THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ORIE, LEACH, GREENLEAF, KITCHEN, RAFFERTY, FONTANA, BRUBAKER, STACK, BOSCOLA, TARTAGLIONE, COSTA, WASHINGTON, FERLO AND HUGHES, FEBRUARY 20, 2009

SENATE AMENDMENTS TO HOUSE AMENDMENTS, MAY 4, 2010   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in organization and

jurisdiction of courts of common pleas, authorizing the

establishment of problem solving courts; and providing for

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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 sections a section to read:

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§ 916.  Problem solving courts.

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

district and the Municipal Court of Philadelphia may establish,

from available funds, one or more problem solving courts which

have specialized jurisdiction, including, but not limited to,

drug courts, mental health courts and driving under the

influence courts, whereby defendants are admitted to a court-

supervised individualized treatment program. The court may adopt

local rules for the administration of problem solving courts and

their related treatment services. The local rules may not be

inconsistent with this section or any rules established by the

Supreme Court.

(b)  Statewide problem solving courts coordinator.-- To the

extent that funds are available, the Supreme Court may appoint a

Statewide problem solving courts coordinator. The coordinator

may:

(1)  Encourage and assist in the establishment of problem

solving courts in each judicial district.

(2)  Identify sources of funding for problem solving

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

problem solving courts and their related treatment services.

(5)  Establish procedures for monitoring problem-solving

courts and their related treatment services and for

evaluating the effectiveness of problem solving courts and

their related treatment services.

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

from available funds, an interdisciplinary and interbranch

advisory committee to advise and assist the Statewide problem

solving courts coordinator in monitoring and administrating

problem solving courts Statewide.

§ 917.  Drug courts.

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(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.