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H.B. 281
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APPROPRIATION FOR DRUG COURTS AND
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DRUG BOARD PILOT PROJECT
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: John E. Swallow
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AN ACT RELATING TO APPROPRIATIONS; APPROPRIATING $4,140,000 FOR DRUG
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COURT PROGRAMS; APPROPRIATING $860,000 FOR A DRUG BOARD PILOT PROJECT;
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DEFINING A DRUG COURT AND DRUG BOARD; PROVIDING DRUG COURT AND
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DRUG BOARD PARTICIPANT SCREENING CRITERIA; PROVIDING REPORTING
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REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE.
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This act enacts uncodified material.
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Creation and expansion of existing drug court programs in each judicial
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district -- Appropriation for drug court programs in each judicial district -- Definition of
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drug court program -- Criteria for participation in drug court programs -- Reporting
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requirements.
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(1) There is created a drug court program in each judicial district that demonstrates:
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(a) the need for a drug court program; and
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(b) the existence of a collaborative strategy between the court, prosecutors, defense
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counsel, corrections, and substance abuse treatment services to reduce substance abuse by
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offenders.
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(2) The collaborative strategy in each drug court program shall:
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(a) include monitoring and evaluation components to measure program effectiveness; and
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(b) be submitted to, for the purpose of coordinating the disbursement of funding, the:
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(i) executive director of the Department of Human Services;
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(ii) executive director of the Department of Corrections; and
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(iii) State Court Administrator.
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(3) There is appropriated from the General Fund for fiscal year 2000-01, $4,140,000 to be
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used to establish and operate drug court programs in eligible judicial districts as follows:
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(a) $3,351,800 to the Department of Human Services for substance abuse treatment, drug
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testing, case management, and coordination of services appropriate to each drug court program;
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(b) $250,000 to the Department of Corrections for a pilot program to supervise
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probationers in a drug court setting; and
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(c) $538,200 to the Administrative Office of the Courts for personnel required for the
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operation of the drug court.
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(4) A drug court program includes continuous judicial supervision using a cooperative
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approach with prosecutors, defense counsel, corrections, and substance abuse treatment services
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to promote public safety, protect participants' due process rights, and integrate substance abuse
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treatment with justice system case processing.
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(5) Screening criteria for participation in a drug court program include:
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(a) a plea to, conviction of, or adjudication for a nonviolent drug offense or drug-related
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offense;
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(b) an agreement to frequent alcohol and other drug testing;
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(c) participation in one or more substance abuse treatment programs; and
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(d) an agreement to submit to sanctions for noncompliance with drug court program
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requirements.
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(6) The Administrative Office of the Courts shall submit a written report to the Law
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Enforcement and Criminal Justice Interim Committee and the Judiciary Interim Committee during
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the November 2000 and May 2001 meetings, and annually thereafter, that includes:
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(a) the detailed progress of the establishment and implementation of drug court programs;
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(b) the tracking and recording of each drug court participant's progress in each judicial
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district to determine the effectiveness of the drug court programs; and
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(c) an account of the expenditure of funds under this section.
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(7) The money appropriated under Subsection (3) is nonlapsing.
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Section 2. Creation of drug board pilot project -- Appropriation for drug board pilot
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project -- Definition of drug board pilot project -- Criteria for parolee participation in the
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drug board pilot project -- Reporting requirements.
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(1) There is created a Drug Board Pilot Project in Davis and Weber counties that includes
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intensive substance abuse treatment, frequent drug testing, and other additional conditions of
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parole, with the expectation that the offender will be required to complete the substance abuse
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treatment, remain drug free, and meet all other conditions of parole.
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(2) For fiscal year 2000-01 only, there is appropriated from the General Fund $860,000
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to be used to establish and operate a Drug Board Pilot Project in Davis and Weber counties as
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follows:
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(a) $619,200 to the Department of Human Services;
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(b) $163,400 to the Department of Corrections; and
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(c) $77,400 to the Board of Pardons and Parole.
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(3) Screening criteria for parolee participation in the Drug Board Pilot Project shall:
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(a) be determined by the Board of Pardons and Parole and the Department of Corrections;
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and
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(b) include parolees who are facing an eminent return to prison due to substance abuse.
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(4) The Board of Pardons and Parole shall submit a written report to the Law Enforcement
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and Criminal Justice Interim Committee and the Judiciary Interim Committee during the
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November 2000 and May 2001 meetings that includes:
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(a) the detailed progress of the establishment and implementation of the Drug Board Pilot
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Project in Davis and Weber counties;
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(b) the tracking and recording of each drug board participant's progress to determine the
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feasibility of taking the drug board program statewide; and
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(c) an account of the expenditure of funds under this section.
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(5) The money appropriated in Subsection (2) is nonlapsing.
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Section 3. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 2-9-00 1:16 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.