77-18-1.1. Screening, assessment, and treatment.
(1) As used in this section:
(a) "Assessment" has the same meaning as in Section 41-6a-501.
(b) "Convicted" means:
(i) a conviction by entry of a plea of guilty or nolo contendere, guilty and mentally ill, or
no contest; and
(ii) conviction of any crime or offense.
(c) "Screening" has the same meaning as in Section 41-6a-501.
(d) "Substance abuse treatment" means treatment obtained through a substance abuse
program that is licensed by the Office of Licensing within the Department of Human Services.
(2) On or after July 1, 2009, the courts of the judicial districts where the Drug Offender
Reform Act under Section 63M-7-305 is implemented shall, in coordination with the local
substance abuse authority regarding available resources, order offenders convicted of a felony to:
(a) participate in a screening prior to sentencing;
(b) participate in an assessment prior to sentencing if the screening indicates an
assessment to be appropriate; and
(c) participate in substance abuse treatment if:
(i) the assessment indicates treatment to be appropriate;
(ii) the court finds treatment to be appropriate for the offender; and
(iii) the court finds the offender to be an appropriate candidate for community-based
supervision.
(3) The findings from any screening and any assessment conducted under this section
shall be part of the presentence investigation report submitted to the court prior to sentencing of
the offender.
(4) Monies appropriated by the Legislature to assist in the funding of the screening,
assessment, substance abuse treatment, and supervision provided under this section are not
subject to any requirement regarding matching funds from a state or local governmental entity.
Amended by Chapter 337, 2009 General Session
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Last revised: Thursday, May 28, 2009