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COMMITTEE REPORT
March 4, 1999
H. 3153
Introduced by Reps. Wilkins, Jennings, Rodgers, Harrison, Cotty, Wilder, Law, Harris, Chellis, Fleming, D. Smith, Simrill, J. Brown, Cato, R. Smith, Woodrum, Allison, Littlejohn, Sandifer, Lee, Keegan, Barrett, Harvin, Lucas, Young-Brickell, Emory, Rhoad, Harrell, Meacham, Edge, Haskins, Campsen, Maddox, Govan, Hinson, F. Smith, J. Smith, Lourie, Rutherford, Allen, Ott, Kennedy, Bales and Knotts
S. Printed 3/4/99--H.
Read the first time January 12, 1999.
To whom was referred a Bill (H. 3153), to amend Title 17, Code of Laws of South Carolina, 1976, relating to criminal procedure, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 17 of the 1976 Code is amended by adding:
Section 17-26-10. This chapter may be cited as the 'Drug Treatment Court Act'.
Section 17-26-20. For purposes of this chapter:
(1) 'State committee' means the State Drug Treatment Court Advisory Committee.
(2) 'Local committee' means the Local Drug Treatment Court Management Committee.
(3) 'Director' means the director of the South Carolina Drug Treatment Court Office.
Section 17-26-30. The General Assembly recognizes that a critical need exists in this State for justice system programs addressing the impact of drug use and addiction. It is the intent of the General Assembly by this chapter to create an office to facilitate the creation, continuation, and expansion of drug treatment court programs.
Section 17-26-40. The South Carolina Drug Treatment Court Office is established within the South Carolina Court Administration, which shall hire the director of the Drug Treatment Court Office. Drug treatment court programs created pursuant to this chapter shall operate in a manner consistent with the guidelines promulgated by the State Drug Treatment Court Advisory Committee established pursuant to Section 17-26-50. In promulgating the guidelines, the state committee shall consider the following:
(1) drug treatment courts will integrate alcohol and other drug treatment services with justice system case processing in a nonadversarial setting;
(2) public safety concerns and the rights of victims should be considered in formulating criteria for eligibility;
(3) eligible participants will be identified early and promptly placed in a drug treatment court program with opt-out provisions and waivers established to address due process issues;
(4) drug treatment court programs will provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services;
(5) abstinence will be monitored by frequent alcohol and other drug testing;
(6) a coordinated strategy will govern drug treatment court programs' responses to participants' compliance;
(7) ongoing judicial interaction with each drug treatment court program participant will be essential;
(8) monitoring and evaluation will measure the achievement of program goals and gauge effectiveness;
(9) continuing interdisciplinary education will promote effective drug treatment court planning, implementation, and operations; and
(10) Forging partnerships among drug treatment court programs, public agencies, and community-based organizations will generate local support and enhance the effectiveness of drug treatment court programs.
Section 17-26-50. The State Drug Treatment Court Advisory Committee is established to develop guidelines for drug treatment court programs and to monitor programs wherever they are implemented. The state committee shall be chaired by the director of the South Carolina Drug Treatment Court Office and consist of the following thirteen members:
(1) a circuit court judge with experience in adult drug treatment court programs, designated by the Chief Justice;
(2) a family court judge with experience in juvenile or abuse and neglect drug treatment court programs, designated by the Chief Justice;
(3) a circuit solicitor designated by the President of the South Carolina Solicitors' Association;
(4) a member of the defense bar, recommended by the South Carolina Association of Criminal Defense Lawyers, and appointed by the Chief Justice;
(5) the director of the Department of Juvenile Justice or his designee;
(6) the director of the Department of Alcohol and Other Drug Abuse Services or his designee;
(7) the director of the Department of Probation, Parole, and Pardon Services or his designee;
(8) the director of the Department of Social Services or his designee;
(9) the director of the South Carolina Court Administration or his designee;
(10) the director of the Department of Mental Health or his designee;
(11) a member of the general public selected by the chairman of the Senate Judiciary Committee;
(12) a member of the general public selected by the chairman of the House Judiciary Committee; and
(13) the Attorney General or his designee.
Section 17-26-60. The Drug Treatment Court Program Fund is established in an account separate from the general fund of the State and shall be deposited with the State Treasurer. All earnings on the investments remain with the separate account fund. The State Drug Treatment Court director is the administrator of the funds at the direction of the state committee. Grants shall be awarded from this fund to implement and continue drug treatment court programs and shall be awarded based on the general guidelines set forth by the state committee.
