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Current Status Bill Number:View additional legislative information at the LPITS web site.3632 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010227 Primary Sponsor:Wilkins All Sponsors:Wilkins, Harrison and G.M. Smith Drafted Document Number:l:\council\bills\skb\18064som01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Adult and Juvenile Drug Treatment Court Act of 2001, Alcohol and Drug Abuse Services, Crimes and Offenses, DUI, Courts History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010227 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE, BY ADDING CHAPTER 26 SO AS TO ENACT THE "ADULT AND JUVENILE DRUG TREATMENT COURT ACT OF 2001" SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ADULT AND JUVENILE DRUG TREATMENT COURT PROGRAMS IN EACH JUDICIAL CIRCUIT, SUBJECT TO THE AVAILABILITY OF FUNDS, TO PROVIDE THE STANDARDS AND PROCEDURES FOR THE PROGRAMS, TO PROVIDE REQUIREMENTS FOR DRUG COURT JUDGES, TO PROVIDE FOR LOCAL DRUG TREATMENT COURT ADVISORY COMMITTEES, TO PROVIDE FOR THE STATE DRUG TREATMENT COURT OFFICE, ITS DIRECTOR, AND THE STATE DRUG TREATMENT COURT ADVISORY COMMITTEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
Section 17-26-10. This chapter may be cited as the 'Adult and Juvenile Drug Treatment Court Act'.
Section 17-26-20. The South Carolina General Assembly recognizes that drug treatment court programs have proved successful in dealing with drug addicts and abusers in the criminal and juvenile justice systems. These programs allow solicitors, within the exercise of their discretion, to permit consenting defendants to complete long-term, intensive treatment, closely monitored by frequent drug screens and judicial oversight, as a condition of probation or as an alternative to traditional prosecution. The purpose of this chapter is to set standards and procedures to facilitate the creation and continuation of such programs across South Carolina, while leaving local jurisdictions the flexibility to tailor individual programs to local needs.
Section 17-26-30. Each judicial circuit will have drug treatment court programs, subject to the availability of funds. A circuit solicitor who receives state funding for the implementation of a drug treatment court program shall establish at least one adult drug treatment court and one juvenile drug treatment court in the circuit so that all eligible persons within that circuit are permitted to apply for admission.
Section 17-26-40. (A) Adult drug treatment courts are for participants who have pending charges in the court of general sessions, or who, after a guilty plea, enter probation with drug treatment court as an added condition, or who are on probation where a violation of probation would be within the jurisdiction of the court of general sessions. Juvenile drug treatment courts are for participants who have charges pending in the family court, or who, after a guilty plea, enter probation with drug treatment court as an added condition, or who are on probation where a violation of probation would be within the jurisdiction of the family court.
(B) An adult drug treatment court and a juvenile drug treatment court program may be based on a diversion model, a post-conviction model, or a combination of both. A diversion model involves pre-conviction diversion of defendants into a drug treatment court program based on prosecutorial discretion. A post-conviction model refers to programs where participants are placed on probation or are continued on probation as part of a plea bargain in which the prosecutor recommends and the sentencing judge imposes the requirement of successful completion of a drug treatment court program as a condition of probation.
Section 17-26-50. To be eligible to enter an adult or juvenile drug treatment court program, a person must meet all of the following criteria:
(1) The applicant must be addicted to or an abuser of drugs.
(2) The applicant must be:
(a) charged with or on probation for a criminal offense in circuit or family court except for the offenses enumerated in items (3) and (4); or
(b) a juvenile under the jurisdiction of the family court as a status offender.
(3) The current offense or conviction for which the applicant is currently on probation must not be a violent crime as defined in Section 16-1-60. In addition, the applicant must not have a prior conviction for a violent crime as defined in Section 16-1-60; provided, however, that a solicitor may allow a person convicted of burglary in the second degree under Section 16-11-312(B) or attempted burglary in the second degree or accessory before the fact of burglary in the second degree to enter the program if the circumstances of the offense did not involve an act of actual violence to the person of another.
