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SECOND REGULAR SESSION
HOUSE BILL NO. 3417
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE JAMISON.
7280H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 478.001, RSMo, and to enact in lieu thereof one new section relating to
treatment courts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 478.001, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 478.001, to read as follows:
478.001. 1. For purposes of sections 478.001 to 478.009, the following terms shall
2 mean:
3 (1) "Adult treatment court", a treatment court focused on addressing the substance use
4 disorder or co-occurring disorder of defendants char ged with a criminal of fense;
5 (2) "Community-based substance use disorder treatment program", an agency
6 certified by the department of mental health as a substance use disorder treatment provider;
7 (3) "Co-occurring disorder", the coexistence of both a substance use disorder and a
8 mental health disorder;
9 (4) "Domestic violence tr eatment court", a tr eatment court focused on
10 addr essing a substance use disorder or co-occurring disorder of defendants charged
11 with a criminal offense involving domestic violence;
12 (5) "DWI court", a treatment court focused on addressing the substance use disorder
13 or co-occurring disorder of defendants who have pleaded guilty to or been found guilty of
14 driving while intoxicated or driving with excessive blood alcohol content;
15 [ (5) ] (6) "Family treatment court", a treatment court focused on addressing a
16 substance use disorder or co-occurring disorder existing in families in the juvenile court,
17 family court, or criminal court in which a parent or other household member has been
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 determined to have a substance use disorder or co-occurring disorder that impacts the safety
19 and well-being of the children in the family;
20 [ (6) ] (7) "Juvenile treatment court", a treatment court focused on addressing the
21 substance use disorder or co-occurring disorder of juveniles in the juvenile court;
22 [ (7) ] (8) "Medication-assisted treatment", the use of pharmacological medications, in
23 combination with counseling and behavioral therapies, to provide a whole-patient approach to
24 the treatment of substance use disorders;
25 [ (8) ] (9) "Mental health disorder", any or ganic, mental, or emotional impairment that
26 has substantial adverse ef fects on a person's cognitive, volitional, or emotional function and
27 that constitutes a substantial impairment in a person's ability to participate in activities of
28 normal living;
29 [ (9) ] (10) "Mental health treatment court", a treatment court focused on addressing
30 the mental health disorder or co-occurring disorder of defendants char ged with a criminal
31 of fense;
32 [ (10) ] (1 1) "Risk and needs assessment", an actuarial tool, approved by the treatment
33 courts coordinating commission and validated on a tar geted population of drug-involved adult
34 of fenders, scientifically proven to determine a person's risk to recidivate and to identify
35 criminal risk factors that, when properly addressed, can reduce that person's likelihood of
36 committing future criminal behavior;
37 [ (1 1) ] (12) "Substance use disorder", the recurrent use of alcohol or drugs that causes
38 clinically significant impairment, including health problems, disability , and failure to meet
39 major responsibilities at work, school, or home;
40 [ (12) ] (13) "T reatment court commissioner", a person appointed by a majority of the
41 circuit and associate circuit judges in a circuit to preside as the judicial of ficer in the treatment
42 court division;
43 [ (13) ] (14) "T reatment court division", a specialized, nonadversarial court division
44 with jurisdiction over cases involving substance-involved of fenders and making extensive use
45 of comprehensive supervision, drug or alcohol testing, and treatment services. T reatment
46 court divisions include, but are not limited to, the following specialized courts: adult
47 treatment court, domestic violence tr eatment court, DWI court, family treatment court,
48 juvenile treatment court, mental health treatment court, veterans treatment court, or any
49 combination thereof;
50 [ (14) ] (15) "T reatment court team", the following members who are assigned to the
51 treatment court: the judge or treatment court commissioner , treatment court administrator or
52 coordinator , prosecutor , public defender or member of the criminal defense bar , a
53 representative from the division of probation and parole, a representative from law
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54 enforcement, substance use disorder or mental health disorder treatment providers, and any
55 other person selected by the treatment court team;
56 [ (15) ] (16) "V eterans treatment court", a treatment court focused on substance use
57 disorders, co-occurring disorders, or mental health disorders of defendants char ged with a
58 criminal of fense who are military veterans or current military personnel.
