THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY OBERLANDER, DRUCKER, CUTLER, BOYD, BRADFORD, CHRISTIANA, DALLY, DENLINGER, FREEMAN, GABLER, GEIST, GROVE, HARHART, HENNESSEY, HICKERNELL, HUTCHINSON, KAUFFMAN, KORTZ, MARSHALL, MENSCH, MURT, PASHINSKI, PICKETT, PYLE, QUINN, RAPP, REICHLEY, ROHRER, ROSS, SANTARSIERO, SONNEY, STERN, TURZAI, VULAKOVICH AND WATSON, JUNE 12, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 12, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for drug

courts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 42 of the Pennsylvania Consolidated Statutes

is amended by adding a section to read:

§ 916.  Drug courts.

(a)  Establishment.--The court of common pleas of a judicial

district and the Municipal Court of Philadelphia may establish a

drug court as a special criminal docket whereby defendants are

admitted to a court-supervised individualized drug treatment

program. The court may adopt local rules for the administration

of the drug court and its related treatment services. The local

rules may not be inconsistent with this section or any rules

established by the Supreme Court.

(b)  Statewide drug court coordinator.--The Supreme Court may

appoint a Statewide drug court coordinator. The Statewide drug

court coordinator may:

(1)  Encourage and assist in the establishment of a drug

court in each judicial district.

(2)  Identify sources of funding for drug courts and

their related treatment services, including the availability

of grants.

(3)  Provide coordination and technical assistance for

grant applications.

(4)  Develop model guidelines for the administration of

drug courts and their related treatment services.

(5)  Establish procedures for monitoring drug courts and

their related treatment services and for evaluating the

effectiveness of drug courts and their related treatment

services.

(c)  Advisory committee.--The Supreme Court may establish an

interdisciplinary and interbranch advisory committee to advise

and assist the Statewide drug court coordinator in monitoring

and administrating drug courts Statewide.

(d)  Imposition of surcharge.--A defendant convicted of a

drug-related or alcohol-related offense in a judicial district

in which the court has established a drug court may be ordered

by the court to pay a surcharge of $25 which shall be collected

in the same manner as other court costs. In addition to any

grants or other money that may become available through public

or private sources, the money collected through this surcharge

shall be used by the county to fund the drug court and its

related treatment services.

(e)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Drug-related or alcohol-related offense."  A criminal

offense that the court determines was motivated by the

defendant's consumption of or addiction to alcohol or a

controlled substance, counterfeit, designer drug, drug,

immediate precursor or marijuana, as those terms are defined in

the act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act.

Section 2.  This act shall take effect in 60 days.