Section 490-G:2

    490-G:2 Implementation of Drug Courts. –
I. (a) Each superior or circuit court may establish one or more drug courts under which drug offenders may be processed to address appropriately an identified substance abuse problem. "Drug court" means a judicial intervention process that incorporates and substantially complies with the Ten Key Components listed in subparagraph (b) and may include:
(1) "Pre-adjudication" where a drug offender is ordered to participate in drug court before charges are filed or before conviction;
(2) "Post-adjudication" where a drug offender is ordered to participate in drug court after entering a plea of guilty or nolo contendre or having been found guilty;
(3) "Reentry" where a drug offender is ordered to participate in drug court upon release from a sentence of incarceration; or
(4) "Combination program" which may include pre-adjudication, post-adjudication, and/or reentry.
(b) "Ten Key Components" as outlined in the Model Drug Offender Accountability and Treatment Act and as defined by the United States Department of Justice, are:
(1) Drug courts integrate alcohol and other drug treatment services with justice system case processing;
(2) Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants' (drug offenders') due process rights;
(3) Eligible participants (drug offenders) are identified early and promptly placed in the drug court program;
(4) Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services;
(5) Abstinence is monitored by frequent alcohol and other drug testing;
(6) A coordinated strategy governs drug court responses to participants' (drug offenders') compliance;
(7) Ongoing judicial interaction with each drug court participant (drug offender) is essential;
(8) Monitoring and evaluation measure the achievement of program (drug court) goals and gauge effectiveness;
(9) Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations; and
(10) Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court effectiveness.
II. Upon successful completion of a program recommended by the drug court, a drug offender's case may be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug court. This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.
III. A person sentenced by a drug court may, at least one year after successful completion of all programs and conditions imposed by the drug court, petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the drug court.
IV. The drug court may convene a local steering committee made up of community leaders who can provide support for the drug court.

Source. 2012, 218:1, eff. Jan. 1, 2013.