First Substitute S.B. 135

Senator Lyle W. Hillyard proposes the following substitute bill:

1 DRUG COURTS PILOT PROJECT
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lyle W. Hillyard
5
6 LONG TITLE
7 General Description:
8 This bill allows for the creation of drug courts in any judicial district, and the creation
9 of a Drug Board Pilot Project in Davis and Weber counties for intensive substance
10 abuse treatment. This bill sets out participant screening criteria, and requires
11 participation by the Board of Pardons and Parole.
12 Highlighted Provisions:
13 This bill:
14 . allows any judicial district to create a drug court; and
15 . allows creation of a pilot drug board to oversee intensive substance abuse treatment
16 for parolees under conditions set out by the Board of Pardons and Parole and the
17 Department of Corrections.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 78-3-32, Utah Code Annotated 1953
25 78-3-33, Utah Code Annotated 1953

26 Uncodified Material Affected:
27 REPEALS UNCODIFIED MATERIAL:
28 Uncodified Section 1, Chapter 337, Laws of Utah 2000
29 Uncodified Section 2, Chapter 337, Laws of Utah 2000
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 78-3-32 is enacted to read:
33 78-3-32. Creation and expansion of existing drug court programs -- Definition of
34 drug court program -- Criteria for participation in drug court programs -- Reporting
35 requirements.
36 (1) There may be created a drug court program in any judicial district that
37 demonstrates:
38 (a) the need for a drug court program; and
39 (b) the existence of a collaborative strategy between the court, prosecutors, defense
40 counsel, corrections, and substance abuse treatment services to reduce substance abuse by
41 offenders.
42 (2) The collaborative strategy in each drug court program shall:
43 (a) include monitoring and evaluation components to measure program effectiveness;
44 and
45 (b) be submitted to, for the purpose of coordinating the disbursement of funding, the:
46 (i) executive director of the Department of Human Services;
47 (ii) executive director of the Department of Corrections; and
48 (iii) state court administrator.
49 (3) Funds disbursed to a drug court program shall be allocated as follows:
50 (a) 87% to the Department of Human Services for testing, treatment, and case
51 management; and
52 (b) 13% to the Administrative Office of the Courts for increased judicial and court
53 support costs.
54 (4) A drug court program shall include continuous judicial supervision using a
55 cooperative approach with prosecutors, defense counsel, corrections, substance abuse treatment
56 services, juvenile court probation, and the Division of Child and Family Services as appropriate

57 to promote public safety, protect participants' due process rights, and integrate substance abuse
58 treatment with justice system case processing.
59 (5) Screening criteria for participation in a drug court program shall include:
60 (a) a plea to, conviction of, or adjudication for a nonviolent drug offense or
61 drug-related offense;
62 (b) an agreement to frequent alcohol and other drug testing;
63 (c) participation in one or more substance abuse treatment programs; and
64 (d) an agreement to submit to sanctions for noncompliance with drug court program
65 requirements.
66 Section 2. Section 78-3-33 is enacted to read:
67 78-3-33. Creation of Drug Board Pilot Project -- Definition of Drug Board Pilot
68 Project -- Criteria for parolee participation in the Drug Board Pilot Project -- Reporting
69 requirements.
70 (1) There may be created a Drug Board Pilot Project in Davis and Weber counties that
71 includes intensive substance abuse treatment, frequent drug testing, and other additional
72 conditions of parole, with the expectation that the offender will be required to complete the
73 substance abuse treatment, remain drug free, and meet all other conditions of parole.
74 (2) Screening criteria for parolee participation in the Drug Board Pilot Project shall:
75 (a) be determined by the Board of Pardons and Parole and the Department of
76 Corrections; and
77 (b) include parolees who are facing an eminent return to prison due to substance abuse.
78 Section 3. Repealer.
79 This bill repeals:
80 Uncodified Section 1, Chapter 337, Laws of Utah 2000
81 Uncodified Section 2, Chapter 337, Laws of Utah 2000