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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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