Senate Passes Bill to Create Juvenile Drug Court Act

The Oklahoma State Senate approved a measure Wednesday to clarify language of how juveniles are to be handled in the drug court system.

Senate Bill 740, authored by Senator David Myers, creates the Juvenile Drug Court Act which allows juvenile drug courts to function within the current juvenile system.

“Currently, there isn’t any proper language in place to decipher how juveniles are to be treated in the drug court system, so they are treated the same as adults. That just isn’t right,” said Myers, R-Ponca City. “Minors are not viewed the same as adults through the eyes of the law in other situations, so why should they be treated the same in this particular instance? It’s a loophole that needed to be closed in order to help our troubled youth.”

The measure will allow juvenile courts to set up drug courts depending on their available funding. Under the terms of the bill, the Department of Mental Health and Substance Abuse Services will assist the courts, evaluate all treatment providers and prepare a manual for operation.

Myers noted that the bill also sets specific eligibility criteria for the courts, which includes that only delinquents with substance abuse histories will be eligible for treatment in the courts and that the minors must have committed a delinquent act or been previously adjudicated delinquent.

The juvenile court program will last from three to twelve months depending on the child’s situation with aftercare spanning from six to 24 months. Once a child turns nineteen, though, they are not eligible for the program and will be dismissed. The minors cannot be transferred to an adult drug court and adult drug court laws cannot apply to the juveniles.

A user fee of up to $20 may be assessed to the parent of the juvenile based upon their ability to pay. The fee will be deposited in the Drug Abuse Education Treatment Revolving Fund, which is the fund that supports all drug courts in Oklahoma.

SB 740 passed the Senate unanimously and has been sent to the House for further consideration. If the bill is approved by both the House and Governor, it will become effective November 1, 2005.