78A-5-201 - Creation and expansion of existing drug court programs -- Definition of drug court program -- Criteria for participation in drug court programs -- Reporting requirements. - Utah Statutes

78A-5-201. Creation and expansion of existing drug court programs -- Definition ofdrug court program -- Criteria for participation in drug court programs -- Reportingrequirements.
(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, defensecounsel, corrections, and substance abuse treatment services to reduce substance abuse byoffenders.
(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 casemanagement; and
(ii) 13% to the Administrative Office of the Courts for increased judicial and courtsupport costs.
(b) This provision does not apply to Federal Block Grant funds.
(4) A drug court program shall include continuous judicial supervision using acooperative approach with prosecutors, defense counsel, corrections, substance abuse treatmentservices, juvenile court probation, and the Division of Child and Family Services as appropriateto promote public safety, protect participants' due process rights, and integrate substance abusetreatment 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-relatedoffense;
(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 programrequirements.

Renumbered and Amended by Chapter 3, 2008 General Session