5-9-152. Suit to enforce collection or transmittal of
fines; failure to transmit constitutes cause for removal from office; liability on judge's bond.
(a) If it is apparent through examination conducted by the Wyoming supreme court, or by other means, that any fines or forfeitures have not been transmitted, the county attorney shall bring suit to enforce the collection or transmittal, or both. Failure to transmit fines, forfeitures or costs is misconduct which constitutes cause for removal from office.
(b) Repealed By Laws 2011, Ch. 57, § 1.
department of audit, attorney general and county attorneys permitted. The records kept by a judge of a circuit court shall be public and available for examination during the regular business hours of the court. The state department of audit, Wyoming supreme court, the attorney general or the county attorney of the particular county in which the circuit court is situated may examine them at any time upon demand.
5-9-154. Electronic submittal of fees, fines, bonds and penalties.
(a) The supreme court may authorize, develop and implement an electronic transaction system via internet technology or similar medium for submittal of payment to the circuit courts of all fees, penalties and fines and bonds for misdemeanor offenses for which bond may be posted and forfeited. The supreme court shall ensure that any electronic transaction system implemented shall ensure compliance with W.S. 5-9-144, 5-9-146, 5-9-149 and any other applicable provisions of law. The supreme court shall further ensure that the adopted electronic transaction system provides for efficient, safe, secure and accurate transactions.
(b) The supreme court may accept payment through the electronic system by credit card, direct withdrawal or any other negotiable instrument under W.S. 9-4-217(h).
(c) Any fees assessed for processing a credit card payment shall be borne by the person tendering payment.
(a) A full-time magistrate of the circuit court under W.S. 5-9-206 shall be a qualified elector and a resident of the county for which appointed.
(b) A part-time magistrate of the circuit court under W.S. 5-9-210 shall be a qualified elector and a resident of the district within which the circuit court is located.
5-9-202. Circuit court to enter order appointing magistrates.
The circuit court in open court shall enter an order appointing each full-time magistrate of the circuit court under W.S. 5-9-206 and each part-time magistrate of the circuit court under W.S. 5-9-210 and shall enter the order upon the journal. A certified copy of the journal entry shall be evidence of the appointment in all courts of this state.
Magistrates of the circuit court, before entering upon the discharge of their official duties, shall take and subscribe before a circuit court judge or a clerk of a court of record the oath of office prescribed by the constitution of Wyoming.
Each magistrate of the circuit court shall enter a record of his official actions in a journal in the circuit court. The entries shall be signed by the magistrate.
(a) In every county receiving the services of a circuit court and wherein a circuit court judge does not reside, there may be one (1) full-time magistrate who shall meet the qualifications under W.S. 5-9-201.
(b) Upon determination by the supreme court after consultation with the appropriate board of county commissioners, that a full-time magistrate is necessary, all of the circuit judges whose circuit includes the county together shall agree upon a person to fill the office of a full-time magistrate under subsection (a) of this section. The name of the agreed upon person shall be submitted for approval or rejection to the board of county commissioners of the county wherein the full-time magistrate will serve. Upon approval by the board, the circuit court shall appoint the person as a magistrate as provided in W.S. 5-9-202.
(c) When a vacancy occurs in the office of a full-time magistrate, the supreme court shall determine whether a full-time magistrate shall be appointed. In making its determination, the supreme court shall take into account whether one (1) or more part-time magistrates will sufficiently meet the needs of the county. If the supreme court after consultation with the appropriate board of county commissioners, determines that a full-time magistrate shall not be appointed, one (1) or more part-time magistrates shall be appointed as provided in W.S. 5-9-210.
5-9-207. Full-time magistrates; term of office; retention; removal.
(a) The term of office of each full-time magistrate selected under W.S. 5-9-206 and appointed under W.S. 5-9-202 shall be four (4) years. The magistrate shall serve for one (1) year after that person's appointment and until the first Monday in January following the next general election after the expiration of that year.
(b) At the general election, the full-time magistrate shall stand for retention in office in the county wherein the magistrate was appointed. Irrespective of any vote of the electorate whereby the magistrate is retained in office, the circuit judges of the circuit by unanimous vote may remove the magistrate.
