a Drug Board Pilot
Project in Davis and Weber counties that includes
intensive substance abuse treatment, frequent
drug testing, and other additional conditions of
parole, with the expectation that the offender will
be required to complete the substance abuse
treatment, remain drug free, and meet all other
conditions of parole.
(2) Screening criteria for parolee participation in
the Drug Board Pilot Project shall:
(a) be determined by the Board of Pardons and
Parole and the Department of Corrections; and
(b) include parolees who are facing an eminent
return to prison due to substance abuse.

1103

Ch. 159

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