Rule 4-409.? CouncilApproval of Problem Solving Courts.
To establish criteria for the creation and operation of problemsolving courts, and to create a process for ongoing reporting from andevaluation of problem solving courts.
This ruleapplies to all trial courts.
Statement of the Rule:
(1)(A) Applicant.As used in this rule, an applicant is the problem solving court judge, courtexecutive, or other representative of the problem solving court as designatedby the problem solving court judge.
(1)(B) Problemsolving court. As used in this rule, a problem solving court is a targetedcalendar of similar type cases that uses a collaborative approach involving thecourt, treatment providers, case management, frequent testing or monitoring andongoing judicial supervision. Examples include drug courts, mental healthcourts and domestic violence courts.
(2) Initialapplication. Prior to beginning operations, each proposed problem solvingcourt must be approved by the Judicial Council and must agree to comply withthe requirements of this rule. An application packet, approved by the JudicialCouncil, shall be made available by the Administrative Office of the Courts.This packet must be submitted to the Council for approval by the applicant at least90 days in advance of the proposed operation of a new court.
(3) AnnualReport. Existing problem solving courts must annually submit a completedannual report on a form provided by the Administrative Office of the Courts.
(3)(A) Eachproblem solving court shall annually report at least the following:
(3)(A)(i) Thenumber of participants admitted in the most recent year;
(3)(A)(ii) Thenumber of participants removed in the most recent year;
(3)(A)(iii) Thenumber of participants that graduated or completed the program in the mostrecent year; and
(3)(A)(iv) Recidivismand relapse statistics for as long a period of time as is available, but atleast for one year. If the court has been in existence for less than one year,then for the amount of time the court has been in existence.
(4) Grants.In addition to complying with the requirements of CJA Rule 3-411, an applicantshall notify the Judicial Council of any application for funds to operate aproblem solving court, whether or not the court would be the direct recipientof the grant. This notification should be made before any application forfunding is initiated.
(5) Requirementsto Operate a Problem Solving Court.? Allproblem solving courts shall be required to adhere to the following:
(5)(A) Eachproblem solving court must adhere to the ?Required Certification Criteria?outlined in the respective Certification Checklist applicable to that problemsolving court, as promulgated and amended and approved by the Judicial Council.
(5)(B) Eachproblem solving court must adhere to the ?Presumed Certification Criteria?outlined in the respective Certification Checklist applicable to that problemsolving court, as promulgated and amended and approved by the Judicial Council,unless:
(5)(B)(i) theprogram can show sufficient compensating measures; or
(5)(B)(ii) the Judicial Council specifically waives that requirement.
(5)(C) Tocommence participation in a problem solving court:
(5)(C)(i) Ina criminal proceeding, a plea must be entered before a person may participatein the court. Testing and orientation processes may be initiated prior to theplea, but no sanctions may be imposed until the plea is entered other thanthose which may be imposed in a criminal proceeding in which a person isreleased before trial. Prior to the acceptance of the plea, each participantmust sign an agreement that outlines the expectations of the court and theresponsibilities of the participant.
(5)(C)(ii) Injuvenile dependency drug court, sanctions may not be imposed until the parenthas signed an agreement that outlines the expectations of the court and theresponsibilities of the participant.
(6) Certification.? Each problem solving court must be consideredfor certification by the Judicial Council every two years.? Each problem solving court shall cooperatewith the Judicial Council?s certification review process.
(6)(A) Uponreview, the Judicial Council may:
(6)(A)(i) certifya problem solving court that adheres to all requirements as outlined insubsection (5) of this rule;
(6)(A)(ii) de-certifya problem solving court that fails to adhere to one or more requirements asoutlined in subsection (5) of this rule; or
(6)(A)(iii) conditionally certify a problem solving court that fails toadhere to one or more requirements as outlined in subsection (5) of this rule.
(6)(B) Tode-certify or conditionally certify a problem solving court, the JudicialCouncil shall:
(6)(B)(i) informthe problem solving court of the requirement(s) that are not being adequatelymet; and
(6)(B)(ii) provide to the problem solving court an opportunity torespond regarding the requirement(s) that are not being adequately met.
(6)(C) Inthe event that the Judicial Council determines that the problem solving courtshould be conditionally certified, the Judicial Council shall:
(6)(C)(i) outlinespecific conditions necessary for the problem solving court to meet in order tobe certified; and
(6)(C)(ii) provide the problem solving court with a specific period oftime in which to remedy any such deficiency.
(6)(D) Inthe event that a conditionally certified problem solving court fails to meetthe conditions outlined by the Judicial Council within the time allotted, theJudicial Council:
(6)(D)(i) shallde-certify the problem solving court; or
(6)(D)(ii) may extend the period of time to remedy any deficiency, forgood cause shown.
(7) DUICourts. The following courts are approved as DUI Courts: Riverdale JusticeCourt and other courts as may be approved by the Judicial Council in thefuture.
(8) Communications.A judge may initiate, permit, or consider communications, including ex partecommunications, made as part of a case assigned to the judge in aproblem-solving court, consistent with the signed agreement.
Effective January 28, 2019