STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 729	By:	Lerblance

AS INTRODUCED

An Act relating to the Oklahoma Drug Court Act; amending 22 O.S. 2001, Section 471.1, as amended by Section 1, Chapter 37, O.S.L. 2008 (22 O.S. Supp. 2008, Section 471.1), which relates to authorization of drug court programs; requiring establishment of drug court programs; requiring promulgation and implementation of certain uniform rules; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     22 O.S. 2001, Section 471.1, as amended by Section 1, Chapter 37, O.S.L. 2008 (22 O.S. Supp. 2008, Section 471.1), is amended to read as follows:
Section 471.1  A.  For purposes of this act, "drug court", "drug court program" or "program" means an immediate and highly structured judicial intervention process for substance abuse treatment of eligible offenders which expedites the criminal case, and requires successful completion of the plea agreement in lieu of incarceration.
B.  Each district court of this state is authorized to shall establish a drug court program pursuant to the provisions of this act, subject to availability of funds.  Juvenile drug courts may be established based upon the provisions of this act; provided, however, juveniles shall not be held, processed, or treated in any manner which violates any provision of Title 10 of the Oklahoma Statutes.
C.  Drug court programs shall not apply to any violent criminal offense.  Eligible offenses may further be restricted by the rules of the specific drug court program.  Nothing in this act shall be construed to require a drug court to consider every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the program.  Traditional prosecution shall be required where an offender is determined not appropriate for the drug court program.
D.  Drug court programs shall require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems.  Whenever possible, a drug court team shall be designated consisting of a judge to administer the program, a district attorney, a defense attorney, and other persons designated by the drug court team who shall have appropriate understanding of the goals of the program and of the appropriate treatment methods for the various conditions.  The assignment of any person to the drug court team shall not preclude the assigned person from performing other duties required in the course of their office or employment.  The chief judge of the judicial district, or if the district has more than one chief judge than the presiding judge of the Administrative Judicial District, shall designate one or more judges to administer the drug court program.  The assignment of any judge to a drug court program or the designation of a drug court docket shall not mandate the assignment of all substance abuse-related cases to the drug court docket or the program; however, nothing in this act shall be construed to preclude the assignment of all criminal cases relating to substance abuse or drug possession as provided by the rules established for the specific drug court program.
E.  When a drug court program is established, the An arresting officer shall file the criminal case record for potentially eligible offenders potentially eligible for the drug court program with the district attorney within four (4) days of the arrest.  The district attorney shall file an information in the case within twenty-four (24) hours of receipt of the criminal case record when the offender appears eligible for consideration for the program.  The information may be amended as necessary when an offender is denied admittance into the drug court program or for other purposes as provided in Section 304 of this title.  Any person arrested upon a warrant for his or her arrest shall not be eligible for the drug court program without the approval of the district attorney.  Any criminal case which has been filed and processed in the traditional manner shall be cross-referenced to a drug court case file by the court clerk, if the case is subsequently assigned to the drug court program.  The originating criminal case file shall remain open to public inspection.  The judge shall determine what information or pleadings are to be retained in the drug court case file, which shall be closed to public inspection.
F.  The court may request assistance from the Department of Mental Health and Substance Abuse Services which shall be the primary agency to assist in developing and implementing a drug court program or from any state or local agency in obtaining the necessary treatment services which will assure maximum opportunity for successful treatment, education, and rehabilitation for offenders admitted to the program.  All participating state and local agencies are directed to coordinate with each other and cooperate in assisting the district court in establishing a drug court program.
G.  Each drug court program shall ensure The Administrative Director of the Courts shall promulgate uniform statewide rules to be implemented by drug court programs no later than January 1, 2010.  Such rules shall supersede any conflicting rules utilized by drug court programs on that date.  The uniform rules shall include, but not be limited to:
1.  Strong linkage between participating agencies;
2.  Access by all participating parties of a case to information on the progress of the offender;
3.  Vigilant supervision and monitoring procedures;
4.  Random substance abuse testing;
5.  Provisions for noncompliance, modification of the treatment plan, and revocation proceedings;
6.  Availability of residential treatment facilities and outpatient services;
7.  Payment of court costs, treatment costs, supervision fees, and program user fees by the offender;
8.  Methods for measuring application of disciplinary sanctions, including provisions for:
a.	increased supervision,
b.	urinalysis testing,
c.	intensive treatment,
d.	short-term confinement not to exceed five (5) days,
e.	recycling the offender into the program after a disciplinary action for a minimum violation of the treatment plan,
f.	reinstating the offender into the program after a disciplinary action for a major violation of the treatment plan, and
g.	revocation from the program; and
9.  Methods for measuring performance-based effectiveness of each individual treatment provider's services.
H.  All drug court programs shall be required to keep reliable data on recidivism, relapse, restarts, sanctions imposed, and incentives given.
I.  Nothing in this section shall prohibit any county from establishing a drug court for misdemeanor offenses.  Such misdemeanor drug courts shall follow the rules and regulations of felony drug courts except that the penalty for revocation shall not exceed one (1) year in the county jail or the maximum penalty for the misdemeanor allowed by statute, whichever is less.  The Department of Mental Health and Substance Abuse Services shall provide technical assistance to the counties that establish misdemeanor drug courts.
SECTION 2.  This act shall become effective July 1, 2009.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-1-315	TEK	1/14/2009 11:20:20 AM