Effective 18 Dec 2018, see footnote

478.004. Meetings prior to treatment court sessions — criminal cases, defendant ordered to treatment court division for treatment, when — accepting participants from outside circuit — opioid treatment. — 1. The treatment court team shall, when practicable, conduct a meeting prior to each treatment court session to discuss and provide updated information regarding the treatment court participant. After determining his or her progress or lack thereof, the treatment court team shall consider the appropriate incentive or sanction to be applied, and the court shall make the final decision based on information presented in the meeting.

2. In any criminal case in the circuit, if it is determined that the defendant meets the criteria for eligibility in the treatment court, the judge presiding over the criminal case may order the defendant to the treatment court division for treatment:

(1) Prior to the entry of the sentence, excluding suspended imposition of sentence (SIS), if the prosecuting attorney consents;

(2) As a condition of probation; or

(3) Upon consideration of a motion to revoke probation.

3. A circuit that has established a treatment court division under this chapter may accept participants from any other jurisdiction in this state based upon either the residence of the participant in the receiving jurisdiction or the unavailability of a treatment court in the transferring jurisdiction. The transfer may occur at any time during the proceedings including, but not limited to, prior to adjudication and during periods when the participant is on probation. The receiving court shall have jurisdiction to impose a sentence including, but not limited to, sanctions, incentives, incarceration, and phase changes. A transfer under this subsection is not valid unless it is agreed to by the following:

(1) The parties to the action;

(2) The judge or commissioner of the transferring court; and

(3) The judge or commissioner of the receiving treatment court.

­­If the defendant assigned to treatment court is terminated from the treatment court, the case shall be returned to the transferring court for disposition.

4. If a treatment court participant requires treatment for opioid or other substance misuse or dependence, a treatment court shall not prohibit such participant from participating in and receiving medication-assisted treatment under the care of a physician licensed in this state to practice medicine. A treatment court participant shall not be required to refrain from using medication-assisted treatment as a term or condition of successful completion of the treatment court program.

5. A treatment court participant assigned to a treatment program for opioid or other substance misuse or dependence shall not be in violation of the terms or conditions of the treatment court on the basis of his or her participation in medication-assisted treatment under the care of a physician licensed in this state to practice medicine.

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(L. 2017 S.B. 501, A.L. 2018 1st Ex. Sess. H.B. 2)

Effective 12-18-18