18.2-254.1 - Drug Treatment Court Act. - Virginia Statutes

§ 18.2-254.1. Drug Treatment Court Act.

A. This section shall be known and may be cited as the "Drug Treatment CourtAct."

B. The General Assembly recognizes that there is a critical need in theCommonwealth for effective treatment programs that reduce the incidence ofdrug use, drug addiction, family separation due to parental substance abuse,and drug-related crimes. It is the intent of the General Assembly by thissection to enhance public safety by facilitating the creation of drugtreatment courts as means by which to accomplish this purpose.

C. The goals of drug treatment courts include: (i) reducing drug addictionand drug dependency among offenders; (ii) reducing recidivism; (iii) reducingdrug-related court workloads; (iv) increasing personal, familial and societalaccountability among offenders; and, (v) promoting effective planning and useof resources among the criminal justice system and community agencies.

D. Drug treatment courts are specialized court dockets within the existingstructure of Virginia's court system offering judicial monitoring ofintensive treatment and strict supervision of addicts in drug anddrug-related cases. Local officials must complete a recognized planningprocess before establishing a drug treatment court program.

E. Administrative oversight for implementation of the Drug Treatment CourtAct shall be conducted by the Supreme Court of Virginia. The Supreme Court ofVirginia shall be responsible for (i) providing oversight for thedistribution of funds for drug treatment courts; (ii) providing technicalassistance to drug treatment courts; (iii) providing training for judges whopreside over drug treatment courts; (iv) providing training to the providersof administrative, case management, and treatment services to drug treatmentcourts; and (v) monitoring the completion of evaluations of the effectivenessand efficiency of drug treatment courts in the Commonwealth.

F. A state drug treatment court advisory committee shall be established to(i) evaluate and recommend standards for the planning and implementation ofdrug treatment courts; (ii) assist in the evaluation of their effectivenessand efficiency; and (iii) encourage and enhance cooperation among agenciesthat participate in their planning and implementation. The committee shall bechaired by the Chief Justice of the Supreme Court of Virginia or his designeeand shall include a member of the Judicial Conference of Virginia whopresides over a drug treatment court; a district court judge; the ExecutiveSecretary or his designee; the directors of the following executive branchagencies: Department of Corrections, Department of Criminal Justice Services,Department of Juvenile Justice, Department of Behavioral Health andDevelopmental Services, Department of Social Services; a representative ofthe following entities: a local community-based probation and pretrialservices agency, the Commonwealth's Attorney's Association, the VirginiaIndigent Defense Commission, the Circuit Court Clerk's Association, theVirginia Sheriff's Association, the Virginia Association of Chiefs of Police,the Commission on VASAP, and two representatives designated by the VirginiaDrug Court Association.

G. Each jurisdiction or combination of jurisdictions that intend to establisha drug treatment court or continue the operation of an existing one shallestablish a local drug treatment court advisory committee. Jurisdictions thatestablish separate adult and juvenile drug treatment courts may establish anadvisory committee for each such court. Each advisory committee shall ensurequality, efficiency, and fairness in the planning, implementation, andoperation of the drug treatment court or courts that serve the jurisdictionor combination of jurisdictions. Advisory committee membership shall include,but shall not be limited to the following people or their designees: (i) thedrug treatment court judge; (ii) the attorney for the Commonwealth, or, whereapplicable, the city or county attorney who has responsibility for theprosecution of misdemeanor offenses; (iii) the public defender or a member ofthe local criminal defense bar in jurisdictions in which there is no publicdefender; (iv) the clerk of the court in which the drug treatment court islocated; (v) a representative of the Virginia Department of Corrections, orthe Department of Juvenile Justice, or both, from the local office whichserves the jurisdiction or combination of jurisdictions; (vi) arepresentative of a local community-based probation and pretrial servicesagency; (vii) a local law-enforcement officer; (viii) a representative of theDepartment of Behavioral Health and Developmental Services or arepresentative of local drug treatment providers; (ix) the drug courtadministrator; (x) a representative of the Department of Social Services;(xi) county administrator or city manager; and (xii) any other peopleselected by the drug treatment court advisory committee.

