Bill Text: VA HB292 | 2024 | Regular Session | Chaptered
Bill Title: Drug Treatment Court Act; renames the Act as the Recovery Court Act.
Spectrum: Slight Partisan Bill (Republican 9-4)
Status: (Passed) 2024-03-08 - Governor: Acts of Assembly Chapter text (CHAP0025) [HB292 Detail]
Download: Virginia-2024-HB292-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-251.02 and 18.2-254.1 of the Code of Virginia are amended and reenacted as follows:
§18.2-251.02. Drug Offender Assessment and Treatment Fund.
There is hereby established in the state treasury the Drug
Offender Assessment and Treatment Fund, which shall consist of moneys received
from fees imposed on certain drug offense convictions pursuant to §
16.1-69.48:3 and subdivisions A 10 and 11 of §17.1-275. All interest derived
from the deposit and investment of moneys in the Fund shall be credited to the
Fund. Any moneys not appropriated by the General Assembly shall remain in the
Drug Offender Assessment and Treatment Fund and shall not be transferred or
revert to the general fund at the end of any fiscal year. All moneys in the
Fund shall be subject to annual appropriation by the General Assembly to the
Department of Corrections, the Department of Juvenile Justice, and the
Commission on VASAP to implement and operate the offender substance abuse
screening and assessment program; the Department of Criminal Justice Services
for the support of community-based probation and local pretrial services
agencies; and the Office of the Executive Secretary of the Supreme Court of
Virginia for the support of drug treatment recovery court
programs.
§18.2-254.1. Recovery Court Act.
A. This section shall be known and may be cited as the
"Drug Treatment "Recovery Court Act."
B. The General Assembly recognizes that there is a critical
need in the Commonwealth for effective treatment programs that reduce the
incidence of drug use, drug addiction, family separation due to parental
substance abuse, and drug-related crimes. It is the intent of the General
Assembly by this section to enhance public safety by facilitating the creation
of drug treatment recovery courts as means by which to accomplish
this purpose.
C. The goals of drug treatment recovery courts
include: (i) reducing drug addiction and drug dependency among offenders; (ii)
reducing recidivism; (iii) reducing drug-related court workloads; (iv)
increasing personal, familial and societal accountability among offenders; and,
(v) promoting effective planning and use of resources among the criminal
justice system and community agencies.
D. Drug treatment Recovery courts are
specialized court dockets within the existing structure of Virginia's court
system offering judicial monitoring of intensive treatment and strict
supervision of addicts in drug and drug-related cases. Local officials must
complete a recognized planning process before establishing a drug treatment
recovery court program.
E. Administrative oversight for implementation of the Drug
Treatment Recovery Court Act shall be conducted by the Supreme Court
of Virginia. The Supreme Court of Virginia shall be responsible for (i)
providing oversight for the distribution of funds for drug treatment
recovery courts; (ii) providing technical assistance to drug treatment
recovery courts; (iii) providing training for judges who preside over
drug treatment recovery courts; (iv) providing training to the
providers of administrative, case management, and treatment services to drug
treatment recovery courts; and (v) monitoring the completion of
evaluations of the effectiveness and efficiency of drug treatment
recovery courts in the Commonwealth.
F. A The state drug treatment court advisory
committee Recovery Court Advisory Committee shall be established to
(i) evaluate and recommend standards for the planning and implementation of
drug treatment recovery courts; (ii) assist in the evaluation of
their effectiveness and efficiency; and (iii) encourage and enhance cooperation
among agencies that participate in their planning and implementation. The
committee shall be chaired by the Chief Justice of the Supreme Court of
Virginia or his designee and shall include a member of the Judicial Conference
of Virginia who presides over a drug treatment recovery court; a
district court judge; the Executive Secretary or his designee; the directors of
the following executive branch agencies: Department of Corrections, Department
of Criminal Justice Services, Department of Juvenile Justice, Department of
Behavioral Health and Developmental Services, Department of Social Services; a
representative of the following entities: a local community-based probation and
pretrial services agency, the Commonwealth's Attorney's Association, the
Virginia Indigent Defense Commission, the Circuit Court Clerk's Association,
the Virginia Sheriff's Association, the Virginia Association of Chiefs of
Police, the Commission on VASAP, and two representatives designated by the
Virginia Drug Court Association.