5-9-208. Full-time magistrates; powers of magistrates who
are authorized to practice law; powers of magistrates who are not authorized to practice law.
(a) At the direction of the circuit judges of a circuit or the supreme court, a full-time magistrate of the circuit court who is authorized to practice law in Wyoming may perform all of the duties of a circuit court judge presiding in circuit court as authorized by law and rules. Upon direction, the magistrate shall have all of the powers of a circuit court judge presiding in circuit court as authorized by law and rules. A magistrate shall not preside in or hear or decide any district court proceeding or case in circuit court pursuant to assignment under W.S. 5-3-112.
(b) Notwithstanding subsection (a) of this section and upon request and consent of all parties to a proceeding or case in circuit court and subject to the approval of the circuit judge presiding in the proceeding or case, a full-time magistrate who is authorized to practice law in Wyoming may hear and determine any and all matters relating to the proceeding or case that are within the jurisdiction of the circuit court, except the magistrate shall not preside in or hear or decide any district court proceeding or case in circuit court pursuant to assignment under W.S. 5-3-112.
(c) At the direction of the circuit court judges of a circuit court, a full-time magistrate of the circuit court who is not authorized to practice law in Wyoming may within the county from which appointed:
(i) Administer an oath or affirmation authorized or required by law to be administered;
(ii) Take acknowledgment of deeds, mortgages and other instruments in writing;
(iii) Perform marriage ceremonies;
(iv) Issue subpoenas for witnesses, and require their attendance in causes or matters pending before them, or other cause or matter wherein they may be required to take depositions;
(v) Try the action for forcible entry and detainer, as set forth in W.S. 1-21-1001 through 1-21-1016;
(vi) Proceed against sureties for costs and amount of bail, on the stay of execution on their dockets;
(vii) Issue attachments, executions and garnishments, and proceed against the goods and effects of debtors in certain cases, as provided by law;
(viii) Issue executions on judgments rendered by them;
(ix) Try the right of the claimant to property taken in execution, garnishment or on attachment;
(x) Try all civil actions where the amount in controversy, exclusive of costs, does not exceed five thousand dollars ($5,000.00);
(xi) Try an action upon bonds, conditioned for the payment of money, where the amount claimed does not exceed two hundred dollars ($200.00), though the penalty exceeds that sum, the judgment to be given for the sum actually due;
(xii) Hear and determine an action brought upon any instrument payable in installments, as each installment becomes due, when such instrument and amounts shall be within the magistrate's jurisdiction;
(xiii) Enter the following judgments, when the amount does not exceed the magistrate's jurisdiction:
(A) Judgment by default;
(B) Summary judgment;
(C) Judgment on the pleadings;
(D) Judgment on the confession of a party;
(E) Set aside default judgments; and
(F) Issue any order a circuit judge can enter in chambers.
(xiv) Try an action for disposition of an abandoned vehicle as provided by W.S. 31-13-112(e), regardless of the value of the abandoned vehicle;
(xv) Issue warrants or summonses in criminal cases in accordance with the rules promulgated by the Wyoming supreme court. A warrant or summons issued by the magistrate charging any crime may be executed or served at any place within the state;
(xvi) Set bail in criminal proceedings, including bail for witnesses, in accordance with the provisions of W.S. 5-9-132(a) and the rules promulgated by the Wyoming supreme court;
(xvii) In accordance with the Wyoming Rules of Criminal Procedure, conduct extradition proceedings, initial appearances and preliminary examinations for persons charged with felonies;
(xviii) Arraign, try, and sentence defendants in criminal cases amounting to misdemeanors for which the punishment prescribed by law does not exceed imprisonment for more than one (1) year, regardless of the amount of the fine that may be imposed. In relation to such misdemeanors, this includes the power to accept plea agreements, order the examination of a defendant who enters a plea of not guilty by reason of mental illness or deficiency or not triable by reason of mental illness or deficiency, order presentence investigations, order substance abuse evaluations, order and conduct pretrial conferences, enter orders for sentencing, impose sentence, impose terms of probation, issue orders to show cause, conduct show cause hearings and enter such other orders as a circuit judge may enter in chambers when the circuit judge is unavailable, when the judge has recused himself from the case or when the judge has been peremptorily disqualified from hearing a case. In criminal cases where a full-time magistrate may sentence a defendant to imprisonment for not more than one (1) year and the law authorizes imposition of a term of probation that exceeds the maximum term of incarceration established for the offense, the magistrate may sentence the defendant to probation as authorized by such law;
(xix) Correct an illegal sentence imposed in a criminal case or reduce a sentence at any time;
(xx) Preserve and enforce order in his immediate presence and in the proceedings before him; and
(xxi) Hear and issue orders in peace bond, stalking and domestic violence cases under Wyoming statutes, title 7, chapter 3 and title 35, chapter 21.
