HB 614

Under existing law, judicial circuits are authorized to establish a drug court program

This bill would require every judicial circuit to establish a drug court program

Under existing law, counties or nonprofit entities may establish community punishment and corrections programs

This bill would require every judicial circuit to establish a community punishment and corrections program in at least one county in the circuit

This bill would also require every judicial circuit to establish a mental health court in at least one county in the circuit

This bill would also provide for technical revisions

Relating to drug court programs; to amend Sections 12-23A-4, 12-23A-9, and 12-23A-12, Code of Alabama 1975, to require every judicial circuit to establish a drug court program; to amend Sections 15-18-172 and 15-18-176, Code of Alabama 1975, relating to community punishment and corrections programs, to require each judicial circuit to establish a community punishment and corrections program in at least one county in the circuit; to add Section 15-18-187 to the Code of Alabama 1975, to provide for the implementation of a community punishment and corrections program in each circuit; and to require each judicial circuit to establish a mental health court program in at least one county in the circuit.

Section 1

Sections 12-23A-4, 12-23A-9, and 12-23A-12, Code of Alabama 1975, are amended to read as follows:

§12-23A-4.

(a)(1) The presiding judge of each judicial circuit, with the consent of and the district attorney of that judicial circuit, may shall establish a drug court or courts, under which drug offenders shall be processed, to appropriately address the identified substance abuse problem of the drug offender as a condition of pretrial release, pretrial diversion, probation, jail, prison, parole, community corrections, or other release or diversion from a correctional facility. The structure, method, and operation of each drug court may differ and should be based upon the specific needs of and resources available to the judicial district or circuit where the drug court is located, but shall be created and operate pursuant to this chapter and in compliance with rules promulgated adopted by the Alabama Supreme Court.

(2) Nothing in this chapter shall affect the authority of the district attorney to establish a deferred prosecution program or a pretrial diversion program within his or her judicial circuit or affect his or her ability to nolle prosse a particular case. Notwithstanding the foregoing, all drug courts shall comply with this chapter and rules promulgated adopted by the Alabama Supreme Court.

(b) Participation in drug court shall require the consent of the district attorney and the court and shall be pursuant to a written agreement. A drug offender may participate in a pre-adjudication, post-adjudication, reentry, probation violation, or combination program.

(c) The court may grant reasonable incentives under the written agreement if the court finds that the drug offender:

(1) Is performing satisfactorily in drug court.

(2) Is benefiting from education, treatment, and rehabilitation.

(3) Has not engaged in criminal conduct.

(4) Has not violated the terms and conditions of the agreement.

(d) The court may impose reasonable sanctions under the written agreement or may incarcerate or expel the offender from the program if the court finds that the drug offender:

(1) Is not performing satisfactorily in drug court.

(2) Is not benefiting from education, treatment, or rehabilitation.

(3) Has engaged in conduct rendering him or her unsuitable for the program.

(4) Has otherwise violated the terms and conditions of the agreement.

(5) Is for any reason unable to participate.

(e) Upon successful completion of drug court, a drug offender's case shall be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug court. This may include, but is not limited to, withholding criminal charges, nolle prosse of charges recommended by the district attorney, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration. Records of all such dispositions shall be maintained and be available to judges and prosecutors statewide. This provision shall not authorize the disclosure of youthful offender or juvenile records to the general public.

(f) Drug courts shall include all of the following ten key components, as defined by the United States Department of Justice, and the drug court team shall act to ensure compliance with each of the components:

(1) Integration of drug, alcohol, and other drug treatment or educational services with justice system case processing.

(2) Use of a non-adversarial approach, with prosecution and defense counsel promoting public safety while protecting the due process rights of drug offenders participating in the program.

(3) Early identification of drug offenders eligible to participate and prompt placement in the drug court program.

(4) Access to a continuum of alcohol, drug, and other related treatment and rehabilitation services.

(5) Monitoring of abstinence by frequent alcohol and other drug testing.

(6) Adoption and implementation of a coordinated strategy which governs drug court responses to the compliance of drug offenders participating in the program.

(7) Ongoing judicial interaction with each drug court of drug offenders participating in the program.

