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        PRIOR PRINTER'S NO. 629                       PRINTER'S NO. 1636

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 584 Session of 2007


        INTRODUCED BY ORIE, RHOADES, GREENLEAF, KITCHEN, WAUGH,
           RAFFERTY, STACK, COSTA, WASHINGTON AND ERICKSON,
           MARCH 20, 2007

        SENATOR GREENLEAF, JUDICIARY, AS AMENDED, DECEMBER 10, 2007

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for IN           <--
     3     ORGANIZATION AND JURISDICTION OF COURTS OF COMMON PLEAS,
     4     AUTHORIZING THE ESTABLISHMENT OF PROBLEM-SOLVING courts.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 42 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 915.  Drug PROBLEM-SOLVING courts.                              <--
    10     (a)  Establishment.--The court of common pleas of a judicial
    11  district and the Municipal Court of Philadelphia may establish a  <--
    12  drug court as a special criminal docket ONE OR MORE PROBLEM-      <--
    13  SOLVING COURTS AS SPECIAL DOCKETS whereby defendants are
    14  admitted to a court-supervised individualized drug treatment      <--
    15  program. The court may adopt local rules for the administration
    16  of the drug court and its PROBLEM-SOLVING COURTS AND THEIR        <--
    17  related treatment services. The local rules may not be
    18  inconsistent with this section or any rules established by the


     1  Supreme Court.
     2     (b)  Statewide drug PROBLEM-SOLVING court coordinator.--The    <--
     3  Supreme Court may appoint a Statewide drug PROBLEM-SOLVING court  <--
     4  coordinator. The Statewide drug PROBLEM-SOLVING court             <--
     5  coordinator may:
     6         (1)  Encourage and assist in the establishment of a drug   <--
     7     court PROBLEM-SOLVING COURTS in each judicial district.        <--
     8         (2)  Identify sources of funding for drug PROBLEM-SOLVING  <--
     9     courts and their related treatment services, including the
    10     availability of grants.
    11         (3)  Provide coordination and technical assistance for
    12     grant applications.
    13         (4)  Develop model guidelines for the administration of
    14     drug PROBLEM-SOLVING courts and their related treatment        <--
    15     services.
    16         (5)  Establish procedures for monitoring drug PROBLEM-     <--
    17     SOLVING courts and their related treatment services and for
    18     evaluating the effectiveness of drug PROBLEM-SOLVING courts    <--
    19     and their related treatment services.
    20     (c)  Advisory committee.--The Supreme Court may establish an
    21  interdisciplinary and interbranch advisory committee to advise
    22  and assist the Statewide drug PROBLEM-SOLVING court coordinator   <--
    23  in monitoring and administrating drug PROBLEM-SOLVING courts      <--
    24  Statewide.
    25     (d)  Imposition of surcharge.--A defendant convicted of a      <--
    26  drug or alcohol-related offense in a judicial district in which
    27  the court has established a drug court may be ordered by the
    28  court to pay a surcharge of $25 which shall be collected in the
    29  same manner as other court costs. In addition to any grants or
    30  other money that may become available through public or private
    20070S0584B1636                  - 2 -     

     1  sources, the money collected through this surcharge shall be
     2  used by the county to fund the drug court and its related
     3  treatment services.
     4     (e)  Definitions.--As used in this section, the following
     5  words and phrases shall have the meanings given to them in this
     6  subsection:
     7     "Drug or alcohol-related offense."  A criminal offense that
     8  the court determines was motivated by the defendant's
     9  consumption of or addiction to alcohol or a controlled
    10  substance, counterfeit, designer drug, drug, immediate precursor
    11  or marihuana, as those terms are defined in the act of April 14,
    12  1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
    13  Device and Cosmetic Act.
    14     Section 2.  This act shall take effect in 60 days.











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