Drug Court: Drug Diversion Series Part 3
Drug Court
Drug Court allows people who have committed non-violent felony crimes that face a minimum of 90 days in jail to receive substance abuse treatment rather than incarceration. Drug Court is thus for people who commit more serious drug crimes who are not eligible for Prop. 36.
How Drug Court Works
The Drug Court process begins when the person pleads and is sentenced. The person then applies for alternative sentencing with the probation department who reviews the case to ensure the person is eligible and meets all requirements. If they qualify, they are evaluated by a counselor from the Placer County Department of Health and Human Services and a court probation officer who determine the appropriate level of care. The person then undergoes treatment and continues to be monitored by the assigned counselor and probation officer. The person must pay for their own treatment but the cost is based on a sliding scale according to their income level.
What the Drug Court Treatment Program Entails
Treatment and monitoring in Drug Court is intense. Depending on the treatment plan, the person has to undergo counseling daily or several times per week. He or she must also attend self-help classes such as Alcoholics Anonymous or Narcotics Anonymous and undergo weekly random drug testing. The person must also meet with his or her case manager and probation officer monthly. And if the person has a relapse or slips up in some other fashion (other than an arrest) he or she will be sent to jail for 7 days the first time, 14 days the second, and 21 days the third. On the fourth violation, the participant will be kicked out of the program and ordered to serve their time. A subsequent arrest is an automatic probation violation that will cause that person to immediately begin serving their sentence.
The Benefits and Drawbacks of Drug Court
Drug court allows a person to complete their drug offense outside of jail or prison which is a huge benefit. However, there is one major concern that people should be aware of. Placer County follows a post-adjudication model which allows the person to enter treatment after they are convicted but prior to serving their sentence. In this model, failure to complete the program leads to the direct activation of the person’s sentencing. This means the person is not afforded a hearing and they can be sent directly to prison if they fail.
Drug court is not right for everyone. I am happy to put my experience to use for you to help you evaluate your options and decide the right course of action in your felony drug case.
~Dan Koukol, Placer County Criminal Defense Attorney
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