(8) Monitoring and evaluation to measure the achievement of program goals and gauge effectiveness.

(9) Continuing interdisciplinary education to promote effective drug court planning, implementation, and operations.

(10) Forging partnerships among drug courts, public agencies, and community-based organizations to generate local support and enhance drug court effectiveness.

(g) Cases handled pursuant to this chapter shall be calendared on dedicated dockets, set aside from other criminal cases.

(h) Each local jurisdiction that intends to establish a drug court, or continue the operation of an existing drug court, shall establish a local drug court team and may also establish a local drug court advisory committee.

(i) The drug court team, when practicable, shall conduct a staff meeting prior to each drug court session to discuss and provide updated information regarding drug offenders. After determining their progress, or lack thereof, the drug court team shall agree on the appropriate incentive or sanction to be applied. If the drug court team cannot agree on the appropriate action, the court shall make the decision based on information presented in the staff meeting. Nothing in this chapter shall prohibit the authority of the district attorney to file a petition to remove the drug offender from the drug court program for good cause shown.

(j) Nothing contained in this chapter shall confer a right, or an expectation of a right, to participate in drug court, nor does it obligate the drug court to accept every drug offender. Neither the establishment of any drug court nor anything in this chapter shall be construed as limiting the discretion of the district attorney. Each drug court judge may establish rules and may make special orders and rules, as necessary, that do not conflict with this chapter or rules promulgated adopted by the Alabama Supreme Court.

(k) A drug court coordinator shall be responsible for the general administration of drug court.

(l) Any agency charged with supervising a drug offender under drug court jurisdiction shall timely forward information to the drug court concerning the progress and compliance of the drug offender with any court imposed terms and conditions.

§12-23A-9.

(a) The Administrative Office of Courts, hereinafter AOC, shall assist in the planning, implementation, and development of drug courts statewide. AOC shall make recommendations to the Alabama Supreme Court and the Chief Justice concerning the legal, policy, and procedural issues confronting the drug courts in the state. Nothing in this section shall impede the constitutional authority of the district attorney.

(b) AOC shall provide state-level coordination and support for drug court judges and their programs and operate as a liaison between drug court judges and other state-level agencies providing services to or benefitting from drug court programs.

(c) The Administrative Director of Courts shall make recommendations to the Chief Justice of the Alabama Supreme Court concerning criteria for eligibility, the promulgation adoption of procedural rules, the establishment of guidelines for operation, and adoption of standards and protocols for the various drug courts of this state. All rules, guidelines, standards, and protocols shall periodically be reviewed and revised.

(d) AOC shall identify existing resources for assessment and treatment and make recommendations for the allocation of those resources; explore grants and funds necessary to support drug courts; promote and provide annual training and technical assistance for all drug court judges and criminal justice personnel involved in drug courts, as well as education for the public about the effectiveness of drug court; and establish evaluation criteria and procedures, including tracking the status of drug offenders after concluding drug court. The critical performance measures to be collected shall include those set forth in subsection (a) of Section 12-23A-10.

(e) The local drug court team or advisory committee, or both, shall ensure the provision of a full continuum of care for drug offenders.

(f) The presiding judge of each circuit shall report to AOC by the fifteenth day of January of each year. The report shall include all of the following:

(1) A description of the drug court operating within the jurisdiction.

(2) The name of the participating judge or judges.

(3) Community involvement.

(4) Education and training.

(5) Use of existing resources.

(6) Collaborative efforts.

(7) An evaluation of the critical data elements required by subsection (a) of Section 12-23A-10.

(g) The Administrative Director of Courts shall provide a statewide report each year during the regular legislative session to the Alabama Supreme Court, Legislature, and Governor regarding the need for, and implementation of, this chapter. The report shall include a synopsis of such information or data necessary to determine the impact, utility, and cost-effectiveness of its implementation and ongoing operation.

§12-23A-12.

Nothing Provided each judicial circuit has a drug court program in operation in the circuit as required in Section 12-23A-4, nothing in this chapter shall be construed to require a county commission or any county employee to participate in or fund in whole or in part the development or operation of a drug court program authorized in this chapter."

