78A-5-201. Creation and expansion of existing drug court programs — Definition of drug court program — Criteria for participation in drug court programs — Reporting requirements.
| (1) |
There may be created a drug court program in any judicial district that demonstrates:
Terms Used In Utah Code 78A-5-201- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Conviction: A judgement of guilt against a criminal defendant.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
| (a) |
the need for a drug court program; and |
| (b) |
the existence of a collaborative strategy between the court, prosecutors, defense counsel, corrections, and substance abuse treatment services to reduce substance abuse by offenders. |
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| (2) |
The collaborative strategy in each drug court program shall:
| (a) |
include monitoring and evaluation components to measure program effectiveness; and |
| (b) |
be submitted to, for the purpose of coordinating the disbursement of funding, the:
| (i) |
executive director of the Department of Health and Human Services; |
| (ii) |
executive director of the Department of Corrections; and |
| (iii) |
state court administrator. |
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| (3) |
| (a) |
Funds disbursed to a drug court program shall be allocated as follows:
| (i) |
87% to the Department of Health and Human Services for testing, treatment, and case management; and |
| (ii) |
13% to the Administrative Office of the Courts for increased judicial and court support costs. |
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| (b) |
This provision does not apply to federal block grant funds. |
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| (4) |
A drug court program shall include continuous judicial supervision using a cooperative approach with prosecutors, defense counsel, corrections, substance abuse treatment services, juvenile court probation, and the Division of Child and Family Services as appropriate to promote public safety, protect participants’ due process rights, and integrate substance abuse treatment with justice system case processing. |
| (5) |
Screening criteria for participation in a drug court program shall include:
| (a) |
a plea to, conviction of, or adjudication for a nonviolent drug offense or drug-related offense; |
| (b) |
an agreement to frequent alcohol and other drug testing; |
| (c) |
participation in one or more substance abuse treatment programs; and |
| (d) |
an agreement to submit to sanctions for noncompliance with drug court program requirements. |
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| (6) |
| (a) |
The Judicial Council shall develop rules prescribing eligibility requirements for participation in adult criminal drug courts. |
| (b) |
Acceptance of an offender into a drug court shall be based on a risk and needs assessment, without regard to the nature of the offense. |
| (c) |
A plea to, conviction of, or adjudication for a felony offense is not required for participation in a drug court program. |
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Amended by Chapter 330, 2023 General Session
