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HB0068 • 2008

Drug Court Accountability and Treatment Act.

AN ACT relating to drug and other specialized courts; providing definitions; creating a new drug court program; repealing existing drug court program; repealing teen court program; expanding and modifying application of drug and other specialized courts; providing purposes of the act; requiring rulemaking; specifying requirements and procedures for creation and operation of a drug court; specifying conditions for participation of a drug offender in a drug court program; increasing maximum extended probation period for persons in substance abuse treatment programs or drug courts; providing for confidentiality and release of records; establishing a state drug court advisory commission and local advisory committees; requiring reports; specifying applicability of the act; providing for transition of programs; and providing for effective dates.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Gingery
Last action
2008-02-12
Official status
inactive
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2008-02-12 House

    H Failed Introduction

  2. 2008-02-11 House

    H Received for Introduction

  3. 2008-01-29 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text
WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0076

HOUSE BILL
NO.
HB0068

Drug Court Accountability and Treatment Act.

Sponsored by:
Representative(s) Gingery and Senator(s) Von Flatern

A BILL

for

AN ACT relating to drug and other specialized courts; providing definitions; creating a new drug court program; repealing existing drug court program; repealing teen court program; expanding and modifying application of drug and other specialized courts; providing purposes of the act; requiring rulemaking; specifying requirements and procedures for creation and operation of a drug court; specifying conditions for participation of a drug offender in a drug court program; increasing maximum extended probation period for persons in substance abuse treatment programs o
r
drug courts; providing for confidentiality and release of records; establishing a state drug court advisory commission and local advisory committees; requiring reports; specifying applicability of the act; providing for transition of programs; and providing for effective dates.

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

Section 1.
W.S. 7
‑
13
‑
1601 through 7
‑
13
‑
1611 are created to read:

ARTICLE 16
DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT

7
‑
13
‑
1601.

Short
title.

This act shall be known and may be cited as the "Drug Offender
Accountability and Treatment Act".

7
‑
13
‑
1602.

Definitions.

(a)

As used in this act:

(i)

"Continuum of care" means a seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency;

(ii)

"Department" means the department of health;

(iii)

"Drug" includes alcohol or any controlled substance as defined in W.S. 35
‑
7
‑
1002(a)(iv);

(iv)

"Drug court" means a judicial intervention process that incorporates the ten (10) key components and may include:

(A)

Post-adjudication whereby a drug offender is ordered to participate in drug court after entering a plea of guilty or nolo contendere or having been found guilty;

(B)

Reentry whereby a drug offender is ordered to participate in drug court upon release from a sentence or incarceration; or

(C)

A combination program which may include post-adjudication and reentry.

(v)

"Drug court coordinator" means an individual who is responsible for coordinating the establishment, staffing, operation, evaluation and the integrity of the drug court;

(vi)

"Drug offender" means a person charged with a drug-related offense or an offense in which substance abuse is determined from the evidence to have been a significant factor in the commission of the offense;

(vii)

"Dual diagnosis" means a substance abuse and co-occurring mental health disorder;

(viii)

"Recidivism" means any subsequent arrest for a felony offense resulting in the filing of a charge;

(ix)

"Relapse" means a return to substance use after a period of abstinence;

(x)

"Senior district court judge" means the district court judge within a judicial district who has the most years of service in the position as a district court judge within that judicial district;

(xi)

"Split sentencing" means a sentence which includes a period of incarceration followed by a period of supervision;

(xii)

"Staffing" means the meeting before a drug offender's appearance in drug court in which the drug court team discusses a coordinated response to the drug offender's behaviors;

(xiii)

"Substance abuse" means the illegal possession or use of a drug;

(xiv)

"Substance abuse assessment" means as defined in W.S. 7
‑
13
‑
1301(a)(v);

(xv)

"Substance abuse treatment" means a program designed to provide prevention, education and therapy directed toward ending substance abuse and preventing a return to substance abuse;

(xvi)

"Ten (10) key components" includes:

(A)

Drug courts integrating drug treatment services with justice system case processing;

(B)

Use of a nonadversarial approach with prosecution and defense counsel promoting public safety while protecting a drug offender's due process rights;

(C)

Early identification of eligible drug offenders who shall be placed promptly in a drug court program;

(D)

Drug courts providing access to a continuum of drug and other related treatment and rehabilitation services;

(E)

Frequent drug testing to monitor abstinence;

(F)

A coordinated strategy governing drug court responses to drug offenders' behaviors;

(G)

Essential and ongoing judicial interaction with each drug offender;

(H)

Monitoring and evaluation which measures the achievement of drug court goals and gauges effectiveness;

(J)

Continuing interdisciplinary education promoting effective drug court planning, implementation and operations; and

(K)

Forging partnerships among drug courts, public agencies and community based organizations to generate local support and enhance drug court effectiveness.

