HF 4138

as introduced - 91st Legislature (2019 - 2020) Posted on 03/04/2020 03:39pm

A bill for an act
relating to judiciary; establishing requirements for certain treatment courts;
proposing coding for new law in Minnesota Statutes, chapter 480.

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

Section 1.

new text begin [480.40] TREATMENT COURTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Serious offense" means a crime of violence as defined in section 624.712, subdivision
5, other than a violation of chapter 152, or a violation of or an attempt or conspiracy to
violate any of the following laws of this state or any similar laws of the United States or
any other state: 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; or 617.246.
new text end

new text begin (c) "Treatment court" means a multiphased, team-oriented program operated within one
or more district courts and presided over by a district court judge 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 are addicted to alcohol
or other drugs, suffering from mental health issues, or both. For purposes of this section,
treatment court does not include family dependency treatment court.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility for funding. new text end

new text begin (a) A treatment court is eligible for funding from the
state if it complies with this section and any rules or policies adopted by the judicial branch
that do not conflict with this section.
new text end

new text begin (b) Nothing in this section prohibits any treatment court from requesting, applying for,
or receiving funding from any other source.
new text end

new text begin Subd. 3. new text end

new text begin Treatment court goals. new text end

new text begin Every treatment court has the following goals for
participants and the community:
new text end

new text begin (1) engage individuals in treatment long enough for participants to experience the benefits
of treatment;
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new text begin (2) successfully intervene in addiction;
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new text begin (3) establish a network of support;
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new text begin (4) reduce recidivism;
new text end

new text begin (5) enhance public safety;
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new text begin (6) ensure participant accountability;
new text end

new text begin (7) reduce costs to society related to criminal activity and physical and mental health;
and
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new text begin (8) appropriately reward participation in, and successful completion of, treatment court.
new text end

new text begin Subd. 4. new text end

new text begin Participant eligibility. new text end

new text begin (a) Participants must meet the diagnostic criteria for a
mental health disorder, a moderate or severe substance use disorder, or a co-occurring
substance use and mental health disorder.
new text end

new text begin (b) Participants must be charged with or under supervision for a misdemeanor, gross
misdemeanor, or felony offense.
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new text begin (c) A person who presents a substantial risk for reoffending or is unlikely to succeed
under traditional supervision as determined through the use of a validated risk tool may
participate in treatment court if that person meets the other eligibility requirements. A person
who does not meet the criteria in this paragraph may be admitted on 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 (d) A person who committed an offense and resides in a county that provides an
appropriate treatment court or that has an agreement with another county that provides an
appropriate treatment court may participate in treatment court.
new text end

new text begin (e) A person charged with a serious offense, or who has been convicted of or adjudicated
delinquent for a serious offense, may be excluded from participation 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 (f) A person who participated successfully or unsuccessfully in treatment court on a
prior occasion may be excluded from participation 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. 5. new text end

new text begin Program requirements. new text end

new text begin (a) Treatment courts shall be available to individuals
who meet the requirements under subdivision 4.
new text end

new text begin (b) Treatment courts shall minimize the time between arrest or probation violation and
entrance into treatment court, and the time between treatment court entry and the first
treatment episode.
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new text begin (c) Treatment courts shall incentivize productive behaviors and include incentives related
to participant sentences, as described in subdivisions 6 and 7, for completion of the program.
new text end

new text begin (d) Treatment courts shall follow best practice standards.
new text end

new text begin (e) Treatment courts shall include multiple program phases and require a minimum of
12 months of participation for participants charged with a felony or gross misdemeanor
offense.
new text end

new text begin (f) Treatment court participants shall appear before the treatment court judge at least
twice monthly during the initial phase of the court.
new text end

new text begin (g) The presiding judge shall be patient, dignified, and courteous to participants and
shall require similar conduct of treatment court staff.
new text end

new text begin (h) The presiding judge shall make the final decisions concerning the imposition of
incentives or sanctions that affect a participant's legal status or liberty, after taking into
consideration the input of the other team members and discussing the matter in court with
the participant or the participant's legal representative. The judge shall rely on the expert
input of trained treatment professionals when imposing treatment-related conditions.
new text end

new text begin (i) Treatment courts shall strive to have participants appear before the same presiding
judge throughout the participant's enrollment period. The length of term for treatment court
judges shall be a minimum of two years. The presiding judge shall spend sufficient time
during status hearings reviewing each participant's progress in the program.
new text end

new text begin (j) Treatment courts shall incorporate a nonadversarial approach that recognizes the
distinct roles of the prosecution and defense counsel and preserves due process.
new text end

new text begin (k) Before admission into treatment court, defense counsel shall inform potential
participants of their basic due process rights; describe the expectations treatment courts
have of participants, including but not limited to regular appearances in court, drug and
alcohol testing, and participation in treatment; and review the potential sanctions and
incentives related to treatment court.
new text end

new text begin (l) Treatment courts shall have written policies and procedures for drug and alcohol
testing related to sample collection, sample analysis, and result reporting. Participants shall
receive a clear and comprehensive explanation of their rights and responsibilities related to
drug and alcohol testing, and all testing shall be random, frequent, and observed.
new text end

