Supreme Court issues updated drug court policies and procedures | Local News

On Thursday, September 12, 2024, the Supreme Court approved updates to the Drug Court's policies and procedures. The policies and procedures guide Drug Court staff in their efforts to guide participants through substance use disorder treatment. The policies and procedures were first issued on December 15, 2016, and were amended in May 2017, April 2020, and February 2023. The Drug Court regularly updates its policies and procedures to reflect national best practice standards, current practice considerations, and the unique geography of the Commonwealth as the Drug Court program evolves.

“The Supreme Court's approval of these updates reflects our ongoing commitment to ensuring that Drug Court operates with the highest standards of fairness, accountability, and support for people with substance use disorders. By refining these policies, we are strengthening the court's ability to adapt to the unique needs of our community and its participants while remaining true to the principles of justice and rehabilitation,” said Chief Justice Alexandro C. Castro.

This latest change, which takes effect on September 12, 2024, is the result of a collaboration among key drug court stakeholders. Meetings to amend the P&P included Judge Teresa Kim-Tenorio, drug court staff, the Attorney General's Office, the Public Defender's Office, the Department of Justice, the Department of Public Safety, and the Community Guidance Center. The drug court team made improvements in language, consistency, consideration of current practice, and adherence to national best practice standards. Key changes include:

1. Potential participants can now waive the presence of their lawyer at the initial admission and examination;

2. Increase the award limit for criminal drug court claims from $3,000 to $5,000 and eliminate the exception for awards owed to insurance companies, corporations, or other entities;

3. An additional provision requiring participants to pay the costs associated with contesting a positive drug test if they later admit to drug use that was the basis for contesting the test;

4. Additional ability for the Attorney General’s Office to direct the drug court to initiate a dismissal process; and

5. Participants in a termination hearing shall be given the opportunity to choose between a defense attorney appointed by the drug court and their original criminal defense attorney.

These changes refine Drug Court's intake procedures and give participants more flexibility in choosing their legal representation. They will support the Drug Court program in its mission to improve the lives of individuals struggling with substance use disorders. Drug Court is a multidisciplinary collaboration that utilizes evidence-based and culturally sensitive treatment services to promote abstinence and community wellness in the Commonwealth. Updating the P&P will enable Drug Court to fulfill this mission in the face of an ever-changing substance abuse treatment landscape. (PR)