05 LC 29
1639
House
Bill 254
By:
Representatives Knox of the
24th,
Keen of the
179th,
Ralston of the
7th,
and Ehrhart of the
36th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating
to general provisions of courts, so as to authorize the establishment of drugs
courts divisions within certain courts; to provide for assignment of certain
cases to a drug court division; to provide for jurisdiction; to provide for
judges and their appointment, designation, and terms; to provide for district
attorneys, public defenders, a clerk, probation officers, and other employees;
to authorize agreements with other courts and agencies for the assignment of
personnel to such court; to authorize judges to complete a planned program of
instruction; to provide for powers and duties of the drug court division; to
provide for expenses; to provide for admissibility of certain matters in certain
proceedings; to provide for access to certain information and confidentiality;
to provide for costs; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 15 of the Official Code of Georgia Annotated, relating to general
provisions of courts, is amended by adding a new Code section to the end of the
chapter to read as follows:
"15-1-15.
(a)(1)
Any court that has jurisdiction over any criminal case which arises from the
use, sale, possession, delivery, distribution, purchase, or manufacture of a
controlled substance, noncontrolled substance, dangerous drug, or other drug may
establish a drug court division to provide an alternative to the traditional
judicial system for disposition of such cases. When a case is filed which arises
from the use, sale, possession, delivery, distribution, purchase, or manufacture
of a controlled substance, noncontrolled substance, dangerous drug, or other
drug or is ancillary to such conduct, the chief judge of the court instituting
the drug court division or an intake case manager designated by such chief judge
may assign the case to the drug court division. Each drug court division shall
establish conditions, protocol, and rules for referral of such cases to the drug
court. The drug court division shall combine judicial supervision, treatment of
drug court division participants, and drug testing.
(2)
Each drug court division shall have the same jurisdiction as the court that
established the drug court division. Each court shall have the powers, rules of
practice and procedure, and selection, qualifications, and terms of judges of
the court in which the drug court originates and as duly adopted by the specific
drug court division. The chief judge of the court instituting the drug court
division may designate one or more judges to sit as judges of the drug court
division for terms of up to two years. In addition, the chief judge may
designate one or more judges to sit as judges of the drug court division on a
standby basis for terms of up to two years. The chief judge of the court
instituting the drug court division may require the drug court judges to
complete a planned program of instruction in criminal law, substance abuse,
treatment alternatives, psychology, family dynamics, and working with diverse
populations.
(3)
The chief judge of the court instituting the drug court division may request the
prosecuting attorney for the jurisdiction to designate one or more prosecuting
attorneys to serve in the drug court division and may request the public
defender, if any, to designate one or more assistant public defenders to serve
in the drug court division.
(4)
The clerk of the court instituting the drug court division or such
clerḱs
designee shall serve as the clerk of the drug court division.
(5)
The chief judge of the court instituting the drug court shall designate
probation officers and other employees of the court to perform duties for the
drug court division. Such employees shall perform duties as directed by the
judges of the drug court division.
(6)
The chief judge of the court instituting the drug court may enter into
agreements with other courts and agencies for the assignment of personnel from
other courts and agencies to the drug court division.
(7)
Expenses for salaries, equipment, and supplies incurred in implementing this
Code section shall be paid from state funds appropriated for such purpose and
from the funds of the county or political subdivision implementing such drug
court division.
(b)
Upon the successful completion of the drug court division program, the case
against the drug court division participant may be dismissed or reduced or the
sentence of the drug court division participant may be reduced or modified.
Successful completion of the drug court division program by the drug court
division participant shall be determined by the of the judge of the drug court
division.
(c)
Any statement made by a drug court division participant as part of participation
in such court, or any report made by the staff of the court or program connected
to the court, regarding a
participant́s
substance usage shall not be admissible as evidence against the participant in
any legal proceeding or prosecution; provided, however, if the participant
violates the conditions of his or her participation in the program or is
terminated from the drug court division, the reasons for the violation or
termination may be considered in sanctioning, sentencing, or otherwise disposing
of the
participant́s
case.
(d)
Notwithstanding any provision of law to the contrary, drug court division staff
shall be provided, upon request, with access to all records relevant to the
treatment of the drug court division participant from any state or local
government agency. All such records and the contents thereof shall be treated as
confidential, shall not be disclosed to any person outside of the drug court
division, and shall not be subject to Article 4 of Chapter 18 of Title 50,
relating to open records, or subject to subpoena, discovery, or introduction
into evidence in any civil or criminal proceeding. Such records and the contents
thereof shall be maintained by the drug court division and originating court in
a confidential file not available to the public.
(e)
Any fees received by a drug court division from a drug court division
participant as payment for substance abuse treatment and services shall not be
considered as court costs or a
fine."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.