(xvii)

"This act" means W.S. 7
‑
13
‑
1601 through 7
‑
13
‑
1611.

7
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13
‑
1603.

Purposes and goals.

(a)

The legislature recognizes that a critical need exists in this state for criminal justice system programs that break the cycle of drug abuse and addiction and the crimes committed as a result of drug abuse and addiction. Local drug court programs shall be facilitated for the purpose of providing sentencing options for the judicial system to dispose of cases stemming from drug use by combining judicial supervision, supervised probation, drug testing, treatment, after-care and monitoring of drug offenders.

(b)

The outcome measures of the drug court programs funded under this act shall be:

(i)

To reduce recidivism of drug offenders in the drug court program;

(ii)

To ensure retention and graduation of drug offenders in the drug court program;

(iii)

To ensure sobriety of drug offenders in the drug court program;

(iv)

To monitor the units of services provided to each drug offender in the drug court program.

(c)

Drug court judges and attorneys shall adhere to the standards set forth in the Wyoming Code of Judicial Conduct, the Wyoming Rules of Professional Conduct for Attorneys at Law and the American Bar Association Standards of Criminal Justice. Drug court judges and attorneys shall remain continually cognizant of the due process rights guaranteed to all citizens and the state's substantial interest in maintaining effective and efficient judicial and penal systems.

7
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13
‑
1604.

Establishment of drug court account; rules and regulations.

(a)

There is created a drug court account. All interest earned on funds within this account shall be deposited in the account.

(b)

With advice and recommendations from the state drug court advisory commission, the department shall make the determination whether an application for a new drug court program meets the qualifications specified under W.S. 7
‑
13
‑
1605(b) and shall determine the funding amounts for each new and existing drug court. The department may deny an application for a new drug court program, even if the new drug court program meets the qualifications specified under W.S. 7
‑
13
‑
1605(b), based on funding considerations, specifically if the funding of the new drug court program would substantially affect the funding levels of existing drug court programs. Funds within the account shall be expended by the department for purposes of this act upon legislative appropriation.

(c)

The department shall promulgate rules and regulations specifying the qualifications of a drug court program, eligibility for participation by a drug offender, operational standards and protocols of each drug court program, training requirements of the drug court team and staff, collection and maintenance of data, certification requirements for treatment personnel participating in the drug court program and funding formulas for distribution from the drug court account. The department shall certify that the drug court is in compliance with the rules and regulations established by the department and shall revoke the certification of any drug court that does not comply.

(d)

All contractual agreements with treatment providers for each drug court program shall be between the department and the treatment provider.

(e)

In addition to those funds appropriated to the account under subsection (a) of this section the department may accept, and shall deposit to the account, any gifts, contributions, donations, grants or federal funds specifically given to the department for the benefit of drug courts or treatment providers in Wyoming.

(f)

Any expenses incurred by the department in implementing this act shall be paid from the drug court account and shall not exceed ten percent (10%) of the amounts disbursed to the drug court system from the account on a biennium basis.

(g)

Nothing in this act shall prohibit counties from obtaining or providing supplemental funds. All supplemental funds received by a county for the operation of a drug court or the provision of services through a drug court program shall be reported to the department.

7
‑
13
‑
1605.

Establishment of drug court system.

(a)

Each judicial district may establish drug courts as determined by, directed by and structured accordingly by the senior district court judge within the judicial district. The senior district court judge shall determine the relationship between the circuit and district courts within the judicial district with respect to the drug court, and the use of circuit court judges and circuit court magistrates.

(b)

Any drug court which meets all of the following qualifications and rules and regulations promulgated by the department pursuant to W.S. 7
‑
13
‑
1604(c) is eligible for funding from the department:

(i)

The board of county commissioners from the county in which the drug court will be located shall submit an application to the department stating that:

(A)

The county shall be the contracting agent for all contracts required for the drug court, except contracts between treatment providers and the department;

(B)

All employees within the drug court program shall be employees of the county, except treatment provider and department of corrections employees who shall not be employees of the drug court program for any purposes;

(C)

All funds and grants shall be managed by the county, except funding to treatment providers which shall be managed by the department; and

(D)

All billing for the drug court shall be the responsibility of the county, except billing by treatment providers which shall be sent by the provider to the department.

