GovernmentServicesAbout UsBusinessHow Do I?
Click to Home

Go To Search
HomeRSSEmailFacebook

Local Rule 21

RULE 21 – SPECIALIZED DOCKET THE MIAMI COUNTY COMMON PLEAS DRUG COURT PROGRAM

21.01 Creation of Specialized Docket, "The Miami County Common Pleas Drug Court Program."

There is hereby created in the Court in its criminal division, a specialized docket for the handling of convictions of third, fourth, and fifth degree non-violent felonies that are recognized to have occurred because of alcohol or other drugs. This specialized docket shall be named the "Miami County Common Pleas Drug Court Program" and shall be known as the "Common Pleas Drug Court Program." Persons sentenced to community control or who are on judicial release or who are on intervention in lieu of conviction, and who qualify for the Common Pleas Drug Court program will be supervised by a judge, known as the Miami County Common Pleas Drug Court Program Judge, reporting to that judge on a frequent basis, along with other Common Pleas Drug Court Program participants.

21.02 Eligibility Criteria for Miami County Common Pleas Drug Court Program Admission.

A. Potential Common Pleas Drug Court Program participants may enter the program on new charges, a probation violation or as a condition of judicial release. In any of these situations, the original charge may not be an offense of violence as defined in R.C. 2901.01, with the exception of domestic violence, which must be determined on a case-by-case basis, nor may it be a sexually oriented offense. The conviction must be to a third, fourth or fifth degree felony. Due to the intensive demands of the program requirements, all Drug Court participants must be residents of Miami County.

B. A potential participant who desires to be considered for the Common Pleas Drug Court Program is to be evaluated for both legal and social factors to determine if they may be admitted. Such factors include, but are not limited to:

LEGAL factors in screening Common Pleas Drug Court Program participants

• Current charge

• Criminal history, including adjustment to prior supervision

• Circumstances of offense

• Outstanding warrants, detainers, previous diversions, or other charges

• Eligibility for community control, intervention in lieu of conviction, or judicial release

CLINICAL factors in screening Common Pleas Drug Court Program participants

• Assessment of substance abuse history

• Social/family history

• Other health conditions

• Motivation and willingness to participate (including signing of release of information)

21.03 Referring Criminal Defendants to the Miami County Common Pleas Drug Court Program

A. Identifying eligible cases for transfer: If a referring Judge has a criminal defendant that he/she believes is involved with the criminal justice system as a result of drug and/or alcohol abuse he or she may request that such defendant be evaluated for eligibility for the Common Pleas Drug Court Program. The defendant should meet the basic eligibility requirements as set forth in Loc. R. 21.02(A) to be considered.

B. Defendant consents to evaluation: If the defendant wishes to be evaluated for eligibility, the defense attorney and defendant shall contact the Common Pleas Drug Court Coordinator, who shall screen for initial eligibility requirements.

C. Defendant is evaluated by Miami County Common Pleas Drug Court Coordinator:

Upon receipt of above a referral from the defendant, or counsel, or from the court, the Common Pleas Drug Court Coordinator or his or her qualified designee shall personally meet with the defendant, whether incarcerated or on bond, to administer screening tools and evaluate motivation for admission to the Common Pleas Drug Court Program.

D. Miami County Common Pleas Drug Court Program Staffing for Eligibility:

The Common Pleas Drug Court Program team, consisting of but not limited to the Common Pleas Drug Court Program Judge, the Common Pleas Drug Court Program Coordinator, the Common Pleas Drug Court Program probation officer, a treatment assessor and liaisons from treatment providers for Common Pleas Drug Court Program participants, shall jointly determine a potential Common Pleas Drug Court participant’s eligibility for the program.

E. Miami County Common Pleas Drug Court Coordinator notifies of program eligibility:

Based on the recommendation of the Common Pleas Drug Court Program team, the Miami County Common Pleas Drug Court Coordinator shall notify the referring judge and counsel of the defendant’s eligibility for admission to the Common Pleas Drug Court Program. The referring judge has the sole discretion whether or not to refer the defendant to the Common Pleas Drug Court Program.

21.09 Common Pleas Drug Court Program Phases.

Participants in the Common Pleas Drug Court Program shall complete three phases, each consisting of a minimum of twelve weeks. Movement to the next phase shall depend upon the frequency of sanctions in the existing phase, as set forth in the Common Pleas Drug Court Program Handbook. A Common Pleas Drug Court Program participant must maintain a period of sobriety of at least six months before completing the third phase to be eligible to graduate and have his or her community control terminated.

21.10 Successful Completion of Common Pleas Drug Court Program.

It shall be the goal of the Common Pleas Drug Court Program that its participants shall complete the following minimum requirements:

• Substantial payments on restitution,(if applicable);

• GED obtained, when capable;

• All court costs, probation fees and fines in all cases substantially paid;

• Valid driver’s license, depending on ability to obtain one;

• Employment;

• Community service completed (if applicable);

• Completion of post-program forms and interview

21.11 Unsuccessful Termination from the Common Pleas Drug Court Program.

The Common Pleas Drug Court Program Handbook shall set forth in its statement of graduated sanctions reasons for termination from the Common Pleas Drug Court Program. Examples of reasons for termination from the Common Pleas Drug Court Program include but are not limited to: absconding, failure to participate, failure to appear in court, chronic non-compliance with program requirements, and new charges and/or convictions that did

not arise from an incident preceding Common Pleas Drug Court Program participation. The decision to terminate a participant from the Common Pleas Drug Court Program shall be made in consultation with the Common Pleas Drug Court Program team. The decision to terminate a participant from the Miami County Common Pleas Drug Court Program shall be in the sole discretion of the Common Pleas Drug Court Judge. If a Common Pleas Drug Court Program participant is terminated from the program, the Miami County Common Pleas Drug Court Judge shall prepare and file an entry terminating the defendant from the Drug Court Program. Program termination makes a former Common Pleas Drug Court participant ineligible for future Common Pleas Drug Court Program participation.