A participant can be terminated from the Drug Court for failure to comply with any of the terms and conditions of the program, to include re-arrest on new charges.
If a participant is being considered for termination, he/she can be set for a termination hearing and or notified in writing of the hearing if they were not in Drug Court at the time of the termination decision. If the Drug Court participant is not present at the hearing then this information is mailed to the participant. A letter of termination is as well mailed to the participantâ€™s legal counsel; a copy is sent to the County Attorney; and to the sentencing judge if it happens to be other than a Drug Court Judge.
Once a participant is terminated from the Drug Court, the County Attorney reactivates the participantâ€™s case by ordering a pre-trial hearing. The ordering of the pre-trial hearing begins the process for the case to be adjudicated through the District Court.
The Drug Court Judge at the time of the termination decision has the responsibility of ordering a pre-sentence investigation, and if appropriate, sets the participant up with a future sentencing date.