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Administrative Office of the Courts and Probation Calendar

05/30/2016 (All day)

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§ 6-1207. Requirements for establishment.

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   (A) In order to establish a drug court program, approval must first be granted by the Nebraska Supreme Court pursuant to §§ 6-1201 and 6‑1202.

   (B) Drug courts shall adhere to the 10 Key Components as identified and approved by the National Association of Drug Court Professionals in January 1997, and utilize evidence-based practices as identified by applicable social science research and literature.

   (C) Drug courts shall submit to the Administrative Office of the Courts, in writing for approval by the Nebraska Supreme Court, the following:

   (1) A general program description;

   (2) A description of the target population it intends to serve;

   (3) Program goals and how they will be measured;

   (4) An established eligibility criteria for participation in the drug court which includes a standardized, validated risk instrument as approved by the Administrative Office of the Courts;

   (5) The process or procedure by which an individual gains acceptance to participate in the drug court;

   (6) Drug/alcohol testing protocol;

   (7) A protocol for adhering to appropriate and legal confidentiality requirements and a plan to provide all team members with an orientation regarding the confidentiality requirements of 42 U.S.C. § 290dd-2 and 42 C.F.R. part 2, if applicable;

   (8) The terms and conditions of participation in the drug court, including, but not limited to, treatment, drug testing requirements, phase requirements, graduation/completion requirements, graduated sanctions and rewards, and any applicable program service fees;

   (9) The process or procedure by which a participant’s progress in the drug court is monitored;

   (10) Developed policies and procedures governing its general administration, including those relating to organization, personnel and finance.

   (D) Any changes in the material submitted pursuant to § 6-1207(C) shall be submitted to the Administrative Office of the Courts in a timely manner for approval by the Nebraska Supreme Court.

   (E) Screening and treatment for substance abuse shall adhere to Neb. Ct. R., Ch. 6, Art. 13, Substance Abuse Services adopted by the Nebraska Supreme Court.

   (F) The Court may from time to time modify the requirements set forth in § 6-1207(A) through (E).

   (G) The Court shall reserve the right to allow exemptions to any of the requirements set forth in § 6‑1207(A) through (E). Any request for an exemption shall be made to the Court in writing. Exemptions shall also be terminated at the discretion of the Court.

§ 6-1207(B) amended June 24, 2015.

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This page was last modified on Wednesday, July 1, 2015