GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

S                                                                                                                                                    D

SENATE BILL DRS15162-MS-107A   (03/15)

Short Title:      Modernization of Drug Court Program.		(Public)
Sponsors:	Senators Randleman, J. Davis, and Britt (Primary Sponsors).
Referred to:

A BILL TO BE ENTITLED

AN ACT to establish judicially managed accountability and recovery courts throughout the state of north carolina to provide case management and continuity of care for those enrolled in the program.

The General Assembly of North Carolina enacts:

SECTION 1.  The titles of Subchapter XIV of Article 62 of Chapter 7A of the General Statutes and Article 62 of Chapter 7A of the General Statutes and G.S. 7A‑790 read as rewritten:

"SUBCHAPTER XIV. DRUG TREATMENT COURTS.Accountability and recovery courts.

"Article 62.

"North Carolina Drug Treatment Court Act.Judicially Managed Accountability and Recovery Court Act.

"§ 7A‑790.  Short title.

This Article shall be known and may be cited as the "North Carolina Drug Treatment Court Act of 1995"."Judicially Managed Accountability and Recovery Court Act of 2017."

SECTION 2.  G.S. 7A‑791 reads as rewritten:

"§ 7A‑791.  Purpose.

The General Assembly recognizes that a critical need exists in this State for judicial programs that will reduce the incidence of alcohol and other drugsubstance abuse or dependence and crimes, including the offense of driving while impaired, delinquent acts, and child abuse and neglect committed as a result of alcohol and other drugsubstance abuse or dependence, anddependence; child abuse and neglect where alcohol and other drugsubstance abuse or dependence are significant factors in the child abuse and neglect.neglect; and offenses, delinquent acts, and child abuse and neglect where mental, behavioral, or medical health is a significant factor in commission of the offense or act. It is the intent of the General Assembly by this Article to create a program to facilitate the creation and operation of local drug treatment court programs and driving while impaired (DWI) treatment court programs.judicially managed accountability and recovery courts."

SECTION 3.  G.S. 7A‑792 reads as rewritten:

"§ 7A‑792.  Goals.

The goals of the drug treatment court programsjudicially managed accountability and recovery courts funded under this Article include the following:

(1)        To reduce alcoholism and other drugsubstance abuse and dependencies among adult and juvenile offenders and defendants and among respondents in juvenile petitions for abuse, neglect, or both;

(2)        To reduce criminal and delinquent recidivism and the incidence of child abuse and neglect;

(3)        To reduce the alcohol‑related and other drug‑relatedsubstance‑related court workload;

(4) To reduce the mental, behavioral, or medical health‑related court workload;

(4)(5)   To increase the personal, familial, and societal accountability of adult and juvenile offenders and defendants and respondents in juvenile petitions for abuse, neglect, or both; and

(5)(6)   To promote effective interaction andinteraction, collaboration, coordination, and use of resources among criminal and juvenile justice personnel, child protective services personnel, and community agencies."

SECTION 4.  G.S. 7A‑793 reads as rewritten:

"§ 7A‑793.  Establishment of Program.

The North Carolina Drug Treatment CourtJudicially Managed Accountability and Recovery Court Program is established in the Administrative Office of the Courts to facilitate the creationcreation, administration, and funding of local drug treatment court programs.judicially managed accountability and recovery courts. The Director of the Administrative Office of the Courts shall provide any necessary staff for planning, organizing, and administering the program. Local drug treatment court programs funded pursuant to this Article shall be operated consistently with the guidelines adopted pursuant to G.S. 7A‑795. Local drug treatment court programsjudicially managed accountability and recovery courts established and funded pursuant to this Article may consist of adult drug treatment court programs, juvenile drug treatment court programs, family drug treatment court programs, or any combination of these programs.programs approved by the Administrative Office of the Courts."

SECTION 5.  G.S. 7A‑794 reads as rewritten:

"§ 7A‑794.  Fund administration.

The Drug Treatment Court Program Fund is created in the Administrative Office of the Courts and is administered by the Director of the Administrative Office of the Courts in consultation with the State Drug Treatment Court Advisory Committee.The Administrative Office of the Courts shall administer funding related to the North Carolina Judicially Managed Accountability and Recovery Court Program."

SECTION 6.  G.S. 7A‑795 reads as rewritten:

"§ 7A‑795.  State Drug Treatment Court Judicially Managed Accountability and Recovery Court Advisory Committee.