(4) An adult whose sole charge is for driving under the influence of alcohol or drugs, driving under suspension, violation of fish, game, or wildlife laws, or offenses for which the maximum possible incarceration is ninety days or less is not eligible to be admitted to a drug treatment court program, nor may any of the above charges be resolved through the drug treatment court program.
(5) A person may enter a drug treatment court program only one time. Persons who have previously completed a drug treatment court program in any jurisdiction or who have been admitted to such a program and failed to complete it for any reason are ineligible. However, nothing in this section prohibits acceptance of transfers of active drug treatment court cases from one program to another.
(6) The applicant must agree, in writing, to enter the program, accept its terms and conditions, and abide by them.
(7) The solicitor must approve the applicant to enter the program. If the applicant is seeking to be continued on probation in a revocation proceeding, the applicant must also obtain the consent of the Department of Probation, Parole and Pardon Services to enter the program.
Section 17-26-60. In evaluating applications for admission to a drug treatment court program, the solicitor may consider the following factors which include, but are not limited to:
(1) the nature of the offense;
(2) prior criminal history;
(3) opinions of law enforcement officials and the victim;
(4) risk factors for community supervision;
(5) the availability of resources;
(6) benefits to the community, including cost savings and public service employment;
(7) whether the present offense and prior offenses appear to be part of a pattern of nonviolent criminal activity focused on supporting the addiction to or abuse of drugs;
(8) the ability to pay restitution to any victims;
(9) special characteristics of the accused, including family issues and community support;
(10) a comparison of the likelihood of outcomes in a drug treatment court setting as opposed to a traditional prosecution;
(11) the mental and physical health of the individual, including substance abuse history;
(12) the apparent motivation of the accused; and
(13) other circumstances of mitigation and aggravation that the solicitor considers appropriate.
Section 17-26-70. (A) An adult who desires to enter an adult drug treatment court program must apply by completing a written document known as a 'Statement of Understanding' as provided in Section 17-26-90. An adequate supply of these forms must be maintained at the solicitor's office. A child who desires to enter a juvenile drug treatment court program must sign the statement of understanding and have a parent or guardian sign acknowledging consent. Any applicant who is represented by counsel must have at least one of the attorneys provide a written acknowledgment that the form has been reviewed with the client and that the attorney consents to the client entering the program. When the form is fully completed as provided in this subsection, the applicant must forward it to the solicitor for review.
(B) Upon receiving the executed statement of understanding, it is within the sole discretion of the solicitor to determine whether an applicant may enter the program. In making this determination, the solicitor shall make a good faith effort to obtain input from relevant law enforcement officials and from victims, as required by the Victims' Bill of Rights, provided in Section 16-3-1505, et. seq., before allowing an applicant to enter a drug treatment court program. If the applicant is facing a probation revocation proceeding and the drug treatment court program is being considered as an added condition for continuation of probation, the consent of the Department of Probation, Parole and Pardon Services is also required for entry into the program for adults and the consent of the Department of Juvenile Justice for juveniles.
(C) Before accepting an applicant into the program, the solicitor must have a screening performed by qualified persons employed directly by the solicitor's office, to determine whether the applicant has a significant drug problem that may include abuse or dependence. If the screening indicates that the applicant has a significant drug problem, the treatment provider must further evaluate whether the applicant is an acceptable candidate for the treatment model being utilized in that program, and must indicate that the treatment provider will accept the applicant into the treatment component. If the treatment provider rejects the applicant on either of these grounds, that person may not enter the program.
(D) If the solicitor agrees to accept the candidate into the program, the solicitor or a representative of the office must sign and date a written acknowledgment of conditional acceptance on the statement of understanding. If the applicant is on probation, a representative of the Department of Probation, Parole and Pardon Services must also sign the acceptance. The original document will be retained by the solicitor in the file of the participant. The solicitor must notify the drug court judge promptly of the conditional acceptance.
