House panel rejects drug-court measure
Posted on Friday, March 23, 2007
The House Judiciary Committee on Thursday rejected a proposal that would create a committee to dole out funds to drug-court programs. A member of a state judges’ organization said it was unconstitutional and would suck funds from existing programs.
The vote against Senate Bill 18 by Sen. Bill Pritchard, R-Elkins, came the day after the House passed a competing bill by Rep. David Johnson, D-Little Rock, to oversee the programs through the existing Administrative Office of the Courts.
Drug courts integrate substance abuse treatment programs into the criminal prosecution of some nonviolent drug offenders. They’re intended to keep those offenders out of prison, saving bed space for more dangerous criminals, supporters say. Programs in Pulaski, Saline and Washington counties have proven to be successful, supporters say.
The Judicial Council, an organization of circuit and appellate judges, opposes the Senate bill because a senator and representative would sit on the Drug Court Advisory Committee the bill would create. The committee’s duties would include distributing money for drug courts, a provision that makes the bill violate a clause in the state constitution preventing lawmakers from holding civil office, said 6 th Division Circuit Judge Vann Smith, a member of the Judicial Council board.
“It is not advisory, it has powers,” said Smith.
The council also opposes provisions in the bill to create new juvenile drug courts. The council maintains that as they’re currently organized traditional juvenile courts have authority to order juveniles to seek drug treatment, rendering new drug courts for young offenders unnecessary. Smith said the organization is concerned the Senate bill would siphon drug-court money needed for adult programs.
Smith said he favors Johnson’s bill, House Bill 2553.
Under the Senate bill, adult drug courts would be funded with $ 5 million from the Department of Community Correction, which supervises parolees, Pritchard said. The juvenile drug courts created under the bill would be funded by the Department of Health and Human Services, he said.
The measure fell five votes short of the 11 needed to pass out of the committee. Pritchard said in an interview that he would amend the bill to remove the advisory committee’s power to approve funding for drug courts. He said that authority would remain with the Administrative Office of the Courts. Pritchard said that amendment would allay the Judicial Council’s concern, and he’ll try again to get the committee’s approval.
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