(1) "Assessment" means a diagnostic evaluation to determine whether and to what extent a person is a drug offender under this article and would benefit from its provisions. The assessment shall be conducted in accordance with the standards, procedures, and diagnostic criteria designed to provide effective and cost-beneficial use of available resources.
(2) "Continuum of care" means a seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency.
(3) "Controlled substance" means a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession
(4) "Drug" means a controlled substance, an illegal drug, or other harmful substance.
(5) "Drug court" means a judicial intervention process that incorporates the Ten Key Components and may include pre-adjudication or post-adjudication participation.
(6) "Drug court team" may consist of the following members who are assigned to the drug court:
(A) The drug court judge, which may include a magistrate, mental hygiene commissioner, or other hearing officer;
(B) The prosecutor;
(C) The public defender or member of the criminal defense bar;
(D) A representative from the day report center or community corrections program, if operating in the jurisdiction;
(E) A law-enforcement officer;
(F) The drug court coordinator;
(G) A representative from a circuit court probation office or the division of parole supervision or both;
(H) One or more substance abuse treatment providers; and
(I) Any other persons selected by the drug court team.
(7) "Drug offender" means an adult person charged with a drug-related offense or an offense in which substance abuse is determined from the evidence to have been a factor in the commission of the offense.
(8) "Dual Diagnosis" means a substance abuse and co-occurring mental health disorder.
(9) "Local advisory committee" may consist of the following members or their designees:
(A) Drug court circuit judge, who shall serve as chair;
(B) Drug court magistrate(s);
(D) Public defender;
(E) Drug court coordinator;
(F) Criminal defense bar;
(G) Circuit clerk;
(H) Day report center director;
(I) Circuit court probation officer, parole officer or both;
(J) Law enforcement;
(K) One or more substance abuse treatment providers;
(L) Corrections representative; and
(M) Such other person or persons the chair deems appropriate.
(10) "Illegal drug" means a drug whose manufacture, sale, use or possession is forbidden by law;
(11) "Memorandum of Understanding" means a written document setting forth an agreed upon procedure.
(12) "Offender" means an adult charged with a criminal offense punishable by incarceration.
(13) "Other harmful substance" means a misused substance otherwise legal to possess, including alcohol.
(14) "Pre-adjudication" means a court order requiring a drug offender to participate in drug court before charges are filed or before conviction.
(15) "Post-adjudication" means a court order requiring a drug offender to participate in drug court after having entered a plea of guilty or nolo contendre or having been found guilty.
(16) "Recidivism" means any subsequent arrest for a serious offense (carrying a sentence of at least one year) resulting in the filing of a charge.
(17) "Relapse" means a return to substance use after a period of abstinence.
(18) "Split sentencing" means a sentence which includes a period of incarceration followed by a period of supervision.
(19) "Staffing" means the meeting before a drug offender's appearance in drug court in which the drug court team discusses a coordinated response to the drug offender's behavior.
(20) "Substance" means drug.
(21) "Substance abuse" means the illegal or improper consumption of a drug.
(22) "Substance abuse treatment" means a program designed to provide prevention, education, and therapy directed toward ending substance abuse and preventing a return to substance usage.
(23) "Ten Key Components" means the following benchmarks intended to describe the very best practices, designs, and operations of drug courts. These benchmarks are meant to serve as a practical, yet flexible framework for developing effective drug courts in vastly different jurisdictions and to provide a structure for conducting research and evaluation for program accountability:
(A) Drug courts integrate alcohol and other drug treatment services with justice system case processing;
(B) Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights;
(C) Eligible participants are identified early and promptly placed in the drug court program;
(D) Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services;
(E) Abstinence is monitored by frequent alcohol and other drug testing;
(F) A coordinated strategy governs drug court responses to participants' compliance;
(G) Ongoing judicial interaction with each drug court participant is essential;
(H) Monitoring and evaluation measure the achievement of program goals and gauge effectiveness;
(I) Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations; and
(J) Forging partnerships among drug courts, public agencies and community-based organizations generates local support and enhances drug court effectiveness.
(1) Enhancing community safety and quality of life for citizens;
(2) Reducing recidivism;
(3) Reducing substance abuse;
(4) Increasing the personal, familial, and societal accountability of drug offenders;
(5) Restoring drug offenders to productive, law-abiding, and taxpaying citizens;
(6) Promoting effective interaction and use of resources among criminal justice and community agencies;
(7) Reducing the costs of incarceration; and
(8) Improving the efficiency of the criminal justice system by enacting an effective methodology.
(b) The structure, method, and operation of each drug court program may differ and should be based upon the specific needs of and resources available to the judicial circuit or circuits where the drug court program is located.
(c) A drug court program may be preadjudication or post- adjudication for an adult offender.
(d) Participation in drug court, with the consent of the prosecution and the court, shall be pursuant to a written agreement.
(e) A drug court may grant reasonable incentives under the written agreement if it finds that the drug offender:
(1) Is performing satisfactorily in drug court;
(2) Is benefitting from education, treatment and rehabilitation;
(3) Has not engaged in criminal conduct; or
(4) Has not violated the terms and conditions of the agreement.