Section 2

Sections 15-18-172 and 15-18-176, Code of Alabama 1975, are amended to read as follows:

§15-18-172.

(a) A county or group of counties may establish a community punishment and corrections program for state and county inmates or youthful offenders in custody of the county. The program shall be established by a county by resolution adopted by the county commission or by community punishment and corrections authorities or other nonprofit entities as provided herein. The program shall establish the maximum number of offenders who may participate in the program and participation shall be limited to space availability. No offenders may be sentenced or assigned to the program in excess of the maximum number established for the program. No county is obligated to fund any activities of a community corrections program established under this article without an affirmative vote of the affected county commission.

(b) The department may contract with such the counties, authorities, or other nonprofit entities as provided herein concerning start-up costs and the costs of maintenance, including medical expenses, of state inmates participating in any program authorized under this article or under any county program functioning pursuant to any state or local act.

(c) The department shall promulgate adopt rules and regulations pursuant to the Alabama Administrative Procedure Act establishing conditions for state inmates' participation in the community punishment and corrections program, the observance of which may be a condition to such the participation.

(d) A state inmate incarcerated in a state facility may be approved by the department for participation in a community punishment and corrections program established under this article and. A state inmate may be assigned to a program in the county from which the inmate was sentenced if a community punishment and corrections program under this article has been established in that county and if the sentencing judge of the county authorizes the inmate to participate in the program. If no program exists in the county where the inmate was sentenced, he or she may be assigned to a community punishment and corrections program located in the judicial circuit, if the sentencing judge of the county authorizes an inmate to participate in the program. An inmate may be assigned to a community punishment and corrections program in another county if the presiding judge of the other county and the sentencing judge agree to the assignment and if the county has agreed in the contract to accept inmates originally sentenced in other counties. In the event the sentencing judge is unavailable due to death, retirement, or any other reason, the presiding judge from the sentencing circuit shall act in the sentencing judge's stead. An inmate assigned to a community punishment and corrections program pursuant to this article shall not be eligible for parole consideration.

(e) The department shall annually identify alternatives to community punishment and corrections programs for those counties which have not established a community punishment and corrections program under this article. The department shall publish a list of such alternatives on its website and shall provide a list of such alternatives to each district and circuit court annually. The department shall include a list of referral services available for veterans and servicemen, and, when available and appropriate, shall include any Veterans Treatment Court in operation in the appropriate county or circuit as an alternative.

§15-18-176.

(a) A community punishment and corrections plan shall be developed and submitted to the department which sufficiently documents the local need and support for the proposed program. The community punishment and corrections plan shall have the approval of the county commission in the affected counties prior to submission to the department. Any plan shall specifically state the maximum number of inmates eligible to participate in the program.

(b) The format for any community punishment and corrections plan shall be specified by the division in its application process and procedures. Funding and grant evaluation criteria shall be outlined in the application process and procedures to be developed by the division in order that each applicant may know the basis upon which funds will be granted. The department shall adopt rules pursuant to the Administrative Procedure Act outlining the application process and procedures.

(c) The application process and procedures should include a performance-based reimbursement funding plan, developed by the department, for funding community punishment and corrections plans that utilize evidence-based practices as defined in Section 12-25-32 in the treatment and supervision of community punishment and corrections program participants and that meet specified treatment and supervision targets as outlined in the application. The performance-based reimbursement plan outlined in the application process and procedures should also include higher reimbursement rates for community punishment and corrections plans that include behavioral health assessment and treatment referral, to include behavioral and substance abuse treatment, for community punishment and corrections program participants, as well as for local probationers and parolees under the supervision of the Board of Pardons and Paroles. The Department of Corrections, along with the Board of Pardons and Paroles, the Department of Veterans Affairs, the Department of Public Health, and the Department of Mental Health, shall collaborate with the Office of the Governor to implement the provisions of this subsection relating to behavioral health treatment and substance abuse treatment services. The Office of the Governor shall ensure that treatment services that receive funding from the state or through court-ordered monies utilize such funding and monies for programs reasonably expected to reduce recidivism among community corrections offenders.