(ii)

The senior district court judge submits a statement to the department agreeing to establish the drug court within the judicial district in that particular county and stating the structure to be used by the court, including but not limited to, the relationship between the district court and circuit court pursuant to W.S. 5
‑
3
‑
112 and the use of circuit court judge and circuit court magistrates;

(iii)

The applicant demonstrates the ability of the drug court to utilize and implement the ten (10) key components;

(iv)

The applicant designates whether the drug court program shall be an adult drug court, a family dependency treatment cou
rt, juvenile drug court or a re
entry drug court; and

(v)

The applicant provides a statement from the director of the department of corrections that the department of corrections will provide a monitoring officer for the drug court.

7
‑
13
‑
1606.

Court structure.

(a)

Participation by a drug offender in drug court, with the consent of the prosecution and the drug court, shall be permitted in accordance with a written agreement between the drug offender and the drug court. An eligible drug offender may participate in a post-adjudication, reentry or combination program.

(b)

The judge may grant reasonable incentives under the written agreement if he finds that the drug offender:

(i)

Is performing satisfactorily in drug court;

(ii)

Is benefiting from education, treatment and rehabilitation;

(iii)

Has not engaged in criminal conduct; and

(iv)

Has not violated any term or condition of the agreement.

(c)

The judge may impose reasonable sanctions under the written agreement, including, but not limited to, incarceration or expulsion from the drug court program if he finds that the drug offender:

(i)

Is not performing satisfactorily in drug court;

(ii)

Is not benefiting from education, treatment or rehabilitations;

(iii)

Has engaged in conduct rendering him unsuitable for the program;

(iv)

Has otherwise violated any term or condition of the agreement; or

(v)

Is for any reason unable to participate.

(d)

Upon successful completion of a drug court program, a drug offender's case shall be disposed of by the judge in the manner prescribed by the agreement and by applicable policies and procedures adopted by the drug court, which may include, but are not limited to, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing or a reduced period of incarceration. To expel a drug offender from the drug court program, a motion to expel a drug offender from drug court shall be filed by the district attorney. A hearing shall be held on the motion to expel before a judge that has not participated in staffing of the drug offender's case in the drug court program unless the drug offender consents to that judge hearing the motion.

(e)

A drug court shall include the ten (10) key components and the drug court team shall act to ensure compliance with the components.

(f)

Drug offender cases processed pursuant to this act shall be calendared on dedicated dockets, set aside from other criminal cases.

(g)

Each county seeking to establish a drug court, or continue the operation of an existing drug court, shall establish a local drug court team. The drug court team shall consist of the following members who are assigned to the drug court:

(i)

The judge, who may be a district court judge, a circuit court judge or a circuit court magistrate;

(ii)

One (1) prosecuting attorney, selected by the district attorney;

(iii)

One (1) member who is a licensed attorney and who practices criminal defense, selected by the judge of the drug court;

(iv)

One (1) monitoring officer, selected and assigned to the drug court team by the department of corrections;

(v)

A representative of the treatment providers, agreed upon by the attorney members of the drug court team and the judge;

(vi)

The drug court coordinator; and

(vii)

One (1) law enforcement officer, selected by the county sheriff, but who need not be a deputy sheriff.

(h)

The drug court team shall, when practicable, conduct a staffing prior to each drug court session to discuss and provide updated information regarding drug offenders appearing before the drug court. After determining the progress or lack thereof for each drug offender, the drug court team shall agree on the appropriate incentive or sanction to be applied. If the drug court team cannot unanimously agree on the appropriate action, the drug court shall make the decision based on information presented in the staffing.

(j)

Nothing in this act shall confer a right or an expectation of a right to participate in a drug court program, nor does it obligate the drug court to accept every drug offender. Neither the establishment of a drug court nor anything herein shall be construed as limiting the discretion of the district attorney to act on any criminal case which he deems advisable to prosecute.

(k)

Each drug offender shall contribute to the cost of his substance abuse treatment in accordance with W.S. 7
‑
13
‑
1607(f).

(m)

A drug court coordinator shall be responsible for the general administration of drug court.

7
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13
‑
1607.

Conditions for admission to a drug court program.

