Drug Court

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Drug Diversion Option

The State of Washington is charging you with a crime, which is drug or alcohol related. You Have Three Options:

  1. Enter a plea of “Not Guilty” and ask for a trial.
  2. Plead guilty to the charge(s).
  3. Ask for help with your drug/alcohol problem.

If you choose Option 3, you may qualify for entry into Skamania County’s Superior Court Drug Diversion Program. To be eligible, you must have a diagnosed drug/alcohol addiction and be willing to enter into and successfully complete treatment. You will also be on active probation for the duration of the program. The program will last for a minimum of 24 months. During that time you must comply with all conditions imposed on you by the Judge.

If you successfully complete the Drug Court requirements, the charges against you will be dismissed and cannot be re-filed. On the other hand, if you are not successful in treatment or if you do not comply with the court’s orders, the Judge may terminate you from the program. The Judge may also allow you to continue in the program and impose sanctions for any violations that you commit. If terminated from the program there will be a non-jury trial on stipulated facts and, if you are found guilty; the Judge will sentence you.

For more information on the program, please consult your attorney.

Eligibility Criteria

  • The defendant cannot have prior sex or violent crime convictions, or be charged with a sex or violent crime.
  • The defendant cannot have holds from other jurisdictions, either within or without the state, which would interfere with entry into the treatment program.
  • No prior Drug Court or drug or alcohol related diversion completion.
  • Skamania County will be the location of all treatment, unless referred to an inpatient or residential treatment facility.
  • The defendant must agree to release ALL information to all parties involved at all times during the program.
  • The defendant must volunteer for the program.
  • The defendant must be addicted to controlled substances and/or alcohol.
  • The defendant may be required to pay for a portion of treatment.
  • The defendant may be required to pay the costs of urinalysis or other drug/alcohol testing.
  • The defendant must provide their own transportation to and from all required appointments.

Procedure for Petitioning for the Diversion Program

  1. Defendant arraigned.
  2. At the scheduled omnibus hearing, defendant presents to the court a signed “Agreement to be evaluated for Drugs No More suitability, and Release of Information.”
  3. Within one month of the date of arraignment, defendant shall have completed an evaluation and assessment for drug/alcohol treatment from Skamania County Community Health (SCCH).
  4. Prior to the Criminal Motion Docket when defendant will present the petition for Drug Diversion, a representative of Skamania County Probation, Defense Counsel, Treatment Provider and Prosecuting Attorney shall meet to discuss recommendations as to whether the defendant should be admitted into the Diversion program.
  5. On the first Criminal Motion Docket after the evaluation is completed, the defendant shall present to the court a signed “Consent for Disclosure of Petition Agreement and Order of Approval” and the drug/alcohol assessment/evaluation done by SCCH.
  6. The court will consider the petition and grant or deny the petition.

Skamania County “drugs No More” Diversion Program

Description: A court- supervised program for non-violent drug/alcohol dependent offenders. The court provides a chance for these offenders, through treatment, supervision, substance abuse monitoring and regular court reviews, to avoid criminal prosecution for their offense and begin a drug/alcohol free life. The “Drugs No More” Diversion program shall be for 24 months. During this period of time, the offender must eventually obtain a drug/alcohol free status and remain drug/alcohol free for a continuous period of one year. If the defendant cannot remain drug/alcohol free for a one-year period during the two years of supervision, the court can extend the program for one more year. Drug/alcohol use during that final year will result in revocation from the “Drugs No More” Diversion program.


Treatment services will be conducted by Skamania County Community Health, its staff or another qualified treatment provider approved by the court and prosecutor. An intensive chemical dependency interview and assessment will be completed by SCCH prior to final acceptance in the “Drugs No More” Diversion program. * Treatment plans must be signed by both the client and counselor. Once accepted into the DNM Diversion program monitoring of substance abuse will be administered by probation, treatment provider or the court by use of random urinalysis, breathalyzer, or other alcohol/drug testing. The treatment provider may require AA or NA meetings and participation in recovery and support groups as part of treatment plan.

Compliance Review Hearings

Compliance reviews will be held before a Judge at such time as set by the court. The defendant will be notified at each hearing of the date of his/her next hearing. The defendant is required to attend this compliance review hearing in person to allow the Judge to oversee the progress of the defendant through the program and compliance with conditions of the diversion agreement. You will be required to attend every review hearing, approximately once per month. One-half hour prior to the compliance review hearings, the supervising probation officer, prosecuting attorney, and the treatment provider will meet for the purpose of developing and reviewing each client’s progress as it relates to the individualized treatment plan. This group will agree on responses (sanctions and incentives) as a recommendation to the Judge. The probation officer, prosecutor and treatment provider shall attend all compliance review hearings.