(E) Every initial acceptance into a drug treatment court is conditional. The solicitor has up to thirty days from the date of acceptance in which to terminate the participant from the program, without giving any reason. After the passage of this conditional period, only the drug court judge may terminate a participant from the program. In computing the conditional period, the first day begins on the date that the solicitor or a representative of the Department of Probation, Parole and Pardon Services signs acknowledging conditional acceptance into the program, whomever's signature is later. Nothing in this section prohibits the judge from terminating a participant at any time based on the failure to make a full and fair disclosure of information in the application process.
Section 17-26-80. (A) Upon receipt of a copy of the completed and properly executed statement of understanding indicating that an applicant has been conditionally accepted into the program, the drug court judge shall enter an order of acceptance. The order must contain language reflecting that the acceptance is conditional, and it must state the date on which the period of conditional acceptance expires. For diversion models, the original order shall be forwarded to the clerk of court for the county where the charge is pending, and it must be maintained in the defendant's file. In post-conviction models, the original must be maintained by the probation officer in the defendant's file. The judge shall see that the solicitor obtains a copy of the order of acceptance. The solicitor is responsible for providing a copy to the defendant, defense counsel, the parent or guardian of any juvenile participant, and any victim to whom notice is required under the Victims' Bill of Rights. The solicitor must also comply with any notification requirements established by the state drug treatment court office regarding cases placed into a drug treatment court program. Upon receipt of this order, the solicitor shall promptly schedule proceedings before an appropriate judge to execute the documents required in subsections (B) and (C).
(B) To be eligible to enter a diversion model program, the applicant and defense counsel, if any, must consent, in writing, to an order making it a condition of bail that the applicant adhere to the requirements of the drug treatment court program. The bail order must be signed by a judge with jurisdiction to set the conditions of bail or to modify them if bail has already been set. (C) To be eligible to enter a post-conviction model program, the applicant and defense counsel, if any, must consent, in writing, to add successful completion of the drug treatment court program as a condition of probation. The circuit court judge or family court judge who imposes the probationary sentence may make completion of a drug treatment court program a condition of probation only if it is part of a plea agreement wherein both the applicant and the solicitor agree to this condition. In the case of juveniles, a parent or guardian must agree.
(D) In issuing orders related to the release of a defendant from incarceration, consideration should be given to avoiding time delays between the release and the first day of treatment. When possible, defendants should be released from jail directly into the treatment component to reduce the danger of relapse. The solicitor must provide the participant with written notification of the date, time, and place of the first treatment session that the participant is required to attend.
Section 17-26-90. The statement of understanding is a written document prepared by the solicitor in each circuit that sets forth the basic requirements and conditions of the program. It must provide space on the form for the applicant to indicate an understanding and acceptance of each provision, together with an agreement to abide by these terms and conditions. If the applicant is a child, the form must provide for the approval of the applicant's parent or guardian. If the applicant has an attorney, the form must provide for the attorney to indicate that the terms have been explained to the client and that the attorney agrees for the client to enter the program. At a minimum, the statement of understanding must contain all of the following:
(1) an acknowledgment that the program is voluntary;
(2) an acknowledgment that acceptance into the program is within the solicitor's discretion and that the applicant has no legal right to be accepted into or to continue in the program;
(3) a clear statement that acceptance into the program is conditional for up to thirty days, as provided by Section 17-26-70(E);
(4) a clear statement of an opt-out provision whereby the participant may withdraw from the program and a statement of any notice requirements related to resignation from the program;
(5) a waiver of due process rights as to the drug treatment court proceedings based on the ability of the participant to reject the program or withdraw from it;
(6) an acknowledgment by the defendant that he must execute necessary releases of confidential information;
(7) a waiver of the defendant's right to speedy trial;
(8) an agreement to include the requirements of the drug treatment court program as a condition of bail in a diversion model or to include the requirements of the program as a condition of probation in a post-conviction model;
