Section 478.001

Title XXXII COURTS

Chapter 478

Effective - 28 Aug 2010, 3 histories, see footnote   (history) 

  478.001.  Drug courts, establishment, purpose — referrals to certified treatment programs required, exceptions — completion of treatment program, effect — DWI docket permitted, certain circuits. — 1.  Drug courts may be established by any circuit court pursuant to sections 478.001 to 478.006 to provide an alternative for the judicial system to dispose of cases which stem from drug use.  A drug court shall combine judicial supervision, drug testing and treatment of drug court participants.  Except for good cause found by the court, a drug court making a referral for substance abuse treatment, when such program will receive state or federal funds in connection with such referral, shall refer the person only to a program which is certified by the department of mental health, unless no appropriate certified treatment program is located within the same county as the drug court.  Upon successful completion of the treatment program, the charges, petition or penalty against a drug court participant may be dismissed, reduced or modified.  Any fees received by a court from a defendant as payment for substance treatment programs shall not be considered court costs, charges or fines.

  2.  Under sections 478.001 to 478.007, a DWI docket may be established by a circuit court, or any county with a charter form of government and with more than six hundred thousand but fewer than seven hundred thousand inhabitants with a county municipal court established under section 66.010, to provide an alternative for the judicial system to dispose of cases which stem from driving while intoxicated.  A drug court commissioner may serve as a commissioner in a DWI court or any other treatment or problem-solving court as designated by the drug court coordinating commission.  Drug court commissioners may serve in counties other than the county they are appointed upon agreement by the presiding judge of that circuit^* and assignment by the supreme court.

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(L. 1998 H.B. 1147, et al. § 5 subsec. 1, A.L. 1999 S.B. 1, et al., A.L. 2010 H.B. 1695, et al.)

*Word "county" appears in original rolls.