(A) All drug courts shall be postplea or postadjudication in nature.
(B) Following the effective date of these rules, all new drug courts, with the exception of family dependency drug courts, shall utilize probation personnel.
(C) Before receiving any funding from the Administrative Office of the Courts, drug courts shall have an interlocal agreement or other contract in place. Drug courts directly utilizing probation personnel shall have an interlocal agreement with the Office of Probation Administration outlining the roles, responsibilities, obligations, and the collection of probation fees. Drug courts that are not directly utilizing probation personnel shall have an interlocal agreement or other contract with the Administrative Office of the Courts outlining the roles, responsibilities, and obligations of each.
(D) Drug courts applying for access to treatment funds managed by the Office of Probation Administration shall enter into an interlocal agreement with the Office of Probation Administration outlining roles, responsibilities, obligations, and the collection of fees. Such drug courts shall adhere to all Office of Probation Administration policies and procedures in regard to the Offender Fee for Service Voucher Program.
(E) Drug courts shall not deny participation to anyone based on a person’s financial status, gender, age, race, religion, physical or mental disability, or ethnicity.
(F) Participants must sign an appropriate consent for disclosure upon application for entry into a drug court in accordance with confidentiality requirements of 42 U.S.C. 290dd-2 and 42 C.F.R. part 2.
(G) Drug courts shall have a core team of professionals responsible for the case management of participants.
(H) Drug courts shall advise the Administrative Office of the Courts, in writing, of the source(s) of all program funding. Drug courts eligible for available federal funding or other grant-based funding are encouraged to make all reasonable efforts to secure such funding.
(I) Drug courts in which the collection of state or local fees applies shall not deny entrance nor terminate from the program based on an individual’s inability to pay.
(J) All drug court participants shall remit all state or local fee payments to the clerk of the court. The clerk of the court shall collect all required state and local fees and shall disperse and report such fees according to law and the policies of the Administrative Office of the Courts.
(K) All drug courts shall utilize evidence-based practices as identified by applicable scientific research and literature, and all drug courts shall adhere to the Nebraska Adult Drug Court and DUI Court Best Practice Standards. These standards do not apply to family drug courts or juvenile drug courts.
(L) The Court shall reserve the right to allow exemptions to any of the requirements set forth in § 6‑1208(A) through (K). Any request for an exemption shall be made to the Court in writing. Exemptions shall also be terminated at the discretion of the Court.
§ 6-1208(K) and (L) amended June 24, 2015.