Senate committee substitute to the 1st edition makes the following changes.
Amends GS 7A-793, which established the NC Judicially Managed Accountability and Recovery Court Program, by adding that a judicially managed accountability recovery court may be established with the consent of the chief district court judge or the senior resident superior court judge.
Amends GS 7A-796 to require that local judicially managed accountability and recovery court committees consist of persons appointed by the senior resident superior court judge with the concurrence of the chief district court judge and the district attorney for that district (previous edition removed the senior resident superior court judge's appointment authority) from the specified list of classes of individuals. Adds judges of the superior court back into the list of those who may be appointed.
Amends proposed GS 7A-802 excluding from the scope of the Article drug treatment courts or judicially managed accountability and recovery courts in existence on or before (was, on or after) July 1, 2019, to the extent that compliance with the Article would disqualify the court from specified grant funding.
Adds a new requirement for the Administrative Office of the Courts, in coordination with each county's district attorney's office, to establish a pilot program in Haywood, Robeson, and Wayne counties that creates judicially managed accountability and recovery courts. Requires a report on the results of the pilot program by the 2021 Regular Session of the General Assembly upon its convening. Appropriates from the General Fund to the Administrative Office of the Courts $150,000 for the 2019-20 and 2020-21 fiscal years for each of the three courts in the pilot project. These provisions are effective when the act becomes law.
Bill Summaries: S251 MODERNIZATION OF DRUG COURT PROGRAM.
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Bill S 251 (2019-2020)Summary date: Apr 9 2019 - View Summary
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Bill S 251 (2019-2020)Summary date: Mar 13 2019 - View Summary
Renames Subchapter XIV of Article 62 of GS Chapter 7A as Accountability and Recovery Courts (currently, Drug Treatment Courts). Renames Article 62 of GS Chapter 7A, Judicially Managed Accountability and Recovery Court Act (currently, North Carolina Drug Treatment Court Act). Amends GS 7A-790 to make conforming change, establishing that Article 62 is to be known and cited as the Judicially Managed Accountability and Recovery Act of 2019.
Adds to the purposes of Article 62, set out in GS 7A-791, the need for judicial programs that will reduce the incidence of offenses, delinquent acts, and child abuse and neglect where mental, behavioral, or medical health is a significant factor in commission of the offense or act. Further, provides that it is the intent of the General Assembly to create a program to facilitate the creation and operation of judicially managed accountability and recovery courts (previously, the creation and operation of local drug treatment court programs and driving while impaired treatment court programs). Replaces references to "drug abuse" with "substance abuse."
Makes conforming changes throughout Article 62 to refer to "judicially managed accountability and recovery courts" and remove all references to "drug treatment courts."
Amends GS 7A-792, setting forth five goals of the judicially managed accountability and recovery courts, to add to and amend the existing goals. Amends the first goal to now provide the goal to reduce alcoholism and other substance abuse and dependencies (previously, and other drug dependencies) among adult and juvenile offenders and defendants and among respondents in juvenile petitions for abuse, neglect, or both. Amends the third goal to now provide the goal to reduce the alcohol-related and other substance-related (previously, drug-related) court workload. Amends the last goal to now provide the goal to promote effective interaction, collaboration, coordination, and use of resources (previously, to promote effective interaction and use of resources) among criminal and juvenile justice personnel, child protective services personnel, and community agencies. Adds a new goal reducing the mental, behavioral, or medical health-related court workload.
Amends GS 7A-793, providing that the NC Judicially Managed Accountability and Recovery Court Program is established in the Administrative Office of the Courts (AOC) to facilitate the creation, administration, and funding of local judicially managed accountability and recovery courts (previously, did not specify administration). Provides that local judicially managed accountability and recovery courts established and funded pursuant to Article 62 can consist of programs approved by the AOC.
Deletes the existing provisions of GS 7A-794 to now direct the AOC to administer funding relating to the NC Judicially Managed Accountability and Recovery Court Program (Program).
Amends GS 7A-795 to make conforming changes to the provisions pertaining to the Advisory Committee of the Program. Adds new provision to direct the Advisory Committee to provide minimum standards of judicially managed accountability and recovery courts in developing guidelines for the program for recommendation to the Director of the AOC (previously, directed the Advisory Committee to consider the Substance Abuse and the Courts Action Plan and other recommendations of the Substance Abuse and the Courts State Task Force).
Amends GS 7A-796, concerning the makeup of a local judicially managed accountability and recovery court committee. Establishes that the local committee consists of persons appointed by the chief district court judge and the district attorney for that district, to be chosen from the provided list (previously appointed by the senior resident superior court judge with the concurrence of the chief district court judge and the district attorney). Amends and adds to the provided list of persons that can be appointed to a local committee as specified. Directs the local committee to develop local guidelines and procedures, not inconsistent with the State guidelines and minimum standards (currently, minimum standards not specified), necessary for the operation and evaluation of the local judicially managed accountability and recovery court. Makes conforming change to direct the Director of AOC, in conjunction with the Advisory Committee, to develop criteria for eligibility, minimum standards, and other procedural and substantive guidelines for judicially managed accountability and recovery court operation.
Amends GS 7A-799 to establish that nothing in the Article confers a right or an expectation of a right to treatment or recovery management for (currently does not specify treatment or recovery management) a defendant or offender within the criminal or juvenile justice system or a respondent in a juvenile petition for abuse, neglect, or both.
Makes conforming changes to GS 7A-800 and GS 7A-801, concerning the payment of costs of a treatment program and monitoring and reporting requirements.
Enacts new GS 7A-802 excluding from the scope of the Article drug treatment courts or judicially managed accountability and recovery courts in existence on or after July 1, 2019, to the extent that compliance with the Article would disqualify the court from specified grant funding.
Effective July 1, 2019.