There are drug courts all over the country. These are usually special courts designed to treat people who have addiction problems and are in the criminal justice system. There are currently over 2,450 Drug Courts in operation in the United States and all 50 states have a program. The Superior Court of the District of Columbia Drug Intervention Program (SCDIP) has been in operation for over 20 years. SCDIP is a voluntary program.
Criminal defense attorneys who make a blanket statement “I don’t have clients in drug court” are doing their clients a disservice, especially if the reason they are in the criminal justice system is addiction. Good criminal defense attorneys will explore all options, including participation in this program.
Over the course of the last year, SCDIP has gone through some major changes. SCDIP requires a minimum participation of 5 months. This article provides a brief overview of how the typical defendant enters the District of Columbia Superior Court Intervention Program.
The client enters the criminal justice system whether charged with a misdemeanor or a felony case in DC. Upper cut. It should be noted that SCDIP only applies to charges prosecuted by the United States Attorney’s Office for the District of Columbia. The District of Columbia Attorney General’s Criminal Prosecution Division does not participate in SCDIP; and therefore, serious traffic charges are not eligible.
Intake of Misdemeanor Cases
The defendant appears for arraignment (initial charge). Thereafter, the case is settled for the state. The court at the arraignment may mandate an evaluation and, if positive, placement in a program. If the pretrial test is positive, an addiction severity index (ASI) may be ordered. ASI is an evaluation in which an expert drug counselor advises what treatment is required of the defendant.
At the status hearing, pretrial services may recommend drug court as an option. If pretrial services recommend drug court, the government will have 2-3 weeks to assess whether to allow participation in drug court. The case will be set for a further status hearing.
At the final status hearing, if pretrial services, US attorneys, and the defendant agree, the case will be certified according to the drug court schedule on a Tuesday or Thursday.
Upon successful completion of a misdemeanor drug court case, the case will be dismissed.
Admission of felony cases
The defendant is filed on a felony complaint. The case is set for preliminary hearing. The court can currently impose an evaluation and, if positive, placement in the program. If the defendant tests positive for drugs, he can order an addiction severity index (ASI) before trial. An ASI is an evaluation in which an expert drug counselor informs the court what treatment is recommended.
If pretrial services recommend participation in drug court and the defendant is willing, they may proceed without the recommendation of the US Attorney. Unlike the misdemeanor, the defendant can have 2 separate court dates, one before the felony judge and one before the drug judge. In fact, the defendant can request a trial or plead guilty and still participate in drug court.
If the US Attorney’s office approves the defendant’s participation, the US Attorney’s office may grant Amended Sentencing Agreements (ASAs). If the defendant successfully completes the ASA, the government will agree to allow the defendant to modify his guilty plea on the date of final sentencing and plead guilty to a listed misdemeanor instead of the felony.
If the US Attorney’s office has not approved participation, after successful completion of a felony drug court case, probation may be granted by the court, but is not guaranteed.