(f) A drug court may impose reasonable sanctions on the drug offender, including incarceration for the underlying offense or expulsion from the program, pursuant to the written agreement, if it finds that the drug offender:
(1) Is not performing satisfactorily in drug court;
(2) Is not benefitting from education, treatment or rehabilitation;
(3) Has engaged in conduct rendering him or her unsuitable for the program;
(4) Has otherwise violated the terms and conditions of the agreement; or
(5) Is for any reason unable to participate.
(g) Upon successful completion of drug court, a drug offender's case shall be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug court. This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.
(h) Drug court shall include the Ten Key Components and the drug court team shall act to ensure compliance with them.
(i) Nothing contained in this article confers a right or an expectation of a right to participate in a drug court nor does it obligate a drug court to accept every drug offender.
(j) Neither the establishment of a drug court nor anything herein may be construed as limiting the discretion of the jurisdiction's prosecutor to act on any criminal case which he or she deems advisable to prosecute.
(k) Each drug court judge may establish rules and may make special orders as necessary that do not conflict with rules and orders promulgated by the Supreme Court of Appeals which has administrative authority over the courts. The Supreme Court of Appeals shall provide uniform referral, procedure and order forms that shall be used in all drug courts in this state.
(b) The drug court team shall, when practicable, conduct a staffing prior to each drug court session to discuss and provide updated information regarding drug offenders. After determining their progress or lack thereof, the drug court team shall recommend the appropriate incentive or sanction to be applied. If the drug court team cannot agree on the appropriate action, the court shall make the decision based on information presented in the staffing.
(1) The underlying offense involves a felony crime of violence, unless there is a specific treatment program available designed to address violent offenders;
(2) The underlying offense involves an offense that requires registration as a sex offender pursuant to the article twelve, chapter fifteen of this Code;
(3) The drug offender has a prior felony conviction in this state or another state for a felony crime of violence; or
(4) The drug offender has a prior conviction in this state or another state for a crime that requires registration as a sex offender pursuant to article twelve, chapter fifteen of this Code.
(b) Eligible offenses may be further restricted by the rules of a specific drug court program.
(c) Nothing in this section shall require a drug court judge to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the program.
(b) A drug court making a referral for substance abuse treatment shall refer the drug offender to a program that is licensed, certified, or approved by the court.
(c) The court shall determine which treatment programs are authorized to provide the recommended treatment to drug offenders. The relationship between the treatment program and the court should be governed by a Memorandum of Understanding, which should include the timely reporting of the drug offender's progress or lack thereof to the drug court.
(d)It is essential to provide offenders with adequate support services and aftercare.
(e) Recognizing that drug offenders are frequently dually diagnosed, appropriate services should be made available, where practicable.
(f) Recognizing that the longer a drug offender stays in treatment, the better the outcome, the length of stay in treatment should be determined by the drug court team based on individual needs and accepted practices: Provided, That drug court participation shall not be less than one year duration.
(b) The drug offender shall be ordered to submit to frequent, random, and observed drug testing to monitor abstinence.
(c) Anyone in receipt of drug test results shall maintain the information in compliance with the requirements of federal and state confidentially laws.
(b) The administering drug court judge in each drug court's jurisdiction shall appoint a local advisory committee. The advisory committee shall ensure quality, efficiency, and fairness in planning, implementing, and operating drug courts that serve the jurisdiction, and the provision of a full continuum of care for drug offenders.
(c) The local advisory committee shall annually report to the Supreme Court of Appeal's administrative director, or designee, by the thirty-first day of December of each year. The report shall include:
(1) A description of all drug courts operating within the jurisdiction;
(2) Participating judges and magistrates if applicable;
(3) Community involvement;
(4) Education and training;
(5) Use of existing resources;
(6) Collaborative efforts; and
(7) An evaluation of the critical data elements required by subsection (a), section ten of this article.
(1) Prior criminal history;
(2) Prior substance abuse treatment history, including information on the drug offender's success or failure in those programs;
(3) Employment, education, and income histories;
(4) Gender, race, ethnicity, marital and family status, and any child custody and support obligations;
(5) The number of babies, both addicted and healthy, born to female drug offenders during participation in drug court;
(6) Instances of relapse occurring during participation in drug court;
(7) Instances of recidivism occurring during and after participation in drug court. Recidivism shall be measured at intervals of six months, one year, two years, and five years after successful graduation from drug court;
(8) The number of offenders screened for eligibility, the number of eligible drug offenders who were and were not admitted and their case dispositions;
(9) The drug of choice and the estimated daily financial cost to the drug offender at the time of entry into the program; and
(10) The costs of operation and sources of funding.
(b) A drug offender may be required as a condition of pretrial diversion, probation, or parole to provide the information described in this section. The collection and maintenance of information under this section shall be collected in a standardized format according to applicable guidelines set forth by the Supreme Court of Appeals.
(c) To protect drug offenders' privacy in accordance with federal and state confidentiality laws, treatment records must be kept in a secure environment, separated from the court records to which the public has access.
(b) Nothing in this article shall prohibit local advisory committees or drug court teams from obtaining supplemental funds or exploring grants to support drug courts.
(c) Nothing in this article shall be construed to supplant funds currently utilized for drug courts.
(b) Any qualified person who obtains, in a medically accepted manner, a specimen of breath, blood, urine, or other bodily substance pursuant to any provision of this article shall not be liable in any civil action.
Note: WV Code updated with legislation passed through the 2012 1st Special Session