Section 478.009

Title XXXII COURTS

Chapter 478

Effective - 18 Dec 2018, 3 histories, see footnote   

  478.009.  Treatment courts coordinating commission established, members, meetings — duties — fund created. — 1.  In order to coordinate the allocation of resources available to treatment courts established by section 478.001 throughout the state, there is hereby established a "Treatment Courts Coordinating Commission" in the judicial department.  The treatment courts coordinating commission shall consist of one member selected by the director of the department of corrections; one member selected by the director of the department of social services; one member selected by the director of the department of mental health; one member selected by the director of the department of public safety; one member selected by the state courts administrator; and five members selected by the Missouri supreme court, one of which shall be a representative of the prosecuting attorneys of the state and one of which shall be a representative of the criminal defense bar of the state.  The Missouri supreme court shall designate the chair of the commission.  The commission shall periodically meet at the call of the chair; evaluate resources available for assessment and treatment of persons assigned to treatment courts or for the operation of treatment courts; secure grants, funds and other property and services necessary or desirable to facilitate treatment court operation; and allocate such resources among the various treatment courts operating within the state.

  2.  The commission shall establish standards and practices for the various courts of the treatment court divisions, taking into consideration guidelines and principles based on current research and findings relating to practices shown to reduce recidivism of offenders with a substance use disorder or co-occurring disorder.

  3.  Each treatment court division shall adopt policies and practices that are consistent with the standards and practices established by the commission.

  4.  The commission, in cooperation with the office of state courts administrator, shall provide technical assistance to treatment courts to assist them with the implementation of policies and practices consistent with the standards established by the commission.

  5.  A circuit court that operates a treatment court division shall adhere to the commission's established standards and practices in order to operate and be recognized as a functioning treatment court division.

  6.  Treatment courts that do not comply with the commission's standards shall be subject to administrative action, which shall prohibit that treatment court from accepting any new admissions and shall require a written plan for the completion of treatment for any existing participants be submitted to the commission and the office of state courts administrator.  A treatment court receiving administrative action may request authorization for the continuance of operations for a specified period of time.  A request for authorization for continuance of operations shall include a plan of improvement and proposals that would allow for the continued operation for a specified period of time.

  7.  Treatment court programs that collect or assess fees shall follow guidelines established by the commission.

  8.  Treatment court programs shall enter data in the approved statewide case management system as specified by the commission.

  9.  There is hereby established in the state treasury a "Treatment Court Resources Fund", which shall be administered by the treatment courts coordinating commission.  Funds available for allocation or distribution by the treatment courts coordinating commission may be deposited into the treatment court resources fund.  Notwithstanding the provisions of section 33.080 to the contrary, moneys in the treatment court resources fund shall not be transferred or placed to the credit of the general revenue fund of the state at the end of each biennium, but shall remain deposited to the credit of the treatment court resources fund.

  10.  After a date determined by the commission, funds from the treatment court resources fund shall be awarded only to treatment courts that are in compliance with the standards and practices established by the commission.

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(L. 2001 H.B. 471 merged with S.B. 89 & 37, A.L. 2010 H.B. 1695, et al., A.L. 2018 1st Ex. Sess. H.B. 2)

Effective 12-18-18