§ 16-102-101 — Specialty court authorized - Program authorized - Evaluation - Restriction on services and treatment

(a) A district court may establish a DWI/BWI specialty court program for persons convicted of driving or boating while intoxicated, § 5-65-103 , subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 18. (b) A DWI/BWI specialty court is a specialized court within the existing structure of the court system. (c) The goals of the DWI/BWI specialty court program shall be consistent with standards adopted by the United States Department of Justice and recommended by the National Center for DWI Courts, as they existed on January 1, 2021. (d) A DWI/BWI specialty court program authorized under this chapter is subject to evaluation by the Specialty Court Program Advisory Committee under § 16-10-139 . (e) (1) A DWI/BWI specialty court program may not order any services, including mental health or substance use disorder treatment under this chapter unless: (A) An administrative and programmatic appropriation has been made for the services; (B) Administrative and programmatic funding is available for the services; and (C) Administrative and programmatic positions have been authorized for the services. (2) If the requirements of subdivision (e)(1) of this section are not met, a DWI/BWI specialty court may still order the services if the provider waives payment or if the DWI/BWI specialty court program participant has private insurance that will pay for the services.

Legislative History

Added by Act 2021, No. 58,§ 4, eff. 7/28/2021.