G. Each jurisdiction or combination of jurisdictions that
intend to establish a drug treatment recovery court or continue
the operation of an existing one shall establish a local drug treatment
recovery court advisory committee. Jurisdictions that establish separate
adult and juvenile drug treatment recovery courts may establish
an advisory committee for each such court. Each advisory committee shall ensure
quality, efficiency, and fairness in the planning, implementation, and
operation of the drug treatment recovery court or courts that
serve the jurisdiction or combination of jurisdictions. Advisory committee
membership shall include, but shall not be limited to the following people or
their designees: (i) the drug treatment recovery court judge;
(ii) the attorney for the Commonwealth, or, where applicable, the city or
county attorney who has responsibility for the prosecution of misdemeanor
offenses; (iii) the public defender or a member of the local criminal defense
bar in jurisdictions in which there is no public defender; (iv) the clerk of
the court in which the drug treatment recovery court is located;
(v) a representative of the Virginia Department of Corrections, or the
Department of Juvenile Justice, or both, from the local office which serves the
jurisdiction or combination of jurisdictions; (vi) a representative of a local
community-based probation and pretrial services agency; (vii) a local
law-enforcement officer; (viii) a representative of the Department of
Behavioral Health and Developmental Services or a representative of local drug
treatment providers; (ix) the drug recovery court administrator;
(x) a representative of the Department of Social Services; (xi) county
administrator or city manager; and (xii) any other people selected by the
drug treatment recovery court advisory committee.
H. Each local drug treatment recovery court
advisory committee shall establish criteria for the eligibility and
participation of offenders who have been determined to be addicted to or
dependent upon drugs. Subject to the provisions of this section, neither the
establishment of a drug treatment recovery court nor anything
herein shall be construed as limiting the discretion of the attorney for the
Commonwealth to prosecute any criminal case arising therein which he deems
advisable to prosecute, except to the extent the participating attorney for the
Commonwealth agrees to do so. As defined in §17.1-805 or 19.2-297.1, adult
offenders who have been convicted of a violent criminal offense within the
preceding 10 years, or juvenile offenders who previously have been adjudicated
not innocent of any such offense within the preceding 10 years, shall not be
eligible for participation in any drug treatment recovery court
established or continued in operation pursuant to this section.
I. Each drug treatment recovery court advisory
committee shall establish policies and procedures for the operation of the
court to attain the following goals: (i) effective integration of drug and
alcohol treatment services with criminal justice system case processing; (ii)
enhanced public safety through intensive offender supervision and drug
treatment; (iii) prompt identification and placement of eligible participants;
(iv) efficient access to a continuum of alcohol, drug, and related treatment
and rehabilitation services; (v) verified participant abstinence through
frequent alcohol and other drug testing; (vi) prompt response to participants'
noncompliance with program requirements through a coordinated strategy; (vii)
ongoing judicial interaction with each drug recovery court
participant; (viii) ongoing monitoring and evaluation of program effectiveness
and efficiency; (ix) ongoing interdisciplinary education and training in
support of program effectiveness and efficiency; and (x) ongoing collaboration
among drug treatment recovery courts, public agencies, and
community-based organizations to enhance program effectiveness and efficiency.
J. Participation by an offender in a drug treatment
recovery court shall be voluntary and made pursuant only to a written
agreement entered into by and between the offender and the Commonwealth with
the concurrence of the court.
K. Nothing in this section shall preclude the establishment of substance abuse treatment programs and services pursuant to the deferred judgment provisions of §18.2-251.
L. Each offender shall contribute to the cost of the substance
abuse treatment he receives while participating in a drug treatment
recovery court pursuant to guidelines developed by the drug treatment
recovery court advisory committee.
M. Nothing contained in this section shall confer a right or
an expectation of a right to treatment for an offender or be construed as
requiring a local drug treatment recovery court advisory
committee to accept for participation every offender.
N. The Office of the Executive Secretary shall, with the
assistance of the state drug treatment court advisory committee
Recovery Court Advisory Committee, develop a statewide evaluation model and
conduct ongoing evaluations of the effectiveness and efficiency of all local
drug treatment recovery courts. A report of these evaluations shall
be submitted to the General Assembly by December 1 of each year. Each local
drug treatment recovery court advisory committee shall submit
evaluative reports to the Office of the Executive Secretary as requested.
O. Notwithstanding any other provision of this section, no
drug treatment recovery court shall be established subsequent to
March 1, 2004, unless the jurisdiction or jurisdictions intending or proposing
to establish such court have been specifically granted permission under the
Code of Virginia to establish such court. The provisions of this subsection
shall not apply to any drug treatment recovery court established
on or before March 1, 2004, and operational as of July 1, 2004.
P. Subject to the requirements and conditions established by
the state Drug Treatment Recovery Court Advisory Committee, there
shall be established a drug treatment recovery court in the
following jurisdictions: the City of Chesapeake and the City of Newport News.
Q. Subject to the requirements and conditions established by
the state Drug Treatment Recovery Court Advisory Committee, there
shall be established a drug treatment recovery court in the
Juvenile and Domestic Relations District Court for the County of Franklin,
provided that such court is funded solely through local sources.
R. Subject to the requirements and conditions established by
the state Drug Treatment Recovery Court Advisory Committee, there
shall be established a drug treatment recovery court in the City
of Bristol and the County of Tazewell, provided that the court is funded within
existing state and local appropriations.
2. That the Supreme Court of Virginia shall rename the state Drug Treatment Court Advisory Committee as the state Recovery Court Advisory Committee. Any requirements and conditions established by the state Drug Treatment Court Advisory Committee shall continue to exist under the state Recovery Court Advisory Committee.
