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Douglas County Adult Drug Court
Douglas County Criminal Justice Center
1709 Jackson Street, 4th Floor
Omaha, NE 68102-2513
(402) 599-2661

Termination

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 notified in writing of the hearing. If the participant is present when the hearing date is set, he/she is given the below information regarding the termination hearing. If he/she is not present, this information is mailed to the participant at the address provided to the Drug Court at the point of admission. 

The termination letter will contain the following information:

1. Date of scheduled termination hearing
2. Conditions under which you may be retained:
   1. Attending your termination hearing and speaking on your behalf.
   2. Contacting your Drug Court Counselor immediately and inquiring as to what you can do to remain in the program.
   3. Following through with expectations that have been previously provided you.

Once a participant is terminated from the Drug Court, the County Attorney reactivates the participant'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 Counselor sends a termination notice to various facets of the Drug Court Team, such as; Drug Court Judges, County Attorney, and Defense Counsel. 

For terminations in Track One, the Drug Court Judge will first "set" the participant's case for termination, usually a week following the "set" for termination date. This allows the Bailiff time to consult with the previously assigned District Court Judge to which the case was assigned when bound over, re-establish a PSI (pre-sentence investigation), and schedule a sentencing date. At the participant's termination hearing the participant is not only supported by assigned counsel, but is ultimately given a sentencing time and date.

For terminations in Track Two, the Drug Court Judge is the assigned judge to the terminating Drug Court participant and, therefore, will be the sentencing judge. The Drug Court Judge in Track Two re-establishes the PSI and hands down to the participant their sentencing date. 

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