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S1171................................................by JUDICIARY AND RULES
DRUG COURTS - Adds to existing law to create drug courts; to provide a
statement of policy; to provide eligibility requirements; to provide for
drug court evaluation; to provide for implementation of drug courts; to
provide for funding; and to provide for drug court participant fees.
02/20 Senate intro - 1st rdg - to printing
02/21 Rpt prt - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsors -- Darrington & Stegner
Title apvd - to House
03/06 House intro - 1st rdg - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 61-0-8(1 vacant)
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bruneel, Callister, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney,
Ellis, Ellsworth, Eskridge, Field(20), Gagner, Gould, Hadley,
Hammond, Harwood, Higgins, Hornbeck, Jaquet, Kellogg, Kunz, Lake,
Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Sellman, Shepherd, Smith, Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young
NAYS -- None
Absent and excused -- Bradford, Campbell, Field(13), Henbest, Jones,
Kendell, Schaefer, Mr. Speaker
Vacant -- Dist. #23
Floor Sponsors -- Young & Boe
Title apvd - to Senate
03/26 To enrol - Rpt enrol - Pres signed
03/28 Sp signed - to Governor
04/04 Governor signed
Session Law Chapter 337
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1171
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DRUG COURTS; AMENDING TITLE 19, IDAHO CODE, BY THE ADDITION OF A
3 NEW CHAPTER 56, TITLE 19, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE
4 A STATEMENT OF POLICY, TO PROVIDE FOR THE ESTABLISHMENT OF DRUG COURTS, TO
5 PROVIDE ELIGIBILITY REQUIREMENTS, TO PROVIDE FOR DRUG COURT EVALUATION, TO
6 PROVIDE FOR THE IMPLEMENTATION OF DRUG COURTS AND TO PROVIDE FOR DRUG
7 COURT FUNDING; AMENDING CHAPTER 32, TITLE 31, IDAHO CODE, BY THE ADDITION
8 OF A NEW SECTION 31-3201E, IDAHO CODE, TO PROVIDE FOR DRUG COURT PARTICI-
9 PANT FEES AND TO PROVIDE FOR A DRUG COURT FUND.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Title 19, Idaho Code, be, and the same is hereby amended
12 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
13 ter 56, Title 19, Idaho Code, and to read as follows:
14 CHAPTER 56
15 IDAHO DRUG COURT ACT
16 19-5601. SHORT TITLE. This chapter shall be known and may be cited as the
17 "Idaho Drug Court Act."
18 19-5602. STATEMENT OF POLICY. The legislature finds that:
19 (1) Substance abuse is a contributing cause for much of the crime in
20 Idaho, costs millions of dollars in productivity, contributes to the ever
21 increasing jail and prison populations and adversely impacts Idaho children;
22 (2) Drug courts which closely supervise, monitor, test and treat sub-
23 stance abusers have proven effective in certain judicial districts in Idaho
24 and in other states in reducing the incidence of drug use, drug addiction, and
25 crimes committed as a result of drug use and drug addiction. Successful drug
26 courts are based on partnerships among the courts, law enforcement, correc-
27 tions and social welfare agencies;
28 (3) It is in the best interests of the citizens of this state to expand
29 the use of drug courts in Idaho.
30 The goals of the drug courts created by this chapter are to reduce the
31 overcrowding of jails and prisons, to reduce alcohol and drug abuse and
32 dependency among criminal and juvenile offenders, to hold offenders account-
33 able, to reduce recidivism, and to promote effective interaction and use of
34 resources among the courts, justice system personnel and community agencies.
35 19-5603. DRUG COURT -- ESTABLISHMENT. The district court in each county
36 may establish a drug court which shall include a regimen of graduated sanc-
37 tions and rewards, substance abuse treatment, close court monitoring and
38 supervision of progress, educational or vocational counseling as appropriate,
39 and other requirements as may be established by the district court, in accor-
40 dance with standards developed by the Idaho supreme court drug court coordi-
2
1 nating committee.
2 19-5604. ELIGIBILITY. No person has a right to be admitted into drug
3 court. The drug court in each county shall determine the eligibility of per-
4 sons who may be admitted into drug court except that each candidate, prior to
5 being admitted, must undergo: (a) a substance abuse assessment; and (b) a
6 criminogenic risk assessment. No person shall be eligible to participate in
7 drug court if any of the following apply:
8 (1) The person is currently charged with, has pled or has been adjudi-
9 cated or found guilty of, a felony crime of violence or a felony crime in
10 which the person used either a firearm or a deadly weapon or instrument.
