Klickitat County, Washington Klickitat County, Washington Adult Probation Icon

Home > Adult Probation Services Home > Drugs No More Program > Drug Court

Drug Court

DRUG DIVERSION OPTION


The State of Washington is charging you with a crime, which is drug related.


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 Co., Washington.


PRODEDURE FOR PETITIONING FOR THE DIVERSION PROGRAM
  1. Defendant arraigned.
  2. 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."
  3. Within one month of the date of arraignment, defendant shall have completed an evaluation and assessment for drug treatment from Dependency Health Services (DHS).
  4. 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.
  5. 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.
  6. The Court will consider the petition and grant or deny the petition.


KLICKITAT COUNTY “DRUGS NO MORE" DIVERSION PROGRAM
Description: A court-supervised program for non-violent drug dependent offenders. The Court provides a chance for these offenders, through treatment, supervision, substance abuse monitoring and regular Court reviews, to avoid criminal prosecution for their offense and begin a drug free life. The “Drugs No More" Diversion program shall be for 24 months. During this period of time, the offender must eventually obtain a drug free status and remain drug free for a continuous period of one year. If the defendant cannot remain drug free for a one-year period during the two years of supervision, the Court can extend the program for one more year. Drug use during that final year will result in revocation from the “Drugs No More" Diversion program.

Treatment: Treatment services will be conducted by DHS counseling, its staff or another qualified treatment provider approved by the Court and prosecutor. An intensive chemical dependency interview and assessment will be completed by DHS prior to final acceptance in the “Drugs No More" Diversion program.

A formal assessment needs to include the following components:
  1. Detailed drug use history:
            a. When did they begin using?
            b. Who introduced them to drugs? i.e. family, friends, etc.
            c. What is their drug use progression?
            d. Current drug(s) of choice?
            e. Prior treatment episodes. When, what level of care, out come?
            f. Length of sobriety prior to relapse?
            g. Have they ever tried to stop on their own?
  2. Medical history:
            a. History of medical conditions and diagnosis.
            b. Current physician?
            c. Currently under a doctor's care?
            d. Dentist?
            e. Current dental complaints?
            f. Medications?
            g. Infectious diseases?
            h. Disability: How long and for what reason? Plan? Allergies?
  3. Family history:
            a. Who do they live with?
            b. Relationship with natural parents? Do they use?
            c. Siblings? Ages and relationship with each. Do they use?
            d. Extended family?
            e. History of family substance abuse?
            f. History of family mental illness?
            g. Family willingness to participate in treatment?
  4. Social/economic history:
            a. Where do they live? Are there users in the home?
            b. Do peers use?
            c. Employment status.
            d. Education history.
            e. Leisure activities.
            f. Hobbies and recreational interest
            g. What do they really enjoy doing?
            h. Treatment plans should be signed by both the client and counselor.
            i. What skills do they have or would like to learn?
  5. Abuse history:
            a. Were they abused as a child? If so, by whom? Did they undergo counseling?
            b. Were they abused as an adult? If so, by whom? Was it reported?
            c. Have they ever abused someone else? If so, who?
            d. Have they ever attempted to kill someone else?
            e. Have they ever attempted suicide?
    
Once accepted into the DNM Diversion program monitoring of substance abuse will be done by the Klickitat County Adult Probation Services, evaluator, treatment specialist or the court by the use of random urinalysis and breathalyzer testing. The Court may also order Moral Reconation Therapy (MRT), AA or NA meetings and participation in recovery and support groups.

Moral Reconation Therapy (MRT): Dependency Health Services offers a systematic, twelve-step program for offenders that is designed to enhance self-image and promote personal growth. A facilitator helps class members' work through a 25-chapter workbook that presents a variety of ideas and materials designed to help them raise their moral reasoning levels, investigate their goals in life, and develop their personalities in positive, productive ways.


Compliance Review Hearings:Compliance Reviews will be held before a Judge at such time as set by the court. The defendant will be notified at each hearing of the date of his/her next hearing. The defendant is required to attend this compliance review hearing in person to allow the Judge to oversee the progress of the defendant through the program and compliance with conditions of the diversion agreement. You will be required to attend every review hearing, approximately once per month.

During the third phase of the treatment program, months twelve to twenty-four, attendance may be every other month, with the judge's approval.

One-half hour prior to the compliance review hearings, the supervising DOC Probation officer, the treatment provider, and the prosecuting attorney will meet for the purpose of developing and reviewing each client's progress as it relates to the individualized treatment plan. This group will agree on responses (sanctions and incentives) as a recommendation to the judge. The Probation officer, prosecutor and treatment provider shall attend all compliance review hearings.

DNM Diversion Conditions of Supervision:If accepted in the DNM Diversion Program, the defendant agrees to comply or be subject to the following terms and conditions:
  1. Not use or ingest any illegal substances or consume any alcohol, or be in places or areas where illegal drugs are used or consumed, for a period of twenty-four months or for the term of this Diversion Program, whichever is longer. Defendant recognizes that in order to complete this diversion program; he/she must remain drug and alcohol free for at least a one-year period. In any event, defendant recognizes that in order to complete this diversion program; he/she has thirty-six months in which to provide the court with proof of his/her one year of being drug and alcohol free prior to completion of the program.
  2. Complete any and all treatment plans recommended by DHS including, but not limited to, attending all appointments, meetings or sessions.
  3. Be subject to the supervision of and maintain regular contact with the Klickitat County Adult Probation Services and the Superior Court during the pendency of this Diversion Program and to comply with all of the court's and the Probation officer's conditions, orders and recommendations including, but not limited to, random urinalysis or other testing to determine use of alcohol or illegal drugs.
  4. Submit to regular and random drug testing as directed by the treatment specialist, Probation officer or the court.
  5. Attend compliance hearings (and any and all other hearings) before the Superior Court as required.
  6. Attend at least 2 approved self help support groups (such as AA or NA) each week for the entire period of the diversion program.
  7. Comply with any and all of the Superior Court's orders or sanctions that may be issued during the pendency of this Diversion Program.
  8. Not engage in any further law violations.
  9. Not have firearms in residence or on your person when reporting to Klickitat County Adult Probation Services.