(9) a brief overview of the general requirements of the program and an acknowledgment that the demands for each participant may vary and are subject to modification. The document must include a recitation about the intensive treatment component and drug testing, and it must give a general outline of other terms and conditions. It must note the requirement to execute releases for the exchange of personal information, the requirement to disclose and eliminate risk factors related to addiction, as well as the requirement to provide an accurate health, background, and criminal history for evaluation, diagnosis, and treatment purposes. The applicant must agree to address family, residential, work, and educational problems, conform with societal demands, and demonstrate suitable progress in addressing the addiction, abuse, or both;
(10) a brief explanation of the role of the judge and the absolute discretion placed in the judge to determine compliance with the program. There must be an acknowledgment that noncompliance will result in sanctions or termination from the program, in the discretion of the drug court judge. There must also be an acknowledgment that a failure to make suitable progress toward completing the program, for whatever reason, may result in termination. The applicant must waive the right to appeal and agree to be bound by the decisions of the drug court judge;
(11) an explanation of the anticipated financial requirements of the applicant, including treatment costs and restitution, and an acknowledgment that funds paid during the program are not refundable;
(12) a requirement to maintain compliance with all laws and to notify the program officials of any arrest or the issuance of any citations. The document must also contain a clear explanation of the potential consequences of a re-arrest while in the program;
(13) a requirement to provide accurate identifying information and to keep program officials advised about living arrangements, places of employment, changes in address or telephone number, and significant events that might have an impact upon relapse issues. The applicant must agree to keep program officials reasonably informed as to the applicant's whereabouts and must acknowledge that participants cannot leave South Carolina without prior permission from the judge;
(14) a place to list the specific criminal charges that are to be evaluated for entry into the program and a concise explanation of what will happen to those charges upon successful completion of the program or termination from the program. This shall include an explanation that the defendant will be detained until another court conducts a hearing to evaluate bail or conditions of release, and the defendant will be returned to the applicable court to face the charges in the traditional manner, with no credit for any time that may have been served in drug treatment court sanctions;
(15) a statement of the minimum length of the program, which must not be less than one year, and the maximum length of the program, which must not be more than thirty months. However, for juveniles the program may range from nine to thirty months; and
(16) a place in which the solicitor and a representative of the Department of Probation, Parole and Pardon Services, if applicable, indicate conditional acceptance into the program or rejection of the application.
Section 17-26-100. Drug court judges must be members in good standing of the South Carolina Bar, probate judges, or active members of the judiciary in South Carolina who volunteer to preside over a drug court. No additional salary may be accepted by a circuit or family court judge who volunteers to serve in this capacity. Drug court judges will be selected and designated by the Chief Justice of the Supreme Court.
The General Assembly recognizes the inherent power of the court to utilize qualified people, learned in the law, to assist in the administration of judicial functions. All drug treatment court programs must be based upon the consent of the participants. The Chief Justice is permitted to empower special judges for specific purposes and to place limitations and directives on such service. If a participant does not agree to accept a particular drug court judge, the participant may withdraw from the program. Drug court judges serve at the pleasure of the Chief Justice. They are to be compensated on a contractual basis and are not members of the unified judicial system. Drug court judges are entitled to the same protections from civil liability and immunities as a special referee or special judge.
Section 17-26-110. (A) In addition to any powers inherent to the position, bestowed by the Chief Justice, or established by the consent of the participants, drug court judges are specifically empowered to preside over sessions of drug treatment court in the jurisdictions designated by the Chief Justice. Drug court judges will maintain order and decorum in the sessions, determine the progress of the participants, impose sanctions, issue bench warrants for failure to appear, issue orders for incarceration, impose conditions for continued participation in the program, issue orders of acceptance and termination as provided in this chapter, issue orders and certificates of completion, and do those things necessary and proper to carry out these duties. By the consent of the participants, drug court judges are granted absolute discretion to determine sanctions, impose additional requirements for continued participation, evaluate progress, and determine whether a participant is to be terminated from the program or graduated from it. There is no appeal from any decision of a drug court judge. If any condition or sanction is not acceptable to the participant, the participant may opt out of the program. Nothing in this section may be construed to limit the powers held at chambers by any circuit, family, or probate court judge or any magistrate or city recorder who volunteers to preside over a drug court with the approval of the Chief Justice.
