HF 215 (LSB 1699YH (3) 88)

HOUSE FILE 215

BY  ISENHART

A BILL FOR

An Act establishing a drug court in each judicial district and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 602.6306, subsection 2, Code 2019, is amended to read as follows:
   2.  District associate judges also have jurisdiction in civil actions for money judgment where the amount in controversy does not exceed ten thousand dollars; jurisdiction over involuntary commitment, treatment, or hospitalization proceedings under chapters 125 and 229; jurisdiction of indictable misdemeanors, class “D” felony violations, and other felony arraignments; jurisdiction to enter a temporary or emergency order of protection under chapter 235F or 236, and to make court appointments and set hearings in criminal matters; jurisdiction to enter orders in probate which do not require notice and hearing and to set hearings in actions under chapter 633 or 633A; and the jurisdiction provided in section 602.7101 when designated as a judge of the juvenile court; and the jurisdiction provided in section 602.6801 when designated as a judge of the drug court. While presiding in these subject matters a district associate judge shall employ district judges’ practice and procedure.
    Sec. 2.  NEW SECTION.  602.6801  Drug court.
   1.  A drug court is established in each judicial district to provide court services to offenders addicted to alcohol or drugs and to integrate court sanctions and incentives with alcohol and drug abuse treatment and counseling in a judicially supervised court setting.
   2.  The drug court shall incorporate all of the following essential characteristics into its operations and proceedings:
   a.  Integration of justice system case processing with alcohol and drug abuse treatment.
   b.  Use of a nonadversarial approach, whereby prosecution and defense counsel promote public safety while protecting participants’ due process rights.
   c.  Early and prompt identification and coordinated placement of eligible participants in treatment programs.
   d.  Coordination of access to a continuum of alcohol, drug, and related treatment and rehabilitation services.
   e.  Monitoring of abstinence by frequent alcohol and drug testing.
   f.  A strategy that governs drug court responses to participants’ compliance with treatment programs.
   g.  Ongoing judicial interaction with all participants in the drug court services.
   h.  Monitoring and evaluation of participants and treatment programs to measure the achievement of treatment goals and gauge treatment effectiveness.
   i.  Continuing interdisciplinary education to promote effective drug court planning and operations.
   j.  Forming of partnerships among drug treatment courts, public agencies, and community-based organizations that enhance drug court effectiveness.
   3.  The jurisdiction of the drug court may be exercised by any district judge and by any district associate judge who is designated by the chief judge of a judicial district as a judge of the drug court.
   4.  The chief judge shall designate one or more district judges and district associate judges to act as judges of the drug court for a judicial district. The chief judge may designate a drug court judge to preside in more than one county.
   5.  The designation of a judge as a drug court judge does not deprive the judge of other judicial functions. Any district judge may act as a drug court judge during the absence or inability to act, or upon the request, of the designated drug court judge.
   6.  The supreme court shall prescribe rules to establish the jurisdiction of the drug court and for the administration of the drug court in this state.
    Sec. 3.  NEW SECTION.  602.6802  Standing appropriation —— drug court.
   1.  There is appropriated from the general fund of the state to the judicial branch each fiscal year beginning July 1, 2019, and thereafter, the sum of two million nine hundred thousand dollars for costs associated with drug courts as established in section 602.6801.
   2.  There is appropriated from the general fund of the state to the department of corrections each fiscal year beginning July 1, 2019, and thereafter, the sum of one million eight hundred thousand dollars for costs associated with drug courts as established in section 602.6801.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes a drug court in each judicial district to serve alcohol or drug addicted offenders and to integrate court sanctions and incentives with alcohol and drug abuse treatment.
   The drug court is required to integrate justice system case processing with alcohol and drug treatment, to use a nonadversarial approach in proceedings, and to provide early and prompt identification and placement of eligible participants in the treatment programs. The drug court is also required to establish ongoing interaction with each offender, to coordinate treatment and rehabilitation services, and to monitor and evaluate treatment.
   The drug court is required to continue interdisciplinary education to promote effective drug court planning and operation, and to form partnerships among drug courts, public agencies, and community-based organizations.
   The bill provides that the jurisdiction of the drug court may be exercised by any district judge and by any district associate judge who is designated by the chief judge of a judicial district as a judge of the drug court and requires that the chief judge designate one or more of the district judges and district associate judges to act as judges of the drug court for a judicial district. The chief judge of a district may designate a drug court judge to preside in more than one county.
   The supreme court is required to prescribe rules to establish the jurisdiction of the drug court and for the administration of the drug court in this state.
   The bill further provides a standing appropriation of $2.9 million to the judicial branch and $1.8 million to the department of corrections each fiscal year for costs associated with drug courts.