**ELIGIBILITY CRITERIA**

At present, the District Court's Adult Drug Court program does have
federal funding from the Office of Justice Programs, Drug Court Program
Office. Federal funds preclude taking offenders with felony convictions
of violence into the drug court program. If a person has a prior
misdemeanor conviction, even though threatened or actual use of force;
or use, possession, or carrying of a firearm or dangerous weapon
occurred during the offense, the person is not a violent offender
according to the federal guidelines. The guidelines limit prior offenses
that cause a person to be categorized as a "violent offender" to [felony
convictions]{.underline}. The Third Judicial District's Adult Drug Court
Program is mandated to follow the federal guidelines regarding violent
offenders.

Eligibility Criteria:

Defendants may be eliminated if:

1\. Person has severe psychological problems;

2\. Person has medical condition(s) requiring immediate attention;

3\. Probation time remaining is less than one (1) year;

4\. Transportation problems exist and no resources are available to
remedy the problem; and

5\. The person lives outside of the County of Dona Ana and/or State of
New Mexico.

Defendants are considered suitable referrals if:

1\. Person is willing to comply with the court order for the drug court
program;

2\. Person is 18 years of age and a resident of Dona Ana County;

3\. Person has a history of substance abuse;

4\. Person is able to physically participate in treatment activities
(within guidelines of the Americans with Disabilities Act); and

5\. Person is not acutely mentally ill or suicidal.

Those defendants who are currently enrolled in a methadone program may
be considered for referral to the drug court program only if they are
willing to comply with all of the program requirements and must agree to
move from maintenance to abstinence in order to participate. They must
provide their probation officer/pre-prosecution diversion officer (PPD
officer) and counselor with the name and telephone number of their
methadone program, physician and counselor upon intake. All methadone
participants must submit to urine tests as required by their probation
officer/PPD officer, surveillance officers, and/or counselor. Those
cases referred may be required to participate in a personal interview
before the Eligibility Committee.

Those defendants charged with Trafficking, Distribution or Conspiracy
thereof, and Possession with Intent to Distribute drug offenses will be
considered for drug court on a case-by- case basis by the Eligibility
Committee only if a Screening Order has been entered in the case. Any
evidence of ongoing drug dealing will exclude the defendant from the
program.

Defendants with alcohol and/or drug related offenses will be considered
eligible in this program. Consideration should strive to focus on those
offenders who have a **viable** chance for recovery and represent the
**least** risk to public safety.

Defendants with severe psychological problems or other conditions that
would preclude them from participating in the drug court program should
be referred to more appropriate resources with the needed services for
those defendants.

The program notes that the final authority regarding admission into the
drug court program is the sentencing district court judge.

Please see the Appendix for more information on the federal guidelines
provided by the National Drug Court Institute.

**ELIGIBILITY COMMITTEE**

Once a defendant has been screened by the designated treatment provider,
the case will be scheduled for the next available meeting of the
Eligibility Committee. The Eligibility Committee is comprised of
representatives of the treatment provider, District Attorney's Office,
Public Defender's Office, Program Director, and the Adult Probation
Office. Law enforcement representatives are always welcome to attend,
depending on their schedules and agency's requirements. The Eligibility
Committee will have a schedule of meetings and will strive to adhere to
its schedule.

Cases will be presented by the appropriate treatment provider to the
Committee. Information presented can include, but is not limited to,
criminal history information, community ties and support networks, SASSI
and other screening/assessment data, substance abuse history, treatment

readiness and motivation, sentencing date and other information
pertinent to the Committee.

The Committee will assess the information presented and make a
determination if the defendant is appropriate for drug court. The
decision on each case presented will be formally reported in writing to
the referring judge (with copy to the District Attorney's Office,
defense attorney, probation officer and/or PPD Officer, and program
director) by the treatment provider. The Program Director will also
provide the drug court judges with a summary report of the Eligibility
Committee findings after each meeting.

If the Committee is of the opinion that more information is required
before a decision is rendered, the Committee may elect to "table" the
case until the next Committee meeting. Every effort will be made to get
the required information to the Committee in a timely manner if the
defendant has been sentenced or prior to the sentencing date on a
defendant who remains pending sentencing by the court.

It is incumbent upon the treatment provider to conduct a thorough
screening of defendants so that enough relevant information is made
available to the Eligibility Committee so a decision can be made on the
case. The Probation Officer and/or PPD Officer must make criminal
information available to the Treatment Provider prior to, if possible,
the meeting of the Committee.

If the Eligibility Committee deems that a defendant is appropriate for
drug court, that information will be relayed in the decision letter
cited above herein. The defendant cannot begin the treatment
program/drug court until such time as the defendant is **sentenced** to
the program by the district court judge. If sentenced to the program by
the Court, the defendant will enter the drug court program within two
weeks of sentencing (unless there is detention time to be served as part
of the sentence). For PPD clients, they will be required to enter the
program **within two** **weeks** of the PPD contract being signed by all
parties. If detained after sentencing, the defendant

will begin the drug court program as soon as possible upon his/her
release from custody (no later than two weeks from date of release). If
a defendant who was referred for screening and accepted by the
Eligibility Committee is not sentenced to drug court by the district
court judge, the Program Director will advise the treatment provider.

The district court judge has the authority to overrule the results of
the Eligibility Committee regarding any case. The judge is the final
authority regarding the sentencing of a defendant into the drug court
program.

The Eligibility Committee will generally meet on Fridays, at 10:00 a.m.
at the offices of Counseling and Recovery, Inc. If any changes occur,
team members will be advised accordingly in a timely manner by the
Program Director.

**Criminal History Screening Forms For Eligibility Committee**

The Adult Probation Officer (s) and/or the Pre-Prosecution Diversion
Officer(s) must provide the treatment provider with a criminal history
screening form on each defendant who is presented before the Committee.
The criminal history screening forms are due (on those defendants
appearing before each Eligibility Committee meeting) at the time of the
Eligibility Committee meeting. This will enable the timely entry of the
information into the database. The treatment

provider will advise the Program Director of any missing criminal
history screening form(s). The Program Director will be responsible for
obtaining that information in a timely manner.