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NARCOTIC NEWS
Drug Law in Virginia 18.2-254.1
Drug Law in Virginia 18.2-254.1
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Drug Treatment Court Act.
A. This section shall be known and may be cited as the "Drug Treatment Court
Act."
B. The General Assembly recognizes that there is a critical need in the
Commonwealth for effective treatment programs that reduce the incidence of
drug use, drug addiction, family separation due to parental substance abuse,
and drug-related crimes. It is the intent of the General Assembly by this section
to enhance public safety by facilitating the creation of drug treatment courts as
means by which to accomplish this purpose.
C. The goals of drug treatment courts include: (i) reducing drug addiction and
drug dependency among offenders; (ii) reducing recidivism; (iii) reducing
drug-related court workloads; (iv) increasing personal, familial and societal
accountability among offenders; and, (v) promoting effective planning and use
of resources among the criminal justice system and community agencies.
D. Drug treatment courts are specialized court dockets within the existing
structure of Virginia's court system offering judicial monitoring of intensive
treatment and strict supervision of addicts in drug and drug-related cases.
Local officials must complete a recognized planning process before
establishing a drug treatment court program.
E. Administrative oversight for implementation of the Drug Treatment Court Act
shall be conducted by the Supreme Court of Virginia. The Supreme Court of
Virginia shall be responsible for (i) providing oversight for the distribution of
funds for drug treatment courts; (ii) providing technical assistance to drug
treatment courts; (iii) providing training for judges who preside over drug
treatment courts; (iv) providing training to the providers of administrative, case
management, and treatment services to drug treatment courts; and (v)
monitoring the completion of evaluations of the effectiveness and efficiency of
drug treatment courts in the Commonwealth.
F. A state drug treatment court advisory committee shall be established to (i)
evaluate and recommend standards for the planning and implementation of
drug treatment courts; (ii) assist in the evaluation of their effectiveness and
efficiency; and (iii) encourage and enhance cooperation among agencies that
participate in their planning and implementation. The committee shall be
chaired by the Chief Justice of the Supreme Court of Virginia or his designee
and shall include a member of the Judicial Conference of Virginia who
presides over a drug treatment court; a district court judge; the Executive
Secretary or his designee; the directors of the following executive branch
agencies: Department of Corrections, Department of Criminal Justice Services,
Department of Juvenile Justice, Department of Mental Health, Mental
Retardation and Substance Abuse Services, Department of Social Services; a
representative of the following entities: a local community-based probation and
pretrial services agency, the Commonwealth's Attorney's Association, the
Virginia Indigent Defense Commission, the Circuit Court Clerk's Association,
the Virginia Sheriff's Association, the Virginia Association of Chiefs of Police,
the Commission on VASAP, and two representatives designated by the Virginia
Drug Court Association.
G. Each jurisdiction or combination of jurisdictions that intend to establish a
drug treatment court or continue the operation of an existing one shall establish
a local drug treatment court advisory committee. Jurisdictions that establish
separate adult and juvenile drug treatment courts may establish an advisory
committee for each such court. Each advisory committee shall ensure quality,
efficiency, and fairness in the planning, implementation, and operation of the
drug treatment court or courts that serve the jurisdiction or combination of
jurisdictions. Advisory committee membership shall include, but shall not be
limited to the following people or their designees: (i) the drug treatment court
judge; (ii) the attorney for the Commonwealth, or, where applicable, the city or
county attorney who has responsibility for the prosecution of misdemeanor
offenses; (iii) the public defender or a member of the local criminal defense bar
in jurisdictions in which there is no public defender; (iv) the clerk of the court in
which the drug treatment court is located; (v) a representative of the Virginia
Department of Corrections, or the Department of Juvenile Justice, or both, from
the local office which serves the jurisdiction or combination of jurisdictions; (vi)
a representative of a local community-based probation and pretrial services
agency; (vii) a local law-enforcement officer; (viii) a representative of the
Department of Mental Health, Mental Retardation, and Substance Abuse
Services or a representative of local drug treatment providers; (ix) the drug court
administrator; (x) a representative of the Department of Social Services; (xi)
county administrator or city manager; and (xii) any other people selected by the
drug treatment court advisory committee.
H. Each local drug treatment court advisory committee shall establish criteria
for the eligibility and participation of offenders who have been determined to be
addicted to or dependent upon drugs. Subject to the provisions of this section,
neither the establishment of a drug treatment court nor anything herein shall be
construed as limiting the discretion of the attorney for the Commonwealth to
prosecute any criminal case arising therein which he deems advisable to
prosecute, except to the extent the participating attorney for the Commonwealth
agrees to do so. As defined in § 17.1-805 or 19.2-297.1, adult offenders who
have been convicted of a violent criminal offense within the preceding 10 years,
or juvenile offenders who previously have been adjudicated not innocent of any
such offense within the preceding 10 years, shall not be eligible for
participation in any drug treatment court established or continued in operation
pursuant to this section.