The State Drug Treatment CourtJudicially Managed Accountability and Recovery Court Advisory Committee is established to develop and recommend to the Director of the Administrative Office of the Courts guidelines for the drug treatment courtjudicially managed accountability and recovery court program and to monitor local programscourts wherever they are implemented.implemented and administered. The Committee shall be chaired by the Director or the Director's designee and shall consist of not less than seven members appointed by the Director and broadly representative of the courts, law enforcement, corrections, juvenile justice, child protective services, and substance abuse treatment communities. In developing guidelines, the Advisory Committee shall consider the Substance Abuse and the Courts Action Plan and other recommendations of the Substance Abuse and the Courts State Task Force.provide minimum standards of judicially managed accountability and recovery courts."

SECTION 7.  G.S. 7A‑796 reads as rewritten:

"§ 7A‑796.  Local drug treatment court managementjudicially managed accountability and recovery court committee.

Each judicial district choosing to establish a drug treatment courtjudicially managed accountability and recovery court shall form a local drug treatment court managementjudicially managed accountability and recovery court committee, which shall be comprised to assure representation appropriate to the type or types of drug treatment courtjudicially managed accountability and recovery court operations to be conducted in the district and shall consist of persons appointed by the senior resident superior court judge with the concurrence of the chief district court judge and the district attorney for that district, chosen from the following list:

(1) A judge of the superior court;

(2)(1)   A judge of the district court;

(3)(2)   A district attorney or assistant district attorney;

(4)(3)   A public defender or assistant public defender in judicial districts served by a public defender;defender, a member of the private criminal defense bar, or a member of the private bar who represents respondents in department of social services juvenile matters;

(5)(4)   An attorney representing a county department of social servicesservices, the director or director's designee of the child welfare services division of a county department of social services, or a representative of the guardian ad litem from within the district;

(6) A representative of the guardian ad litem;

(7) A member of the private criminal defense bar;

(8) A member of the private bar who represents respondents in department of social services juvenile matters;

(9)(5)   A clerk of superior court;

(10) The trial court administrator in judicial districts served by a trial court administrator;

(11) The director or member of the child welfare services division of a county department of social services within the district;

(12)(6) The chief juvenile court counselor for the district;

(13)(7) A probation officer;

(8) The sheriff or sheriff's designee;

(14)(9) A local law enforcement officer;

(15)(10)     A representative of the local school administrative unit;

(16)(11)     A representative of the local community college;college or other adjacent secondary educational institution with a school of social work;

(17)(12)     A representative of the treatment providers;

(18)(13)     A representative of the area mental health program;entity managed care organization;

(19)(14)     Any local drug treatmentrecovery court coordinator; and

(20)(15)     Any other persons selected by the local management committee.

The local drug treatment court managementjudicially managed accountability and recovery court committee shall develop local guidelines and procedures, not inconsistent with the State guidelines,guidelines and minimum standards, that are necessary for the operation and evaluation of the local drug treatment court.judicially managed accountability and recovery court."

SECTION 8.  G.S. 7A‑797 reads as rewritten:

"§ 7A‑797.  Eligible population; drug treatment court procedures.

The Director of the Administrative Office of the Courts, in conjunction with the State Drug Treatment CourtJudicially Managed Accountability and Recovery Court Advisory Committee, shall develop criteria for eligibilityeligibility, minimum standards, and other procedural and substantive guidelines for drug treatment courtjudicially managed accountability and recovery court operation."

SECTION 9.  G.S. 7A‑799 reads as rewritten:

"§ 7A‑799.  Treatment not guaranteed.

Nothing contained in this Article shall confer a right or an expectation of a right to treatmentor recovery management for a defendant or offender within the criminal or juvenile justice system or a respondent in a juvenile petition for abuse, neglect, or both."

SECTION 10.  G.S. 7A‑800 reads as rewritten:

"§ 7A‑800.  Payment of costs of treatment program.

Each defendant, offender, or respondent in a juvenile petition for abuse, neglect, or both, who receives treatment under a local drug treatment court programjudicially managed accountability and recovery court shall contribute to the cost of the alcohol and other drugsubstance abuse or dependency treatment received in the drug treatment court program,judicially managed accountability and recovery court, based upon guidelines developed by the local drug treatment court managementjudicially managed accountability and recovery court committee."

SECTION 11.  G.S. 7A‑801 reads as rewritten:

"§ 7A‑801.  Monitoring and annual report.

The Administrative Office of the Courts shall monitor all State‑recognized and funded local drug treatmentjudicially managed accountability and recovery courts, prepare an annual report on the implementation, operation, and effectiveness of the statewide drug treatment courtjudicially managed accountability and recovery court program, and submit the report to the General Assembly by March 1 of each year. Each local drug treatment court programjudicially managed accountability and recovery court shall submit evaluation reports to the Administrative Office of the Courts as requested."

SECTION 12.  This act is effective when it becomes law.