Bill Text: VA HB292 | 2024 | Regular Session | Prefiled
Bill Title: Drug Treatment Court Act; renames the Act as the Recovery Court Act.
Spectrum: Slight Partisan Bill (Republican 9-4)
Status: (Passed) 2024-03-08 - Governor: Acts of Assembly Chapter text (CHAP0025) [HB292 Detail]
Download: Virginia-2024-HB292-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-251.02 and 18.2-254.1 of the Code of Virginia are amended and reenacted as follows:
§18.2-251.02. Drug Offender Assessment and Treatment Fund.
There is hereby established in the state treasury the Drug
Offender Assessment and Treatment Fund, which shall consist of moneys received
from fees imposed on certain drug offense convictions pursuant to §
16.1-69.48:3 and subdivisions A 10 and 11 of §17.1-275. All interest derived
from the deposit and investment of moneys in the Fund shall be credited to the
Fund. Any moneys not appropriated by the General Assembly shall remain in the
Drug Offender Assessment and Treatment Fund and shall not be transferred or
revert to the general fund at the end of any fiscal year. All moneys in the
Fund shall be subject to annual appropriation by the General Assembly to the
Department of Corrections, the Department of Juvenile Justice, and the
Commission on VASAP to implement and operate the offender substance abuse
screening and assessment program; the Department of Criminal Justice Services
for the support of community-based probation and local pretrial services
agencies; and the Office of the Executive Secretary of the Supreme Court of
Virginia for the support of drug treatment recovery court programs.
§18.2-254.1. Recovery Court Act.
A. This section shall be known and may be cited as the "Drug Treatment "Recovery
Court Act."
B. The General Assembly recognizes that there is a critical
need in the Commonwealth for effective treatment programs that reduce the incidence
of drug use, drug addiction, family separation due to parental substance abuse,
and drug-related crimes. It is the intent of the General Assembly by this
section to enhance public safety by facilitating the creation of drug treatment recovery courts as means by
which to accomplish this purpose.
C. The goals of drug treatment recovery courts include: (i)
reducing drug addiction and drug dependency among offenders; (ii) reducing
recidivism; (iii) reducing drug-related court workloads; (iv) increasing personal,
familial and societal accountability among offenders; and,
(v) promoting effective planning and use of resources among the criminal
justice system and community agencies.
D. Drug treatment Recovery courts are
specialized court dockets within the existing structure of Virginia's court
system offering judicial monitoring of intensive treatment and strict
supervision of addicts in drug and drug-related cases. Local officials must
complete a recognized planning process before establishing a drug treatment recovery court program.
E. Administrative oversight for implementation of the Drug Treatment Recovery Court Act shall be
conducted by the Supreme Court of Virginia. The Supreme Court of Virginia shall
be responsible for (i) providing oversight for the distribution of funds for drug treatment recovery courts; (ii)
providing technical assistance to drug treatment recovery courts; (iii)
providing training for judges who preside over
drug treatment recovery
courts; (iv) providing training to the providers of administrative, case
management, and treatment services to drug treatment recovery courts; and (v)
monitoring the completion of evaluations of the effectiveness and efficiency of drug treatment recovery courts in the
Commonwealth.
F. A The state
drug treatment court advisory committee Recovery Court
Advisory Committee shall be established to (i) evaluate and
recommend standards for the planning and implementation of
drug treatment recovery
courts; (ii) assist in the evaluation of their effectiveness
and efficiency; and (iii) encourage and enhance
cooperation among agencies that participate in their planning and
implementation. The committee shall be chaired by the Chief Justice of the
Supreme Court of Virginia or his designee and shall include a member of the
Judicial Conference of Virginia who presides over a
drug treatment recovery
court; a district court judge; the Executive Secretary or his designee; the
directors of the following executive branch agencies: Department of
Corrections, Department of Criminal Justice Services, Department of Juvenile
Justice, Department of Behavioral Health and Developmental Services, Department
of Social Services; a representative of the following entities: a local
community-based probation and pretrial services agency, the Commonwealth's
Attorney's Association, the Virginia Indigent Defense Commission, the Circuit
Court Clerk's Association, the Virginia Sheriff's Association, the Virginia
Association of Chiefs of Police, the Commission on VASAP, and two representatives
designated by the Virginia Drug Court Association.