(d) The application process and procedures should include a requirement that each community punishment and corrections plan establish guidelines to ensure that the supervision and treatment of offenders participating in a community punishment and corrections program is, to the extent practicable, individualized based on the offender's risk of reoffending, as determined through a validated risk and needs assessment as defined in Section 12-25-32, administered by the community punishment and corrections program, and that treatment and supervision resources, as well as behavioral health assessment and treatment referral services, are, within the resources available, prioritized based on those offenders who have the highest risk of reoffending. The plan shall include a list of services available for veterans and, servicemen, and, when appropriate, shall include any Veterans Treatment Court in operation in the appropriate county or circuit as a possible alternative for mentoring and supervision.

(e) Participation Provided each judicial circuit has a community punishment and corrections program in operation in the circuit as required in Section 15-18-187, participation in the programs set forth in this article is voluntary. Any participating authority, county commission, or other nonprofit entity may notify the director of the division of its intention to withdraw from participation in the community punishment and corrections program contract. The withdrawal will become effective on the last day of the grant year."

Section 3

Section 15-18-187 is added to the Code of Alabama 1975, to read as follows: §15-18-187. (a) Notwithstanding any other provision in this article, beginning January 1, 2020, there shall be a community punishment and corrections program in each judicial circuit in this state. (b) Notwithstanding the requirements in this article regarding adoption of a resolution by the county commissions for the formation of a community punishment and corrections program, if a judicial circuit does not have a community punishment and corrections program on the effective date of the act adding this amendatory language, the presiding judge, in consultation with the county commission or commissions in the circuit, shall select a county for the establishment of a community punishment and corrections program. This subsection does not preclude the establishment of a community punishment and corrections program by a nonprofit entity as provided in Section 15-18-178. (c) Nothing in this section may be construed to authorize the termination of any community punishment and corrections program in operation pursuant to this article prior to the effective date of the act adding this amendatory language. Any community punishment and corrections program formed prior to the effective date of the act adding this amendatory language may satisfy the requirement for a community punishment and corrections program in each judicial circuit as required in this section. (d) Except as expressly provided otherwise by this section, community punishment and corrections programs formed pursuant to this section shall comply with all the provision of this article.

Section 4

As used in this section, the following words shall have the following meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members or their designees: a. The mental health court judge, who shall serve as chair. b. The district attorney. c. The public defender or a member of the criminal defense bar. d. The mental health court coordinator. e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial services provider. h. A law enforcement officer. i. A substance abuse treatment provider. j. A mental health provider. k. Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for placement in a treatment program which shall be performed in accordance with criteria certified by the Department of Mental Health. (3) CONTINUUM OF CARE. A seamless and coordinated course of substance abuse education and treatment designed to meet the needs of offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency. (4) DRUG. Includes all of the following: a. A controlled substance, drug, or other substance for which a medical prescription or other legal authorization is required for purchase or possession. b. A drug whose manufacture, sale, use, or possession is forbidden by law. c. Other harmful substance, a misused substance otherwise legal to possess, including alcohol. (5) MENTAL HEALTH COURT. A judicial intervention program for offenders in the criminal division of the circuit or district court whose mental health issues may have been a significant factor in the commission of the offense. (6) MENTAL HEALTH COURT COORDINATOR. An individual who is responsible for coordinating the establishment, staffing, operation, evaluation, and integrity of the mental health court. (7) MENTAL HEALTH COURT TEAM. Consists of all of the following members who are assigned to the mental health court: a. The mental health court judge. b. The district attorney or his or her designee. c. The public defender or a member of the criminal defense bar. d. A law enforcement officer. e. The mental health court coordinator. f. A representative from community corrections, court referral program, or the Board of Pardons and Paroles. g. Any other persons selected by the mental health court team. (8) OFFENDER. A person charged with or convicted of an offense when the person's mental health may have been a significant factor in the commission of the offense and who has applied for or been accepted to participate in a mental health court program for offenders in the criminal division of the circuit or district court. (9) RECIDIVISM. A subsequent conviction or plea of nolo contendere in this or any other state or federal court of the United States within three years of successful completion of, or termination from, mental health court for any offense carrying a sentence of one year or more. (10) SCREENING. The process of gathering basic information to determine whether the offender meets established mental health court eligibility criteria and shall include, but is not limited to, the current charge, a substance abuse evaluation, a brief questionnaire to determine if a risk or needs assessment is needed, and drug testing, and may include, but is not limited to, a substance abuse evaluation, risk assessment, or needs assessment. (11) SUBSTANCE. Drug as defined in subdivision (4). (12) SUBSTANCE ABUSE. The illegal or improper consumption of a drug. (13) VIOLENT CRIMINAL CHARGE. An offense as defined in Section 12-25-32, Code of Alabama 1975.