I. Each drug treatment court advisory committee shall establish policies and
procedures for the operation of the court to attain the following goals: (i)
effective integration of drug and alcohol treatment services with criminal justice
system case processing; (ii) enhanced public safety through intensive offender
supervision and drug treatment; (iii) prompt identification and placement of
eligible participants; (iv) efficient access to a continuum of alcohol, drug, and
related treatment and rehabilitation services; (v) verified participant abstinence
through frequent alcohol and other drug testing; (vi) prompt response to
participants' noncompliance with program requirements through a coordinated
strategy; (vii) ongoing judicial interaction with each drug court participant; (viii)
ongoing monitoring and evaluation of program effectiveness and efficiency; (ix)
ongoing interdisciplinary education and training in support of program
effectiveness and efficiency; and (x) ongoing collaboration among drug
treatment courts, public agencies, and community-based organizations to
enhance program effectiveness and efficiency.
J. Participation by an offender in a drug treatment court shall be voluntary and
made pursuant only to a written agreement entered into by and between the
offender and the Commonwealth with the concurrence of the court.
K. Nothing in this section shall preclude the establishment of substance abuse
treatment programs and services pursuant to the deferred judgment provisions
of § 18.2-251.
L. Each offender shall contribute to the cost of the substance abuse treatment
he receives while participating in a drug treatment court pursuant to guidelines
developed by the drug treatment court advisory committee.
M. Nothing contained in this section shall confer a right or an expectation of a
right to treatment for an offender or be construed as requiring a local drug
treatment court advisory committee to accept for participation every offender.
N. The Office of the Executive Secretary shall, with the assistance of the state
drug treatment court advisory committee, develop a statewide evaluation model
and conduct ongoing evaluations of the effectiveness and efficiency of all local
drug treatment courts. A report of these evaluations shall be submitted to the
General Assembly by December 1 of each year. Each local drug treatment court
advisory committee shall submit evaluative reports to the Office of the Executive
Secretary as requested.
O. Notwithstanding any other provision of this section, no drug treatment court
shall be established subsequent to March 1, 2004, unless the jurisdiction or
jurisdictions intending or proposing to establish such court have been
specifically granted permission under the Code of Virginia to establish such
court. The provisions of this subsection shall not apply to any drug treatment
court established on or before March 1, 2004, and operational as of July 1,
2004.
P. Subject to the requirements and conditions established by the state Drug
Treatment Court Advisory Committee, there shall be established a drug
treatment court in the following jurisdictions: the City of Chesapeake and the
City of Newport News.
(2004, c. 1004; 2005, cc. 519, 602; 2006, cc. 175, 341; 2007, c. 133.)
Act."
B. The General Assembly recognizes that there is a critical need in the
Commonwealth for effective treatment programs that reduce the incidence of
drug use, drug addiction, family separation due to parental substance abuse,
and drug-related crimes. It is the intent of the General Assembly by this section
to enhance public safety by facilitating the creation of drug treatment courts as
means by which to accomplish this purpose.
C. The goals of drug treatment courts include: (i) reducing drug addiction and
drug dependency among offenders; (ii) reducing recidivism; (iii) reducing
drug-related court workloads; (iv) increasing personal, familial and societal
accountability among offenders; and, (v) promoting effective planning and use
of resources among the criminal justice system and community agencies.
D. Drug treatment courts are specialized court dockets within the existing
structure of Virginia's court system offering judicial monitoring of intensive
treatment and strict supervision of addicts in drug and drug-related cases.
Local officials must complete a recognized planning process before
establishing a drug treatment court program.
E. Administrative oversight for implementation of the Drug Treatment Court Act
shall be conducted by the Supreme Court of Virginia. The Supreme Court of
Virginia shall be responsible for (i) providing oversight for the distribution of
funds for drug treatment courts; (ii) providing technical assistance to drug
treatment courts; (iii) providing training for judges who preside over drug
treatment courts; (iv) providing training to the providers of administrative, case
management, and treatment services to drug treatment courts; and (v)
monitoring the completion of evaluations of the effectiveness and efficiency of
drug treatment courts in the Commonwealth.
F. A state drug treatment court advisory committee shall be established to (i)
evaluate and recommend standards for the planning and implementation of
drug treatment courts; (ii) assist in the evaluation of their effectiveness and
efficiency; and (iii) encourage and enhance cooperation among agencies that
participate in their planning and implementation. The committee shall be
chaired by the Chief Justice of the Supreme Court of Virginia or his designee
and shall include a member of the Judicial Conference of Virginia who
presides over a drug treatment court; a district court judge; the Executive
Secretary or his designee; the directors of the following executive branch
agencies: Department of Corrections, Department of Criminal Justice Services,
Department of Juvenile Justice, Department of Mental Health, Mental
Retardation and Substance Abuse Services, Department of Social Services; a
representative of the following entities: a local community-based probation and
pretrial services agency, the Commonwealth's Attorney's Association, the
Virginia Indigent Defense Commission, the Circuit Court Clerk's Association,
the Virginia Sheriff's Association, the Virginia Association of Chiefs of Police,
the Commission on VASAP, and two representatives designated by the Virginia
Drug Court Association.
