Who is Eligable for Drug Court?
Many of our clients that have drug charges and charges stemming from drug use ask about the possibility of Drug Court. Drug Court allows eligible defendants to enter the program one of three ways:
1. Diversion based on approved local procedures.
2. As a condition of probation
3. Through deferred prosecution (not commonly used in Franklin County)
What is Drug Court?
Drug Court operates under the Department of Specialty Courts at the Administrative Office of the Courts. Drug Court is one of the Commonwealth's most common specialty courts. Instead of spending time in jail, eligible participants complete a substance abuse program supervised by a judge. Drug Court graduates are more likely to return to productive lives and stay gainfully employed, pay child support and meet other obligations. That said, Apollo Law has represented several Drug Court graduates on new drug charges. It takes continual work to stay sober. Simpy graduating from Drug Court is not, in of itself, enough to keep a person sober.
Kentucky Drug Court was created in 1996 to assist individuals who have entered the criminal justice system as a result of drug use or drug-related criminal activity.
The program uses a team, a Drug Court Panel, approach that requires collaboration among judges, Specialty Court staff, prosecutors, defense counsel (our attorney was on the panel when he worked for the Department of Public Advocacy), treatment professionals, law enforcement officers and other community agencies. These professionals are supposed to help addicted individuals regain control of their lives through judicial oversight, intensive supervision and monitoring, participation in substance abuse treatment sessions and self-help groups, frequent and random urine screens, and referrals to community service agencies and other services.
The Three Phases of Drug Court
The program consists of three phases and aftercare and can be completed in a minimum of 18 months for participants with felony convictions and 15 months for those convicted of misdemeanors (Apollo Law rarely sees individuals convicted of misdemeanors agree to enter into Drug Court). It takes an average of 22 to 25 months to complete the program. The three phases are as follow.
Phase One: Stabalization Phase
Phase Two: Education Phase
Phase Three: Self-Motivation Phase
There are no direct costs to participate in Drug Court. However, the treatment provider may require a minimal co-payment for substance abuse treatment services.
1. Ten Key Components of Drug Court.
2. Drug Court Participants Handbook.
Call Apollo Law for a consultation if your or a loved one are considering Drug Court!