A full-time magistrate of the circuit court shall receive an annual salary and benefits as determined by the legislature. The salary and benefits shall be paid by the state in equal monthly allotments.
(a) In a county receiving the services of a circuit court and whether or not a circuit court judge resides in the county, there may be one (1) or more part-time magistrates each of whom shall meet the qualifications under W.S. 5-9-201 and each shall be appointed as provided in subsection (b) of this section.
(b) If a circuit court judge finds the public interest requires a magistrate for any county within that judge's circuit irrespective of where the circuit court judge resides, then the circuit judge shall submit the name of the person for approval or rejection to the board of county commissioners of the county wherein the magistrate will serve. Upon approval by the board, the circuit court shall appoint the part-time magistrate as provided in W.S 5-9-202.
(a) At the direction of the circuit judges of a circuit or the supreme court, a part-time magistrate of the circuit court shall have the powers in respect to every suit or proceeding pending in the circuit court of the county for which he was appointed as follows:
(i) Administer an oath or affirmation authorized or required by law to be administered;
(ii) Take acknowledgment of deeds, mortgages and other instruments in writing;
(iii) Perform marriage ceremonies;
(iv) Issue subpoenas for witnesses, and coerce their attendance in causes or matters pending before them, or other cause or matter wherein they may be required to take depositions;
(v) Try the action for forcible entry and detainer, as set forth in W.S. 1-21-1001 through 1-21-1016;
(vi) Proceed against sureties for costs and amount of bail, on the stay of execution on their dockets;
(vii) Enter the following judgments, when the amount does not exceed the magistrate's jurisdiction:
(A) Judgment by default;
(B) Summary judgment;
(C) Judgment on the pleadings;
(D) Judgment on the confession of a party;
(E) Set aside default judgments; and
(F) Issue any order a circuit judge can enter in chambers.
(viii) Try an action for disposition of an abandoned vehicle as provided by W.S. 31-13-112(e), regardless of the value of the abandoned vehicle;
(ix) Issue warrants, including search warrants and arrest warrants, or summonses in criminal cases in accordance with the rules promulgated by the Wyoming supreme court. A warrant or summons issued by the magistrate charging any crime may be executed or served at any place within the state;
(x) Set bail in criminal proceedings, including bail for witnesses, in accordance with the provisions of W.S. 5-9-132(a) and the rules promulgated by the Wyoming supreme court;
(xi) In accordance with the Wyoming Rules of Criminal Procedure, conduct extradition proceedings, initial appearances and preliminary examinations for persons charged with felonies;
(xii) Preserve and enforce order in his immediate presence and in the proceedings before him;
(xiii) Hear and issue orders in peace bond, stalking and domestic violence cases under Wyoming Statutes title 7, chapter 20 and title 35, chapter 21;
(xiv) Conduct small claims trials;
(xv) In misdemeanor cases, to conduct arraignments, accept plea agreements, order the examination of a defendant who enters a plea of not guilty by reason of mental illness or deficiency or not triable by reason of mental illness or deficiency, order presentence investigations, order substance abuse evaluations, order and conduct pretrial conferences, enter orders for sentencing, impose sentence, impose terms of probation, issue orders to show cause, conduct show cause hearings, and enter such other orders as a circuit judge may enter in chambers when the circuit judge is unavailable, when the judge has recused himself from a case or when the judge has been peremptorily disqualified from hearing a case.