Section 17-26-70. A circuit solicitor who establishes a drug treatment court program in a county of the solicitor's judicial circuit shall form at least one local drug treatment court management committee for the circuit. The circuit solicitor may form local committees for each county in the circuit that establishes a drug treatment court program. The local committee shall be formed at the direction of the circuit solicitor and shall consist of the following members:
(1) at least two members of the judiciary;
(2) the circuit solicitor or his designee;
(3) the public defender or his designee in judicial circuits served by a public defender;
(4) a member of the private criminal defense bar;
(5) a representative from the clerk of court's office;
(6) a probation officer or community specialist;
(7) a local law enforcement officer;
(8) a representative from the county substance abuse authority designated pursuant to Section 61-12-20;
(9) the director of the local drug treatment court program, if applicable; and
(10) any other persons selected by the local committee, which may include, but are not limited to, local government officials, local community leaders, jail administrators, public health officials, representatives of the Department of Social Services or the Department of Juvenile Justice, and representatives of local schools.
The local committees shall develop local guidelines and procedures, not inconsistent with the state guidelines, that are necessary for the operation and evaluation of the local drug treatment court.
Section 17-26-80. The state committee shall develop criteria for eligibility and other procedural and substantive guidelines for drug treatment court operation. The Department of Alcohol and Other Drug Abuse Services shall develop guidelines for treatment services and submit these guidelines to the state committee for consideration. Grant applications shall identify a substance abuse treatment provider licensed by the State to provide substance abuse treatment services in connection with drug treatment court programs. The state committee may consider national accreditation when choosing a provider. However, the state committee shall use as its primary guidelines, the quality and cost of treatment offered by the provider, when choosing and procuring a treatment provider.
Section 17-26-90. (A) Grant applications for the drug treatment court programs must be submitted to the state committee, in the form and with the information as the state committee requires consistent with the provisions of this chapter. Grants shall be awarded to the most comprehensive and feasible plans providing for the implementation or continuation of drug treatment courts. The state committee shall approve the grants to be awarded. Grants shall be administered in accordance with laws made for that purpose, including appropriations acts and provisions in appropriations acts. The state committee may adopt rules for the implementation, operation, and monitoring of grant-funded programs.
(B) Grant applications shall specify a local program director who is responsible for the local administration of the project. Grant funds may be used to fund a full-time or part-time local program director position. The local program director may be an employee of the grant recipient, an employee of the court, or a grant-established position under the circuit solicitor or presiding drug treatment court judge.
Section 17-26-100. (A) The Chief Justice has the sole authority to appoint drug treatment court judges at the recommendation of the local committees. Persons appointed for purposes of presiding over drug treatment courts shall be appointed by order of the Chief Justice who shall prescribe their powers, jurisdiction, and authority. Persons appointed to serve as drug treatment court judges are exempt from judicial screening requirements and may be removed from service at the discretion of the Chief Justice.
(B) A person appointed by the Chief Justice to serve as a drug treatment court judge, whether or not that person is currently serving in a judicial capacity, may receive an annual stipend for this service in addition to reimbursement for mileage and other ordinary expenses approved by the state committee.
Section 17-26-110. Nothing contained in this chapter confers a right or an expectation of a right to treatment for an offender within the criminal justice system. This chapter does not create a right for an offender to participate in a drug treatment court program.
Section 17-26-120. Each offender shall contribute to the cost of the substance abuse treatment received in the drug treatment court program based upon guidelines developed by the local committee.
Section 17-26-130. The state committee is responsible for developing and implementing an evaluation model to evaluate the effectiveness of the drug treatment court programs. Each grant application for a drug treatment court must include a method for evaluating the program's effectiveness, based upon each program's stated goals. Each funded program must participate in the statewide evaluation and submit data and evaluation reports to the state committee as requested. The state committee shall submit a report evaluating the effectiveness of the drug treatment court program to the House and Senate Judiciary Committees by January fifteenth of each year."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON, for Committee.
EXPLANATION OF IMPACT:
Prosecution Coordination Commission
The commission estimates the impact on the General Fund of the State to be $162,500 in recurring costs and $27,000 in nonrecurring costs. The recurring costs include 3 FTE's (a director, a grants coordinator, and an administrative assistant), operating expenses, travel expenses, and State Drug Treatment Court Advisory Committee expenses. The nonrecurring costs include office equipment purchases such as computers and desks. The costs are outlined below:
Salary and Fringe Benefits for 3 FTE's $140,000
Operating Expenses $11,500
Travel and Conference Expenses $9,000
State Drug Treatment Court Advisory
Committee expenses $ 2,000
Total Recurring Costs $162,500
Total Recurring Costs $162,500
Total Nonrecurring Costs $ 27,000
Total First Year Costs $189,500
Judicial Department
The Judicial Department states that the fiscal impact associated with the appointment and maintenance of Drug Treatment Court judges is indeterminable at this time due to the variance in selection and maintenance methods for those to be appointed as Drug Treatment Court judges.
