Eligibility & Program Admission

If the State of Washington is charging you with a drug-related crime, you have three options:
  1. Enter a plea of “Not Guilty" and ask for a trial.
  2. Plead guilty to the charge(s).
  3. Ask for help with your drug problem.
If you choose Option 3, you may qualify for entry into Klickitat County's Superior Court Drug Diversion Program. To be eligible, you must have a diagnosed drug addiction and be willing to enter into and successfully complete treatment. The program will last for 24 months.

During that time you must comply with all conditions imposed on you by the judge. If you successfully complete the drug court requirements, the charges against you will be dismissed and cannot be refiled.

On the other hand, if you are not successful in treatment or if you do not comply with the Court's orders, the judge may terminate you from the program. The judge may also continue you in the program and impose sanctions for any violations that you commit.

If terminated from the program, there will be a non-jury trial on stipulated facts, and if you are found guilty the judge will sentence you. For more information on the program, please consult your attorney.

Eligibility Criteria

  • The defendant cannot have prior sex or violent crime convictions, or be charged with a sex or violent crime.
  • The defendant cannot have holds from other jurisdictions, either within or without the state, which would interfere with entry into the treatment program.
  • No prior drug court or drug related diversion completion.
  • Klickitat County will be the location of all treatment.
  • The defendant must volunteer for the program.
  • The defendant must be addicted to controlled substances.
  • The defendant must be able to provide for the cost of treatment.
  • The defendant must be a resident of Klickitat or Skamania County, Washington.

Procedure for Petitioning for the Diversion Program

  • Defendant arraigned.
  • At the scheduled omnibus hearing, defendant presents to the court a signed “Agreement to be Evaluated for Drugs No More Suitability" and "Release of Information."
  • Within one month of the date of arraignment, defendant shall have completed an evaluation and assessment for drug treatment from Dependency Health Services (DHS).
  • Prior to the Criminal Motion Docket when defendant will present the petition for Drug Diversion, a representative of Klickitat County Adult Probation Services, defense counsel, treatment provider and prosecuting attorney shall meet to discuss recommendations as to whether the defendant should be admitted into the Diversion Program.
  • On the first Criminal Motion Docket after the evaluation is completed, the defendant shall present to the court a signed “Consent for Disclosure of Confidential Substance Abuse Information; Drug Court," a “Diversion Petition Agreement and Order of Approval" and a drug assessment/evaluation done by DHS.
  • The Court will consider the petition and grant or deny the petition.