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1. What is Drug Court?

Drug Court is an alternative to the traditional court process. In Drug Court, intensive treatment, rather than incarceration, is used as the primary means of coping with drug use, abuse, and addiction.

The Program is designed to keep qualified applicants as contributing members of society rather than requiring society to incur the costs of jailing or imprisoning these applicants. Through Drug Court you will receive treatment, specifically designed for the individual, intended to resolve the issues that brought you before the Court, as well as intensive supervision and interaction by the Court and Drug Court team.

2. What’s the benefit of Drug Court?

If you successfully complete Drug Court, you will be a working, contributing member of our community rather than in jail or prison. You will be able to preserve or restore relationships with family and friends. You will be drug free.

Upon graduation from Drug Court, the criminal charges which brought you before the Court will be completely dismissed and there will be no conviction for these charges on your criminal record.

3. What the downside of Drug Court?

Drug Court is hard work. Expectations include:

• You must comply with all of the Drug Court Rules.
• You must remain drug free.
• You will be required to appear in Court frequently so that the Court may monitor your progress.
• You will be required to comply completely with the Master Treatment Plan recommended by your Treatment Assessor and implemented by the Court.
• You will be required to report to the Drug Court Supervisor as often as requested by the Supervisor.
• You will have to work or be enrolled as a full time student.

Failure to do your part will result in a sanction, which may include termination from the Drug Court and imposition of your jail or prison sentence. Your attorney will fully explain the complete list of Drug Court Rules and Sanctions prior to any Application to Drug Court.

4. Who qualifies for Drug Court?

Qualified Persons

Potential people who can qualify include:

• Any person charged with the illegal possession of use of marijuana, cocaine, controlled substances, or drug paraphernalia
• Any person who is charged with obtaining or using forged prescriptions

Unqualified Persons

• Persons who are currently charged with or have past convictions for sale or distribution of marijuana, cocaine, or controlled substances
• Individuals who have current charges or past convictions for any crime of violence, including but not limited to:
  • Crimes That Involved the Use of Illegal Possession of Firearms
  • Felony Assault
  • Manslaughter
  • Murder
  • Rape

Other Stipulations

Applicants may be rejected for entry into Drug Court by the District Attorney’s office or the Drug Court Team for reasons particular to the Applicants case or background. Any Drug Court applicant who is rejected for Drug Court entry shall be subject to the normal judicial process, and the Drug Court Application and rejection shall not affect or prejudice his or her case in any way.

5. What is the Drug Court Team?

Duties

The Drug Court Team is a group of individuals who:

• Monitor the progress of Drug Court participants
• Recommend alterations to treatment programs
• Recommend appropriate sanctions for participants who do not comply with the terms of their treatment or Drug Court Rules
• Recommend graduation and dismissal of criminal charges for successful participants in Drug Court
• Review Drug Court Applicants for inclusion in Drug Court

Members

The Drug Court Team is led by the presiding Drug Court Judge, who makes all final decisions regarding implementation of the various recommendations. The Drug Court Team is also composed of other judges, as well as representatives from:

• District Attorney’s Office
• Drug Court Coordinator
• Drug Court Supervisors
• Members of the community at large.
• Public Defender’s Office
• Shelby County Commission
• Shelby County Sheriff’s Office
• Shelby County Work Release
• Treatment Professionals

6. How does Drug Court work?

If you decide that Drug Court is appropriate for you, after discussing it with your attorney, you will submit an application to Drug Court. If the application is accepted, you and your attorney will enter a plea agreement on one or more of the charges against you with the District Attorney’s Office. The plea agreement will include a jail or prison sentence, and the will be submitted to the Drug Court. Your sentence will not be imposed at that time, but rather will be suspended pending your completion of all Drug Court requirements. The specific requirements for graduation from Drug Court are set forth in the Drug Court Rules, which your attorney will provide to you.

If you complete Drug Court (a process that usually takes 12 to 18 months) your plea agreement will be withdrawn and all charges will be dismissed.

If you fail to complete Drug Court, you will be terminated from the program, you plea agreement will be accepted by the Court, and your jail or prison sentence will be imposed.