DRUG COURT SUCCESSFUL TOOL

House Report By Rep. Danny Morgan

In keeping with my commitment to stay in touch during the time we are
not in session, I would like to highlight one of the many successful
bills passed this last session. I firmly believe that if we educate,
we won't have the great need to incarcerate in the future. Due to the
recent success of adult drug courts in reducing the recidivism of
drug offenders by using treatment and court intervention this session
the legislature passed HB 1405. This bill allows for the creation of
a juvenile drug court.

The law establishes guidelines to be used by courts when determining
a juvenile's participation in the program. The juvenile must not be
statutorily prohibited by previous criminal history, must have
parents who will actively support the participation of the juvenile
in the program, and the juvenile and parents must consent to
treatment as part of the program, including the possibility of
residential treatment.

The juvenile must also stipulate to the facts of the case which first
caught the attention of the authorities. Additionally, the district
attorney can object to the juvenile's participation in a drug court
program at the initial hearing.

Once accepted into the juvenile drug court program, the juvenile will
receive appropriate treatment as determined by the written plan of
treatment prepared by the treatment staff of the court. Participation
in a drug court program must last at least six months but not more
than two years and may include a period of supervision between six
months to one year following completion of the treatment portion of
the program.

All costs associated with the treatment of the juvenile are to be
paid by the juvenile and the persons responsible for the welfare of
the juvenile.

Upon successful completion of the drug court program, all charges
against the juvenile are dismissed.

I believe this is another tool our judges can use to help reduce
repeat offenses by our juveniles in non-violent crimes. It allows
them an alternative to jail time, where in many cases these offenders
come out of jail only to immediately offend again.

I have high expectations for the success of the legislation and look
forward to reporting more on it in the future.