HB 1633 -- Drug Courts

Co-Sponsors:  May (108), Ross

This bill authorizes each circuit court to establish drug courts
that may dispose of alcohol and drug related cases.  A drug
court must combine judicial supervision, drug testing, and
substance abuse treatment.  A judicial circuit may designate a
judge or appoint commissioners to preside over the drug court.
The bill requires drug court commissioners to have the same
qualifications and compensation as associate circuit judges.
Any order, judgment, or decree of a drug court commissioner must
be confirmed or rejected by a circuit judge.

To refer a proceeding to the drug court, all parties must
agree.  Before any criminal defendant may be referred, however,
the prosecuting attorney must consider the defendant to be
nonviolent.  Upon successful completion of the court's program,
charges against a participant may be dismissed or a penalty may
be reduced.

In addition, the bill provides that statements made by
participants within the drug court program may not be admitted
as evidence against the participant in a criminal, juvenile, or
civil proceeding.  Also, any state or local government agency is
required to provide the drug court access to any record relating
to the treatment of a program participant.