(b) Notwithstanding subsection (a) of this section and upon request and consent of all parties to a proceeding or case in circuit court and subject to the approval of the circuit judge presiding in the proceeding or case, a part-time magistrate who is authorized to practice law in Wyoming may hear and determine any and all matters relating to the proceeding or case that are within the jurisdiction of the circuit court, except the magistrate shall not preside in or hear or decide any district court proceeding or case in circuit court pursuant to assignment under W.S. 5-3-112.
A part-time magistrate of the circuit court shall be paid by the state. A claim for compensation under this section shall be made by voucher, verified under oath, setting forth in detail the services performed, time expended and amount of compensation claimed. No claim for compensation under this section shall be paid unless approved and allowed by a judge of the circuit court.
5-9-214. Circuit court to review orders; approval or disapproval.
The circuit court shall at each term review and approve or disapprove, reverse or modify orders made by, and proceedings had before, magistrates in proceedings under W.S. 5-9-208(c)(v),
(vii) through (ix), (xiii)(F) and (xvii) and 5-9-212(a)(v), (vii), (xi) and (xiii) through (xv).
membership; powers and duties; compensation; report required.
(a) The Wyoming court security commission is created under the supervision of the Wyoming supreme court. The commission shall be composed of the director of the department of homeland security or the director's designee and nine (9) additional members who shall be appointed for a term of three (3) years commencing July 1, 2008, who may be reappointed to serve subsequent terms. The nine (9) additional members shall include:
(i) One (1) justice of the Wyoming supreme court, appointed by the chief justice;
(ii) One (1) district court judge, appointed by the board of judicial policy and administration;
(iii) One (1) circuit court judge, appointed by the board of judicial policy and administration;
(iv) One (1) county commissioner, appointed by the governor;
(v) One (1) county sheriff, appointed by the governor;
(vi) One (1) representative of the Wyoming peace officer's standards and training commission, appointed by the governor;
(vii) Two (2) legislators, one (1) from each house, appointed by the speaker of the house and president of the senate respectively;
(viii) One (1) district attorney or county attorney, appointed by the governor.
(b) Nonlegislative members of the commission shall receive no compensation, but shall be reimbursed under W.S. 9-3-102 and 9-3-103 for per diem and travel expenses incurred in the performance of their duties on the commission.
(c) The legislative members shall receive salary and reimbursement for per diem and travel expenses incurred in the performance of their duties on the commission, as provided in W.S. 28-5-101.
(d) The commission shall meet at least two (2) times per year.
(e) The commission shall:
(i) Establish standards to protect life, property and the judicial process in the Wyoming court system. In establishing the standards, the commission shall recommend proper levels of court security to each county with due consideration of each county's size, use of court facilities and security risks. The standards shall include:
(A) Requirements concerning equipment, facilities and architecture for court security purposes;
(B) Basic training requirements for peace officers authorized to act as court security officers;
(C) Basic protocol and procedures for court security; and
(D) Requirements for the establishment of local court security management committees.
(ii) Visit and inspect any court security program at any appropriate time;
(iii) Recommend to the legislature the distribution of funds to counties as may from time to time be appropriated by the legislature for the provision of court security;
(iv) Report no later than September 1, 2009, and annually thereafter to the governor, chief justice of the supreme court, joint judiciary interim committee and the joint appropriations interim committee on the status of court security in the state.
(f) The supreme court shall provide necessary administrative support for the commission.
5-12-101. Short title; court supervised treatment.
(a) This act shall be known as and may be cited as the "Court Supervised Treatment Programs Act."
(b) Any district, juvenile, circuit, municipal or tribal court judge or circuit court magistrate may act as a participating judge in a court supervised treatment program established pursuant to this act.
A judge participating in a court supervised treatment program shall be entitled to immunity for actions taken in a court supervised treatment program to the same extent the judge would be entitled to immunity for other actions performed in accordance with law.