new text begin (m) Treatment courts shall provide prompt access to a continuum of approved substance
abuse and mental health services based on a standardized assessment of each participant's
treatment needs. Treatment plans shall be individualized for each participant based on the
results of the initial assessment and ongoing assessments. Progression by participants through
the treatment court shall be based upon the individual's progress with the treatment plan
and compliance with court requirements. Adjustments to the level of care shall be predicated
on each participant's response to treatment and shall not be tied to the programmatic phase
structure.
new text end

new text begin (n) Treatment courts shall provide or refer participants for treatment and social services
to address conditions that are likely to interfere with their response to substance abuse or
mental health treatment, increase criminal recidivism, or diminish long-term treatment gains.
new text end

new text begin (o) Immediate, graduated, and individualized sanctions shall govern the responses of
the treatment court to each participant's noncompliance.
new text end

new text begin (p) Unless a participant poses an immediate risk to public safety, jail sanctions shall be
administered after less severe consequences have been ineffective at deterring infractions.
Jail sanctions shall be definite in duration and shall typically last no more than three to five
days. Participants shall be given access to counsel and a fair hearing if a jail sanction might
be imposed.
new text end

new text begin (q) A treatment court in a county other than one in which a person committed an offense
shall accept the person as a treatment court participant if the county provides an appropriate
treatment court and either of the following conditions apply:
new text end

new text begin (1) the person resides in the county; or
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new text begin (2) the treatment court has an agreement to provide services to the county in which the
person committed an offense or resides.
new text end

new text begin With the consent of the person, a court shall transfer jurisdiction over an offender to a county
that accepts the person as a treatment court participant.
new text end

new text begin (r) The judicial branch may adopt additional treatment court requirements that do not
conflict with the provisions in this subdivision.
new text end

new text begin Subd. 6. new text end

new text begin Incentives; participants accepted after August 1, 2020. new text end

new text begin (a) In addition to
any incentives that do not directly affect a person's sentence, participants entering treatment
court on or after August 1, 2020, shall be entitled to the appropriate incentives identified in
this subdivision.
new text end

new text begin (b) Notwithstanding section 609.095, paragraph (b), for a person charged with a nonfelony
violation, the court shall, without entering a judgment of guilty, defer further prosecution
and place the person on probation upon such reasonable conditions as it may require,
including but not limited to participation in treatment court. Upon violation of a condition
of the probation, the court may enter an adjudication of guilt and proceed as otherwise
provided. If during the period of probation the person does not violate any of the conditions
of the probation, then upon expiration of the period the court shall discharge the person and
dismiss the proceedings against that person. Discharge and dismissal under this subdivision
shall be without court adjudication of guilt, but a not public record shall be retained by the
Bureau of Criminal Apprehension for use by the courts in determining the merits of
subsequent proceedings against the person. The not public record may also be opened only
upon court order for purposes of a criminal investigation, prosecution, or sentencing. Upon
request by law enforcement, prosecution, or corrections authorities, the bureau shall notify
the requesting party of the existence of the not public record and the right to seek a court
order to open it pursuant to this section. The court shall forward a record of any discharge
and dismissal under this subdivision to the bureau, which shall make and maintain the not
public record of it as provided under this subdivision. The discharge or dismissal shall not
be deemed a conviction for purposes of disqualifications or disabilities imposed by law
upon conviction of a crime or for any other purpose.
new text end

new text begin (c) Notwithstanding any law to the contrary, for a person charged with a felony violation
other than a serious offense, the court may either proceed pursuant to paragraph (a) or stay
imposition of the sentence.
new text end

new text begin (d) Notwithstanding any law to the contrary, for a person charged with a serious offense,
the court may either stay imposition or execution of the sentence.
new text end

new text begin (e) Upon a participant's successful completion of treatment court, the court shall discharge
the person from probation before the expiration of the maximum period prescribed for the
person's probation.
new text end

new text begin Subd. 7. new text end

new text begin Incentives; participants accepted before August 1, 2020. new text end

new text begin In addition to any
incentives that do not directly affect a person's sentence, participants who entered but did
not complete treatment court before August 1, 2020, shall be discharged from probation
before the expiration of the maximum period prescribed for the person's probation upon
successful completion of treatment court.
new text end

new text begin Subd. 8. new text end

new text begin Termination. new text end

new text begin Participants may be terminated from treatment court if they can
no longer be managed safely in the community or if they repeatedly fail to comply with
treatment or supervision requirements. Termination shall not occur for continued substance
use unless it is in conjunction with noncompliance in treatment, supervision, or both, or the
presiding judge, in consultation with the treatment court team, determines that the participant
is no longer amenable to treatment.
new text end

new text begin Subd. 9. new text end

new text begin Report. new text end

new text begin Treatment courts shall report outcome and other data as required by
the State Court Administrator's Office, including information to assess compliance with the
standards. A copy of any reports shall be made available to the chairs and ranking minority
members of the senate and house of representatives committees and divisions having
jurisdiction over public safety finance.
new text end