1. A. The drug court judge shall conduct a hearing as required by subsection E of Section 5 of this act to determine final eligibility by considering:

   1. 1. Whether or not the offender voluntarily consents to the program requirements;
   2. 2. Whether or not to accept the offender based upon the findings and recommendations of the drug court investigation authorized by Section 5 of this act;
   3. 3. Whether or not there is a written plea agreement, and if so, whether the terms and conditions of the written negotiated plea between the district attorney, the defense attorney, and the offender are appropriate and consistent with the penalty provisions and conditions of other similar cases;
   4. 4. Whether or not there is an appropriate treatment program available to the offender and whether or not there is a recommended treatment plan; and
   5. 5. Any information relevant to determining eligibility; provided, however, an offender shall not be denied admittance to any drug court program based upon an inability to pay court costs or other costs or fees.

2. B. At the hearing to determine final eligibility for the drug court program, the judge shall not grant any admission of any offender to the program when:

   1. 1. The required treatment plan and plea agreement have not been completed;
   2. 2. The program funding or availability of treatment has been exhausted;
   3. 3. The treatment program is unwilling to accept the offender;
   4. 4. The offender was ineligible for consideration by the nature of a violent offense at the time of arrest, and the charge has been modified to meet the eligibility criteria of the program; or
   5. 5. The offender is inappropriate for admission to the program, in the discretion of the judge.
3. C. At the final eligibility hearing, if evidence is presented that was not discovered by the drug court investigation, the district attorney or the defense attorney may make an objection and may ask the court to withdraw the plea agreement previously negotiated. The court shall determine whether to proceed an . overrule the objection, to sustain the objection and transfer the case for traditional criminal prosecution, or to require further negotiations of the plea or punishment provisions. The decision of the judge for or against eligibility and admission shall be final.

4. D. When the court accepts the treatment plan with the written plea agreement, the offender, upon entering the plea as agreed by the parties, shall be ordered and escorted immediately into the program. The offender must have voluntarily signed the necessary court documents before the offender may be admitted to treatment. The court documents shall include:

   1. 1. Waiver of the offender's rights to speedy trial;
   2. 2. A written plea agreement which sets forth the offense charged, the penalty to be imposed for the offense in the event of a breach of the agreement, and the penalty to be imposed, if any, in the event of a successful completion of the treatment program; provided, however, incarceration shall be prohibited when the offender completes the treatment program;
   3. 3. A written treatment plan which is subject to modification at any time during the program; and
   4. 4. A written performance contract requiring the offender to enter the treatment program as directed by the court and participate until completion, withdrawal, or removal by the court.
5. E. If admission into the drug court program is denied, the criminal case shall be returned to the traditional criminal docket and shall proceed as provided for any other criminal case.
6. F. At the time an offender is admitted to the drug court program, any bail or undertaking on behalf of the offender shall be exonerated.
7. G. The period of time during which an offender may participate in the active treatment portion of the drug court program shall be not less than six (6) months nor more than twenty-four (24) months and may include a period of supervision not less than six (6) months nor more than one (1) year following the treatment portion of the program. All participating treatment providers shall be certified by the Department of Mental Health and Substance Abuse Services and shall be selected and evaluated for performance-based effectiveness annually by the Department of Mental Health and Substance Abuse Services. Treatment programs shall be designed to be completed within twelve (12) months and shall have relapse prevention and evaluation components.
8. H. The drug court judge shall order the offender to pay court costs, treatment costs, a program user fee, and necessary supervision fees, unless the offender is indigent. The drug court judge shall establish a schedule for the payment of costs and fees. The cost for treatment and supervision shall be set by the treatment and supervision providers respectively and made part of the court's order for payment. User fees shall be set by the drug court judge and payable directly to the drug court for administering the program. Treatment and supervision costs shall be paid to the respective providers. Court orders for costs and fees pursuant to this subsection shall not be limited for purposes of collection to the maximum term of imprisonment for which the offender could have been imprisoned for the offense, nor shall any court order for costs and fees be limited by any term of probation, parole, supervision, treatment, or extension thereof. Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid.

Laws 1997, SB 645, c. 359, § 7, emerg. eff. July 1, 1997.