SB 361 — Relating to treatment supervision under Drug Offender Accountability and Treatment Act

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 361 By Senator Trump [Introduced[Originating Januaryin 24,the 2018;Committee on the Judiciary;

Referredreported toon theFebruary Committee2, on2018] the  Judiciary]  A BILL to amend and reenact §62-15-6a of the Code of West Virginia, 1931, as amended, relating to treatment supervision under the Drug Offender Accountability and Treatment Act;

includingexpanding additionoffender ofgroups theeligible Administrativefor Office of the Supreme Court of Appeals, along with the Division of Justice and Community Services, to consult with the Governor’s Advisory Council on Substance Abuse to use appropriated funds to develop proposed substance abuse treatment planssupervision; to serve those offenders under treatment supervision in each judicial circuit and on parole supervision;  and including the Administrative Office of the Supreme Court of Appeals, along with the Division of Justice and Community Services, in developing qualifications and other matters related to the quality and delivery of services to offenders.

including addition of the Administrative Office of the Supreme Court of Appeals, along with the Division of Justice and Community Services, to consult with the Governor’s Advisory Council on Substance Abuse to use appropriated funds to develop proposed substance abuse treatment plans to serve those offenders under treatment supervision in each judicial circuit and on parole supervision;

and including the Administrative Office of the Supreme Court of Appeals, along with the Division of Justice and Community Services, in developing qualifications and other matters related to the quality and delivery of services to offenders.

Provided, That an inmate who is, or has been, convicted for a felony crime of violence against the person, a felony offense where the victim was a minor childchild, or a felony offense involving the use of a firearm, as defined in §28-5-27(o) and §28-5-27(p) of this code, shall areis not be eligible for treatment supervision;

or.or (2) The offender has been accepted into an adult drug court program.

(2)(b) TheAs a condition of drug court, a condition of probation or as a modification of probation, a circuit court judge may impose treatment supervision on an eligible drug offender hasconvicted beenof a felony or as a condition of drug court with regard to an offender accepted into an Adultadult Drugdrug program.court program:

(b) As a condition of drug court, a condition of probation or as a modification of probation, a circuit court judge may impose treatment supervision on an eligible drug offender convicted of a felony or as a condition of drug court with regard to an offender accepted into an Adult Drug Court program:

(c) Whenever a circuit court judge determines that a treatment supervision participant not be part of an Adultadult Drugdrug Courtcourt program has violated the conditions of his or her treatment supervision involving the participant'sparticipant’s use of alcohol or a controlled substance, the judge may order a period of incarceration to encourage compliance with program requirements.

(d) The Division of Justice and Community Services shallshall, in consultation with the Governor'sGovernor’s Advisory Council on Substance Abuse, created by Executive Order No.

5-115-11, and the Administrative Office of the Supreme Court of Appeals use appropriated funds to develop proposed substance abuse treatment plans to serve those offenders under treatment supervision in each judicial circuit and on parole supervision.

(e) The Division of Justice and Community Services, in consultation with the Governor'sGovernor’s Advisory CommitteeCouncil on Substance Abuse and the Administrative Office of the Supreme Court of Appeals, shall develop:

Notifying the probation department, Adultadult Drugdrug Courtcourt program, and the court of any offender failing to meet the conditions of probation or referrals to treatment;

(g) The cost for all drug abuse assessments and certified drug treatment under this section and subsection (e), section seventeen, article twelve of this chapter §62-12-17 of this code shall be paid by the Division of Justice and Community Services from funds appropriated for that purpose.

(h) The Division of Justice and Community Services, in consultation with the Governor'sGovernor’s Advisory Council on Substance Abuse and the Administrative Office of the Supreme Court of Appeals, shall submit an annual report on or before September 30 to the Governor, the Speaker of the House of Delegates, the President of the Senate, the Chief Justice of the Supreme Court of AppealsAppeals, and, upon request, to any individual member of the Legislature containing:

(3) The number of people on treatment supervision who received services pursuant to their participation in an Adultadult Drugdrug Courtcourt program;

(3) (4) The number of people on treatment supervision who, pursuant to a judge'sjudge’s specific written findings of fact, received services despite the risk assessment indicating less than high risk for reoffending and a need for substance abuse treatment;

(j)  The  revisionsBill toStatus  |  thisBill sectionTracking  |  shallLegacy takeWV effectCode  |  onBulletin JulyBoard  |  1,District 2018.Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.

  NOTE:

The purpose of this bill is to allow funding allotted for Treatment Supervision to be applied to any participant in an Adult Drug Court program by making the definition of persons eligible for Treatment Supervision funding consistent with the statutory requirements for participation in an Adult Drug Court program and removing the presently existing differences between the two.  The bill also provides that the Administrative Office of the Supreme Court of Appeals is added with the Division of Justice and Community Services in consulting with the Governor's Advisory Council on Substance Abuse to use appropriated funds to develop proposed substance abuse treatment plans to serve those offenders under treatment supervision in each judicial circuit and on parole supervision.  And, the bill adds the Administrative Office of the Supreme Court of Appeals along with the Division of Justice and Community Services in developing qualifications and other matters related to the quality and delivery of services to offenders.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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