G. Each jurisdiction or combination of jurisdictions that intend to establish a
drug treatment court or continue the operation of an existing one shall establish
a local drug treatment court advisory committee. Jurisdictions that establish
separate adult and juvenile drug treatment courts may establish an advisory
committee for each such court. Each advisory committee shall ensure quality,
efficiency, and fairness in the planning, implementation, and operation of the
drug treatment court or courts that serve the jurisdiction or combination of
jurisdictions. Advisory committee membership shall include, but shall not be
limited to the following people or their designees: (i) the drug treatment court
judge; (ii) the attorney for the Commonwealth, or, where applicable, the city or
county attorney who has responsibility for the prosecution of misdemeanor
offenses; (iii) the public defender or a member of the local criminal defense bar
in jurisdictions in which there is no public defender; (iv) the clerk of the court in
which the drug treatment court is located; (v) a representative of the Virginia
Department of Corrections, or the Department of Juvenile Justice, or both, from
the local office which serves the jurisdiction or combination of jurisdictions; (vi)
a representative of a local community-based probation and pretrial services
agency; (vii) a local law-enforcement officer; (viii) a representative of the
Department of Mental Health, Mental Retardation, and Substance Abuse
Services or a representative of local drug treatment providers; (ix) the drug court
administrator; (x) a representative of the Department of Social Services; (xi)
county administrator or city manager; and (xii) any other people selected by the
drug treatment court advisory committee.
H. Each local drug treatment court advisory committee shall establish criteria
for the eligibility and participation of offenders who have been determined to be
addicted to or dependent upon drugs. Subject to the provisions of this section,
neither the establishment of a drug treatment court nor anything herein shall be
construed as limiting the discretion of the attorney for the Commonwealth to
prosecute any criminal case arising therein which he deems advisable to
prosecute, except to the extent the participating attorney for the Commonwealth
agrees to do so. As defined in § 17.1-805 or 19.2-297.1, adult offenders who
have been convicted of a violent criminal offense within the preceding 10 years,
or juvenile offenders who previously have been adjudicated not innocent of any
such offense within the preceding 10 years, shall not be eligible for
participation in any drug treatment court established or continued in operation
pursuant to this section.
I. Each drug treatment court advisory committee shall establish policies and
procedures for the operation of the court to attain the following goals: (i)
effective integration of drug and alcohol treatment services with criminal justice
system case processing; (ii) enhanced public safety through intensive offender
supervision and drug treatment; (iii) prompt identification and placement of
eligible participants; (iv) efficient access to a continuum of alcohol, drug, and
related treatment and rehabilitation services; (v) verified participant abstinence
through frequent alcohol and other drug testing; (vi) prompt response to
participants' noncompliance with program requirements through a coordinated
strategy; (vii) ongoing judicial interaction with each drug court participant; (viii)
ongoing monitoring and evaluation of program effectiveness and efficiency; (ix)
ongoing interdisciplinary education and training in support of program
effectiveness and efficiency; and (x) ongoing collaboration among drug
treatment courts, public agencies, and community-based organizations to
enhance program effectiveness and efficiency.
J. Participation by an offender in a drug treatment court shall be voluntary and
made pursuant only to a written agreement entered into by and between the
offender and the Commonwealth with the concurrence of the court.
K. Nothing in this section shall preclude the establishment of substance abuse
treatment programs and services pursuant to the deferred judgment provisions
of § 18.2-251.
L. Each offender shall contribute to the cost of the substance abuse treatment
he receives while participating in a drug treatment court pursuant to guidelines
developed by the drug treatment court advisory committee.
M. Nothing contained in this section shall confer a right or an expectation of a
right to treatment for an offender or be construed as requiring a local drug
treatment court advisory committee to accept for participation every offender.
N. The Office of the Executive Secretary shall, with the assistance of the state
drug treatment court advisory committee, develop a statewide evaluation model
and conduct ongoing evaluations of the effectiveness and efficiency of all local
drug treatment courts. A report of these evaluations shall be submitted to the
General Assembly by December 1 of each year. Each local drug treatment court
advisory committee shall submit evaluative reports to the Office of the Executive
Secretary as requested.
O. Notwithstanding any other provision of this section, no drug treatment court
shall be established subsequent to March 1, 2004, unless the jurisdiction or
jurisdictions intending or proposing to establish such court have been
specifically granted permission under the Code of Virginia to establish such
court. The provisions of this subsection shall not apply to any drug treatment
court established on or before March 1, 2004, and operational as of July 1,
2004.
P. Subject to the requirements and conditions established by the state Drug
Treatment Court Advisory Committee, there shall be established a drug
treatment court in the following jurisdictions: the City of Chesapeake and the
City of Newport News.
(2004, c. 1004; 2005, cc. 519, 602; 2006, cc. 175, 341; 2007, c. 133.)