(B) Sanctions are measures designed to focus a participant on the failure to meet a particular requirement of the program. Sanctions may include, but are not limited to, public service employment, additional treatment sessions, short periods of incarceration as provided herein, vocational training, job searches, or in-patient treatment programs.
(C) If a drug court judge imposes public service employment as a sanction, the judge may not impose more than twenty-four hours of public service employment for each violation. If an adult or juvenile drug court judge imposes incarceration as a sanction, the judge may not require a participant to serve more than seven days in jail for each violation. A drug court judge has the authority to impose consecutive sanctions for multiple violations. Further, where in-patient treatment is required and the participant agrees to continue in the program, a drug court judge may order the participant to be held in jail to maintain sobriety while awaiting a bed at the in-patient facility, not to exceed sixty consecutive days in jail. All jail sanctions and commitments to jail must be by written order. Additionally, only a family court judge may order a juvenile to the reception and evaluation center. Should it be in the best interest of the child to be evaluated by the Department of Juvenile Justice, the drug court judge may apply to the family court for the order.
(D) Juveniles who successfully complete the juvenile drug court program may petition the family court to have all records relating to the charge or charges relating to the admission, participation, and successful completion of the drug court destroyed.
Section 17-26-120. A drug treatment court session is a nonadversarial status conference with a drug court judge as presiding officer who observes the participants and receives reports on their progress. The court sessions may be scheduled as often as possible, but must be scheduled at least monthly. Drug court sessions should be conducted in a setting that maintains court decorum, but is largely free of formality. Drug court sessions are not courts of record and they are open to the public. Attorneys may attend and be heard, but their presence is not necessary to conduct the treatment court sessions. In view of the consensual nature of drug treatment court programs, due process rights do not apply and are waived by the participants.
Section 17-26-130. A person may not be compelled to enter or remain in a drug treatment court program. Participation in a drug treatment court program is strictly voluntary.
Section 17-26-140. (A) A participant may withdraw from the drug treatment court program. However, a program may require a notice period, not to exceed fourteen days, if the participant agreed to such in writing. If a notice provision is included and agreed upon in the statement of understanding or any written modification statement, the drug court judge does not have to accept the resignation until the notice period has expired. A juvenile may only withdraw from the program after consultation with the juvenile's lawyer and parents or guardians. During that period, the participant may be required to remain in jail or continue to adhere to the other conditions of the program until the drug court judge accepts the resignation, and the participant may withdraw the resignation at any time until the drug court judge files the order terminating the participant from the program.
(B) A drug court judge may terminate a participant from a program for violation of any condition or requirement of the program or for failure to make satisfactory progress toward program goals. The decision to terminate a participant is in the sole discretion of the drug court judge, and no prior notice is required to the defendant or defense counsel. However, nothing in this chapter prohibits a program from giving advance notice.
(C) Termination from the program must be by written order. The order must be signed by the drug court judge and filed in the same location as the order of acceptance. Once the order of termination is filed, it is final and irrevocable. Every reasonable effort to maintain the defendant in the program should be made before entering an order of termination. To assure that there is no violation of federal confidentiality laws, the order of termination should avoid a recitation of specific reasons for termination, and it need only recite that the defendant failed to complete the program. (D) Upon signing the order of termination, the drug court judge must issue a bench warrant or other order directing that the defendant be placed in jail or detained until the matter can be reviewed by an appropriate judge to determine issues related to bail or probation. The case must be referred back for the traditional method of prosecution or probation revocation, and the solicitor must notify appropriate persons, including any victim entitled to notice under the Victims' Bill of Rights.
Section 17-26-150. (A) If a participant is terminated from the program for any reason and is returned to the courts for traditional prosecution of an underlying charge, none of the information about drug use divulged by the defendant to program officials as part of the drug treatment court process or revealed through drug testing procedures in the program may be used as evidence against the defendant in that prosecution. No statements made by the defendant to personnel affiliated with the program as part of the drug treatment court process may be used against the defendant in the prosecution of the original charge or charges for which the defendant was admitted into the program. Specific information about drug use divulged in this manner or obtained through testing procedures in the drug treatment court program must not be used against the defendant to form the basis of a new charge for possession of illegal drugs. However, such information revealed or accumulated through the drug treatment court program may be used in the sentencing phase for the prosecution of the original charges. Explicitly excluded from such restrictions are any stipulation of guilt, confession, or acknowledgments that may be required by the program for participation.
