§ 16-98-302 — Purpose and intent

(a) There is a critical need for judicial intervention and support for effective treatment programs that reduce the incidence of drug use, drug addiction, and family separation due to parental substance abuse and drug-related crimes. It is the intent of the General Assembly for this subchapter to enhance public safety by facilitating the creation, expansion, and coordination of drug court programs. (b) The goals of the drug court programs in this state shall be consistent with the standards adopted by the United States Department of Justice and recommended by the National Association of Drug Court Professionals and shall include the following key components: (1) Integration of substance abuse treatment with justice system case processing; (2) Use of a nonadversarial approach in which prosecution and defense promote public safety while protecting the right of the accused to due process; (3) Early identification, with the use of a validated risk-needs assessement, of eligible moderate-to-high-risk participants and prompt placement of eligible participants; (4) Access to a continuum of treatment, rehabilitation, and related services; (5) Frequent testing for alcohol and illicit drugs; (6) A coordinated strategy among the judge, prosecution, defense, and treatment providers to govern offender compliance; (7) Ongoing judicial interaction with each participant; (8) Monitoring and evaluation of the achievement of program goals and effectiveness; (9) Continuing interdisciplinary education to promote effective planning, implementation, and operation; and (10) Development of partnerships with public agencies and community-based organizations to generate local support and enhance drug court effectiveness. (c) (1) Drug court programs are specialized court dockets within the existing structure of the Arkansas court system. Drug court programs offer judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases. (2) The creation of a drug court docket and the appointment of a circuit judge to that docket shall be approved by the administrative judge in each judicial circuit and made a part of the judicial circuit's administrative plan required by Supreme Court Administrative Order Number 14. (d) Drug court program success shall be determined by the rate of recidivism of all drug court participants, including participants who do not graduate.

Legislative History

Acts 2003, No. 1266, § 2; 2007, No. 1022, § 3; 2011, No. 570, § 112.