Drug Treatment Court Grant Programs
The cost for full implementation of the Drug Treatment Court Program is based on a set of assumptions, as outlined below, in the absence of the guidelines that will be established by the State Drug Treatment Court Advisory Committee. The annual estimated number of drug court clients totals 2,772, which includes 2,284 adult drug court clients and 488 juvenile drug court clients. The amount of funding to be provided by entities other than the state including local governments is unknown. Therefore, the impact on the General Fund of the State is at the discretion of the General Assembly. The cost for the first four years of implementation is as follows:
First Year Cost $1,850,000
Second Year Cost $4,400,000
Third Year Cost $6,300,000
Fourth Year and Thereafter Annual Cost $9,000,000
Assumptions:
1- Costs are based on full implementation capacity of 2% of current case dispositions by judicial circuit
2- Costs are in 1999 dollars
3- There will be at least one adult and one juvenile Drug Treatment Court per judicial circuit
4- Four year phase in to full implementation for each new drug court and a two or three year phase in for existing drug courts
5- A planning and implementation grant of $25,000 will be available in the first year for each new drug court
6- Every circuit solicitor that has already created a local drug court will apply for continuation grant funds beginning in the first year
7- Every circuit solicitor that has not already done so will establish a Local Drug Treatment Court Management Committee and apply for planning and implementation grant funds in the first year
8- Costs for Adult Drug Treatment Court are based on an annual cost of $2,400 per client for treatment and $500 per client for administrative expenses
9- Costs for Juvenile Drug Treatment Court are based on an annual cost of $3,800 per client for treatment, and $35,000 per circuit for one FTE and operating expenses
1st 2nd 3rd 4th
Year Year Year Year
Prosecution Coordination
Commission 189,500 162,500 162,500 162,500
Judicial Department n/a n/a n/a n/a
Drug Treatment Court
Grant Programs 1,850,000 4,400,000 6,300,000 9,000,000
Total $2,039,500 $4,562,500 $6,462,500 $9,162,500
LOCAL GOVERNMENT IMPACT:
(See "Drug Treatment Court Grant Programs" above)
SPECIAL NOTES:
Pursuant to Section 2-7-71 of the 1976 South Carolina Code of Laws the Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.
Approved By:
Don Addy
Office of State Budget
TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURE, BY ADDING CHAPTER 26 SO AS TO ENACT THE "DRUG TREATMENT COURT ACT" INCLUDING PROVISIONS TO ESTABLISH THE OFFICE OF A STATE DRUG TREATMENT COURT DIRECTOR AND ADVISORY COMMITTEE, TO PROVIDE THAT THE DIRECTOR OF THE SENTENCING GUIDELINES COMMISSION IS THE DIRECTOR OF THIS OFFICE, TO PROVIDE FOR THE ESTABLISHMENT OF A DRUG TREATMENT COURT PROGRAM FUND, AND TO PROVIDE FOR THE ESTABLISHMENT OF LOCAL DRUG TREATMENT COURT MANAGEMENT COMMITTEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 17 of the 1976 Code is amended by adding:
Section 17-26-10. This chapter may be cited as the 'Drug Treatment Court Act'.
Section 17-26-20. For purposes of this chapter:
(1) 'Committee' means the State Drug Treatment Court Advisory Committee.
(2) 'Director' means the State Drug Treatment Court Director.
Section 17-26-30. The General Assembly recognizes that a critical need exists in this State for criminal justice system programs that will reduce the incidence of drug use, drug addiction, and crimes committed as a result of drug use and drug addiction. It is the intent of the General Assembly by this chapter to create a program to facilitate the implementation of new and the continuation of existing drug treatment court programs.
The goals of the drug treatment court programs created under this chapter include the following:
(1) To reduce alcoholism and other drug dependencies among offenders;
(2) To reduce recidivism;
(3) To reduce the drug-related court workload;
(4) To increase the personal, familial, and societal accountability of offenders;
(5) To promote the effective interaction and use of resources among criminal justice personnel and community agencies; and
(6) To ensure access to drug treatment courts is available to any person in South Carolina on an affordable basis.