Section 5

(a)(1) The presiding judge of each judicial circuit shall establish a mental health court within that judicial circuit or any county within that judicial circuit. The structure, method, and operation of each mental health court may differ and should be based upon the specific needs of and resources available to the judicial circuit where the mental health court is located. (2) Nothing in this section shall affect the authority of the district attorney to establish a deferred prosecution program or a pretrial diversion program within his or her judicial circuit or his or her ability to nolle prosse a particular case. Notwithstanding the foregoing, all mental health courts shall comply with this section and rules adopted by the Alabama Supreme Court. (b) A mental health court established under subsection (a) shall be under the direct supervision of the presiding judge of that judicial circuit. The presiding judge may contract with any agency, person, or corporation, including, but not limited to, certified community punishment and corrections programs, certified mental health programs, certified drug treatment programs, family service programs, or any certified not-for-profit programs for services related to this section. (c) Participation in mental health court shall require the consent of the district attorney and the court and shall be pursuant to a written agreement. An offender may participate in a pre-adjudication, post-adjudication, reentry, probation violation, or a combination program. (d) The court may grant reasonable incentives under the written agreement if the court finds any of the following: (1) The offender is performing satisfactorily in mental health court. (2) The offender is benefiting from education, treatment, and rehabilitation. (3) The offender has not engaged in criminal conduct. (4) The offender has not violated the terms and conditions of the agreement. (e) The court may impose reasonable sanctions under the written agreement or may incarcerate or expel the offender from the program if the court finds any of the following: (1) The offender is not performing satisfactorily in mental health court. (2) The offender is not benefiting from education, treatment, or rehabilitation. (3) The offender has engaged in conduct rendering him or her unsuitable for the program. (4) The offender has otherwise violated the terms and conditions of the agreement. (5) The offender is unable to participate for any other reason. (f) Upon successful completion of mental health court, an offender's case shall be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the mental health court. This may include, but is not limited to, withholding criminal charges, nolle prosse of charges recommended by the district attorney, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration. Records of all dispositions shall be maintained and be available to judges and prosecutors statewide. This subsection does not authorize the disclosure of youthful offender or juvenile records to the general public. (g) Each local jurisdiction shall establish a local mental health court team and may also establish a local mental health court advisory committee. (h) The mental health court team, when practicable, shall conduct a staff meeting prior to each mental health court session to discuss and provide updated information regarding offenders. After determining their progress, or lack thereof, the mental health court team shall agree on the appropriate incentive or sanction to be applied. If the mental health court team cannot agree on the appropriate action, the court shall make the decision based on information presented in the staff meeting. Nothing in this section shall prohibit the authority of the district attorney to file a petition to remove the offender from the mental health court program for good cause shown. (i) Nothing contained in this section shall confer a right, or an expectation of a right, to participate in mental health court, nor does it obligate the mental health court to accept every offender. Neither the establishment of any mental health court nor anything in this section shall be construed as limiting the discretion of the district attorney. Each mental health court judge may establish rules and may make special orders and rules, as necessary, that do not conflict with this section or rules adopted by the Alabama Supreme Court. (j) A mental health court coordinator shall be responsible for the general administration of mental health court. (k) Any agency charged with supervising a mental health court offender under mental health court jurisdiction shall timely forward information to the mental health court concerning the progress and compliance of the offender with any court imposed terms and conditions.

