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22-471.7.


22-471.7.
   
   A. The designated drug court judge shall make all judicial decisions
   concerning any case assigned to the drug court docket or program. The
   judge shall require progress reports and a periodic review of each
   offender during his or her period of participation in the drug court
   program or for purposes of collecting costs and fees after completion
   of the treatment portion of the program. Reports from the treatment
   providers and the supervising staff shall be presented to the drug
   court judge as specified by the treatment plan or as ordered by the
   court.
   
   B. Upon the written or oral motion of the treatment provider, the
   district attorney, the defense attorney, the defendant, or the
   supervising staff, the drug court judge shall set a date for a hearing
   to review the offender, the treatment plan, and the provisions of the
   performance contract. Notice shall be given to the offender and the
   other parties participating in the drug court case three (3) days
   before the hearing may be held.
   
   C. The judge may establish a regular schedule for progress hearings
   for any offender in the drug court program. The district attorney
   shall not be required to attend regular progress hearings, but shall
   be required to be present upon the motion of any party to a drug court
   case.
   
   D. The treatment provider, the supervising staff, the district
   attorney, and the defense attorney shall be allowed access to all
   information in the offender's drug court case file and all information
   presented to the judge at any periodic review or progress hearing.
   
   E. The drug court judge shall recognize relapses and restarts in the
   program which are considered to be part of the rehabilitation and
   recovery process. The judge shall accomplish monitoring and offender
   accountability by ordering progressively increasing sanctions or
   providing incentives, rather than removing the offender from the
   program when relapse occurs, except when the offender's conduct
   requires revocation from the program. Any revocation from the drug
   court program shall require notice to the offender and other
   participating parties in the case and a revocation hearing. At the
   revocation hearing, if the offender is found to have violated the
   conditions of the plea agreement or performance contract and
   disciplinary sanctions have been insufficient to gain compliance, the
   offender shall be revoked from the program and sentenced for the
   offense as provided in the plea agreement.
   
   F. Upon application of any participating party to a drug court case,
   the judge may modify a treatment plan at any hearing when it is
   determined that the treatment is not benefiting the offender. The
   primary objective of the judge in monitoring the progress of the
   offender and the treatment plan shall be to keep the offender in
   treatment for a sufficient time to change behaviors and attitudes.
   Modification of the treatment plan requires a consultation with the
   treatment provider, supervising staff, district attorney, and the
   defense attorney in open court.
   
   G. The judge shall be prohibited from amending the written plea
   agreement after an offender has been admitted to the drug court
   program. Nothing in this provision shall be construed to limit the
   authority of the judge to remove an offender from the program and
   impose the required punishment stated in the plea agreement after
   application, notice, and hearing.
   

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