**Graduation From Drug Court**

To be eligible for graduation from drug court, participants must, at a
minimum, have actively participated in drug court for 12 months, have
successfully completed each of the phases of drug court, and have in
place a specific plan for after-care and continuing sobriety and
recovery.

In determining whether a participant should be graduated from drug
court, the team will consider the participant's current circumstances,
including (1) stability in family and other significant personal
relationships, housing and employment, (2) support systems in place for
continued sobriety, (3) progress in court-ordered treatment of
co-existing disorders, (4) recommendations of treatment providers, and
(5) plans for and commitment to continued sobriety and recovery.

When a participant qualifies for completion of phase IV and graduation
from drug court, a written application for graduation will be submitted
to the drug court team. A written application, prepared by the
participant in the form prescribed by the drug court team, will be
submitted to the coordinator or case manager for preliminary review with
the applicant and subsequent presentation to the drug court team. The
participant will be required to attend the team staffing at which the
application for graduation is presented and reviewed. Graduation
ceremonies will take place in the courtroom. Graduations will be
scheduled as needed. Upon graduation and dismissal of the pending
charge(s), a participant is relieved of all drug court requirements.

Termination From Drug Court

Termination will occur upon a participant's election to opt out of drug
court following execution of the drug court participation agreement.

Termination will also occur if a new charge(s) is filed against a
participant alleging an offense(s) that is ineligible for drug court. If
a participant, while in drug court, is charged with a new offense that
would otherwise be eligible for drug court participation, the drug court
team will consider the participant's circumstances on a case-by-case
basis and determine if continued participation in drug court is
appropriate and compatible with the new charge.

Termination from drug court may occur as the consequence of particularly
serious violations of drug court requirements or policies or persistent
non-compliance with drug court requirements.

Serious violations that may result in termination include, but are not
limited to:

-   Violence or threatened violence to another participant or to drug
    court personnel

-   Filing of any new felony charge against the participant

-   Tampering with a test sample

-   Absconding from drug court

Persistent failures to comply with drug court requirements may result in
termination, but in most instances, only after a succession of
interventions has been imposed that has not resulted in improved
compliance and progress.

Persistent failures that may result in termination include, but are not
limited to:

-   Positive test results

-   Missed or refused tests

-   Missed court sessions

-   Missed treatment sessions

-   Violations of criminal laws

-   Failure to participate in court ordered treatment or services

-   Failure to pay court ordered costs and fees

-   Failure to demonstrate, over a reasonable period, progress through
    drug court and toward sustained sobriety

-   Engaging in an inappropriate or prohibited relationship with another
    participant

Upon the recommendation of any drug court team member that a participant
be terminated, the team will consider the recommendation at the next
staffing. If it is the consensus of the team that termination of the
participant from drug court should proceed, the participant will be
provided with a written notice that termination is being considered
which advises the participant of the allegation(s) that is the basis for
termination being considered. At the next regular drug court appearance,
the participant will be given the opportunity to admit or deny the
allegation(s) and, if requested by the participant, the consideration of
termination will be scheduled for a hearing at which the participant
will have the right to be present, to be represented by counsel and to
present evidence. The prosecutor will present evidence in support of
termination. Whenever possible, the hearing will be conducted before a
judge who did not participate in the drug court team staffing and
decision to pursue termination.

The judge will determine whether a participant is terminated, taking
into account the views of the other team members and any information
provided by the participant. If a judge determines that the participant
should be terminated from drug court following a hearing, the judge will
make specific findings and conclusions in support of such determination.
Once a participant has chosen not to opt out of drug court, termination
may occur at the request of a participant only upon the approval of the
drug court team.

Upon entry of an order of termination from drug court because a
participant has opted out of drug court, the case is returned to the
next regular criminal calendar for the resumption of the regular
pre-trial and trial schedule. Upon entry of an order of termination for
any other reason, the case is returned to the next regular criminal
calendar for setting for bench trial pursuant to the stipulations
contained in the participation agreement.