Drug court amendments.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0213

SENATE FILE
NO.
SF0076

Drug court amendments.

Sponsored by:
Joint Labor, Health and Social Services Interim Committee

A BILL

for

AN ACT relating to courts; amending provisions relating to drug courts; expanding the jurisdiction of drug courts to address other social problems, as specified; modifying funding provisions relating to drug courts; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 5
‑
10
‑
101(a)(i), (b)(iv), (v), by creating a new paragraph (vi) and by creating a new subsection (c), 5
‑
10
‑
102(b) and (c), 5
‑
10
‑
103(a), 5
‑
10
‑
104(a)(iv), (v) and by creating new paragraphs (vi) and (vii) and 5
‑
10
‑
106(a)(i), (ii), (ix) and (x) are amended to read:

5
‑
10
‑
101.

Purpose and goals.

(a)

The legislature recognizes that a critical need exists in this state for criminal justice system programs that will break the cycle of drug and alcohol abuse and addiction and the crimes committed as a result of drug and alcohol abuse and addiction. Local drug court programs shall be facilitated for the purpose of:

(i)

Providing sentencing options for the judicial system to dispose of cases stemming from drug use
, domestic violence, child abuse and neglect, mental health disorders and other social problems
; and

(b)

The goals of the drug court programs funded under this article include the following:

(iv)

To increase the personal, familial and societal accountability of offenders;
and

(v)

To promote effective interaction and use of resources among criminal justice personnel, state agencies and community agencies
;
.

and

(vi)

To reduce the threat to community safety caused by domestic violence, child abuse and neglect, mental health disorders and other social problems.

(c)

Each court shall choose which of the functions set forth in paragraph (a)(i) of this section that it will undertake and
may
adopt a name descriptive of the functions it is undertaking.

5
‑
10
‑
102.

Establishment of problem solving court system; problem solving court account.

(b)

Any drug court which meets all of the qualifications of W.S. 5
‑
10
‑
106 and rules and regulations properly promulgated is eligible for funding from the drug court account in an amount
not to exceed two hundred thousand dollars ($200,000.00) for each fiscal year
determined by the drug court panel based on the drug court's demonstrated need
.

(c)

The department of health shall make funding recommendations to the drug court panel based on the amount of funding which the
county
local government or other entity
supplies to its drug court. The department of health shall make recommendations regarding a proportionate contribution to each participating
county
court
from the
drug court
account
.
subject to the maximum amount established in subsection (b) of this section.

5
‑
10
‑
103.

Drug court panel.

(a)

The department of health shall oversee and provide funding for the drug courts from the drug court account. The department of health shall implement rules and regulations specifying a funding application procedure, certification requirements for treatment personnel participating in the drug court program
.
and drug court program office guidelines. In order to maximize federal financial participation, compliance with the
United States
' Department of Justice Drug Court Program guidelines shall be considered by the department.

5
‑
10
‑
104.

Local drug court management committee.

(a)

A local drug court management committee shall be established by each local drug court. The members of this management committee shall be actively involved with the drug court. The management committee shall consist of:

(iv)

A monitoring officer, agreed upon by the attorney members of the committee and the judge;
and

(v)

A representative of the treatment providers, agreed upon by the attorney members of the committee and the judge
;
.

and

(vi)

In the case of a domestic violence court, the director of the community domestic violence shelter program; and

(vii)

Such other members as are necessary to assure the committee includes representatives of disciplines appropriate for the subject matter addressed by the court.

5
‑
10
‑
106.

Qualifications.

(a)

To be eligible for funding from the state drug court account a local drug court shall:

(i)

Integrate substance abuse
and other appropriate
treatment services with the justice system case processing;

(ii)

Use a nonadversarial approach involving both the prosecution and defense counsel to promote public safety
, ensure victim safety and hold perpetrators accountable
while providing appropriate treatment for the adjudicated individual;

(ix)

Continue interdisciplinary education which promotes effective drug court planning, implementation and operations;
and

(x)

Forge partnerships among drug courts, public agencies, community-based organizations and private foundations and businesses which generate local support and enhance the effectiveness of the drug court program
.
; and

Section 2
.

W.S. 5
‑
10
‑
106(a)(xi) is repealed

Section 3.

One million fifty thousand dollars ($1,050,000.00) is appropriated to the department of health
from the general fund
for the biennium commencing July 1, 2006, for the purposes of this act.

Section 4.

This act is effective July 1, 2006.

(END)

1
SF0076