(B) The restrictions contained in this section do not preclude the admissibility of statements or other evidence obtained by the State from an independent source, nor does it protect the defendant from actions which open the door to the admissibility of this evidence.
(C) Nothing contained in this section may be construed as an attempt to limit or expand any applicable federal or state confidentiality laws.
Section 17-26-160. Participants in adult drug treatment court programs must contribute to the cost of the substance abuse treatment received based on guidelines developed by the local program.
Section 17-26-170. (A) The solicitor in each judicial circuit, consistent with the requirements of this chapter, must establish the specific elements of the drug treatment court programs in that circuit. It is solely within the discretion of each solicitor whether a particular program shall be a post-conviction model, a diversion model, or a combination of both.
(B) The circuit solicitors are specifically endowed with and shall retain all discretionary powers under the common law.
(C) All aspects of the drug treatment court program are under the direct supervision and control of the circuit solicitor, with the exception of the judges who are under the control of the Chief Justice. The solicitor must contract for addiction treatment services for program participants through an agency licensed by the State to provide such services, and the solicitor may contract with other agencies or organizations for the provision of other services. In determining the treatment providers to be used, the solicitor should consider issues of accreditation, recordkeeping, and the ability of the treatment provider to supply information required for evaluations.
(D) A local drug treatment court program shall not receive state funding unless it establishes and maintains a local advisory committee as provided in Section 17-26-180.
Section 17-26-180. (A) A circuit solicitor who establishes a drug treatment court shall form at least one local drug treatment court advisory committee for the circuit. The circuit solicitor may form local advisory committees for each county in the circuit that establishes a drug treatment court program. The local committees must consist of the following members to be appointed by the solicitor:
(1) at least one member of the judiciary;
(2) the circuit solicitor or his designee;
(3) the public defender or his designee in judicial circuits served by a public defender;
(4) a member of the local private criminal defense bar;
(5) a local clerk of court or a representative from that office;
(6) a probation officer or community specialist;
(7) a local law enforcement officer;
(8) a representative from the county substance abuse authority designated pursuant to Section 61-12-20;
(9) the director of the local drug treatment court program, if applicable;
(10) a member of the local county council or his representative; and
(11) any other persons selected by the solicitor, which may include, but are not limited to, governmental officials and community leaders, jail administrators, public health officials, a local representative of the Department of Mental Health, representatives of the Department of Social Services, Department of Juvenile Justice, and representatives of local schools.
(B) The local advisory committees shall provide assistance, information, recommendations, and advice to the solicitor in the development, operation, and evaluation of the local drug treatment court programs, and shall have other powers, roles, and responsibilities as the solicitor establishes. The local advisory committee shall meet with the solicitor at least annually and members must receive a status report on the local programs and be given a reasonable opportunity to express their concerns and recommendations. Members of the local advisory committees must be provided copies of any formal evaluations of the drug treatment court programs in their locality.
Section 17-26-190. (A) The state drug treatment court office is established within the South Carolina Prosecution Coordination Commission. The state drug treatment court director must be employed by the commission. Salaries, benefits, and routine office expenses associated with this office must be contained within the budget of the commission. The state director must perform the duties assigned in this chapter.
(B) A statistician with criminal justice experience must be employed by the South Carolina Court Administration to work in cooperation with the state drug treatment court office.
