Drug Diversion Option

The State of Washington is charging you with a crime, which is drug or alcohol 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/alcohol problem.

If you choose Option 3, you may qualify for entry into Skamania County’s Superior Court Drug Diversion Program. To be eligible, you must have a diagnosed drug/alcohol addiction and be willing to enter into and successfully complete treatment. You will also be on active probation for the duration of the program. The program will last for a period of not less than 24 months and not more than 36 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 re‐filed.

However, 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 allow you to continue 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 in or out the state, which would interfere with entry into the treatment program.
• No prior Drug Court or drug or alcohol related diversion completion.
• Skamania County will be the location of all treatment, unless referred to an inpatient or residential treatment facility.
• The defendant must agree to release ALL information to all parties involved for the duration of the program.
• The defendant must volunteer for the program.
• The defendant must be addicted to controlled substances and/or alcohol.
• The defendant may be required to pay for a portion of treatment.
• The defendant may be required to pay the costs of urinalysis or other drug/alcohol testing.
• The defendant must provide their own transportation to and from all required appointments.
• The defendant must reside in Skamania County.

• Modifications to the eligibility criteria shall be negotiated between the prosecutor and your attorney; and then included in the Drugs No More Diversion Agreement.

*** IF YOU ARE INTERESTED IN PARTICIPATING IN THE DRUGS NO MORE PROGRAM, PLEASE REACH OUT TO YOUR LAWYER AND ASK FOR THEM TO COMMUNICATE INTEREST TO THE PROSECUTING ATTORNEY ***

Skamania County “Drugs No More” Diversion Program

Description: A court‐ supervised program for non‐violent drug/alcohol 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/alcohol 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/alcohol free status and remain drug/alcohol free for a continuous period of one year. If the defendant cannot remain drug/alcohol free for a one‐year period during the two years of supervision, the court can extend the program for one more year. Drug/alcohol use during that final year will result in revocation from the “Drugs No More” Diversion program.

Treatment

Treatment services will be conducted by Skamania County Community Health, its staff or another qualified treatment provider approved by the court and prosecutor. An intensive chemical dependency interview and assessment will be completed by SCCH prior to final acceptance in the “Drugs No More” Diversion program.

• Treatment plans must be signed by both the client and counselor.
• Participants must remain in an approved substance use disorder (SUD) program at all times while in the DNM Program.

Once accepted into the DNM Diversion program monitoring of substance abuse will be administered by probation, treatment provider or the court by use of random urinalysis, breathalyzer, oral swab, hair follicle or other alcohol/drug testing. The treatment provider may require AA or NA meetings and participation in recovery and support groups as part of treatment plan.

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. Each review is a mandatory attendance with no excused absences, and you will not be allowed to leave the courtroom until you’re excused by the judge.

One‐half hour prior to the compliance review hearings, the supervising probation officer, prosecuting attorney, and the treatment provider 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.

Drugs No More 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 to use, possess, or ingest illegally controlled substances or prescriptive drugs without prescription, not to use, possess, or ingest any intoxicating beverages including but not limited to alcohol, not to consume inhale or otherwise ingest any substance for the purpose of seeking intoxication or mood altering effect, and not to engage in any other drug seeking behavior, 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 SCCH including, but not limited to, attending all appointments, meetings or sessions.
3. Remain in an approved substance use disorder program at all times while part of the DNM diversion program.
4. Be subject to the supervision of and maintain regular contact with the Skamania County Probation Office 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, cannabis, or illegal drugs, and any or all pre‐trial release conditions.
5. Submit to regular and random drug/alcohol testing as directed by the treatment specialist, probation officer or the court.
6. Attend compliance hearing (and any and all other hearings) before the Superior Court as required.
7. Attend approved self-help support groups (such as AA or NA or religious) if part of treatment plan.
8. Comply with any and all of the Superior Court’s orders or sanctions that may be issued during the pendency of this Diversion Program.
9. Not engage in any further criminal law violations.
10. Not have firearms in residence or on your person when reporting to Skamania County Probation Office.

Financial Obligations

1. Court appointed attorney fees.
2. Court costs of $200.00
3. Diversion Fee (Superior Court) $150.00
4. Skamania County Drug Fund $500.00
5. Probation Fees @ 50.00 per month ($1200.00 minimum over 24 months) and participants may need to pay for drug/alcohol testing.
6. May need to pay a portion or all of Substance Abuse Evaluation and Treatment.
7. Make regular payments towards the above legal financial obligations and anything additional such as restitution negotiated with your attorney.

