House File 215 - IntroducedA Bill ForAn Act 1establishing a drug court in each judicial district and
2making appropriations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 602.6306, subsection 2, Code 2019, is
2amended to read as follows:
   32.  District associate judges also have jurisdiction
4in civil actions for money judgment where the amount in
5controversy does not exceed ten thousand dollars; jurisdiction
6over involuntary commitment, treatment, or hospitalization
7proceedings under chapters 125 and 229; jurisdiction of
8indictable misdemeanors, class “D” felony violations, and
9other felony arraignments; jurisdiction to enter a temporary
10or emergency order of protection under chapter 235F or 236,
11and to make court appointments and set hearings in criminal
12matters; jurisdiction to enter orders in probate which do not
13require notice and hearing and to set hearings in actions under
14chapter 633 or 633A; and the jurisdiction provided in section
15602.7101 when designated as a judge of the juvenile court; and
16the jurisdiction provided in section 602.6801 when designated
17as a judge of the drug court
. While presiding in these subject
18matters a district associate judge shall employ district
19judges’ practice and procedure.
20   Sec. 2.  NEW SECTION.  602.6801  Drug court.
   211.  A drug court is established in each judicial district
22to provide court services to offenders addicted to alcohol or
23drugs and to integrate court sanctions and incentives with
24alcohol and drug abuse treatment and counseling in a judicially
25supervised court setting.
   262.  The drug court shall incorporate all of the following
27essential characteristics into its operations and proceedings:
   28a.  Integration of justice system case processing with
29alcohol and drug abuse treatment.
   30b.  Use of a nonadversarial approach, whereby prosecution
31and defense counsel promote public safety while protecting
32participants’ due process rights.
   33c.  Early and prompt identification and coordinated placement
34of eligible participants in treatment programs.
   35d.  Coordination of access to a continuum of alcohol, drug,
-1-1and related treatment and rehabilitation services.
   2e.  Monitoring of abstinence by frequent alcohol and drug
3testing.
   4f.  A strategy that governs drug court responses to
5participants’ compliance with treatment programs.
   6g.  Ongoing judicial interaction with all participants in the
7drug court services.
   8h.  Monitoring and evaluation of participants and treatment
9programs to measure the achievement of treatment goals and
10gauge treatment effectiveness.
   11i.  Continuing interdisciplinary education to promote
12effective drug court planning and operations.
   13j.  Forming of partnerships among drug treatment courts,
14public agencies, and community-based organizations that enhance
15drug court effectiveness.
   163.  The jurisdiction of the drug court may be exercised by
17any district judge and by any district associate judge who is
18designated by the chief judge of a judicial district as a judge
19of the drug court.
   204.  The chief judge shall designate one or more district
21judges and district associate judges to act as judges of the
22drug court for a judicial district. The chief judge may
23designate a drug court judge to preside in more than one
24county.
   255.  The designation of a judge as a drug court judge does not
26deprive the judge of other judicial functions. Any district
27judge may act as a drug court judge during the absence or
28inability to act, or upon the request, of the designated drug
29court judge.
   306.  The supreme court shall prescribe rules to establish the
31jurisdiction of the drug court and for the administration of
32the drug court in this state.
33   Sec. 3.  NEW SECTION.  602.6802  Standing appropriation —
34drug court.
   351.  There is appropriated from the general fund of the state
-2-1to the judicial branch each fiscal year beginning July 1, 2019,
2and thereafter, the sum of two million nine hundred thousand
3dollars for costs associated with drug courts as established in
4section 602.6801.
   52.  There is appropriated from the general fund of the state
6to the department of corrections each fiscal year beginning
7July 1, 2019, and thereafter, the sum of one million eight
8hundred thousand dollars for costs associated with drug courts
9as established in section 602.6801.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
   13This bill establishes a drug court in each judicial district
14to serve alcohol or drug addicted offenders and to integrate
15court sanctions and incentives with alcohol and drug abuse
16treatment.
   17The drug court is required to integrate justice system
18case processing with alcohol and drug treatment, to use
19a nonadversarial approach in proceedings, and to provide
20early and prompt identification and placement of eligible
21participants in the treatment programs. The drug court is also
22required to establish ongoing interaction with each offender,
23to coordinate treatment and rehabilitation services, and to
24monitor and evaluate treatment.
   25The drug court is required to continue interdisciplinary
26education to promote effective drug court planning and
27operation, and to form partnerships among drug courts, public
28agencies, and community-based organizations.
   29The bill provides that the jurisdiction of the drug court
30may be exercised by any district judge and by any district
31associate judge who is designated by the chief judge of a
32judicial district as a judge of the drug court and requires
33that the chief judge designate one or more of the district
34judges and district associate judges to act as judges of the
35drug court for a judicial district. The chief judge of a
-3-1district may designate a drug court judge to preside in more
2than one county.
   3The supreme court is required to prescribe rules to
4establish the jurisdiction of the drug court and for the
5administration of the drug court in this state.
   6The bill further provides a standing appropriation of
7$2.9 million to the judicial branch and $1.8 million to the
8department of corrections each fiscal year for costs associated
9with drug courts.
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mo/jh