URGENCY Diminished Drug Court California

ELIGIBILITY AND SUITABILITY FOR DRUG COURT

http://sfsuperiorcourt.org/sites/default/files/pdfs/1953_2.pdf#page=4&zoom=auto,0,789

Let see in Los Angeles, I was accused of a crime, and went to court. I desired a trail by jury. The state dropped the charges. Now if there is any reality a persons substance use and the civic, then proper procedure should be followed. Such as Drug Court in California. By which a court order is determined. Yes l would want the courts to determine this issue.

Proposition 36...more commonly referred to as "Prop 36"...is a criminal sentencing initiative that was passed by California voters on November 7, 2000. Prop 36 requires that eligible non-violent drug offenders serve their time in a drug treatment program instead of in jail or prison. Eligibility is a legal determination based on the nature and type of charges filed against a defendant as well as that defendant’s prior criminal history. Pursuant to existing MOU guidelines (see Appendix I), the District Attorney makes all eligibility decisions. The most significant component of eligibility is a demonstrated substantial substance abuse problem associated with criminal conduct and an effort to balance the concern for public safety. Unlike eligibility, suitabilityis a more comprehensive assessment. The Court in consultation with the Drug Court team determines suitability.

The Court will consider a Drug Court Treatment Center (DCTC) assessment, a criminal history proffered by the District Attorney, Police Department and the Adult Probation Department, and any other relevant information. Suitability measures, among other considerations, the likelihood that an offender will participate in and complete the DC treatment program. Suitability is determined based upon a person’s level of addiction. Clinical team members will design a treatment plan based on individual need. An individual may be determined to be unsuitable for DC participation when that person is likely to pose a danger to the physical and emotional well-being and recovery efforts of other participants.

The Court, with input from the defense attorney, district attorney and probation, will make an early legal determination of unsuitability if the defendant is unlikely to participate in residential or intensive outpatient treatment services under the supervision of DC.

TERMINATION FROM DRUG COURT

Since eligibility for Drug Court participation is not a right of the defendant, the Court may terminate a participant at any time. 

In the state of Arizona, the following are the drug court determinations: The Maricopa Count Adult Drug Court has been in operation since 1992. The program offers a cognitive based, outpatient counseling and drug monitoring program for offenders. Client program compliance is monitored regularly by the Drug Court team. The team consists of the judge, probation officer, public defender, county attorney and counselor. Participants are drug tested randomly at a minimum of five to eight times per month, and are required to attend support group meetings, in addition to the group counseling sessions. Drug Court clients participate in Healthcare Literacy classes in an effort to encourage healthcare enrollment and/or utilization of treatment services, including medically assisted treatment (MAT). 

ELIGIBLE FOR DRUG COURT

• Probation eligible drug related felonies with at least two years' probation
• Must reside in the Drug Court supervision area

NOT ELIGIBLE FOR DRUG COURT

• Marijuana conviction only or the defendant possesses a verified marijuana card
• Sales offenses ARE NOT eligible unless charges are pled down from sales
• Stand-alone first-strike Prop 200 cases
• They do not reside in the Drug Court designated zip code area

ADVANTAGES OF DRUG COURT

• Length of Probation grant determined by defendant's compliance to program requirements
• Fines deferred
• Random drug testing
• Team supervision: Judge, Public Defender, Probation Officer, Counselor
• Treatment services based on a clinical assessment
• Rewards and incentives for program compliance
• Added resources for family
• Pro-social activities
• Credit for Community Service