(a) A DWI/BWI specialty court program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial system.
(b) Each DWI/BWI specialty court shall develop a policy and procedure manual for the DWI/BWI specialty court program.
(c) The DWI/BWI specialty court program shall offer judicial monitoring with intensive substance use disorder treatment and strict supervision of high-risk, high-need defendants, as determined by a validated risk-needs assessment tool, in cases of driving or boating while intoxicated, § 5-65-103.
(d) (1) The DWI/BWI specialty court shall have jurisdiction of a DWI/BWI specialty court program participant for sixteen (16) months from the date of sentencing to complete the DWI/BWI specialty court program.(2) In order for the DWI/BWI specialty court program participant to complete the DWI/BWI specialty court program and upon finding of good cause, the DWI/BWI specialty court may extend jurisdiction of the DWI/BWI specialty court program participant for an additional two (2) months.
(1) The DWI/BWI specialty court shall have jurisdiction of a DWI/BWI specialty court program participant for sixteen (16) months from the date of sentencing to complete the DWI/BWI specialty court program.
(2) In order for the DWI/BWI specialty court program participant to complete the DWI/BWI specialty court program and upon finding of good cause, the DWI/BWI specialty court may extend jurisdiction of the DWI/BWI specialty court program participant for an additional two (2) months.
(e) (1) A DWI/BWI specialty court program team shall be designated by the DWI/BWI specialty court judge to manage the DWI/BWI specialty court program docket.(2) DWI/BWI specialty court program team members shall include:(A) A district judge;(B) A prosecuting attorney or city attorney;(C) A public defender or private defense attorney;(D) One (1) or more probation officers;(E) One (1) or more treatment providers with experience in the fields of mental health or substance use disorders, or both;(F) One (1) or more local law enforcement agency representatives; and(G) Any other individuals determined necessary by the DWI/BWI specialty court program judge.
(1) A DWI/BWI specialty court program team shall be designated by the DWI/BWI specialty court judge to manage the DWI/BWI specialty court program docket.
(2) DWI/BWI specialty court program team members shall include:(A) A district judge;(B) A prosecuting attorney or city attorney;(C) A public defender or private defense attorney;(D) One (1) or more probation officers;(E) One (1) or more treatment providers with experience in the fields of mental health or substance use disorders, or both;(F) One (1) or more local law enforcement agency representatives; and(G) Any other individuals determined necessary by the DWI/BWI specialty court program judge.
(A) A district judge;
(B) A prosecuting attorney or city attorney;
(C) A public defender or private defense attorney;
(D) One (1) or more probation officers;
(E) One (1) or more treatment providers with experience in the fields of mental health or substance use disorders, or both;
(F) One (1) or more local law enforcement agency representatives; and
(G) Any other individuals determined necessary by the DWI/BWI specialty court program judge.
(f) A person is eligible for participation in a DWI/BWI specialty court program if:(1) The person has a substance use disorder;(2) The person is eighteen (18) years of age or older;(3) The person has pled guilty or nolo contendere or has been found guilty of the offense of driving or boating while intoxicated, § 5-65-103, and is awaiting sentencing for the offense; and(4) The person agrees to comply with the policies and procedures developed by the DWI/BWI specialty court program.
(1) The person has a substance use disorder;
(2) The person is eighteen (18) years of age or older;
(3) The person has pled guilty or nolo contendere or has been found guilty of the offense of driving or boating while intoxicated, § 5-65-103, and is awaiting sentencing for the offense; and
(4) The person agrees to comply with the policies and procedures developed by the DWI/BWI specialty court program.
(g) Under § 5-65-108, the DWI/BWI specialty court may utilize probationary supervision to monitor a person's compliance with program requirements and other court orders after the person pleads guilty or nolo contendere to driving or boating while intoxicated, § 5-65-103.
(h) A DWI/BWI specialty court shall not reduce or dismiss a charge or conviction of driving or boating while intoxicated, § 5-65-103, as provided under § 5-65-107.
(i) If a DWI/BWI specialty court utilizes a case management system that allows for the collection and processing of data, the DWI/BWI specialty court shall collect and provide monthly data on DWI/BWI specialty court program applicants and all DWI/BWI specialty court program participants as required by the Specialty Court Program Advisory Committee in accordance with rules promulgated under § 10-3-2901.