Financial Obligations:
  1. Court appointed attorney fees
  2. Court Costs as set by statute
  3. Diversion Fee (Superior Court) $150.00
  4. Klickitat Co. Drug Fund/Municipal Drug Fund $500.00
  5. Probation Fees @$20.00 Month and cost of urinalysis tests.
  6. Cost of Substance Abuse Evaluation and Treatment.


KLICKITAT COUNTY DRUG DIVERSION
NOTIFICATION:CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS


The confidentiality of alcohol and drug abuse patient records maintained by a program is protected by federal law and regulations. Generally, the program may not say to a person outside the program that a patient attends the program, or disclose any information identifying a patient as an alcohol or drug abuser unless:
  1. The patient consents in writing;
  2. The disclosure is allowed by a court order; or
  3. The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.


Violation of the federal law and regulations by a program is a crime. Suspected violations may be reported to appropriate authorities in accordance with federal regulations.

Federal law and regulations do not protect any information about a crime committed by a patient either at the program or against any person who works for the program or about any threat to commit such a crime.

Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported under state law to appropriate state or local authorities.

(See 42 U.S.C. Section 290dd-3 and 42 U.S.C. Section 290ee-3 for federal laws and 42. C.F.R. Part 2 for federal regulations.)

IN APPLYING FOR AND PARTICIPATION IN THE DRUG DIVERSION PROGRAM, YOU WILL BE ASKED TO CONSENT TO DISCLOUSRE OF THIS INFORMATION AS OUTLINED IN THE CONSENT FORM.

SANCTION SCHEDULE


Each offender placed on the “Drugs No More" Diversion program will be required to appear before the Judge once a month to review compliance to the program. Violations of conditions of the “Drugs No More" Diversion program will result in demerit points and sanctions. Once a participant obtains 5 demerit points a report will be submitted to the attention of the Court with a recommendation for additional Court sanctions. The demerit points will be applied as follows:

VIOLATIONS RESULTING IN ONE DEMERIT POINT:
  • Missed Self Help Support Group meeting
  • Late for treatment or urinalysis testing
  • No sponsor letter
  • Missed homework assignment
  • Late or non-payment of treatment fees


Possible Sanctions:
  • Verbal reprimand
  • Community service/work crew hours (8 hours)
  • Increase drug testing
  • Written report


VIOLATIONS RESULTING IN TWO DEMERIT POINTS:
  • No show for probation visit
  • Forged Alcoholics Anonymous slip
  • Positive urinalysis test (1st)
  • Missed treatment session (1st)
  • Fired from job
  • Quit job without first having a new one
  • Stalled UA/BA drug test
  • Using medication without prior approval (sanction at discretion of treatment specialist)
  • Late Court fee payment


Possible Sanctions:
  • Community service/work crew (16 hours)
  • Increase attendance at AA/NA meetings
  • Increase drug testing
  • Written report


VIOLATIONS RESULTING IN THREE DEMERIT POINTS:
  • Failure to report for one week
  • Positive UA/BA (2nd)
  • Missed treatment session – 2nd.


POSSIBLE SANCTIONS:
  • Community service/work crew (24 hours)
  • Increase attendance at AA/NA
  • Increase UA/BA testing


VIOLATIONS RESULTING IN FOUR DEMERIT POINTS:
  • Positive UA/BA (3rd)
  • Missed treatment Session - 3rd.


POSSIBLE SANCTIONS:
  • Community Service/work crew (32 hours)
  • Increase AA/NA attendance
  • Demotion in treatment level
    Inpatient treatment
  • Increase in Court Status appearances


VIOLATIONS RESULTING IN FIVE DEMERIT POINTS AND SHOW CAUSE APPEARANCE BEFORE THE COURT:
  • Failure to report l0 plus days
  • Positive UA/BA (4th)
  • Failing to report to probation officer for scheduled report day.
  • Missed treatment session - 4th
    No payment toward treatment or Court fees for two months.
    New Criminal Offense


POSSIBLE SANCTIONS:
  • Mandatory demotion
  • Inpatient treatment
  • Mandatory appearance before Court
  • Jail 10 or more days


Termination from the “Drugs No More” program.

FAILING TO SUCCESSFULLY COMPLETE TREATMENT OR CONVICTION OF A NEW FELONY OFFENSE OR ABSCONDING FROM SUPERVISION WILL RESULT IN IMMEDIATE TERMINATION FROM THE “DRUGS NO MORE” DIVERSION PROGRAM.


Date of Source Material: 6/19/2008
Source: Klickitat County Adult Probation

CONTENT INDEXES

Adult Probation Home   Probation Services   Electronic Home Monitoring   Community Restitution   Drugs No More Program   Deferred Prosecution   Community Resources   Sex Offenders In Our Area   Press Release  

Contact:
Larry D. Barker
Director/Chief Probation Officer


Jenny Montgomery
Case Manager


Courtney Cooke
Probation Clerk
courtneyc@co.klickitat.wa.us


205 S Columbus Ave MS-CH 10
Goldendale, WA 98620
Fax: 509 773-3732
Phone: 509 773-3776
Phone: 800 355-9069

Top of Page