Educational, Vocational, and Employment

Recovery from substance addiction means developing self‐sufficiency and becoming a responsible and accountable person who contributes to the community. Prior to graduation from the program, you will be expected to be employed, and/or involved in an educational or vocational training program.

Compliance and Accountability

1.  Attendance – Mandatory attendance is required for all court appearances and services unless you have documentation from a physician, a verifiable legal issue, or other set of circumstances that are acceptable to your treatment provider counselor, your probation officer, and the Judge.
2. Financial Responsibility – You must pay treatment costs and court‐imposed fees as required by the Judge. Failure to maintain financial arrangements may result in program non‐compliance. Payment of all fees is viewed as a therapeutic component of your treatment plan and you will be held accountable. If costs and fees cannot be fully paid, arrangements satisfactory to the court must be accomplished. Failure to meet agreed upon financial program responsibilities in a timely manner places you in a non‐compliance status which will be addressed by the Judge.
3. Participation – All court services require active participation and self‐disclosure. Attendance alone does not equate to participation and program compliance. For example, failure to work on and complete homework assignments may result in a program adjustment or sanctions by the Judge.
4. Contract Compliance – You will be expected to abide by the conditions set forth in the Diversion Agreement, the Treatment Plan, and any other conditions, including direction of the Probation Department. Violation of any terms will immediately be reported to the Judge who will make the final decision regarding a course of action.
5. Accountability - All program compliance violations and illegal behavior will be immediately reported to the Judge. *Accountability has proved to be the single most important aspect to treating chemically addicted offenders. Consistent accountability with guidelines and consequences clearly defined are a must. In addition, a strong working relationship with your treatment provider counselor and probation officer is critical.

Skamania 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 disclose treatment records 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.

The law does 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.

IN APPLYING FOR AND PARTICIPATING IN THE DRUG DIVERSION PROGRAM, YOU WILL BE ASKED TO CONSENT TO DISCLOSURE OF YOUR TREATMENT RECORDS 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 with the program. Violations of conditions of the “Drugs No More” Diversion Program will result in loss of demerit points and sanctions. If a participant loses 5 demerit points, a recommendation for revocation from the Drugs No More Program will be submitted to the court.

Violations resolved administratively through the probation officer may include:

• Verbal reprimand/Verbal caution
• Increased alcohol/drug testing.
• Increased attendance requirements at AA/NA
• Enhanced treatment level/ possible inpatient treatment (w/providers recommendation)
• Increased probation appointments

Violations forwarded to the court for adjudication may result in sanctions that include but are not limited to:

• Loss of Demerits (you are only allowed 5)
• Mandatory enhanced treatment level demotion
• Inpatient treatment (w/providers recommendation)
• Jail
• Community Service
• Work Crew

The following shall result in termination from the "Drugs No More" Program:

• The loss of 5 demerits during the entirety of the program.
• A relapse after the 24^th month in DNM
• Conviction of a new criminal offense.
• Being disruptive or harmful to the other DNM Participants.
• Failure to successfully complete treatment
• Absconding from supervision
• Failure to pay all legal financial obligations prior to completion of the program.
• Refusal to submit to urinalysis, breathalyzer or other drug testing.

Common violations include but are not limited to:

• No show for probation appointment/check in
• Forged AA/ NA slip (If attendance is part of treatment plan)
• Positive urinalysis, breathalyzer, oral swab, hair follicle or other drug test
• Missed treatment session
• Missed Self Help Support Group Meeting (If part of treatment plan)
• Late for treatment or urinalysis, breathalyzer or other drug testing
• Fired from job
• Quit job without first having a new one
• Attempts to delay or evade urinalysis, breathalyzer or other drug test
• Failure to report to probation as required
• Late or non‐payment of treatment fees (If applicable)
• New criminal offense

Requirements for graduation from the "Drugs No More" program:

1. 12 continuous (unbroken) months of drug and alcohol abstinence as measured by urinalysis, breathalyzer, oral swabs, and hair follicle testing results.
2. A minimum of 1 demerit remaining.
3. Full payment of any court‐imposed fees, fines, supervision costs, including restitution.
4. If restitution cannot be fully paid, arrangements satisfactory to the Court must be accomplished.
5. Full payment of any treatment costs, if any.
6. 4 continuous (unbroken) months of full-time employment, full time school attendance, or a combination of work and school.
7. Successful completion of Skamania County Community Health Drugs No More Treatment Program.

 The program is based upon the understanding that substance abuse and drug addiction are chronic, progressive, relapsing disorders and behaviors that can be successfully treated. Drugs No More will support you in achieving total abstinence from alcohol and other drugs and assist you in becoming a productive and responsible person in the community. You must be motivated to make this change and commit to a drug‐free life. This will be hard work on your part.