(C) In addition to the responsibilities stated in other sections of this chapter, the state drug treatment court office must be responsible for performing the following tasks:
(1) utilizing a statewide management information system to be used in each local jurisdiction;
(2) assuring that evaluation models are created and implemented throughout the State;
(3) accumulating and disseminating data and information related to drug courts;
(4) keeping abreast of funding sources for drug treatment court programs and notifying appropriate state and local officials of the availability of such funds;
(5) developing a training curriculum for judges and other drug court personnel;
(6) arranging for training sessions and conferences to be held;
(7) arranging and presiding over meetings of the state drug treatment court advisory committee;
(8) assisting the Chief Justice and local officials in the selection and retention of drug court judges;
(9) maintaining financial records associated with the drug treatment court fund;
(10) issuing reports on matters related to the office and the administration of drug treatment court programs;
(11) developing budget requests;
(12) making recommendations and suggestions for the improvement of services; and
(13) performing necessary tasks to ensure the proper development, implementation, continuation, and expansion of quality drug treatment court programs throughout the State.
Section 17-26-200. (A) The state drug treatment court advisory committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of drug treatment court programs. The committee must provide these proposed evaluation plans to the Chief Justice and the state drug treatment court office.
(B) The state drug treatment court advisory committee may also make recommendations to the Chief Justice, the state drug treatment court office, and state officials concerning improvements to drug treatment court policies and procedures. The committee may make suggestions as to the criteria for eligibility and other procedural and substantive guidelines for drug treatment court operation. The Department of Alcohol and Other Drug Abuse Services shall develop and update proposed nonbinding guidelines for treatment services, which the state drug treatment court director shall submit to all local jurisdictions that receive state funds for drug treatment court programs.
(C) The state drug treatment court advisory committee must provide assistance, information, recommendations, and advice at the request of the Chief Justice, the state drug treatment court office, solicitors, treatment providers, and state and local officials. This committee shall be chaired by the director of the state drug treatment court office and consist of the following members:
(1) a member of the judiciary representing adult drug treatment court programs, designated by the Chief Justice;
(2) a member of the judiciary representing juvenile drug treatment court programs, designated by the Chief Justice;
(3) a circuit solicitor designated by the president of the South Carolina Solicitors' Association;
(4) two members of the defense bar recommended by the South Carolina Bar, one to be appointed by the Chairman of the House Judiciary Committee and one to be appointed by the Chairman of the Senate Judiciary Committee;
(5) the director of the Department of Juvenile Justice or his designee;
(6) the director of the Department of Alcohol and Other Drug Abuse Services or his designee;
(7) the director of the Department of Probation, Parole and Pardon Services or his designee;
(8) the director of the Department of Social Services or his designee;
(9) the director of the South Carolina Court Administration or his designee;
(10) the director of the Department of Mental Health or his designee;
(11) the Speaker of the House of Representatives or his designee;
(12) the President Pro Tempore of the Senate or his designee; and
(13) the director of the State Drug Treatment Court Office.
Section 17-26-210. (A) The drug treatment court program fund is established as an account separate from the general fund of the State, deposited in the office of the state treasurer and administered by the state drug treatment court office. Interest on investments shall remain with this fund.
(B) The state drug treatment court director shall cause disbursements to be made from the drug treatment court program fund to pay the contracts of drug court judges, to cover the costs of evaluation and monitoring of local courts, to cover training costs and incidental administrative expenses, to establish and maintain statewide management information systems, and to pay for the statewide evaluation and monitoring required of the state drug treatment court office by this chapter. The state director may also pay such other expenses as are reasonable, necessary, and appropriate to provide, acquire, and maintain qualified drug court judges for local jurisdictions on a contractual basis, to monitor the performance of these programs, and to disseminate information.
(C) The state drug treatment court director shall cause to be paid from the drug treatment court program fund expenses associated with the state drug treatment court advisory committee. Members of the committee may not be paid a salary or honorarium, but they may be reimbursed for mileage and actual expenses incurred to attend meetings and perform the functions of this committee. The state director may expend funds to host meetings, attend conferences, supply materials, provide training, join professional associations, disseminate information, and other necessary things. The state director shall take appropriate steps to ensure that the state advisory committee is able to complete the task of utilizing and updating proposed evaluation models, and that sufficient funds are earmarked for development, implementation, and maintenance of a statewide management information system.
