CHAPTER 780
H.P. 1409 - L.D. 2014
An Act to Provide for the Establishment of Alcohol and Drug Treatment Programs in Maine Courts
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA c. 8 is enacted to read:
CHAPTER 8
ALCOHOL AND DRUG TREATMENT PROGRAMS
1. Programs. The Judicial Department may establish alcohol and drug treatment programs in the Superior Courts and District Courts and may adopt administrative orders and court rules to govern the practice, procedure and administration of these programs. Alcohol and drug treatment programs must include local judges and must be community based and operated separately from juvenile drug courts.
2. Goals. The goals of the alcohol and drug treatment programs authorized by this chapter include the following:
A. To reduce alcohol and drug abuse and dependency among criminal offenders;
B. To reduce criminal recidivism;
C. To increase personal, familial and societal accountability of offenders;
D. To promote healthy and safe family relationships;
E. To promote effective interaction and use of resources among justice system personnel and community agencies; and
F. To reduce the overcrowding of prisons.
3. Collaboration. The following shall collaborate with and, to the extent possible, provide financial assistance to the Judicial Department in establishing and maintaining alcohol and drug treatment programs:
A. District attorneys, the Department of the Attorney General and statewide organizations representing prosecutors;
B. Defense attorneys, including statewide organizations representing defense attorneys;
C. The Department of Corrections;
D. The Department of Mental Health, Mental Retardation and Substance Abuse Services;
E. The Department of Public Safety;
F. The Department of Education;
G. The business community;
H. Local service agencies; and
I. Statewide organizations representing drug court professionals.
1. Drug Court Coordinator. The Judicial Department shall employ a Drug Court Coordinator. The Drug Court Coordinator is responsible for helping the Judicial Department establish, staff, operate and evaluate alcohol and drug treatment programs in the courts.
2. Pass-through services. The Administrative Office of the Courts, with the assistance of the Drug Court Coordinator, may enter into cooperative agreements or contracts with:
A. The Department of Mental Health, Mental Retardation and Substance Abuse Services, Office of Substance Abuse or other federal-licensed treatment providers or state-licensed treatment providers to provide substance abuse services for alcohol and drug treatment program participants. To the extent possible, the alcohol and drug treatment programs must access existing sub-stance abuse treatment resources for alcohol and drug treatment program participants;
B. The Department of Corrections, Division of Community Corrections or other appropriate organizations to provide for supervision of alcohol and drug treatment program participants;
C. The Department of Corrections or other appropriate organizations to provide for drug testing of alcohol and drug treatment program participants;
D. Appropriate organizations to provide for a drug court manager at each alcohol and drug treatment program location; and
E. Appropriate organizations and agencies for training of alcohol and drug treatment program staff and for evaluation of alcohol and drug treatment program operations.
The Judicial Department shall report to the joint standing committee of the Legislature having jurisdiction over judiciary matters by January 15, 2002 and annually thereafter on the establishment and operation of alcohol and drug treatment programs in the courts. The report must cover at least the following:
1. Training. Judicial training;
2. Locations. Locations in which the alcohol and drug treatment programs are operated in each prosecutorial district;
3. Participating judges and justices. Judges and justices participating in the alcohol and drug treatment programs at each location;
4. Community involvement. Involvement of the local communities, including the business community and local service agencies;
5. Education. Educational components;
6. Existing resources. Use of existing substance abuse resources;
7. Statistics. Statistical summaries of each alcohol and drug treatment program;
8. Collaboration. Demonstration of the collaboration required under section 421, subsection 3, including agreements and contracts, the entities collaborating with the Judicial Department, the value of the agreements and contracts and the amount of financial assistance provided by each entity; and
9. Evaluation of programs. Evaluation of alcohol and drug treatment programs individually and overall.
Sec. 2. Planning and implementation committee. The Judicial Department shall establish the Drug Court Committee to create a plan for and to implement alcohol and drug treatment programs. The plan must include at least the following:
1. Judicial training;
2. At least one program in each prosecutorial district, to be operated at various locations within each district;
3. The use of judges who are part of the community in which the alcohol and drug treatment program is located;
4. The involvement of the local community, including the local business community and local service agencies, in planning and implementing the programs and in the delivery of services;
5. The identification of the role of educational programs in alcohol and drug treatment programs;
6. The use of existing treatment resources;
7. An explanation of the collaboration required under the Maine Revised Statutes, Title 4, section 421, subsection 3, including agreements and contracts, the entities collaborating with the Judicial Department, the value of the agreements and contracts and the amount of financial assistance provided by each entity;
8. The identification of the resource needs to provide appropriate supervision of program participants; and
9. The establishment of evaluation criteria and procedures, including tracking the status of participants after they are no longer part of the program.
The Drug Court Committee shall report to the First Regular Session of the 120th Legislature and the joint standing committee of the Legislature having jurisdiction over judiciary matters by January 15, 2001. The report must include a summary of the Drug Court Committee's activities, a timetable for full implementation and any legislation the Drug Court Committee recommends. The joint standing committee of the Legislature having jurisdiction over judiciary matters may report out legislation based on the recommendations.
Sec. 3. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.
2000-01
JUDICIAL DEPARTMENT
Courts - Supreme, Superior, District and Administrative
All Other $20,000
Provides one-time funds for judicial training.
Effective August 11, 2000, unless otherwise indicated.
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