G. Each jurisdiction or combination of jurisdictions that
intend to establish a drug treatment recovery court or continue the
operation of an existing one shall establish a local
drug treatment recovery
court advisory committee. Jurisdictions that establish separate adult and
juvenile drug treatment recovery courts may establish
an advisory committee for each such court. Each advisory committee shall ensure
quality, efficiency, and fairness in the planning, implementation, and
operation of the drug treatment recovery court or courts that
serve the jurisdiction or combination of jurisdictions. Advisory committee
membership shall include, but shall not be limited to the following people or
their designees: (i) the drug treatment recovery court judge; (ii) the
attorney for the Commonwealth, or, where applicable, the city or county
attorney who has responsibility for the prosecution of misdemeanor offenses;
(iii) the public defender or a member of the local criminal defense bar in
jurisdictions in which there is no public defender; (iv) the clerk of the court
in which the drug treatment recovery court is located; (v)
a representative of the Virginia Department of Corrections, or the Department
of Juvenile Justice, or both, from the local office which serves the
jurisdiction or combination of jurisdictions; (vi) a representative of a local
community-based probation and pretrial services agency; (vii) a local
law-enforcement officer; (viii) a representative of the Department of
Behavioral Health and Developmental Services or a representative of local drug
treatment providers; (ix) the drug recovery court administrator;
(x) a representative of the Department of Social Services; (xi) county
administrator or city manager; and (xii) any other people selected by the drug treatment recovery court advisory
committee.
H. Each local drug treatment recovery court advisory
committee shall establish criteria for the eligibility and participation of
offenders who have been determined to be addicted to or dependent upon drugs.
Subject to the provisions of this section, neither the establishment of a drug treatment recovery court nor anything
herein shall be construed as limiting the discretion of the attorney for the Commonwealth
to prosecute any criminal case arising therein which he deems advisable to
prosecute, except to the extent the participating attorney for the Commonwealth
agrees to do so. As defined in §17.1-805 or 19.2-297.1, adult offenders who
have been convicted of a violent criminal offense within the preceding 10
years, or juvenile offenders who previously have been adjudicated not innocent
of any such offense within the preceding 10 years, shall not be eligible for
participation in any drug treatment recovery court established or
continued in operation pursuant to this section.
I. Each drug treatment recovery court advisory
committee shall establish policies and procedures for the operation of the
court to attain the following goals: (i) effective integration of drug and
alcohol treatment services with criminal justice system case processing; (ii)
enhanced public safety through intensive offender supervision and drug
treatment; (iii) prompt identification and placement of eligible participants;
(iv) efficient access to a continuum of alcohol, drug, and related treatment
and rehabilitation services; (v) verified participant abstinence through
frequent alcohol and other drug testing; (vi) prompt response to participants'
noncompliance with program requirements through a coordinated strategy; (vii)
ongoing judicial interaction with each drug recovery court participant;
(viii) ongoing monitoring and evaluation of program effectiveness and
efficiency; (ix) ongoing interdisciplinary education and training in support of
program effectiveness and efficiency; and (x) ongoing collaboration among drug treatment recovery courts, public
agencies, and community-based organizations to enhance program effectiveness
and efficiency.
J. Participation by an offender in a
drug treatment recovery
court shall be voluntary and made pursuant only to a written agreement entered
into by and between the offender and the Commonwealth with the concurrence of
the court.
K. Nothing in this section shall preclude the establishment of substance abuse treatment programs and services pursuant to the deferred judgment provisions of §18.2-251.
L. Each offender shall contribute to the cost of the substance
abuse treatment he receives while participating in a drug
treatment recovery
court pursuant to guidelines developed by the
drug treatment recovery
court advisory committee.
M. Nothing contained in this section shall confer a right or
an expectation of a right to treatment for an offender or be construed as
requiring a local drug treatment recovery court advisory
committee to accept for participation every offender.
N. The Office of the Executive Secretary shall, with the
assistance of the state drug treatment court
advisory committee Recovery Court
Advisory Committee, develop a statewide evaluation model
and conduct ongoing evaluations of the effectiveness and efficiency of all
local drug treatment recovery courts. A report of
these evaluations shall be submitted to the General Assembly by December 1 of
each year. Each local drug treatment recovery court advisory
committee shall submit evaluative reports to the Office of the Executive
Secretary as requested.
O. Notwithstanding any other provision of this section, no drug treatment recovery court shall be
established subsequent to March 1, 2004, unless the jurisdiction or
jurisdictions intending or proposing to establish such court have been
specifically granted permission under the Code of Virginia to establish such
court. The provisions of this subsection shall not apply to any drug treatment recovery court established on
or before March 1, 2004, and operational as of July 1, 2004.
P. Subject to the requirements and conditions established by
the state Drug Treatment Recovery Court Advisory
Committee, there shall be established a drug treatment recovery court in the
following jurisdictions: the City of Chesapeake and the City of Newport News.
Q. Subject to the requirements and conditions established by
the state Drug Treatment Recovery Court Advisory
Committee, there shall be established a drug treatment recovery court in the Juvenile
and Domestic Relations District Court for the County of Franklin, provided that
such court is funded solely through local sources.
R. Subject to the requirements and conditions established by
the state Drug Treatment Recovery Court Advisory
Committee, there shall be established a drug treatment recovery court in the City of
Bristol and the County of Tazewell, provided that the court is funded within
existing state and local appropriations.
2. That the Supreme Court of Virginia shall rename the state Drug Treatment Court Advisory Committee as the state Recovery Court Advisory Committee. Any requirements and conditions established by the state Drug Treatment Court Advisory Committee shall continue to exist under the state Recovery Court Advisory Committee.
