Drug Court Eligibility Criteria

‚ÄčA.     The defendant has an active drug addiction and would benefit from substance abuse treatment.  The consent of the Prosecutor is required before admission into the program (RCW 2.30.030).

B.     Current offenses of any of the following crimes will automatically preclude eligibility:

  1. Any sex offense.
  2. Any serious violent or violent offense.
  3. Manufacture of methamphetamine.
  4. Promoting Prostitution.
  5. Current allegations of attempted, intentional or threatened discharge of a firearm.
  6. Any offense alleging substantial or great bodily harm as defined in RCW 9A.04.110 or death.
  7. Residential Burglary involving an occupied dwelling.
  8. Current Domestic Violence (DV) offenses including Violations of No Contact Orders.
    a.  Consideration may given to DV property crimes involving parents/siblings where power and control axis not indicated, with victim and law Enforcement input, and based on a review of the full DV history.
  9. Delivery of a controlled substance to minor.
  10. Currently serving DOSA/FOSA sentence.
  11. Prior Adult Drug Court graduate from this or any drug court whose current date of offense is less than 3 years from date of graduation.
    a.  Past Drug Court graduates admitted into the program will not receive a dismissal of charges at the completion of Drug Court.  The Prosecutor will recommend an exceptional sentence downward of no incarceration.
  12.  Evidence of gang affiliation.
  13.  Violent traffic offenses and Felony DUI.
  14. A restitution amount exceeding $2,000.  Restitution must be paid in full before graduation.

NOTE:  The Prosecutor may agree to amend the charge to a Drug Court eligible offense where the prosecutor, defense, the court and treatment all agree that Drug Court is appropriate.

C.     Disqualifying Criminal History

  1. Any sex offense, felony or misdemeanor.
  2. Any Serious Violent or Violent offense.             
  3. Promoting Prostitution.
  4. Convictions with gang enhancements.
  5. Four or more DV convictions in last 10 years, misdemeanor or felony.
  6. Registered sex offender.

D.     Prior convictions or current offenses of any of the following crimes will presumptively preclude eligibility

  1. Residential Burglary or prior convictions for Residential Burglary within last 5 years calculated from the last date of release from confinement.
  2. Prior convictions for Domestic Violence and No Contact Order Violations within the last 5 years.
  3. Recent gang affiliation, and/or prior convictions with gang enhancements.
  4. Major economic offenses, i.e. a pattern of criminal entrepreneurial activity (e.g. 4 or more charges for theft or trafficking in stolen vehicles; 3 or more pending or prior car theft convictions or charges; and 6 or more allegations of ID Theft with distinct dates and victims).
  5. Major drug crimes, i.e. criminal entrepreneurial activity not motivated by addiction (e.g. Delivery or Possession With Intent involving 7+ grams of heroin, meth, cocaine; 50 RX pills, 20+ MDMA pills and/or possession of $1,000 or more).
  6. A crime in which the defendant used or possessed a firearm.
  7. Assault in the Third Degree.
    a.  Consideration may given if no weapons were used or attempted to be used or possessed and with law enforcement input.

E.     Other factors that may affect eligibility

  1. Significant criminal history.
  2. The age of the criminal history.
  3. Victim input.
  4. DOC history.
  5. Juvenile criminal history.
  6. Previous opportunities at recovery, including previous DOSA.
  7. Major crime as determined by the Prosecutor's Office.
  8. Convictions for possession of dangerous weapons or possession of dangerous weapons during current offense.
  9. History of failures to appear, bench warrants and bail jumps.
  10. Prior adult Drug Court participation.
  11. The presence of any Aggravating Circumstance listed under RCW 9.94A.535.
  12. Severe mental disorder that would impair the ability to participate or comply with Drug Court program rules or requirements.