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22-471.4.


22-471.4.
   
   A. When directed by the drug court judge, the supervising staff for
   the drug court program shall make an investigation of the offender
   under consideration to determine whether or not the offender is a
   person who:
   
   1. Would benefit from the drug court program; and
   
   2. Is appropriate for the drug court program.
   
   B. The drug court investigation shall be conducted through a
   standardized screening test and personal interview. A more
   comprehensive assessment may take place at the time the offender
   enters the treatment portion of the program and may take place at any
   time after placement in the drug court program. The investigation
   shall determine the original treatment plan which the offender will be
   required to follow, if admitted to the program. Any subsequent
   assessments or evaluations by the treatment provider, if the offender
   is admitted to the program, may be used to determine modifications
   needed to the original treatment plan. The investigation shall
   include, but not be limited to, the following information:
   
   1. The person's age and physical condition;
   
   2. Employment and military service records;
   
   3. Educational background and literacy level;
   
   4. Community and family relations;
   
   5. Prior and current drug and alcohol use;
   
   6. Mental health and medical treatment history, including substance
   abuse treatment history;
   
   7. Demonstrable motivation; and
   
   8. Other mitigating or aggravating factors.
   
   C. The drug court investigation shall be conducted after the initial
   hearing for consideration and before the hearing for final
   determination of eligibility for the drug court program. When an
   offender is appropriate for admittance to the program, the supervising
   staff shall make a recommendation for the treatment program or
   programs that are available in the jurisdiction and which would
   benefit the offender and accept the offender. The investigation
   findings and recommendations for program placement shall be reported
   to the drug court judge, the district attorney, the offender, and the
   defense attorney prior to the next scheduled hearing.
   
   D. The district attorney and the defense attorney for the offender
   shall independently review the findings and recommendations of the
   drug court investigation report. For an offender to remain eligible
   for consideration in the program, both the district attorney and the
   defense attorney must accept the recommended treatment plan, and shall
   negotiate the terms of the written plea agreement with all punishment
   provisions specified before the scheduled hearing date for determining
   final eligibility. Upon failure of the district attorney and defense
   attorney to negotiate the written plea agreement, the criminal case
   shall be withdrawn from the drug court program and processed in the
   traditional manner. The punishment provisions of the written plea
   agreement shall emphasize reparation to the victim, community, and
   state.
   
   E. The hearing to determine final eligibility shall be set not less
   than three (3) work days nor more than seven (7) work days from the
   date of the initial hearing for consideration, unless extended by the
   court.
   
   F. For purposes of this act, "supervising staff" means a Department of
   Corrections employee assigned to monitor offenders in the drug court
   program, a community provider assigned to monitor offenders in the
   program, a state or local agency representative or a certified
   treatment provider participating in the program, or a person
   designated by the judge to perform drug court investigations.
   

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