Idaho Treatment Court Rule 18. Sentencing or Disposition upon Termination from Treatment Court
(a) Except for the provisions found in this rule applicable only to a participant’s termination from a Treatment Court, sentencing and disposition proceedings will be conducted as set forth in applicable statute and rule.
(b) The judge presiding over a participant’s termination proceedings may preside over the sentencing or disposition proceedings, so long as that judge has authority to do so.
(c) If the judge that presided over a participant’s termination proceedings elects not to preside over a participant’s sentencing or disposition proceedings or the judge does not have the authority to preside over a felony sentencing or disposition proceedings, the judge shall recuse and refer the matter for reassignment.
(d) If the participant was admitted into a Treatment Court by means of a transfer of supervision as set forth in I.R.T.C. 11(a)(2), the case shall be set before the original sentencing judge or referred for reassignment. A motion for a probation violation is not required to be filed if an order of termination has already been entered in the record and the court may proceed directly to disposition.
(e) A judge presiding over a sentencing or disposition may not re-admit, admit, or order the participant back into a Treatment Court unless the participant has applied for participation in a Treatment Court and the sentencing court has been provided the Notice of Eligibility for Treatment Court form accepting the participant into a Treatment Court (see I.R.T.C. 18(b)).
(Adopted April 29, 2022, effective July 1, 2022.)
Chief Justice G Richard Bevan
Justice Robyn M. Brody
Justice John R. Stegner
Justice Gregory W. Moeller
Justice Colleen D. Zahn
Chief Judge Jessica M. Lorello
Judge David W. Gratton
Judge Molly J Huskey
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