Drug Treatment Court

Drug Treatment Court

Eligibility Requirements

1. Must be convicted of possession or use of a controlled substance, or of a “drug-driven” offense, but not including DUI

2. Must be eligible for probation

3. Must be a resident of Merced County

4. Cannot be a “violent offender” as defined in the grant application, ie,

Current conviction:

a. Cannot be charged or convicted of an offense during the course of which

1. The person carried, possessed, or used a firearm or other dangerous weapon,

2. There occurred the use of force, or threatened against the person of another, or

3. There occurred the death of, or serious bodily injury to the person of, another

Prior conviction

b. as one or more prior felony convictions of a felony crime of violence involving the use or attempted us of force against a person with the intent to cause death or serious bodily harm.

5. The Drug Treatment Court Judge or Commissioner must make a determination that the applicant is an able, willing, and suitable candidate for Drug Treatment Court.

6. Must be able to pay restitution

7. Must be ineligible for participation, or continuing participation, in PC1000 drug court

8. Cannot have ineligible charges pending in another case

9. Cannot be subject to a sex-offender registration requirement

DRUG TREATMENT COURT

LIST OF DISQUALIFYING FACTORS

1. Current Charges

a. Serious or violent felony

b. Possession or use of dangerous weapon or firearm charged or shown by the evidence

c. Driving under the influence

d. Use of force against the person of another charged or shown by the evidence

2. History

a. Conviction of serious or violent felony

b. Felony conviction with possession or use of firearm or other deadly/dangerous weapon

c. Conviction for sale or possession for sale

d. Conviction of felony crime of violence involving intent to cause death or serious bodily harm

3. Residence outside Merced County

4. Eligibility for PC1000 deferred entry of judgement (except those who have failed the program)

5. Ineligibility for probation

6. Ineligible charges currently pending in another case

7. Determined unsuitable by the Drug court Judge/Commissioner

LIST OF PRESUMPTIVE DISQUALIFYING FACTORS

1. Current charge of transportation/or prior conviction of transportation

2. Previous conviction for felony violence

3. Prior prison or California Youth Authority (CYA) commitment

4. Currently on parole, probation or other conditional release/suspended sentence

5. Subject to registration requirement (except per PC11590)

6. Holds from other jurisdictions or from immigration

7. History of Failure To Appear (FTA’s)

8. Victim restitution due

9. Current membership in a street gang

10. Evidence of possession for sale

11. Evidence of current sale(s)

12. Eligible for probation only upon finding of unusual circumstances

Drug Treatment Court Eligibility Requirements – Merced County, CA