Section 6

(a) An offender is not eligible for admission into a mental health court program if any of the following applies: (1) The offender has a pending violent criminal charge against him or her or any felony charge in which a firearm or deadly weapon or dangerous instrument was used. (2) The offender has been convicted of a violent felony offense or any felony in which a firearm or deadly weapon or dangerous instrument was used or adjudicated as a youthful offender or delinquent as a juvenile of a violent felony offense or any felony in which a firearm or deadly weapon or dangerous instrument was used. (3) The offender is required to register as a sex offender or currently is charged with a felony sex offense. (4) Eligible offenses may be further restricted by the rules of a specific local mental health court program. (b) The Commissioner of the Department of Corrections shall develop criteria regarding the evaluation and eligibility of an inmate for early release into a reentry mental health court program consistent with the requirements of subsection (a).

Section 7

(a) All applicants for mental health court shall be required to participate in an assessment approved by the Department of Mental Health prior to being approved for the mental health court program. (b) As part of the assessment, each jurisdiction shall establish a system to ensure that offenders are placed in a treatment program approved by the Department of Mental Health. To accomplish this, each entity conducting the assessment may make specific recommendations to the mental health court team regarding the level of treatment program and duration necessary so that the individual needs of the offender may be addressed. These assessments and resulting recommendations shall be performed by a certified or licensed professional in accordance with the criteria certified by the Department of Mental Health. Treatment recommendations accepted by the court, pursuant to this section, shall be deemed to be reasonable and necessary. (c) An adequate continuum of care for offenders shall be established in response to this section. (d) The mental health court, when practicable, shall ensure that no agency provide both assessment and treatment services for mental health court to avoid potential conflicts of interest or the appearance that a given assessment agency might benefit by determining that an offender is in need of a particular form of treatment that the assessor provides. (e) Any referral for treatment by the mental health court shall refer the offender to a program that is certified by the Department of Mental Health. (f) The mental health court shall determine which treatment programs are authorized to provide the recommended treatment to an offender. The relationship between the treatment program and the court should be governed by a memorandum of understanding, which should include the timely reporting of the progress or lack thereof of the offender to the mental health court. (g) Appropriate services for mental health treatment should be made available by the Department of Mental Health, where practicable.

Section 8

Any mental health court in this state may transfer to or accept transfer from any other mental health court in this state, or any mental health court in any other state which is part of the Interstate Compact for Adult Offender Supervision. All terms and conditions of the transfer and supervision shall be clearly stated, in writing, and shall not be valid unless agreed to, in writing by all of the following: (1) The offender. (2) The defense attorney. (3) The judge and prosecutor of the transferring mental health court. (4) The judge and prosecutor of the receiving mental health court.