(a)

Each drug court shall establish conditions for referral to the drug court, which shall include a substance abuse assessment. Any drug offender applying to enter the drug court program shall agree in writing to the release of medical and other records relevant to the treatment of the participant pursuant to subsection (b) of this section.

(b)

Drug court staff shall be provided with access to all records of any state or local government agency relevant to the treatment of any program participant. No contents of records and reports shall be disclosed to any person outside of the drug court. The records and reports shall be maintained by the court in a confidential file not available to the public.

(c)

The judge who presides over the drug court shall inform the eligible participant prior to acceptance into the drug court program that the eligible participant may be subject to a term of probation that exceeds the maximum term of imprisonment established for the offense as provided in W.S. 5
‑
9
‑
134.

(d)

A court may permit a drug offender to participate in drug court if:

(i)

An assessment reveals that an offender is a substance abuser or a referring court recommends that the drug offender participate in drug court;

(ii)

The court has reason to believe that participation in drug court will benefit the drug offender by addressing his substance abuse;

(iii)

The district attorney consents to the drug offender's participation in the program; and

(iv)

The drug offender's case is processed pursuant to W.S. 7
‑
13
‑
1606(a).

(e)

Where the court determines that participation in drug court will not benefit the offender, or the offender is not an appropriate candidate, the court shall make a finding on the record that the offender is ineligible to participate in drug court.

(f)

A drug offender shall pay a reasonable portion of the cost to participate in a drug court program. The costs assessed shall be compensatory and not punitive in nature and shall take into account the drug offender's ability to pay. Upon a showing of indigency, the drug court may reduce or waive costs under this subsection. Any fees received by the court from an offender shall not be considered court costs or fines. The fees collected under this subsection shall be deposited in the drug court account created by W.S. 7
‑
13
‑
1604.

7
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13
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1608.

Treatment and support services.

(a)

Each drug court shall establish a system to ensure that drug offenders are placed into a substance abuse treatment program certified by the department. Each drug court team shall determine the type and duration necessary of the treatment program so that a drug offender's individualized needs can be addressed. The determination shall be based upon objective medical diagnostic criteria. Treatment recommendations accepted by the court pursuant to this act shall be deemed to be reasonable and necessary.

(b)

An adequate continuum of care for drug offenders shall be established by the local advisory committee as required under W.S. 7
‑
13
‑
1611(g).

(c)

The relationship between the treatment program and the drug court shall be governed by a memorandum of understanding, which shall include the timely reporting of the drug offender's progress or lack thereof to the drug court.

(d)

It is essential to provide offenders with adequate support services and aftercare.

(e)

Recognizing that drug offenders are frequently dually diagnosed, appropriate services shall be made available, where practicable.

(f)

Recognizing that the longer a drug offender stays in treatment, the better the outcome, the length of stay in treatment shall be determined by the drug court team based on individual needs and accepted practices.

7
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13
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1609.

Drug testing.

(a)

The drug court team shall ensure fair, accurate and reliable drug testing procedures.

(b)

The drug offender shall be ordered to submit to frequent, random and observed drug testing to monitor abstinence.

(c)

The results of all drug tests shall be provided to the drug court team as soon as practicable.

(d)

Anyone in receipt of drug test results shall maintain the information in compliance with the requirements of federal and state confidentiality laws.

(e)

The drug offender shall be responsible for costs of drug testing, pursuant to W.S. 7
‑
13
‑
1607(f).

7
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13
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1610.

Program integrity and offender accountability.

(a)

Drug courts shall collect and maintain the following:

(i)

The drug offender's prior criminal history;

(ii)

The drug offender's prior substance abuse treatment history, including information on the drug offender's success or failure in those programs;

(iii)

The drug offender's employment, education and income histories;

(iv)

The drug offender's gender, race, ethnicity, marital, family status and any child custody and support obligations;

(v)

The number of addicted and of healthy babies born to female drug offenders during and after participation in drug court;

(vi)

Instances of relapse and recidivism occurring before, during and after successful completion of drug court. Relapse and recidivism shall be measured at intervals of one (1), two (2) and five (5) years after successful completion of a drug court program;

(vii)

Instances of relapse and recidivism occurring before, during and after a drug offender's failed participation in drug court;

(viii)

The number of offenders screened for eligibility, the number of eligible drug offenders who were, and were not, admitted into a drug court program and their case dispositions;

(ix)

The drug of choice and the estimated daily financial cost to the drug offender at the time of entry into the program;

(x)

Costs of operation and sources of funding of the drug court program.

