Bill Text: IA HF338 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act establishing a drug court in each judicial district and making appropriations.
Spectrum: Partisan Bill (Democrat 32-0)
Status: (Introduced - Dead) 2017-02-15 - Introduced, referred to Judiciary. H.J. 311. [HF338 Detail]
Download: Iowa-2017-HF338-Introduced.html
House File 338 - Introduced HOUSE FILE BY ISENHART, STAED, ABDUL=SAMAD, KACENA, ANDERSON, GASKILL, KEARNS, OURTH, BEARINGER, WOLFE, FINKENAUER, BENNETT, NIELSEN, WINCKLER, MASCHER, LENSING, BRECKENRIDGE, PRICHARD, THEDE, MILLER, STECKMAN, OLSON, OLDSON, T. TAYLOR, BROWN=POWERS, COHOON, GAINES, KURTH, MEYER, WESSEL=KROESCHELL, McCONKEY, and KRESSIG A BILL FOR 1 An Act establishing a drug court in each judicial district and 2 making appropriations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1421YH (6) 87 ec/rj PAG LIN 1 1 Section 1. Section 602.6306, subsection 2, Code 2017, is 1 2 amended to read as follows: 1 3 2. District associate judges also have jurisdiction 1 4 in civil actions for money judgment where the amount in 1 5 controversy does not exceed ten thousand dollars; jurisdiction 1 6 over involuntary commitment, treatment, or hospitalization 1 7 proceedings under chapters 125 and 229; jurisdiction of 1 8 indictable misdemeanors, class "D" felony violations, and 1 9 other felony arraignments; jurisdiction to enter a temporary 1 10 or emergency order of protection under chapter 235F or 236, 1 11 and to make court appointments and set hearings in criminal 1 12 matters; jurisdiction to enter orders in probate which do not 1 13 require notice and hearing and to set hearings in actions under 1 14 chapter 633 or 633A;andthe jurisdiction provided in section 1 15 602.7101 when designated as a judge of the juvenile court; and 1 16 the jurisdiction provided in section 602.6801 when designated 1 17 as a judge of the drug court. While presiding in these subject 1 18 matters a district associate judge shall employ district 1 19 judges' practice and procedure. 1 20 Sec. 2. NEW SECTION. 602.6801 Drug court. 1 21 1. A drug court is established in each judicial district 1 22 to provide court services to offenders addicted to alcohol or 1 23 drugs and to integrate court sanctions and incentives with 1 24 alcohol and drug abuse treatment and counseling in a judicially 1 25 supervised court setting. 1 26 2. The drug court shall incorporate all of the following 1 27 essential characteristics into its operations and proceedings: 1 28 a. Integration of justice system case processing with 1 29 alcohol and drug abuse treatment. 1 30 b. Use of a nonadversarial approach, whereby prosecution 1 31 and defense counsel promote public safety while protecting 1 32 participants' due process rights. 1 33 c. Early and prompt identification and coordinated placement 1 34 of eligible participants in treatment programs. 1 35 d. Coordination of access to a continuum of alcohol, drug, 2 1 and related treatment and rehabilitation services. 2 2 e. Monitoring of abstinence by frequent alcohol and drug 2 3 testing. 2 4 f. A strategy that governs drug court responses to 2 5 participants' compliance with treatment programs. 2 6 g. Ongoing judicial interaction with all participants in the 2 7 drug court services. 2 8 h. Monitoring and evaluation of participants and treatment 2 9 programs to measure the achievement of treatment goals and 2 10 gauge treatment effectiveness. 2 11 i. Continuing interdisciplinary education to promote 2 12 effective drug court planning and operations. 2 13 j. Forming of partnerships among drug treatment courts, 2 14 public agencies, and community=based organizations that enhance 2 15 drug court effectiveness. 2 16 3. The jurisdiction of the drug court may be exercised by 2 17 any district judge and by any district associate judge who is 2 18 designated by the chief judge of a judicial district as a judge 2 19 of the drug court. 2 20 4. The chief judge shall designate one or more district 2 21 judges and district associate judges to act as judges of the 2 22 drug court for a judicial district. The chief judge may 2 23 designate a drug court judge to preside in more than one 2 24 county. 2 25 5. The designation of a judge as a drug court judge does not 2 26 deprive the judge of other judicial functions. Any district 2 27 judge may act as a drug court judge during the absence or 2 28 inability to act, or upon the request, of the designated drug 2 29 court judge. 2 30 6. The supreme court shall prescribe rules to establish the 2 31 jurisdiction of the drug court and for the administration of 2 32 the drug court in this state. 2 33 Sec. 3. NEW SECTION. 602.6802 Standing appropriation == 2 34 drug court. 2 35 1. There is appropriated from the general fund of the state 3 1 to the judicial branch each fiscal year beginning July 1, 2017, 3 2 and thereafter, the sum of two million nine hundred thousand 3 3 dollars for costs associated with drug courts as established in 3 4 section 602.6801. 3 5 2. There is appropriated from the general fund of the state 3 6 to the department of corrections each fiscal year beginning 3 7 July 1, 2017, and thereafter, the sum of one million eight 3 8 hundred thousand dollars for costs associated with drug courts 3 9 as established in section 602.6801. 3 10 EXPLANATION 3 11 The inclusion of this explanation does not constitute agreement with 3 12 the explanation's substance by the members of the general assembly. 3 13 This bill establishes a drug court in each judicial district 3 14 to serve alcohol or drug addicted offenders and to integrate 3 15 court sanctions and incentives with alcohol and drug abuse 3 16 treatment. 3 17 The drug court is required to integrate justice system 3 18 case processing with alcohol and drug treatment, to use 3 19 a nonadversarial approach in proceedings, and to provide 3 20 early and prompt identification and placement of eligible 3 21 participants in the treatment programs. The drug court is also 3 22 required to establish ongoing interaction with each offender, 3 23 to coordinate treatment and rehabilitation services, and to 3 24 monitor and evaluate treatment. 3 25 The drug court is required to continue interdisciplinary 3 26 education to promote effective drug court planning and 3 27 operation, and to form partnerships among drug courts, public 3 28 agencies, and community=based organizations. 3 29 The bill provides that the jurisdiction of the drug court 3 30 may be exercised by any district judge and by any district 3 31 associate judge who is designated by the chief judge of a 3 32 judicial district as a judge of the drug court and requires 3 33 that the chief judge designate one or more of the district 3 34 judges and district associate judges to act as judges of the 3 35 drug court for a judicial district. The chief judge of a 4 1 district may designate a drug court judge to preside in more 4 2 than one county. 4 3 The supreme court is required to prescribe rules to 4 4 establish the jurisdiction of the drug court and for the 4 5 administration of the drug court in this state. 4 6 The bill further provides a standing appropriation of 4 7 $2.9 million to the judicial branch and $1.8 million to the 4 8 department of corrections each fiscal year for costs associated 4 9 with drug courts. LSB 1421YH (6) 87 ec/rj