(a) As used in this act:
(i) "Account" means the court supervised treatment account created by W.S. 5-12-107(a);
(ii) "Applicant" means one (1) or more governing bodies of a city, town or county, a tribal government of either the Northern Arapaho or Eastern Shoshone tribes of the Wind River Indian Reservation or a nonprofit organization recognized under 26 U.S.C. 501(c)(3);
(iii) "Continuum of care" means a seamless and coordinated course of substance use disorder education and treatment, mental health treatment or any combination thereof designed to meet the needs of participants;
(iv) "Department" means the Wyoming department of health;
(v) "Dual diagnosis" means a substance use disorder and a co-occurring mental health disorder;
(vi) "Participant" means a person with a mental illness or a dual diagnosis who committed or is alleged to have committed an offense, including those who have had law enforcement contact for such offenses with or without arrest, or a substance offender or any other person as provided in title 14 of the Wyoming statutes who has been referred to and accepted into a program;
(vii) "Participating judge" means the district, juvenile, circuit, chancery, municipal or tribal court judge or magistrate or retired district, circuit or chancery court judge acting as part of a program team;
(viii) "Program" means one (1) or more local court supervised treatment or mental health programs that comply with rules and regulations adopted by the Wyoming supreme court;
(ix) "Program coordinator" means the person responsible for coordinating the establishment, operation, evaluation and integrity of a program;
(x) "Program team" means the team created pursuant to W.S. 5-12-111(a);
(xi) "Recidivism" means any subsequent criminal charge;
(xii) "Referring judge" means the district, juvenile, circuit, municipal or tribal court judge or magistrate who refers a participant to a program;
(xiii) "Staffing" means the meeting of a program team before a participant's entry into the program, and during the participant's participation in the program, to plan a coordinated response to the participant's behaviors and needs;
(xiv) "Substance" means alcohol, any controlled substance as defined in W.S. 35-7-1002(a)(iv), any substance used for mind altering purpose or over-the-counter medications and inhalants which are used in a manner not intended by the manufacturer;
(xv) "Substance use disorder assessment" means as defined in W.S. 7-13-1301(a)(v);
(xvi) "Substance use disorder treatment" means treatment designed to provide education, therapy and medication, as appropriate, directed toward ending a substance use disorder and preventing its return;
(xvii) "Substance offender" means a person arrested for, charged with or adjudicated for a substance related offense or an offense in which substance use is determined from the evidence to have been a significant factor in the commission of the offense;
(xviii) "Mental health treatment" means medication, therapy and prescribed care designed to address disturbances in behavior, emotions, thoughts or judgment after an evaluation and mental health diagnosis or diagnostic impression has occurred;
(xix) For purposes of W.S. 5-12-101 through 5-12-118, "mental illness" means schizophrenia, schizoaffective disorder, major depressive disorder, post-traumatic stress disorder or bipolar disorder, as diagnosed by a mental health professional;
(xx) "Substance use disorder" means as defined by W.S. 35-1-613(a)(viii);
(xxi) "This act" means W.S. 5-12-101 through 5-12-118.
(a) The legislature recognizes the critical need in this state for treatment programs to break the cycle of substance use disorders, unmet mental health needs and the crimes committed as a result thereof. Programs shall be facilitated by combining judicial supervision, probation, substance use disorder assessment, mental health screening, substance use disorder testing, monitoring, treatment or aftercare for participants.
(b) The goals of the programs funded under this act shall be:
(i) To reduce recidivism by participants;
(ii) To strive for program retention and graduation of participants;
(iii) To strive for recovery and mental wellness of participants;
(iv) To reduce the number of people with mental illness in jail, criminal court proceedings and the state hospital; and
(v) To monitor the services provided to participants.
(a) Attorneys, participating judges and referring judges shall adhere to the standards set forth in the Wyoming Rules of Professional Conduct for Attorneys at Law, the Wyoming Code of Judicial Conduct and any rules adopted by the supreme court governing program practices.
(b) Referring judges in a particular case may be a participating judge in that participant's treatment program, provided the participating judge shall not act upon any motion to revoke probation that may be filed in the original criminal or juvenile case, nor in sentencing or disposition.
5-12-107. Establishment of court supervised program
account; rules and regulations; panel created; program funding.
(a) There is created a court supervised treatment program account. All interest earned on funds within this account shall be deposited in the account. The supreme court shall oversee and provide funding for programs from the court supervised treatment program account. Funds within the account shall be expended by the supreme court for the purposes of this act upon legislative appropriation provided, however, that surcharges deposited in the account pursuant to W.S. 5-12-118(e) shall be distributed to programs by the supreme court semiannually.
