GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	3
HOUSE BILL 241*
Committee Substitute Favorable 3/8/01
 Committee Substitute #2 Favorable 5/22/01

Short Title:	Family/Juvenile Drug Treatment Court Prgms.	()	
Sponsors:	     	
Referred to:	     	
February 26, 2001

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE ESTABLISHMENT OF A FAMILY DRUG TREATMENT COURT PROGRAM AND A JUVENILE DRUG TREATMENT COURT PROGRAM AND TO FUND THE FAMILY DRUG TREATMENT COURT PROGRAM, AS RECOMMENDED BY THE LEGISLATIVE STUDY COMMISSION ON CHILDREN AND YOUTH.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7A‑791 reads as rewritten:
"§ 7A‑791.  Purpose.
The General Assembly recognizes that a critical need exists in this State for  judicial programs that will reduce the incidence of alcohol and other drug abuse or dependence  and  crimes, delinquent acts, and child abuse and neglect committed as a result of alcohol and other drug abuse or dependence, and child abuse and neglect where alcohol and other drug abuse or dependence are significant factors in the child abuse and neglect. It is the intent of the General Assembly by this Article to create a program to facilitate the creation of local drug treatment court programs."
SECTION 2.  G.S. 7A‑792 reads as rewritten:
"§ 7A‑792.  Goals.
The goals of the drug treatment court programs funded under this Article include the following:
(1)	To reduce alcoholism and other drug dependencies among adult and juvenile offenders and defendants and among respondents in juvenile petitions for abuse, neglect, or both;(2)	To reduce criminal and delinquent  recidivism and the incidence of child abuse and neglect;
(3)	To reduce the alcohol-related and other drug‑related court workload;
(4)	To increase the personal, familial, and societal accountability of adult and juvenile offenders and defendants and respondents in juvenile petitions for abuse, neglect, or both; and
(5)	To promote effective interaction and use of resources among criminal and juvenile justice personnel, child protective services personnel, and community agencies."
SECTION 3. G.S. 7A‑793 reads as rewritten:
"§ 7A‑793.  Establishment of Program.
The North Carolina Drug Treatment Court Program is established in the Administrative Office of the Courts to facilitate the creation and funding of local drug treatment court programs. The Director of the Administrative Office of the Courts shall provide any necessary staff for planning, organizing, and administering the program. Local drug treatment court programs funded pursuant to this Article shall be operated consistently with the guidelines adopted pursuant to G.S. 7A‑795. Local drug treatment court programs established and funded pursuant to this Article may consist of adult drug treatment court programs, juvenile drug treatment court programs, family drug treatment court programs, or any combination of these programs."
SECTION 4. G.S. 7A‑795 reads as rewritten:
"§ 7A‑795.  State Drug Treatment Court Advisory Committee.
The State Drug Treatment Court Advisory Committee is established to develop and recommend to the Director of the Administrative Office of the Courts guidelines for the drug treatment court program and to monitor local programs wherever they are implemented. The Committee shall be chaired by the Director or the Director's designee and shall consist of not less than seven members appointed by the Director and broadly representative of the courts, law enforcement, corrections, juvenile justice, child protective services, and substance abuse treatment communities. In developing guidelines, the Advisory Committee shall consider the Substance Abuse and the Courts Action Plan and other recommendations of the Substance Abuse and the Courts State Task Force."
SECTION 5.  G.S. 7A‑796 reads as rewritten:
"§ 7A‑796.  Local drug treatment court management committee.
Each judicial district choosing to establish a drug treatment court shall form a local drug treatment court management committee, which shall be comprised to assure representation appropriate to the type or types of drug treatment court operations to be conducted in the district and shall consist of persons, appointed by the senior resident superior court judge with the concurrence of the chief district court judge and the district attorney for that district, chosen from the following list:
(1)	A judge of the superior court;
(2)	A judge of the district court;
(3)	A district attorney or assistant district attorney;
(4)	A public defender or assistant public defender in judicial districts served by a public defender;
(5)	An attorney representing a county department of social services within the district;
(6)	A representative of the guardian ad litem program;	(7)	A member of the private criminal defense bar;
(8)	A member of the private bar who represents respondents in department of social services juvenile matters;
	(9)	A clerk of superior court;
	(10)	The trial court administrator in judicial districts served by a trial court administrator;
(11)	The director or member of the child welfare services division of a county department of social services within the district;(12)	The chief juvenile court counselor for the district;
	(13)	A probation officer;
	(14)	A local law enforcement officer;
(15)	A representative of the local school administrative unit;
	(16)	A representative of the local community college;
	(17)	A representative of the treatment providers;
(18)	A representative of the area mental health program;
	(19)	The local program director provided for in G.S. 7A‑798; and
	(20)	Any other persons selected by the local management committee.
The local drug treatment court management committee shall develop local guidelines and procedures, not inconsistent with the State guidelines, that are necessary for the operation and evaluation of the local drug treatment court."
SECTION 6.  G.S. 7A‑799 reads as rewritten:
"§ 7A‑799.  Treatment not guaranteed.
Nothing contained in this Article shall confer a right or an expectation of a right to treatment for a defendant or offender within the criminal or juvenile justice system or a respondent in a juvenile petition for abuse, neglect, or both."
SECTION 7.  G.S. 7A‑800 reads as rewritten:
"§ 7A‑800.  Payment of costs of treatment program.
Each defendant, offender, or respondent in a juvenile petition for abuse, neglect, or both, who receives treatment under a local drug treatment court program shall contribute to the cost of the alcohol and other drug abuse or dependency treatment received in the drug treatment court program, based upon guidelines developed by the local drug treatment court management committee."
SECTION 8.  The sum of six hundred thousand dollars ($600,000) for the 2001‑2002 fiscal year is appropriated from the General Fund to the Administrative Office of the Courts to be used solely to develop, implement, and evaluate three or more local family drug treatment court programs.  In developing and implementing local family drug treatment court programs, the Administrative Office of the Courts shall, to the extent practicable, equitably distribute funds among the geographic regions of the State and between the urban and rural areas of the State.
SECTION 9.  This act becomes effective October 1, 2001.