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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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