(b) The supreme court shall determine whether an application for a program meets the qualifications specified in W.S. 5-12-118(b) and the rules and regulations promulgated by the supreme court pursuant to subsection (c) of this section.
(c) Except as otherwise provided in this subsection, the supreme court shall promulgate rules and regulations necessary to implement this act, including establishing standards consistent with the key components of drug courts defined by the United States department of justice or such similar rules as may be adopted by the supreme court. The department of health, in consultation with the supreme court, shall promulgate rules for certification and accreditation requirements for treatment personnel. The rules promulgated by the supreme court shall:
(i) Specify funding formulas for funding from the account which formula shall include provisions requiring local contribution to the cost of a program;
(ii) Repealed by Laws 2025, ch. 160, § 2.
(iii) Establish program requirements, operational standards and protocols for programs, program team and staff training requirements, program data collection and maintenance and incentive and sanction limitations.
(d) The supreme court shall make the final determination whether an application for a court supervised treatment program meets the qualifications of this act and shall determine the funding amount for each successful applicant. The supreme court may deny an application for a new program if the funding for the new program would substantially affect funding levels for existing programs.
(e) In addition to those funds deposited in the account created by this section, the supreme court may accept, and shall deposit to the account, any gifts, contributions, donations, grants or federal funds specifically given to the supreme court for the benefit of programs in Wyoming.
(f) Nothing in this act shall prohibit a program from obtaining or providing supplemental funding. All supplemental funds received by a program shall be reported to the supreme court.
5-12-108. Establishment of court supervised treatment programs.
(a) Any court supervised treatment program that meets the qualifications specified in this section and the supreme court's rules and regulations may apply for funding from the account on a form developed by the supreme court.
(b) The applicant shall be the contracting agent for all its program contracts. All program employees of a program shall be employees of the applicant that was awarded a grant under this section, but referring judges, participating judges, other judicial branch personnel and department of corrections personnel shall not be program employees. All program funds and grants shall be managed by the applicant to whom a grant is awarded pursuant to the provisions of a contract between the supreme court and the applicant.
(c) All program billing shall be the responsibility of the applicant.
(d) The application shall identify participating judges and contain a plan for the participation of judges. The plan shall be consistent with rules adopted by the supreme court.
(e) The application shall specify the treatment services to be provided by the program and shall identify the treatment providers.
(f) The application shall include other information that may be required by the supreme court.
5-12-109. Participation in programs; conditions; extended probation.
(a) Repealed by Laws 2025, ch. 160, § 2.
(b) Any district, juvenile, circuit, municipal or tribal court judge, or magistrate, may refer a participant to a program.
(i) Repealed by Laws 2025, ch. 160, § 2.
(ii) Repealed by Laws 2025, ch. 160, § 2.
(iii) Repealed by Laws 2025, ch. 160, § 2.
(iv) Repealed by Laws 2025, ch. 160, § 2.
(c) Referral and participation in a program and consent to participate shall be governed by the rules adopted by the supreme court and title 14 for juvenile participants. Consent shall also be in accordance with a written agreement between the participant and the program team. The agreement shall include the participant's consent to release of medical and other records relevant to his treatment history and assessment that meets the requirements of 42 U.S.C. 290dd-2(b) or 42 C.F.R. part 2.31, as applicable. Prior to a participant's entry into a written agreement, the participant shall be informed that he may be subject to a term of probation that exceeds the maximum term of imprisonment established for the particular offense charged, as provided in W.S. 5-9-134 and 5-12-116.
(d) Nothing in this act shall confer a right or an expectation of a right to participate in a program, nor does this act obligate a program team to accept any proposed participant. Neither the establishment of a program nor anything herein contained shall be construed as limiting the discretion of a prosecuting attorney in regard to the prosecution of any criminal or juvenile case.
(e) A program may accept participants from any other jurisdiction in the state.
5-12-110. Incentives and sanctions; extended probation.