H. Each local drug treatment court advisory committee shall establishcriteria for the eligibility and participation of offenders who have beendetermined to be addicted to or dependent upon drugs. Subject to theprovisions of this section, neither the establishment of a drug treatmentcourt nor anything herein shall be construed as limiting the discretion ofthe attorney for the Commonwealth to prosecute any criminal case arisingtherein which he deems advisable to prosecute, except to the extent theparticipating attorney for the Commonwealth agrees to do so. As defined in §17.1-805 or 19.2-297.1, adult offenders who have been convicted of a violentcriminal offense within the preceding 10 years, or juvenile offenders whopreviously have been adjudicated not innocent of any such offense within thepreceding 10 years, shall not be eligible for participation in any drugtreatment court established or continued in operation pursuant to thissection.

I. Each drug treatment court advisory committee shall establish policies andprocedures for the operation of the court to attain the following goals: (i)effective integration of drug and alcohol treatment services with criminaljustice system case processing; (ii) enhanced public safety through intensiveoffender supervision and drug treatment; (iii) prompt identification andplacement of eligible participants; (iv) efficient access to a continuum ofalcohol, drug, and related treatment and rehabilitation services; (v)verified participant abstinence through frequent alcohol and other drugtesting; (vi) prompt response to participants' noncompliance with programrequirements through a coordinated strategy; (vii) ongoing judicialinteraction with each drug court participant; (viii) ongoing monitoring andevaluation of program effectiveness and efficiency; (ix) ongoinginterdisciplinary education and training in support of program effectivenessand efficiency; and (x) ongoing collaboration among drug treatment courts,public agencies, and community-based organizations to enhance programeffectiveness and efficiency.

J. Participation by an offender in a drug treatment court shall be voluntaryand made pursuant only to a written agreement entered into by and between theoffender and the Commonwealth with the concurrence of the court.

K. Nothing in this section shall preclude the establishment of substanceabuse treatment programs and services pursuant to the deferred judgmentprovisions of § 18.2-251.

L. Each offender shall contribute to the cost of the substance abusetreatment he receives while participating in a drug treatment court pursuantto guidelines developed by the drug treatment court advisory committee.

M. Nothing contained in this section shall confer a right or an expectationof a right to treatment for an offender or be construed as requiring a localdrug treatment court advisory committee to accept for participation everyoffender.

N. The Office of the Executive Secretary shall, with the assistance of thestate drug treatment court advisory committee, develop a statewide evaluationmodel and conduct ongoing evaluations of the effectiveness and efficiency ofall local drug treatment courts. A report of these evaluations shall besubmitted to the General Assembly by December 1 of each year. Each local drugtreatment court advisory committee shall submit evaluative reports to theOffice of the Executive Secretary as requested.

O. Notwithstanding any other provision of this section, no drug treatmentcourt shall be established subsequent to March 1, 2004, unless thejurisdiction or jurisdictions intending or proposing to establish such courthave been specifically granted permission under the Code of Virginia toestablish such court. The provisions of this subsection shall not apply toany drug treatment court established on or before March 1, 2004, andoperational as of July 1, 2004.

P. Subject to the requirements and conditions established by the state DrugTreatment Court Advisory Committee, there shall be established a drugtreatment court in the following jurisdictions: the City of Chesapeake andthe City of Newport News.

Q. Subject to the requirements and conditions established by the state DrugTreatment Court Advisory Committee, there shall be established a drugtreatment court in the Juvenile and Domestic Relations District Court for theCounty of Franklin, provided that such court is funded solely through localsources.

R. Subject to the requirements and conditions established by the state DrugTreatment Court Advisory Committee, there shall be established a drugtreatment court in the City of Bristol and the County of Tazewell, providedthat the court is funded within existing state and local appropriations.

(2004, c. 1004; 2005, cc. 519, 602; 2006, cc. 175, 341; 2007, c. 133; 2009,cc. 205, 281, 294, 813, 840; 2010, c. 258.)