59 2. A treatment court division shall be established, prior to August 28, 2021, by any
60 circuit court pursuant to sections 478.001 to 478.009 to provide an alternative for the judicial
61 system to dispose of cases which stem from, or are otherwise impacted by , a substance use
62 disorder or mental health disorder . The treatment court division may include, but not be
63 limited to, cases assigned to an adult treatment court, domestic violence tr eatment court,
64 DWI court, family treatment court, juvenile treatment court, mental health treatment court,
65 veterans treatment court, or any combination thereof. A treatment court shall combine
66 judicial supervision, drug or alcohol testing, and treatment of participants. Except for good
67 cause found by the court, a treatment court making a referral for substance use disorder or
68 mental health disorder treatment, when such program will receive state or federal funds in
69 connection with such referral, shall refer the person only to a program which is certified by
70 the department of mental health, unless no appropriate certified treatment program is located
71 within the same county as the treatment court. Upon successful completion of the treatment
72 court program, the char ges, petition, or penalty against a treatment court participant may be
73 dismissed, reduced, or modified, unless otherwise stated. Except for those costs waived
74 pursuant to section 488.016, any fees received by a court from a defendant as payment for
75 treatment programs shall not be considered court costs, charg es or fines.
76 3. An adult treatment court may be established by any circuit court to provide an
77 alternative for the judicial system to dispose of cases which stem from substance use.
78 4. A DWI court may be established by any circuit court to provide an alternative for
79 the judicial system to dispose of cases that stem from driving while intoxicated.
80 5. A family treatment court may be established by any circuit court. The juvenile
81 division of the circuit court or the family court, if one is established under section 487.010,
82 may refer one or more parents or other household members subject to its jurisdiction to the
83 family treatment court if he or she has been determined to have a substance use disorder or
84 co-occurring disorder that impacts the safety and well-being of the children in the family .
85 6. A juvenile treatment court may be established by the juvenile division of any
86 circuit court. The juvenile division may refer a juvenile to the juvenile treatment court if the
87 juvenile is determined to have committed acts that violate the criminal laws of the state or
88 ordinances of a municipality or county and a substance use disorder or co-occurring disorder
89 contributed to the commission of the of fense.
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90 7. The general assembly finds and declares that it is the public policy of this state to
91 encourage and provide an alternative method for the disposal of cases for military veterans
92 and current military personnel with substance use disorders, mental health disorders, or co-
93 occurring disorders. In order to ef fectuate this public policy , a veterans treatment court may
94 be established by any circuit court, or combination of circuit courts upon agreement of the
95 presiding judges of such circuit courts, to provide an alternative for the judicial system to
96 dispose of cases that stem from a substance use disorder , mental health disorder , or co-
97 occurring disorder of military veterans or current military personnel. A veterans treatment
98 court shall combine judicial supervision, drug or alcohol testing, and substance use and
99 mental health disorder treatment to participants who have served or are currently serving the
100 United States Armed Forces, including members of the Reserves or National Guard, with
101 preference given to individuals who have combat service. For the purposes of this section,
102 combat service shall be shown through military service documentation that reflects service in
103 a combat theater , receipt of combat service medals, or receipt of imminent danger or hostile
104 fire pay or tax benefits. Except for good cause found by the court, a veterans treatment court
105 shall make a referral for substance use or mental health disorder treatment, or a combination
106 of substance use and mental health disorder treatment, through the Department of Defense
107 health care, the V eterans Administration or its successor department or agency , or a
108 community-based substance use disorder treatment program. Community-based programs
109 utilized shall receive state or federal funds in connection with such referral and shall only
110 refer the individual to a program certified by the department of mental health, unless no
111 appropriate certified treatment program is located within the same circuit as the veterans
112 treatment court.
113 8. A mental health treatment court may be established by any circuit court to provide
114 an alternative for the judicial system to dispose of cases that stem from a mental health
115 disorder or co-occurring disorder .
116 9. A domestic violence tr eatment court may be established by any circu it court to
117 pr ovide an alternative for the judicial system to dispose of cases that stem fr om a
118 substance use disorder or co-occurring disorder .
✔
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