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PURPOSE/SCOPE:
This section describes the criteria which must be met for a defendant to qualify for participation in the Drug Court program.

PROCEDURES:
In order for a defendant to be eligible to participate in Drug Court the following criteria must be met:

• Must be a resident of Jackson County

• The current charge must be one of the following fresh arrest charges:

(no f.t.a.’s; no warrants)

• Possession of a Controlled Substance
• Attempted Purchase of a Controlled Substance
• Possession of a Controlled Substance With Intent to Sell
• Obtaining a Controlled Substance by fraud
• OUIL 3 rd offense (a first or second OUIL 3 rd)
• Delivery/Manufacture of Controlled Substance (subject to Prosecutor’s approval)

• A criminal record check must disclose:

• No other pending felony charges
• No prior violent felony convictions
• No Domestic Violence convictions
• No sexual crime convictions

DISQUALIFICATIONS:

• OUIL involving death or serious injury
• The presence of a weapon at the time of arrest
• Disqualifying information revealed in the presentence investigation report

IF DISQUALIFIED:

• The case shall be assigned by random draw

• Eligibility criteria can be waived at the discretion of the Assistant Prosecutor and Judge on a case by case basi

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