**Charleston County Adult Drug Court**

## Treatment Program

# Basic Understanding, Waivers and Agreements

Defendant Name:
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Address:
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SSN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date of
Birth: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Phone #: (H) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (W)
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In Case of Emergency Contact:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Phone #:
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Address:
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Ninth Circuit Warrant Number(s) and/or Charge(s):
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**I UNDERSTAND:**

Before I can be accepted into the Drug Court Treatment Program, I must
give up certain statutory and/or constitutional rights. I hereby
voluntarily agree and consent to give up the following statutory and/or
constitutional rights upon my acceptance into the Drug Court Treatment
Program as enumerated below:

**1.** **[LEGAL WAIVER:]{.underline}** I do hereby release and forever
discharge the complaining witnesses, victim(s), the Drug Court Judge,
the Solicitor's Office, Police Department, the Drug Court Staff, and
their respective heirs, successors, executors, administrators, and
assigns from any and all claims of any kind or nature whatsoever, either
in law or in equity, arising out of my arrest, participation in, or
termination from, the Drug Court Program, and do expressly release and
forever hold them harmless from any criminal or civil action which I may
have a right to bring as a result of my arrest or participation in the
Drug Court Program; **( )**

**2.** **[RELEASE OF INFORMATION:]{.underline}** I agree to complete a
diagnostic evaluation for the development of my drug treatment program
as ordered by the Court. I hereby authorize release of all treatment
information by the provider to the Court and the Drug Court Director.
Any such information shall not be utilized by the State for any
prosecution but may be considered by the Court in deciding whether I
remain in the Drug Court Treatment Program: **( )**

**3. [STATUS OF PROGRAM:]{.underline}** The Drug Court Treatment Program
(the Program) is experimental. I have no legal right to participate in
the Program. At any time, the Program may be ended or reduced, or I may
be excluded from it. **( )**

**4. [PROGRAM LENGTH:]{.underline}** The Program is expected to last at
least one year and could last 18 months or longer. **( )**

**5.** **[GENERAL REQUIREMENTS:]{.underline}** I must attend all Drug
Court sessions and treatment sessions, pass repeated drug screens, and
remove problems contributing to my addiction. I must reduce risk factors
which may include improving my family situation, bettering my employment
status, increasing my educational level, moving from known drug
distribution areas, etc. I may be required to pay restitution. I must
make suitable progress towards controlling my addiction, and the Program
will set individual requirements that I must meet. **( )**

**6. [INDIVIDUALIZED TREATMENT PLANS:]{.underline}** The Program
officials will set my individual treatment requirements, and then the
Judge will review them. Ultimately, the Drug Court team will decide if
specific requirements must be met or modified and whether I have made
acceptable progress. The final decisions about my progress and my
continued participation are in the Court's sole discretion. I have no
right to appeal the Court's decisions. **( )**

**7. [SELF-TERMINATION:]{.underline}** I can quit the Program at any
time, but the Judge may insist that I discuss this decision with him,
and he may delay my withdrawal from the Program for up to one week to
make sure my decision is firm. If I quit the Program, I will be
sentenced immediately in Circuit Court on my above-listed charges. **(
)**

**8. [FEES:]{.underline}** I must pay for my treatment and testing. The
total cost for up to 500 days of treatment is \$1,000 (\$25 per week)
and \$150 for hair tests. Costs may be higher if I am in the court
longer or require additional drug tests. I may also have to pay for
other things in the Program. The money that I pay into the Program is
not refundable. If I quit, if I am terminated from the Program, or if
the program ends for any reason, I will not get my money back; plus, I
may still be obligated to pay any unpaid bills for my treatment. **( )**

**9. [SANCTIONS]{.underline}:** If I do not fully comply with the
Program, the Judge may impose sanctions in his sole discretion. I will
have to complete the sanctions to continue in the Program. The sanctions
could include community service, a return to jail, additional drug
treatment, or anything deemed appropriate by the Judge. The Judge may
also terminate me from the Program. **( )**

**10. [NO CREDIT FOR JAIL SANCTION:]{.underline}** If I do not complete
the Program, I may not get credit for any time that I served for Drug
Court sanctions. **( )**

**11. [COURT PROCEEDINGS]{.underline}**[:]{.underline} The Drug Court
proceedings will be informal. Often, there will be no court reporter in
Court. If I do not complete the Program, the Judge who supervised me in
the Program will not preside when I am sentenced on the charges listed
above. **( )**