(b)

A drug offender may be required as a condition of probation or parole to provide the information described in subsection (a) of this section. The collection and maintenance of information under this section shall be in a standardized format according to applicable guidelines as set forth by the department pursuant to W.S. 7
‑
13
‑
1604(c).

(c)

To protect drug offenders' privacy in accordance with federal and state confidentiality laws, treatment records shall be kept in a secure environment separated from the court records to which the public has access.

(d)

Drug courts shall comply with all state and federal due process requirements.

(e)

Drug court team members and staff shall be trained in accordance with W.S. 7
‑
13
‑
1604(c).

(f)

Drug courts shall comply with the federal rules of confidentiality specified in 42 C.F.R. 290(dd-2).

7
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13
‑
1611.

State commission and local advisory committees.

(a)

There is established a state drug court advisory commission to plan, implement and develop statewide drug courts. The commission shall make recommendations to the chief justice, the governor and the joint judiciary interim committee concerning the legal, policy and procedural issues confronting the state's drug courts.

(b)

The commission shall be comprised of the following:

(i)

Two (2) members of the
Wyoming
senate, appointed by the president of the senate. Not more than one (1) member shall be of the same political party. The president of the senate shall designate a cochairman of the commission;

(ii)

Two (2) members of the
Wyoming
house of representatives, appointed by the speaker of the house. Not more than one (1) member shall be of the same political party. The speaker of the house shall designate a cochairman of the commission;

(iii)

The chief justice of the
Wyoming
supreme court;

(iv)

Three (3) judges appointed by the chief justice of the
Wyoming
supreme court;

(v)

One (1) county and prosecuting attorney, appointed by the
Wyoming
county and prosecuting attorneys' association;

(vi)

The state public defender or his designee;

(vii)

The director of the department of health or his designee;

(viii)

The director of the department of corrections or his designee;

(ix)

The attorney general or his designee;

(x)

The director of the department of family services or his designee.

(c)

The commission shall make recommendations to the chief justice, the governor and the joint judiciary interim committee for the development
of
a comprehensive, coordinated state policy concerning the extent to which drug courts can provide a meaningful solution to the devastating effect of substance abuse on society.

(d)

The commission shall recommend to the department criteria for eligibility of drug court programs, procedural rules, guidelines for operation and standards and protocols for operation of drug court programs.

(e)

The commission shall promote training and technical assistance for criminal justice personnel and education for the public about the effectiveness of drug court programs.

(f)

Each county within the judicial district that operates a drug court shall have a local advisory committee, consisting of the following members or their designees:

(i)

The senior district court judge, who shall serve as chair;

(ii)

The drug court judge, if different than the senior district court judge, such as a junior district court judge, a circuit court judge or a circuit court magistrate;

(iii)

The district attorney;

(iv)

The drug court coordinator;

(v)

A member of the criminal defense bar, selected by the judge of the drug court;

(vi)

The clerk of the district court;

(vii)

The county sheriff;

(viii)

A representative of the substance abuse treatment providers, selected by the attorneys serving on the drug court team and the judge;

(ix)

A county commissioner;

(x)

Such other persons as the chair deems appropriate.

(g)

The local advisory committee shall ensure quality, efficiency and fairness in planning, implementing and operating every drug court that serves the county. The critical performance measures to be collected by the local advisory shall include those set forth in W.S. 7
‑
13
‑
1610(a). The local advisory committee shall ensure the provision of a full continuum of care for drug offenders and monitor the cooperation and relationship between multiple drug courts within a county.

(h)

The local advisory committee shall annually report to the state drug court advisory commission by August 1 of each year regarding the previous fiscal year. The report shall include:

(i)

A description of the drug courts operating within the county;

(ii)

Names of judges participating in the drug courts within the county;

(iii)

A description of the level of community involvement in operation of the drug courts within the county;

(iv)

A description of all education and training provided to drug court teams, staff and participants;

(v)

A description of the use of existing resources;

(vi)

A description of the collaborative efforts to ensure the operation of the drug courts within the county;

(vii)

An evaluation of the critical data elements required by W.S. 7
‑
13
‑
1610(a).

(j)

The state drug court advisory commission shall provide a statewide report annually to the supreme court, governor and joint judiciary interim committee regarding the need for and implementation of this act. The report shall include a synopsis of such information or data necessary to determine the impact, utility and cost and cost effectiveness of implementation of the act and ongoing operation of drug courts in the state.