Section 9

(a) The Administrative Office of Courts (AOC), shall assist in the planning, implementation, and development of mental health courts statewide. The AOC shall make recommendations to the Alabama Supreme Court and the Chief Justice concerning the legal, policy, and procedural issues confronting the mental health courts in the state. Nothing in this section shall impede the constitutional authority of the district attorney. (b) The AOC shall provide state-level coordination and support for mental health court judges and their programs and operate as a liaison between mental health court judges and other state-level agencies providing services to or benefitting from mental health court programs. (c) The Administrative Director of Courts shall make recommendations to the Chief Justice of the Alabama Supreme Court concerning criteria for eligibility, the adoption of procedural rules, the establishment of guidelines for operation, and adoption of standards and protocols for the various mental health courts of this state. All rules, guidelines, standards, and protocols shall periodically be reviewed and revised. (d) The AOC shall identify existing resources for assessment and treatment and make recommendations for the allocation of those resources; explore grants and funds necessary to support mental health courts; promote and provide annual training and technical assistance for all mental health court judges and criminal justice personnel involved in mental health courts, as well as education for the public about the effectiveness of mental health court; and establish evaluation criteria and procedures, including tracking the status of offender after concluding mental health court. The critical performance measures to be collected shall include those set forth in subsection (a) of Section 10. (e) The local mental health court team or advisory committee, or both, shall ensure the provision of a full continuum of care for offenders. (f) The presiding judge of each circuit shall report to AOC by the fifteenth day of January of each year. The report shall include all of the following: (1) A description of the mental health court operating within the jurisdiction. (2) The name of the participating judge or judges. (3) Community involvement. (4) Education and training. (5) Use of existing resources. (6) Collaborative efforts. (7) An evaluation of the critical data elements required by subsection (a) of Section 10. (g) The Administrative Director of Courts shall provide a statewide report each year during the regular legislative session to the Alabama Supreme Court, Legislature, and Governor regarding the need for, and implementation of, this section. The report shall include a synopsis of information or data necessary to determine the impact, utility, and cost-effectiveness of its implementation and ongoing operation. Section 10. (a) A mental health court shall collect and maintain the following information for each offender that is considered for admission or admitted into mental health court: (1) Prior criminal history. (2) Prior substance abuse treatment history, including information on the success or failure of the offender in those programs. (3) Employment, education, and income histories. (4) Gender, race, ethnicity, marital and family status, and any child custody and support obligations. (5)a. Instances of recidivism occurring after successful completion of mental health court. Recidivism shall be measured at a period of three years after successful graduation. b. Instances of recidivism occurring after an offender's termination in mental health court for a period of three years from release into the community. (6) If applicable, the drug of choice and the estimated daily financial cost to the offender at the time of entry into the program. (7) The number of offenders screened for eligibility, the number of eligible offenders who were and were not admitted into mental health court, the reasons for non-admission for those offenders not admitted into mental health court, and the case disposition for each offender admitted into mental health court. (8) The cost of operation and sources of funding for each mental health court. (b) An offender subject to this section may be required, as a condition of pretrial release, probation, diversion, parole, or community corrections to provide the information in subsection (a). The collection and maintenance of this information shall be collected in a standardized format according to applicable guidelines. (c) To protect the privacy of an offender in accordance with federal and state confidentiality laws, treatment records shall be kept in a secure environment, separated from the court records to which the public has access. (d) All mental health court personnel shall be trained in accordance with subsection (d) of Section 9. (e) Evaluations shall be conducted in accordance with subsection (a). (f) The offender shall be responsible for all fees, court costs, and restitution associated with the terms of release of the offender, supervision, treatment, and successful completion in mental health court, unless the offender is determined to be indigent, in which event such fees may be waived in whole or in part. Determination of indigency shall be subject to continuing review by the court. All fees, which do not include regular court costs normally collected by the clerk of court, shall be collected and accounted for by the mental health court or other entity designated by the mental health court team, in accordance with generally accepted uniform accounting principles, which shall be subject to approval by the Chief Examiner of the Department of Examiners of Public Accounts. Mental health courts shall establish and maintain a uniform accounting system. (g) The annual reports and all records of accounts and financial records of all funds received from fees or by grant, contract, or otherwise from state, local, or federal sources, shall be subject to audit annually by the Chief Examiner of the Department of Examiners of Public Accounts. The audit may be performed by a licensed independent certified public accountant approved by the Chief Examiner of the Department of Examiners of Public Accounts. (h) All audits shall be completed as soon as practicable after the end of the fiscal year. One copy of each audit shall be furnished to the presiding circuit judge, the district attorney, the Administrative Director of Courts, and the Chief Examiner of the Department of Examiners of Public Accounts. Copies of each audit shall also be made available to the press. Section 11. (a) Absent negligence, wantonness, recklessness, or deliberate misconduct, any individual who, in good faith, provides services through a mental health court, is not liable in any civil action. The grant of immunity provided for in this subsection shall extend to all employees, administrative personnel, and mental health court team members, as well as volunteers. (b) Any qualified person who obtains, in a medically accepted manner, a specimen of breath, blood, urine, or other bodily substance pursuant to a mental health court action is not liable in any civil action. Section 12. Provided each judicial circuit has a mental health court program in operation in the circuit as required in Section 6, nothing in this section shall be construed to require a county commission or any county employee to participate in or fund in whole or in part the development or operation of a mental health court program authorized in this act. Section 13. Any monies needed for the initial implementation of the programs provided for by this act shall be funded by any available funds appropriated to the Department of Corrections. Section 14. Sections 3 through 12, inclusive, requiring each judicial circuit to establish a community punishment and corrections program and a mental health court program shall become effective January 1, 2020; the remainder of this act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.