Bill Text: IA HF215 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act establishing a drug court in each judicial district and making appropriations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-04 - Introduced, referred to Judiciary. H.J. 201. [HF215 Detail]
Download: Iowa-2019-HF215-Introduced.html
House
File
215
-
Introduced
HOUSE
FILE
215
BY
ISENHART
A
BILL
FOR
An
Act
establishing
a
drug
court
in
each
judicial
district
and
1
making
appropriations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
602.6306,
subsection
2,
Code
2019,
is
1
amended
to
read
as
follows:
2
2.
District
associate
judges
also
have
jurisdiction
3
in
civil
actions
for
money
judgment
where
the
amount
in
4
controversy
does
not
exceed
ten
thousand
dollars;
jurisdiction
5
over
involuntary
commitment,
treatment,
or
hospitalization
6
proceedings
under
chapters
125
and
229
;
jurisdiction
of
7
indictable
misdemeanors,
class
“D”
felony
violations,
and
8
other
felony
arraignments;
jurisdiction
to
enter
a
temporary
9
or
emergency
order
of
protection
under
chapter
235F
or
236
,
10
and
to
make
court
appointments
and
set
hearings
in
criminal
11
matters;
jurisdiction
to
enter
orders
in
probate
which
do
not
12
require
notice
and
hearing
and
to
set
hearings
in
actions
under
13
chapter
633
or
633A
;
and
the
jurisdiction
provided
in
section
14
602.7101
when
designated
as
a
judge
of
the
juvenile
court
;
and
15
the
jurisdiction
provided
in
section
602.6801
when
designated
16
as
a
judge
of
the
drug
court
.
While
presiding
in
these
subject
17
matters
a
district
associate
judge
shall
employ
district
18
judges’
practice
and
procedure.
19
Sec.
2.
NEW
SECTION
.
602.6801
Drug
court.
20
1.
A
drug
court
is
established
in
each
judicial
district
21
to
provide
court
services
to
offenders
addicted
to
alcohol
or
22
drugs
and
to
integrate
court
sanctions
and
incentives
with
23
alcohol
and
drug
abuse
treatment
and
counseling
in
a
judicially
24
supervised
court
setting.
25
2.
The
drug
court
shall
incorporate
all
of
the
following
26
essential
characteristics
into
its
operations
and
proceedings:
27
a.
Integration
of
justice
system
case
processing
with
28
alcohol
and
drug
abuse
treatment.
29
b.
Use
of
a
nonadversarial
approach,
whereby
prosecution
30
and
defense
counsel
promote
public
safety
while
protecting
31
participants’
due
process
rights.
32
c.
Early
and
prompt
identification
and
coordinated
placement
33
of
eligible
participants
in
treatment
programs.
34
d.
Coordination
of
access
to
a
continuum
of
alcohol,
drug,
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and
related
treatment
and
rehabilitation
services.
1
e.
Monitoring
of
abstinence
by
frequent
alcohol
and
drug
2
testing.
3
f.
A
strategy
that
governs
drug
court
responses
to
4
participants’
compliance
with
treatment
programs.
5
g.
Ongoing
judicial
interaction
with
all
participants
in
the
6
drug
court
services.
7
h.
Monitoring
and
evaluation
of
participants
and
treatment
8
programs
to
measure
the
achievement
of
treatment
goals
and
9
gauge
treatment
effectiveness.
10
i.
Continuing
interdisciplinary
education
to
promote
11
effective
drug
court
planning
and
operations.
12
j.
Forming
of
partnerships
among
drug
treatment
courts,
13
public
agencies,
and
community-based
organizations
that
enhance
14
drug
court
effectiveness.
15
3.
The
jurisdiction
of
the
drug
court
may
be
exercised
by
16
any
district
judge
and
by
any
district
associate
judge
who
is
17
designated
by
the
chief
judge
of
a
judicial
district
as
a
judge
18
of
the
drug
court.
19
4.
The
chief
judge
shall
designate
one
or
more
district
20
judges
and
district
associate
judges
to
act
as
judges
of
the
21
drug
court
for
a
judicial
district.
The
chief
judge
may
22
designate
a
drug
court
judge
to
preside
in
more
than
one
23
county.
24
5.
The
designation
of
a
judge
as
a
drug
court
judge
does
not
25
deprive
the
judge
of
other
judicial
functions.
Any
district
26
judge
may
act
as
a
drug
court
judge
during
the
absence
or
27
inability
to
act,
or
upon
the
request,
of
the
designated
drug
28
court
judge.
29
6.
The
supreme
court
shall
prescribe
rules
to
establish
the
30
jurisdiction
of
the
drug
court
and
for
the
administration
of
31
the
drug
court
in
this
state.
32
Sec.
3.
NEW
SECTION
.
602.6802
Standing
appropriation
——
33
drug
court.
34
1.
There
is
appropriated
from
the
general
fund
of
the
state
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to
the
judicial
branch
each
fiscal
year
beginning
July
1,
2019,
1
and
thereafter,
the
sum
of
two
million
nine
hundred
thousand
2
dollars
for
costs
associated
with
drug
courts
as
established
in
3
section
602.6801.
4
2.
There
is
appropriated
from
the
general
fund
of
the
state
5
to
the
department
of
corrections
each
fiscal
year
beginning
6
July
1,
2019,
and
thereafter,
the
sum
of
one
million
eight
7
hundred
thousand
dollars
for
costs
associated
with
drug
courts
8
as
established
in
section
602.6801.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
establishes
a
drug
court
in
each
judicial
district
13
to
serve
alcohol
or
drug
addicted
offenders
and
to
integrate
14
court
sanctions
and
incentives
with
alcohol
and
drug
abuse
15
treatment.
16
The
drug
court
is
required
to
integrate
justice
system
17
case
processing
with
alcohol
and
drug
treatment,
to
use
18
a
nonadversarial
approach
in
proceedings,
and
to
provide
19
early
and
prompt
identification
and
placement
of
eligible
20
participants
in
the
treatment
programs.
The
drug
court
is
also
21
required
to
establish
ongoing
interaction
with
each
offender,
22
to
coordinate
treatment
and
rehabilitation
services,
and
to
23
monitor
and
evaluate
treatment.
24
The
drug
court
is
required
to
continue
interdisciplinary
25
education
to
promote
effective
drug
court
planning
and
26
operation,
and
to
form
partnerships
among
drug
courts,
public
27
agencies,
and
community-based
organizations.
28
The
bill
provides
that
the
jurisdiction
of
the
drug
court
29
may
be
exercised
by
any
district
judge
and
by
any
district
30
associate
judge
who
is
designated
by
the
chief
judge
of
a
31
judicial
district
as
a
judge
of
the
drug
court
and
requires
32
that
the
chief
judge
designate
one
or
more
of
the
district
33
judges
and
district
associate
judges
to
act
as
judges
of
the
34
drug
court
for
a
judicial
district.
The
chief
judge
of
a
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district
may
designate
a
drug
court
judge
to
preside
in
more
1
than
one
county.
2
The
supreme
court
is
required
to
prescribe
rules
to
3
establish
the
jurisdiction
of
the
drug
court
and
for
the
4
administration
of
the
drug
court
in
this
state.
5
The
bill
further
provides
a
standing
appropriation
of
6
$2.9
million
to
the
judicial
branch
and
$1.8
million
to
the
7
department
of
corrections
each
fiscal
year
for
costs
associated
8
with
drug
courts.
9
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