Section 2.
W.S. 5
‑
9
‑
134, 7
‑
13
‑
304 by creating a new subsection (d), 7
‑
13
‑
402(c)
and
by creating a new subsection (j), 7
‑
19
‑
106(a)(ix), 14
‑
3
‑
429(d) by creating a new paragraph (iv) and 14
‑
6
‑
247(a) by creating a new paragraph (xiv) are amended to read:

5
‑
9
‑
134.

Probation; correction and reduction of sentence.

The circuit court may place a criminal defendant on probation pursuant to W.S. 7
‑
13
‑
301 through 7
‑
13
‑
307. Notwithstanding any other provision of law, the probation period for a defendant whose disposition includes participation in a substance abuse treatment program or a drug court may exceed the maximum term of imprisonment established for the offense, but shall not exceed
two (2)
three (3)
years. The court shall conduct, on at least a monthly basis, a review on the progress of a defendant sentenced to treatment under this section. The review may be conducted in a manner the court deems appropriate, but shall include receiving regular progress reports from the treatment provider.

7
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13
‑
304.

Imposition or modification of conditions; performance of work by defendant; imposition of drug court participation.

(d)

As a condition of probation or suspension of sentence, the court may require a defendant to successfully complete a drug court program pursuant to W.S. 7
‑
13
‑
1601 through 7
‑
13
‑
1612.

7
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13
‑
402.

General powers and duties of board; eligibility for parole; immunity.

(c)

In granting a parole the board shall fix terms and conditions it deems proper to govern the conduct of the parolee while the parole is in effect. The terms and conditions may
:

(i)

B
e special in each case
,

or they may
including ordering a parolee to participate in a drug court program qualified under W.S.
7
‑
13
‑
1601 through 7
‑
13
‑
1612, provided the drug court program accepts the parolee for participation in its drug court program. The drug court program shall be specialized as a reentry drug court;

(ii)

B
e prescribed by general rules and regulations of the board
;
,
or

(iii)

B
oth.

(j)

A parolee who enters a qualified drug court program shall be subject to the sanctioning powers of the drug court but shall remain under the authority of the board for all other matters related to the parolee's continuing parole.

7
‑
19
‑
106.

Access to, and dissemination of, information.

(a)

Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:

(ix)

Drug court staff utilizing the information pursuant to the drug court act in title
5
7
, chapter
10
13, article 16
;

14
‑
3
‑
429.

Decree where child adjudged neglected; dispositions; terms and conditions; legal custody.

(d)

As a part of any order of disposition and the terms and conditions thereof, the court may:

(iv)

Require the child's parents or guardian and the child to participate in a drug court program qualified under W.S.
7
‑
13
‑
1601 through 7
‑
13
‑
1611, provided the drug court accepts the child's
parents or guardian and the child for participation in its drug court program. The drug court program shall be specialized as a family dependency treatment court.

14
‑
6
‑
247.

Sanctions common to all levels.

(a)

For a child at any sanction level, the juvenile court may:

(xiv)

Require the child or the child's parents or guardian and the child to participate in a drug court program created under W.S.
7
‑
13
‑
1601 through 7
‑
13
‑
1611, provided the drug court accepts the child's
parents or guardian and the child for participation in its drug court program. The drug court program shall be specialized as either a family dependency treatment court or a juvenile drug court.

Section 3.
W.S. 5
‑
10
‑
101 through 5
‑
10
‑
107, 7
‑
13
‑
1201 through 7
‑
13
‑
1205, 14
‑
3
‑
306, 14
‑
6
‑
247(a)(iv) and 2007 Wyoming Session Laws, Chapter 201 are repealed.

Section 4.

(a)

Effective July 1, 2008, any funds remaining in the drug court account created by W.S. 5
‑
10
‑
103 shall be transferred to the drug court account created by W.S. 7
‑
13
‑
1604.

(b)

Any drug court program in existence and receiving funding from the department of health for the operation of the drug court program may continue to operate until the funding authorized for the drug court program prior to the effective date specified
in
subsection
5
(b) of this act is exhausted, or until the end of the fiscal biennium ending June 30, 2008, whichever occurs earlier. Thereafter, the program may receive funding only upon compliance with the requirements specified in W.S. 7
‑
13
‑
1605.

Section 5.

(a)

W.S. 7
‑
13
‑
1604(c) created by this act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(b)

Except as provided in subsection (a) of this section, this act is effective July 1, 2008.

(END)

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HB0068