What is Drug Court in the Superior Court of the District of Columbia?
There are drug courts throughout the country. Generally, they are special courts designed to treat people who have addiction problems and are in the criminal justice system. There are currently more than 2,450 drug courts operating in the United States, and all 50 states have a program. The Superior Court of the District of Columbia Drug Intervention Program (SCDIP) has been in operation for more than 20 years. SCDIP is a voluntary program.
Criminal defense attorneys who make a blanket statement “I have no clients in drug court” are doing their clients a disservice, especially if the reason they are in the criminal justice system is addiction. Good criminal defense attorneys will explore all options, including participation in this program.
Over the past year, SCDIP has undergone some major changes. SCDIP requires a minimum participation of 5 months. This article provides a brief overview of how the typical defendant enters the District of Columbia Superior Court Intervention Program.
Client enters the criminal justice system whether charged with a misdemeanor or a felony case in DC. Upper cut. It should be noted that the SCDIP only applies to charges processed by the United States Attorney’s Office for the District of Columbia. The Attorney General of the District of Columbia Criminal Prosecution Division does not participate in the SCDIP; and therefore serious traffic charges are not eligible.
Admission of misdemeanor cases
Defendant appears for arraignment (initial charge). Thereafter, the case is established for the state. The court at the time of arraignment may impose an evaluation and, if positive, placement in the program. If the test is positive before trial, an addiction severity index (ASI) may be ordered. ASI is an evaluation in which an expert drug advisor advises what treatment is required of the accused.
At the status hearing, pretrial services may recommend drug court as an option. If pretrial services recommend drug court, the government will have 2-3 weeks to assess whether they will allow participation in drug court. The case will be set for an additional status hearing.
At the final status hearing, if the pretrial services and US attorneys and the defendant agree, the case will be certified on the drug court calendar on a Tuesday or Thursday.
Once a misdemeanor case is successfully completed in drug court, the case will be dismissed.
Admission of serious crime cases
The defendant comes forward on a felony complaint. The case is scheduled for a preliminary hearing. The court may currently impose an evaluation and, if positive, the program placement. If the defendant tests positive for drugs, an addiction severity index (ASI) may be ordered prior to trial. An ASI is an evaluation in which an expert drug advisor advises the Court on what treatment is recommended.
If pre-trial services recommend participation in drug court and the defendant is willing, you can proceed without the recommendation of the US attorney. Unlike the misdemeanor, the defendant can have 2 separate hearing dates, one ante the felony judge and another before the drug court judge. In fact, the defendant can request a trial or plead guilty and still participate in drug court.
If the United States Attorney’s office approves the defendant’s participation, the United States Attorney’s office may grant Amended Sentencing Agreements (ASAs). If the defendant successfully completes the ASA, the government will agree to allow the defendant to amend his guilty plea on the final date of sentencing and plead guilty to an included misdemeanor in lieu of the felony.
If the U.S. attorney’s office did not approve participation, upon successful completion of a felony case in drug court, the court may grant a period of probation, but it is not guaranteed.