11 (2) The person is currently charged with, or has pled or been found
12 guilty of, a felony in which the person committed, attempted to commit, con-
13 spired to commit, or intended to commit a sex offense.
14 19-5605. DRUG COURT EVALUATION. The district court of each county which
15 has implemented a drug court program shall annually evaluate the program's
16 effectiveness and provide a report to the supreme court as requested. A report
17 evaluating the effectiveness of drug courts in the state shall be submitted to
18 the governor and to the legislature by the first day of the legislative ses-
19 sion each year.
20 19-5606. IMPLEMENTATION OF DRUG COURTS. The supreme court shall establish
21 a drug court coordinating committee consisting of judges, court administra-
22 tors, drug court coordinators, prosecuting attorneys, public defenders, state
23 and county probation officers, treatment providers, representatives of the
24 department of correction, the department of education, the commission of par-
25 dons and parole, the department of health and welfare, the department of juve-
26 nile corrections, the Idaho state police, the Idaho transportation department,
27 legislators, a representative of the governor's office, law enforcement offi-
28 cers, mental health professionals, and others, which shall establish a drug
29 court implementation plan and oversee ongoing drug court programs. The imple-
30 mentation plan shall include a strategy to forge partnerships among drug
31 courts, public agencies, and community-based organizations to enhance drug
32 court effectiveness. The committee shall also develop guidelines for drug
33 courts addressing eligibility, identification and screening, assessment,
34 treatment and treatment providers, case management and supervision, and evalu-
35 ation. The coordinating committee shall also solicit specific drug court
36 plans, and recommend funding priorities and decisions per judicial district;
37 pursue all available alternate funding; provide technical assistance, develop
38 procedural manuals, and schedule training opportunities for the drug court
39 teams; design an evaluation strategy, including participation in the statewide
40 substance abuse evaluation plan; and design an automated drug court management
41 information system, which promotes information sharing with other entities.
42 19-5607. DRUG COURT FUNDING. Subject to the appropriation power of the
43 legislature, the supreme court shall be responsible for administering, allo-
44 cating and apportioning all appropriations from the legislature for drug
45 courts.
46 SECTION 2. That Chapter 32, Title 31, Idaho Code, be, and the same is
47 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
48 ignated as Section 31-3201E, Idaho Code, and to read as follows:
49 31-3201E. PARTICIPANT FEES -- DRUG COURT FUND. Each person admitted into
3
1 a drug court shall pay a drug court fee in an amount not to exceed three hun-
2 dred dollars ($300) per month or lesser amount as set by the administrative
3 district judge for participants in the drug court. For good cause, the judge
4 presiding over a drug court may exempt a participant from paying all or a por-
5 tion of the drug court fee. The fee imposed under this section shall be paid
6 to the clerk of the district court for deposit into the county drug court fund
7 which is hereby created in each county which has a drug court. Moneys in this
8 fund may be accumulated from year to year and shall be expended exclusively
9 for expenses incurred in connection with the drug court including, but not
10 limited to, substance abuse treatment, drug testing and supervision.
STATEMENT OF PURPOSE
RS 11127C2
The purpose of this legislation is to provide a statutory
framework for the expansion of drug courts to each judicial
district. Drug courts integrate drug treatment with case
processing and require eligible defendants to be assessed,
closely monitored, and tested during an intensive period of court
supervision as an alternative to incarceration.
Drug courts lower jail and prison overcrowding by reducing
the incidence of drug use and addiction and other crimes
committed as a result of drug abuse and addiction. Drug courts
also reduce costs associated with criminal processing, incarceration,
and recidivism.
FISCAL NOTE
The estimated statewide cost to expand drug courts to each
district for up to 75 offenders per district or 525 offenders
statewide in fiscal year 2002 is $2,367,000. $1,567,000 of this
cost has been requested through the general fund appropriations
process. $300,000 of the remaining cost will be funded by fees
charged to drug court participants as authorized by this
legislation, and $500,000 will be obtained by maximizing the
effective use of existing treatment dollars and existing
resources to operate drug courts, by agency services, and
criminal justice and substance abuse grants.
Contact:
Senator Denton Darrington
(208) 332-1317
Senator Joe Stegner
(208) 332-1340
STATEMENT OF PURPOSE/FISCAL NOTEBill S 1171