HF 3289

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/27/2023 10:25am

A bill for an act
relating to judiciary; expanding treatment courts throughout the state to ensure
statewide access; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 484.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [484.93] TREATMENT COURTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "serious offense" means a crime of violence as defined in section 624.712, subdivision
5, except for a violation of chapter 152, or a violation of or an attempt or conspiracy to
violate section 609.23, 609.231, 609.2325, 609.2661, 609.2662, 609.2663, 609.2664,
609.2665, 609.267, 609.2671, 609.2672, 609.54, 609.714, 617.23 that is punishable by a
felony penalty, 617.246, or any similar laws of the United States or any other state; and
new text end

new text begin (2) "treatment court" means a multiphased, team-oriented program operated within one
or more district courts and presided over by a district court judge or designated referee or
hearing officer acting within that person's official capacity that uses evidence-based practices
and qualified and trained staff to tailor appropriate services to support individuals in the
judicial system who have specific mental health challenges, substance use disorders, or
other health challenges and who need treatment in order to stop the cycle of relapse and
recidivism by treating substance use and mental health disorders that led to the behaviors
that brought the individuals to court. Treatment courts promote recovery through a
coordinated team approach, including judges, prosecutors, defense counsel, probation
authorities, coordinators, treatment providers, law enforcement, evaluators, and other
ancillary service providers. Treatment courts include but are not limited to drug courts, DWI
courts, juvenile drug courts, family dependency courts, mental health courts, veterans courts,
and specialty and problem-solving courts for domestic violence, gambling, housing, truancy,
prostitution, community, safe babies, and opioid courts.
new text end

new text begin Subd. 2. new text end

new text begin Participant eligibility. new text end

new text begin The following persons are eligible to participate in
treatment court:
new text end

new text begin (1) offenders charged with or under supervision for a misdemeanor, gross misdemeanor,
or felony offense, subject to exclusion for serious offenses, as defined in subdivision 4; or
new text end

new text begin (2) respondents in juvenile court or family dependency court, or respondents who are
otherwise subject to proceedings related to domestic violence, gambling, housing, truancy,
prostitution, community offenses, safe babies, and opioid use.
new text end

new text begin Subd. 3. new text end

new text begin Exclusion for serious offense. new text end

new text begin (a) A person who presents a substantial risk for
reoffending or is unlikely to succeed under the traditional supervision as determined through
the use of a validated risk tool may participate in treatment court if that person meets other
eligibility requirements. A person who does not meet the criteria in this paragraph may be
admitted under an alternative track that is separate from high-risk participants and provides
services modified to meet the risk and need levels of those participants consistent with
evidence-based practices.
new text end

new text begin (b) A person charged with a serious offense, or who has been convicted of or adjudicated
delinquent for a serious offense, may be excluded from participating if the presiding judge,
in consultation with the treatment court team, determines that the person cannot be managed
safely or effectively in treatment court.
new text end

new text begin Subd. 4. new text end

new text begin Statewide requirement for sufficient treatment courts. new text end

new text begin By January 15, 2024,
the Judicial Council shall ensure that every judicial district has sufficient courts operating
within the district or in cooperation with other districts to fill the public safety needs of the
community and the behavioral health challenges facing many participants in the justice
system.
new text end

new text begin Subd. 5. new text end

new text begin Annual report to the legislature. new text end

new text begin The Judicial Council shall submit a report
to the legislature each year on meeting the statewide requirement for sufficient treatment
courts in subdivision 4, including but not limited to information on funding sources,
expenditures, types and locations of courts, number and categories of participants, and
outcome measures designed to assess participant successes and challenges.
new text end

Sec. 2. new text begin APPROPRIATIONS.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
fund to the Minnesota Supreme Court for the purposes of section 484.93.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end