05 LC 29
1745S
House
Bill 254 (COMMITTEE SUBSTITUTE)
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
felony and misdemeanor 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.
(2)
In any case 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 court may
assign the case to the drug court division:
(A)
Prior to the entry of the sentence, if the prosecuting attorney
consents;
(B)
As part of a sentence in a case; or
(C)
Upon consideration of a petition to revoke probation.
(3)
Each drug court division shall adopt policies and procedures consistent with the
Standards of Drug Courts adopted by the Judicial Council of Georgia, 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.
(4)
Each drug court division shall have the same jurisdiction as the court that
established the drug court division. The court instituting the drug court
division may designate one or more judges to sit as judges of the drug court
division. In addition, the court may designate one or more judges to sit as
judges of the drug court division on a standby basis. The court instituting the
drug court division shall 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.
(5)
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.
(6)
The clerk of the court instituting the drug court division or such
clerḱs
designee shall serve as the clerk of the drug court division.
(7)
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.
(8)
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.
(9)
Expenses for salaries, equipment, services, and supplies incurred in
implementing this Code section shall be paid from state funds 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 judge of the drug court
division. Any plea of guilty or nolo contendere entered pursuant to this Code
section may not be withdrawn without the consent of the court.
(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.
(f)
The court may have the authority to accept grants and donations and other
proceeds from outside sources for the purpose of supporting the drug court
division. Any such grants, donations, or proceeds shall be retained by the drug
court division for
expenses."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.