§ 16-98-305 — Required resources

Each approved drug court program established under this subchapter, subject to an appropriation, funding, and position authorization, both programmatic and administrative, shall be provided with the following resources: (1) The Department of Community Correction shall provide the following pursuant to § 16-98-303(b)(2) for adult offenders: (A) (i) Except as provided in subdivision (1)(A)(ii) of this section, provide a minimum of one (1) drug counselor position for every thirty (30) drug court participants. (ii) If a drug court judge does not require the drug counselor position or positions described in subdivision (1)(A)(i) of this section, funding for a drug counselor or counselors shall be provided under subdivision (1)(E)(i) of this section; (B) Provide a minimum of one (1) probation officer position for every forty (40) drug court participants; (C) Provide a minimum of one (1) administrative assistant position for each drug court program; (D) Provide for drug screens and testing as needed; and (E) (i) Based upon a formula to be developed by the Administrative Office of the Courts, reviewed by the Specialty Court Program Advisory Committee, and approved by the Legislative Council, provide for: (a) Intensive outpatient treatment to be made available to the drug court program in each judicial district; (b) Short-term and long-term inpatient treatment to be made available to the drug court program in each judicial district; and (c) A drug court judge to contract with a local licensed treatment provider for counseling services for drug court participants so that each privately contracted addiction counselor does not have more than thirty (30) drug court participants in his or her caseload. (ii) The Department of Community Correction shall enter into an interagency memorandum of understanding with the Administrative Office of the Courts in order to establish the process and procedures for the payment of treatment services ordered by a drug court judge and funded through the Department of Community Correction. (iii) Expenditures of funds for treatment services allocated to each approved drug court program under the formula described in subdivision (1)(E)(i) of this section shall be at the direction of a drug court judge, except as limited by the procedures adopted in the memorandum of understanding described in subdivision (1)(E)(ii) of this section; (2) The Department of Human Services shall: (A) Provide a minimum of one (1) drug counselor position for every thirty (30) drug court participants in delinquency cases, dependency-neglect cases, and family in need of services cases; (B) Provide for drug screens and testing as needed in delinquency cases, dependency-neglect cases, and family in need of services cases; and (C) Provide for intensive outpatient treatment and short-term and long-term inpatient treatment to be made available to the drug court program in each judicial district in delinquency cases, dependency-neglect cases, and family in need of services cases based upon a formula developed by the Administrative Office of the Courts and reviewed by the Specialty Court Program Advisory Committee; and (3) The Administrative Office of the Courts shall: (A) Provide funding to be reviewed by the Specialty Court Program Advisory Committee for additional ongoing maintenance and operation costs of a local approved drug court program not provided by the Department of Community Correction or the Department of Human Services, including local drug court program supplies, education, travel, and related expenses; (B) Provide direct support to the drug court judge and drug court program; (C) Provide coordination between the multidisciplinary team and the drug court judge; (D) Provide case management; (E) Monitor compliance of drug court participants with drug court program requirements; and (F) Provide assistance and support to the Specialty Court Program Advisory Committee for the evaluation of adult and juvenile specialty court programs.

Legislative History

Amended by Act 2015, No. 895,§ 39, eff. 4/1/2015. Amended by Act 2015, No. 895,§ 38, eff. 4/1/2015. Amended by Act 2015, No. 895,§ 37, eff. 4/1/2015. Acts 2007, No. 1022, § 5.