**12. [DUTY TO BE TRUTHFUL:]{.underline}** For the Program to work, I
must be truthful about my drug usage. To promote this truthfulness, some
**[limited]{.underline}** protection is given to me AS TO DRUG OFFENSES
ONLY what I say about my own drug use in open Drug Court sessions or
otherwise in the Program will not be used against me in the prosecution
of the charges listed above or any other drug charge in the 9^th^
Judicial Circuit of South Carolina (Charleston and Berkeley Counties).
BUT: (a) statements I make outside the Program are not protected, (b)
statements about the activities of other persons are not protected; and,
(c) statements about my participation in crimes other than drug use are
not protected. **( )**

**13. [RIGHT TO COUNSEL:]{.underline}** I can talk to my lawyer at any
time. If counsel is appointed for me, I may have to pay for those legal
services. If it is determined that I am not indigent, I may lose
appointed counsel. **( )**

**14. [WAIVER OF PRIVACY:]{.underline}** Program officials may require
me to provide very personal information. This may include, but will not
be limited to: my criminal record, education and work history, family
history and medical and psychiatric information. While Program officials
will try to avoid unnecessary embarrassment to me, I understand and
agree that these things may be discussed in open Drug Court sessions, in
treatment sessions, or in other settings related to participation in the
Program. If requested, I agree to sign specific releases promptly to
allow the gathering of this information. **( )**

**15. [DUTY TO NOTIFY]{.underline}**[:]{.underline} I **MUST** notify my
treatment providers and the Drug Court Coordinator within 48 hours of
any change in my residence or mailing address, any change or
disconnection of my phone number, or any change in employment. If no
notification is given, a sanction is possible. **( )**

**16. [RE-ARRESTS:]{.underline}** I must obey all laws and notify the
Drug Court Director of any criminal charges that are made against me,
including any driving violations or minor offenses. My arrest or
conviction on other charges, or *my failure to report other charges,*
may result in termination from the Program. [The Solicitor's Office has
absolute power to terminate me from the Program if I am
re-arrested.]{.underline} **( )**

**17. [NO VIOLENCE:]{.underline}** This Program cannot accept persons
who have violent offenses, and federal requirements may exclude persons
from entering the program who have ever been arrested for a violent
offense. Violent offenses may include charges that are not classified as
violent under South Carolina law. I have disclosed to the Program
officials all my previous arrests and all my convictions. **( )**

**18. [NO ALCOHOL:]{.underline}** I understand that I cannot drink, or
otherwise ingest alcohol while I am a participant in the Drug Court
program. **( )**

**19. [WAIVER OF RIGHT TO REMAIN SILENT:]{.underline}** I give up my
right to remain silent. I agree to fully and HONESTLY participate in all
Drug Court meetings. **( )**

**20. [PHOTOGRAPH:]{.underline}** I agree to have my photograph made for
Drug Court files and use. **( )**

**21. [ATTORNEY PRESENCE IN COURT:]{.underline}** I understand that my
attorney [may]{.underline} come to Drug Court but does not
[have]{.underline} to come. I understand it is my responsibility to ask
my attorney to come to Drug Court should his/her services seem
necessary**. ( )**

**22. [FREE, VOLUNTARY, KNOWING AGREEMENT:]{.underline}** My
participation in the Program requires that I waive very important
rights. I have fully discussed my rights with my lawyer before agreeing
to enter the Program. I am satisfied that I understand how the program
will affect my rights. At the time of executing this document, my
thinking is clear and I am not under the influence of any substance. The
decision to waive my rights and enter the Program is mine alone and made
of my own free will. I expressly agree to accept and abide by all the
terms and conditions of the Drug Court Treatment Program as established
by the Court and the Treatment Provider. **( )**

**23. [SUCCESSFUL COMPLETION:]{.underline}** If I successfully complete
Drug Court, I will be allowed to withdraw my plea and have my record
expunged. **( )**

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SIGNATURE OF DEFENDANT Date

> I HAVE REVIEWED THIS WITH THE DEFENDANT. (S)HE UNDERSTANDS IT AND
> VOLUNTARILY AGREES TO PARTICIPATE:

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SIGNATURE OF WITNESS (DRUG COURT STAFF)