Montana Code 46-1-1110. Treatment and support services
46-1-1110. Treatment and support services. (1) As part of a diagnostic assessment, each jurisdiction shall establish a system to ensure that drug offenders are placed into a clinically approved substance abuse treatment program. To accomplish this, the program conducting the individual assessment shall make specific recommendations to the drug treatment court team regarding the type of treatment program and durations necessary so that a drug offender‘s individualized needs are addressed. The assessments and recommendations must be based upon objective medical diagnostic criteria. Treatment recommendations accepted by the court pursuant to this part must be considered to be reasonable and necessary.
Terms Used In Montana Code 46-1-1110
- Assessment: means a diagnostic evaluation to determine whether and to what extent a person is a drug offender under this part and would benefit from the provisions of this part. See Montana Code 46-1-1103
- 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. See Montana Code 46-1-1103
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Drug: includes :
(a)a controlled substance, which is a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession;
(b)an illegal drug, which is a drug whose manufacture, sale, use, or possession is forbidden by law; or
(c)a harmful substance, which is a misused substance otherwise legal to possess, including alcohol. See Montana Code 46-1-1103
- Drug offender: means a person charged with a drug-related offense or an offense in which substance abuse is determined to have been a significant factor in the commission of an offense. See Montana Code 46-1-1103
- Drug treatment court: means a court established by a court pursuant to this part implementing a program of incentives and sanctions intended to assist a participant to end the participant's addiction to drugs and to cease criminal behavior associated with drug use and addiction. See Montana Code 46-1-1103
- Drug treatment court team: means a group of individuals appointed by the drug treatment court that may consist of the following members:
(a)the judge, which may include a magistrate or other hearing officer;
(b)the prosecutor;
(c)the defense attorney;
(d)a law enforcement officer;
(e)the drug treatment court coordinator;
(f)a probation and parole officer;
(g)substance abuse treatment providers;
(h)a representative from the department of public health and human services; and
(i)any other person selected by the drug treatment court. See Montana Code 46-1-1103
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Memorandum of understanding: means a written document setting forth an agreed-upon procedure. See Montana Code 46-1-1103
- Substance abuse: means the illegal or improper consumption of a drug as defined in this section. See Montana Code 46-1-1103
- Substance abuse treatment: means a program designed to provide prevention, education, and therapy directed toward ending substance abuse and preventing a return to substance use. See Montana Code 46-1-1103
(2)An adequate continuum of care for drug offenders must be established in response to this part.
(3)The drug treatment court shall, when practicable, ensure that one agency may not provide both assessment and treatment services for the drug treatment court to avoid potential conflicts of interest or the appearance that a diagnostic assessment agency might benefit by determining that an offender is in need of the particular form of treatment that the agency provides.
(4)A drug treatment court making a referral for substance abuse treatment shall refer the drug offender to a program that is licensed, certified, or approved by the court.
(5)The court shall determine which treatment programs are authorized to provide the recommended treatment to drug offenders. The relationship between the treatment program and the court must be governed by a memorandum of understanding, which must include the timely reporting of the drug offender’s progress or lack of progress to the drug treatment court.
(6)Offenders must be provided with adequate support services and aftercare.
(7)The length of stay in treatment must be determined by the drug treatment court team based on individual needs and accepted practices.