Drug CourtDRUG DIVERSION OPTION
The State of Washington is charging you with a crime, which is drug related.
You Have Three Options
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.
PRODEDURE FOR PETITIONING FOR THE DIVERSION PROGRAM
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:
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:
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:
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.
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:
VIOLATIONS RESULTING IN TWO DEMERIT POINTS:
VIOLATIONS RESULTING IN THREE DEMERIT POINTS:
VIOLATIONS RESULTING IN FOUR DEMERIT POINTS:
VIOLATIONS RESULTING IN FIVE DEMERIT POINTS AND SHOW CAUSE APPEARANCE BEFORE THE COURT:
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
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
Larry D. Barker
Director/Chief Probation Officer
Community Restitution Coordinator
205 S Columbus Ave MS-CH 10
Goldendale, WA 98620
Fax: 509 773-3732
Phone: 509 773-3776
Phone: 800 355-9069