Drugs No More Diversion Conditions of Supervision

If accepted in the DNM Diversion Program, the defendant agrees to comply or be subject to the following terms and conditions:

  1. Not use or ingest any illegal substances or consume any alcohol, or be in places or areas where illegal drugs are used or consumed, for a period of twenty-four months or for the term of this Diversion Program, whichever is longer. Defendant recognizes that in order to complete this diversion program; he/she must remain drug and alcohol free for at least a one-year period. In any event, defendant recognizes that in order to complete this diversion program; he/she has thirty-six months in which to provide the court with proof of his/her one year of being drug and alcohol free prior to completion of the program.
  2. Complete any and all treatment plans recommended by SCCH including, but not limited to, attending all appointments, meetings or sessions.
  3. Be subject to the supervision of and maintain regular contact with the Skamania County Probation Office and the Superior Court during the pendency of this Diversion Program and to comply with all of the court’s and the probation officer’s conditions, orders and recommendations including, but not limited to, random urinalysis or other testing to determine use of alcohol or illegal drugs.
  4. Submit to regular and random drug/alcohol testing as directed by the treatment specialist, probation officer or the court.
  5. Attend compliance hearing (and any and all other hearings) before the Superior Court as required.
  6. Attend approved self help support groups (such as AA or NA or religious) if part of treatment plan.
  7. Comply with any and all of the Superior Court’s orders or sanctions that may be issued during the pendency of this Diversion Program.
  8. Not engage in any further criminal law violations.
  9. Not have firearms in residence or on your person when reporting to Skamania County Probation Office.

Financial Obligations

  1. Court appointed attorney fees.
  2. Court costs as set by statute.
  3. Diversion Fee (Superior Court) $150.00
  4. Skamania County Drug Fund $500.00
  5. Probation Fees @ 40.00 per month and may need to pay for drug/alcohol testing.
  6. May need to pay a portion or all of Substance Abuse Evaluation and Treatment.

Confidentiality of Alcohol and Drug Abuse Patient Records

The confidentiality of alcohol and drug abuse patient records maintained by a program is protected by federal law and regulations. Generally, the program may not say to a person outside the program that a patient attends the program, or disclose any information identifying a patient as an alcohol or drug abuser unless:

  1. The patient consents in writing;
  2. The disclosure is allowed by a Court Order; or
  3. The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.

Violation of the federal law and regulations by a program is a crime. Suspected violations may be reported to appropriate authorities in accordance with federal regulations. Federal law and regulations do not protect any information about a crime committed by a patient either at the program or against any person who works for the program or about any threat to commit such a crime. Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported under state law to appropriate state or local authorities. (See 42 U.S.C. Section 290dd-3 and 42 U.S.C. Section 290ee-3 for federal laws and 42. C.F.R Part 2 for federal regulations)

In applying for and participation in the drug diversion program, you will be asked to consent to disclosure of this information as outlined in the consent form.

Sanction Schedule

Each offender placed on the “Drugs No More” Diversion Program will be required to appear before the Judge once a month to review compliance to the program. Violations of conditions of the “Drugs No More” Diversion Program will result in demerit points and sanctions. Once a participant obtains 5 demerit points a report will be submitted to the attention of the court with a recommendation for additional court sanctions. The demerit points will be applied as follows:

Violations Resulting in One Demerit Point

  • Missed Self Help Support Group Meeting (If part of treatment plan)
  • Late for treatment or urinalysis, breathalyzer or other drug testing
  • Late or non-payment of treatment fees (If applicable) Possible Sanctions
  • Verbal reprimand
  • Community service/work crew hours (8 hours)
  • Increase alcohol/drug testing

Violations Resulting in Two Demerit Points:

  • No show for probation visit
  • Forged AA/ NA slip (If attendance is part of treatment plan)
  • Positive urinalysis, breathalyzer or other drug test (1st)
  • Missed treatment session (1st)
  • Fired from job
  • Quit job without first having a new one
  • Stalled urinalysis, breathalyzer or other drug test
  • Using medication without prior approval (sanction at discretion of treatment specialist)
  • Late or non-payment of court fee Possible Sanctions:
  • Community service/work crew (16 hours)
  • Increase attendance at AA/NA (at discretion of treatment specialist)
  • Increase alcohol/drug testing

Violations Resulting in Three Demerit Points:

  • Failure to report to probation for one week
  • Positive urinalysis, breathalyzer or other drug test (2nd)
  • Missed treatment session (2nd) Possible Sanctions:
  • Community service/work crew (24 hours)
  • Increase attendance at AA/NA (at discretion of treatment specialist)
  • Increase alcohol/drug testing

Violations Resulting in Four Demerit Points:

  • Positive urinalysis, breathalyzer or other drug test (3rd)
  • Missed treatment session (3rd) Possible Sanctions:
  • Community service/work crew (32 hours)
  • Increase AA/NA attendance (at discretion of treatment specialist)
  • Demotion in treatment level/ possible inpatient treatment
  • Increase in court status appearances

Violations Resulting in Five Demerit Points and Show Cause Appearance Before the Court:

  • Failure to report to probation for 10 plus days
  • Positive urinalysis, breathalyzer or other drug test (4th)
  • Missed treatment session (4th)
  • No payment towards court fees for two months, or non-payment of treatment for two months (if applicable)
  • New criminal offense Possible Sanctions:
  • Mandatory treatment level demotion
  • Inpatient treatment
  • Mandatory appearance before court
  • Jail 10 or more days Termination from the “Drugs No More” program.