Section 17-26-40. The South Carolina Drug Treatment Court Program is established to facilitate the creation of drug treatment court programs throughout the State. Drug treatment court programs created pursuant to this chapter shall be operated in a manner consistent with the guidelines promulgated by the director in consultation with the committee established pursuant to Section 17-26-50. In promulgating the guidelines, the director and the committee shall consider the following:
(1) Drug courts integrate alcohol and other drug treatment services with justice system case processing;
(2) Using a non-adversarial approach, drug treatment courts promote public safety while protecting participants' due process rights;
(3) Using a non-adversarial approach, eligible participants are identified early and promptly placed in the drug treatment court program;
(4) Drug treatment courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services;
(5) Abstinence is monitored by frequent alcohol and other drug testing;
(6) A coordinated strategy governs drug treatment court responses to participants' compliance;
(7) Ongoing judicial interaction with each drug treatment court participant is essential;
(8) Monitoring and evaluation measure the achievement of program goals and gauge effectiveness;
(9) Continuing interdisciplinary education promotes effective drug treatment court planning, implementation, and operations; and
(10) Forging partnerships among drug treatment courts, public agencies, and community-based organizations generate local support and enhances drug court effectiveness.
Section 17-26-50. (A) The committee is established to develop guidelines for drug treatment court programs and to monitor programs wherever they are implemented. The committee shall be chaired by the director and shall consist of not less than seven members to be appointed by the Chairmen of the Senate and House Judiciary Committees. The members must be representative of the courts, corrections, and substance abuse treatment communities. The members shall consist of the following:
(1) a member of the judiciary;
(2) a circuit solicitor or his designee;
(3) a member of the defense bar;
(4) a representative of the drug/alcohol treatment community;
(5) a representative from the Department of Corrections; and
(6) a representative from the Department of Probation, Parole, and Pardon Services.
(B) The director of the Drug Treatment Court Program shall be the director of the Sentencing Guidelines Commission as set forth in Section 24-26-10, et seq.
Section 17-26-60. The Drug Treatment Court Program Fund is established in the office of the director and administered by him in consultation with the committee. Grants shall be awarded from this fund to implement and continue drug treatment court programs. Grants shall be awarded based on the general guidelines set forth by the director and the committee.
Section 17-26-70. A circuit solicitor who establishes a drug treatment court in a county of the solicitor's judicial circuit shall form at least one local drug treatment court management committee for the circuit. The circuit solicitor may form local management committees for each county in the circuit that establishes a drug treatment court program. The committees shall consist of the following members to be appointed by the circuit solicitor:
(1) a judge of the circuit court;
(2) a judge of the magistrate court;
(3) the circuit solicitor or his designee;
(4) the public defender or his designee in judicial circuits served by a public defender;
(5) a member of the private criminal defense bar;
(6) a representative from the clerk of court's office in the judicial circuit;
(7) a probation officer;
(8) a local law enforcement officer;
(9) a representative of the treatment providers in the community;
(10) the director of the local drug treatment court program, if applicable; and
(11) any other persons selected by the local management committee.
The local drug treatment court management committees shall develop local guidelines and procedures, not inconsistent with the state guidelines, that are necessary for the operation and evaluation of the local drug treatment court.
Section 17-26-80. The director, in conjunction with the committee, shall develop criteria for eligibility and other procedural and substantive guidelines for drug treatment court operation.
Section 17-26-90. (A) Grant applications for the drug treatment court programs shall be submitted to the director, in such form and with such information as the director and committee may require consistent with the provisions of this chapter. Grants shall be awarded to the most comprehensive and feasible plans providing for the implementation or continuation of drug treatment courts. The director recommends to the committee grants for approval. The committee shall approve the grants to be awarded. Grants shall be administered in accordance with laws made for that purpose, including appropriations acts and provisions in appropriations acts. The committee may adopt rules for the implementation, operation, and monitoring of grant-funded programs.
(B) Grant applications shall specify a local program director who is responsible for the local administration of the project. Grant funds may be used to fund a full-time or part-time local program director position. The local program director may be an employee of the grant recipient, an employee of the court, or a grant-established position under the circuit solicitor or presiding drug treatment court judge.
Section 17-26-100. Nothing contained in this chapter confers a right or an expectation of a right to treatment for an offender within the criminal justice system.
Section 17-26-110. Each offender shall contribute to the cost of the substance abuse treatment received in the drug treatment court program based upon guidelines developed by the committee.
Section 17-26-120. Each grant application requesting funding for a drug treatment court shall include a method for evaluating the program's effectiveness, based upon each program's stated goals. Each funded program shall submit evaluation reports to the director as requested. Additionally, the director is responsible for developing a model to evaluate the effectiveness of all drug treatment court programs. The director shall submit a report evaluating the effectiveness of the drug treatment court programs in the State to the House and Senate Judiciary Committees by the first day of the legislative session each year."
SECTION 2. This act takes effect upon approval by the Governor.
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