(a) The participating judge may grant reasonable incentives under the written agreement under W.S. 5-12-109(c) if he finds that since the last staffing, the participant:
(i) Is performing satisfactorily in the program;
(ii) Is benefiting from the program; and
(iii) Has not violated any term or condition of the agreement.
(b) The participating judge may impose reasonable sanctions under the written agreement, including but not limited to, expulsion from the program, incarceration for a period not to exceed thirty (30) days if the participant is an adult participating in a program post-adjudication, or detention for a period not to exceed thirty (30) days if the participant is a juvenile participating in a program post-adjudication, if the participating judge finds that since the last staffing the participant:
(i) Is not performing satisfactorily in the program;
(ii) Is not benefiting from the program;
(iii) Has engaged in conduct rendering the participant unsuitable for the program;
(iv) Has otherwise violated any term or condition of the written agreement; or
(v) Is unable to participate in the program.
(c) To ensure due process of law, expulsion from the program shall be at the discretion of the participating judge, following a hearing, based on the recommendation of the program team. Expulsion shall not occur without the participant first being notified of the reasons for the proposed expulsion and given an opportunity to be heard by the program team and the participating judge.
5-12-111. Program team to be created; duties; program coordinator.
(a) Each applicant seeking to establish a program shall create a program team, consisting of the following members, all of whom shall be appointed by the applicant, subject to the individual consent of each appointee:
(i) A participating judge;
(ii) A prosecuting attorney;
(iii) An attorney who practices criminal defense or serves as a guardian ad litem;
(iv) A representative of the treatment providers;
(v) The probation officer or other person who supervises participants;
(vi) The program coordinator; and
(vii) Other persons determined necessary and helpful by the participating judge.
(b) The program team shall, when practicable, conduct a staffing prior to each program session to discuss and provide updated information regarding participants scheduled to appear during the session. After determining the progress or lack thereof for each participant, the program team shall agree on the appropriate incentives or sanctions to be applied. If the program team cannot unanimously agree on the appropriate action to be taken, the participating judge shall make a decision based upon the information presented during the staffing.
(c) Each program shall have a program coordinator who shall be responsible for the general administration of the program.
Program staff shall be provided with access to all records of any state or local government relevant to the participant's treatment. The records and reports shall be maintained in a confidential file not available to the public and the contents thereof shall not be disclosed to any person outside the program without a court order. Program staff shall comply with the confidentiality rules contained in 42 U.S.C. 290dd-2 or 42 C.F.R. part 2, as applicable.
(a) Each program shall strive to establish a system to ensure that participants are provided treatment services that have been certified by the department. Each program team shall strive to determine the type and duration of treatment service appropriate for the participant's individualized needs, based upon objective medical diagnostic criteria.
(b) The program team shall strive to establish an adequate continuum of care for each participant, including adequate support services and aftercare.
(c) The program team shall strive to provide appropriate treatment to participants who have a dual diagnosis.
(d) The relationship between each treatment provider and the program shall be governed by a memorandum of understanding, which shall include a requirement for the timely reporting of the participant's progress or lack thereof in treatment.
(a) The program team shall require accurate and reliable substance use testing of participants.
(b) Participants shall be required to submit to frequent, random and observed substance use testing.
(c) The results of all substance use tests shall be provided to the program team as soon as practicable.
5-12-115. Participant information and progress statistics.
(a) Participants may be required to provide access to the following information, the collection and maintenance of which by the program team shall be in a standardized format pursuant to rules and regulations of the supreme court:
(i) Gender, race, ethnicity, marital status and child custody and support obligations;
(ii) Criminal history;
(iii) Substance use disorder history, including medical records and prior treatment;
(iv) Employment, education and income history;
(v) Number and health of children born to participants;
(vi) Incidents of recidivism occurring before, during and after successful completion of a program, or failed participation in a program;
(vii) Mental illness history, including medical records and prior treatment.
(b) Programs shall maintain and report to the supreme court the following information pursuant to supreme court rules and regulations, none of which shall identify the participants:
(i) The number of participants screened for eligibility, the number of eligible persons who were, and who were not, admitted to the program and their case dispositions;
(ii) The costs of operation and sources of funding of the program.