(D) Existing drug treatment court programs will serve as mentors and models for programs that are being developed. Until full funding is made available for all the local jurisdictions, first priority in funding must be to provide continuation grants for circuits that have existing drug courts so that they may continue the existing programs and use their existing infrastructure and expertise to establish both adult and juvenile drug treatment court programs if they do not currently have both types. The next priority must be to provide funds as implementation grants for circuits that have completed planning for a drug court. The third priority must be given to jurisdictions that have not begun planning as grants to begin planning for drug treatment court programs.
(E) Until each circuit has operational drug treatment courts, the state drug treatment court advisory committee, consistent with the priorities established in subsection (D) above, shall evaluate the status of drug treatment court programs statewide and the availability of funds, and make recommendations to the Chief Justice for the selection of pilot programs and recommendations as to the most appropriate jurisdictions to receive planning grants, implementation grants, and continuation grants. As long as the phase-in procedures exist, the state drug treatment court advisory committee may require local jurisdictions to submit grant applications in such form and with such information as the committee may require consistent with the provisions of this chapter. The state drug treatment court advisory committee must make the application process simple and not unduly burdensome. The state drug treatment court director shall give final approval to the circuits that are to be designated in each grant funding cycle to receive funds upon the recommendations of the state drug treatment court advisory committee. The state drug treatment court advisory committee shall then determine the type and amount of each grant and allocates the grants to the individual circuits with the goal of achieving the best, quickest, and most orderly method of institutionalizing drug treatment courts statewide. The state drug treatment court office shall make the distributions of funds directed by the state drug treatment court advisory committee.
(F) When each circuit has operational drug treatment court programs, the state drug treatment court advisory committee will cease to have any direct control over the distribution of these funds, and the funds set aside for local use in the drug treatment court fund must be divided based on population percentages and distributed to the local jurisdictions through the state drug treatment court office.
(G) When individual local jurisdictions are approved to receive money from this fund for planning, implementation, continuation, or through distribution directly from the state drug treatment court office, the office shall cause the appropriated amount to be disbursed from the fund to that local jurisdiction. The solicitor shall specify a local program director who must be responsible for the local administration of the funds. State funds may be used to fund a full-time or part-time local program director position. The local program director may be an employee of the grant recipient, an employee of the solicitor, or hold a grant-established position under the solicitor. The local program director shall advise the state drug treatment court office as to where the funds are to be deposited. The solicitors and local program directors are solely responsible for seeing that treatment providers and service providers who are contracted at the local level are paid.
(H) All state funds distributed through the state drug treatment court office must be carefully monitored. The state drug treatment court office and any local jurisdiction that receives amounts from the drug treatment court program fund must fully document all receipts and disbursements, and strict accounting procedures must be maintained at the state and local levels so that audits will clearly reveal when and how the money was spent. Grants must be administered in accordance with laws made for that purpose, including provisions in appropriations acts, and the grants may contain rules for the implementation, operation, and monitoring of grant-funded programs.
Section 17-26-220. The state drug treatment court office must utilize and maintain appropriate evaluation models and a competent management information system for the collection and retrieval of data from local drug treatment court programs. A drug treatment court program that receives state funds must participate in the statewide evaluations and collect, store, and report data, evaluation reports, and information as required by the state drug treatment court office. This office will monitor and evaluate the efficacy of these programs. Additionally, the office must prepare annual evaluations by the first day of the legislative session each year. The first evaluation must be submitted by January 2004. The evaluations and underlying data must be available for review by the public or by state or local officials. Failure of a local jurisdiction to cooperate with the evaluation and any serious deficiencies discovered through the evaluation process must be reported to the state drug treatment court office and may result in the withholding of state funds, in addition to any other sanction or action permitted or required by law.
Section 17-26-230. Nothing contained in this chapter confers a right or an expectation of a right to treatment for an offender within the criminal and juvenile justice systems. Nothing contained in this chapter may be construed as requiring a solicitor to consider for admission every offender with a treatable condition or addiction, despite the fact that the controlling offense is eligible for consideration under the drug treatment court program and despite the fact that others similarly situated are granted admission to the program."
SECTION 2. This act takes effect July 1, 2001.
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