New Hampshire § 490-G-1 - Section 490-G:1 Purpose; Policy and Goals.

§ 490-G-1. Section 490-G:1 Purpose; Policy and Goals.

I. The legislature recognizes that a critical need exists in this state for the criminal justice system to reduce the incidence of substance abuse and the crimes resulting from it. For the criminal justice system to maintain credibility, all drug offenders must be held accountable for their actions. A growing body of research demonstrates the impact of substance abuse on public safety, personal health and health care costs, the spread of communicable disease, educational performance and attainment, work force reliability and productivity, family safety, and financial stability. Requiring that accountability and rehabilitating treatment, in addition to or in place of, conventional and expensive incarceration, will promote public safety, the welfare of the individuals involved, reduce the burden upon the public treasury and benefit the common welfare of this state. The goals of this chapter shall include: (a) To enhance community safety and quality of life for citizens; (b) To reduce recidivism; (c) To reduce substance abuse; (d) To increase the personal, familial, and societal accountability of drug offenders; (e) To restore drug offenders to productive, law-abiding, and taxpaying citizens; (f) To promote effective interaction and use of resources among criminal justice and community agencies; (g) To reduce the costs of incarceration; and (h) To improve the efficiency of the criminal justice system by enacting an effective methodology. II. While working in drug court reshapes the traditional roles of judges and lawyers, ethical duties do not significantly differ from those in traditional courtrooms. Drug court judges and lawyers must adhere to the standards set forth in the Model Code of Judicial Conduct, the Model Rules of Professional Conduct, the American Bar Association Standards of Criminal Justice, and the Model Drug Offender Accountability and Treatment Act. The proper exercise of the roles of judge or lawyer in the drug court need not conflict with the professionals' ethical obligations and can enable judges and attorneys to fulfill the highest aspirations of their professional ethics while embarking on an innovative way to break the cycle of substance abuse and crime. Drug court judges and attorneys must remain continually cognizant of the due process rights guaranteed to all citizens and the state's substantial interest in maintaining effective and efficient judicial and penal systems.