Rule 1 General Provisions
Rule Text
(a) Authority. These policies and procedures are promulgated under 1 CMC § 3207.
(b) Title and Citation. These policies and procedures shall be known as the NMI Judiciary Drug Court Policies and Procedures and shall be cited as "NMI DRUG CT. PP."
(c) Purpose. These policies and procedures are intended to establish proper procedures, ensure timeliness regarding Drug Court cases, and reflect the best practices established by national organizations, including All Rise and the National Drug Court Institute.
(d) Effective Date. These policies and procedures are deemed effective as of ___.1
(e) Construction. These policies and procedures shall be construed to ensure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay.
(f) Conflict. Nothing in these policies and procedures is meant to contravene established Commonwealth and federal laws or regulations, or other court policies and procedures.
1 This Policy has been amended on the following dates: April 16, 2020, February 14, 2023, and September 12, 2024. NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025
(g) Definitions. Unless defined below, any word found within these policies and procedures shall retain its commonly understood meaning. The following terms are defined as follows:
(1) Case Managers. Case Managers are Drug Court staff who refer participants to specific services based on the participant’s needs, the service’s ability to comply with the Court’s reporting requirements, and the service’s capacity to provide appropriate care (e.g., mental or physical health, language, etc.). Case Managers work in collaboration with clinicians, Drug Court Team members, and other service providers for the benefit of the participant. This aids in forming treatment strategies and identifying issues currently affecting the participant’s recovery.
(2) Community Supervision Officers; Compliance Officers. Community Supervision Officers and Compliance Officers are law enforcement officers under 1 CMC § 3207 who ensure adherence to the terms and conditions of Drug Court, including maintaining public safety, monitoring and enforcing curfew, performing drug testing on participants, carrying out community supervision, documenting each participant’s requirements after each Court appearance, and providing such information to the Court.
(3) Drug Court. Drug Court is a non-adversarial system within the Superior Court that affects the rehabilitation and recovery of participants who commit drug-related crimes through continuous court monitoring, regular drug testing, and holistic substance use treatment.
(4) Drug Court Hearings. There are multiple types of hearings including:
(i) Change-of-Plea Hearing, which is the first hearing where a potential participant submits a guilty plea to be held in abeyance;
(ii) Review Hearing, which is conducted regularly to monitor participant progress as ordered by the Drug Court Judge;
(iii) Emergency Hearing, which is conducted to address emergency participant behavior at the discretion of the Court.
NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025
(iv) Order-to-Show-Cause Hearing, which is held for a participant who wants to contest their violation; and
(v) Termination Hearing, which is held to determine whether a participant should be terminated from the program.
(5) Drug Court Judge. The Drug Court Judge (“Judge”) heads the collaborative treatment Drug Court Team. In this capacity, the Judge regularly reviews case status reports detailing each participant’s compliance with the treatment plan. During regular court appearances, the Judge administers graduated sanctions and incentives to increase each participant’s accountability and to enhance long-term treatment compliance.
(6) Drug Court Manager. The Drug Court Manager (“Manager”) oversees the daily operations, including case flow, treatment planning, referrals to suitable treatment providers, and participant progress.
(7) Drug Court Team. The Drug Court Team (“Team”) is a collaborative multi-disciplinary treatment team which includes the Judge, Manager, Case Managers, Compliance Officers and Community Supervision Officers, representatives from the Office of the Attorney General, Office of the Public Defender or other defense counsel, Department of Public Safety, Department of Corrections, designated treatment providers, and other additional individuals or entities as required to sustain and enhance Drug Court operations. Any mention of the above-stated agencies in these policies and procedures is made in reference to the agency’s representation on the Team.
(8) Drug Court Treatment Providers. Drug Court Treatment Providers are public, private, and community-based treatment providers who work closely with the Team to coordinate and provide substance use treatment as well as physical and mental healthcare. This approach is an evidence-based practice designed to assist participants in avoiding criminal recidivism, reducing harm from substance use while in recovery, and treating other mental or physical illness.
(9) Law Enforcement Officers. Law Enforcement Officers include Department of Public Safety (“DPS”) and Department of Corrections (“DOC”) officers who are NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025 detailed to Drug Court. Law Enforcement Officers work closely with judiciary law enforcement officers, mainly Community Supervision Officers and Compliance Officers. Law Enforcement Officers work closely with team members to enhance positive outcomes for each participant.
(10) Office of the Attorney General (“OAG”) Criminal Division. The Office of the Attorney General, Criminal Division assigns a prosecutor to Drug Court to act as a representative on the Team. The role of the OAG, Criminal Division in Drug Court differs from its role in the traditional adjudication process. In Drug Court, all parties and counsel share the common goal of helping participants successfully comply with treatment in a community setting. The assigned prosecutor reviews new cases for legal eligibility. If a participant is arrested on a new charge, the prosecutor reviews the new case and assesses the appropriateness of the participant’s continued participation. The prosecutor is also responsible for assisting the Team’s law enforcement members with ensuring participants’ continued coordination and the appropriateness of their ongoing participation in the Program.
(11) Office of the Public Defender (“PDO”) or Defense Counsel. The Office of the Public Defender or other defense counsel acts as a representative on the Team. Defense Counsel represents and advises the participant in Drug Court proceedings. Defense Counsel also seeks to find treatment solutions for the participant which minimize the participant’s exposure to incarceration, reduce the risk of recidivism, and limit the consequence of a criminal conviction.
(12) Participant. A participant is an offender who has been accepted into the Program after entering a guilty plea held in abeyance.
(13) Potential Participant. A potential participant is an offender who is either being assessed for eligibility or is undergoing the entrance protocol, but has not yet been accepted into the Program.
(14) Staffing. Staffing is a confidential Team meeting. The initial staffing is to discuss and report on a potential participant’s eligibility and suitability. The weekly NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025 staffing is to discuss a participant’s progress and compliance.