Drug Court Agreement

SAMPLE DRUG COURT AGREEMENT

This section answers the question "What the heck am I signing up for?"  They say the
devil is in the details, so here's a detailed review of an actual drug court agreement.
Every circuit's program is slightly different.  The contract listed below is considered a bit more heavy handed than your average drug court agreement.  First, this particular drug court program requires a "no contest plea", but, for example, Orange County's Drug Court Diversion Program does not require any sort of plea, a simple contract signing is all that is required in Orange County.  Also, note the language regarding residential drug treatment, such residential issues are not found in most drug court agreements.  Again, every circuit's program is slightly different.  Happy reading!

DRUG COURT INTERVENTION AND TREATMENT PARTICIPATION AGREEMENT AND ORDER

The Defendant having entered a plea of no contest or guilty to the charge(s) of
________________ hereby enters this Agreement to participate in this Circuit Court's Drug Court Program.  The Defendant hereby admits that the Defendant has a drug abuse problem and furthermore that the Defendant would like to benefit from the stringent requirements of this Circuit's Drug Court Program.  The Defendant understands that the opportunity to participate in this program is a privilege and the Defendant is affirmatively requesting placement in the Drug Court Program.  The Defendant understands that if accepted, the following conditions must be satisfied.

1.  A substance abuse assessment will be conducted to determine whether participation in this Circuit Drug Court Program is appropriate.  The Defendant will cooperate with the substance abuse evaluator.

2.  The Defendant will fully cooperate in the completion of all background checks that will be conducted to determine whether participation in this Circuit's Drug Court Program is appropriate.

3.  The Defendant hereby agrees to follow any recommendation by the evaluator.

4.  The Defendant will appear at all Drug Court Hearings.

5.  The Defendant will report to the substance abuse treatment provider as instructed which will occur as soon as possible after placement into the program.  The treatment will continue for one year but may be extended or shortened if deemed necessary by the Drug Court Judge.  Treatment may include residential treatment continuing with a half-way house stay as determined by the Treatment Provider or the Drug Court Team.

6.  The Defendant agrees to fully participate in the substance abuse treatment that will be completed in the following three Drug Court Program phases.  Advancement to a higher phase will be conditional upon final approval of the Drug Court Judge.  The Defendant further understands that the specific requirements of each phase may be modified to the individual needs of the defendant by the treatment provider.

PHASE 1:
-Group counseling sessions 1 time per week
-Individual counseling session 1 time per week
-Mandatory 5 Alcoholic Anonymous and/or Narcotics Anonymous (documented) meetings per week or as determined by the treatment provider
-Random urinalysis, with a minimum of 1 time per week
-Court status checks every week
-Required to have a Home Group and a 12-Step Sponsor by the end of Phase 1
-30 consecutive clean urine days needed to advance to Phase II
-Expected duration: 10 weeks or as individually required by the evaluator

PHASE 2:
-Group counseling sessions 1 time per week
-Individual counseling session 1 time per week
-Mandatory 3 Alcoholic Anonymous and/or Narcotics Anonymous (documented) meetings per week or as determined by the treatment provider
-Random urinalysis, with a minimum of 1 time per week
-Court status checks every other week or as determined by the Drug Court Judge
-60 consecutive clean urine days needed to advance to Phase 3
-Expected duration: 10 weeks or as individually required by the evaluator

PHASE 3:
-Group counseling sessions 1 time per week (aftercare)
-Mandatory 3 Alcoholic Anonymous and/or Narcotics Anonymous (documented) meetings per week or as determined by the treatment provider
-Random urinalysis, with a minimum of 1 time per week
-Court status checks once a month or as determined by the Drug Court Judge
-Expected duration: 32 weeks or as individually required by the evaluator

7.  The Defendant will not use alcohol or illegal drugs including medications prescribed to others.

8.  The Defendant will not enter an establishment whose primary purpose is to sell alcoholic beverages.

9.  The Defendant will not use prescription drugs without a valid prescription and disclose to the Drug Court Team prior to taking any medications.  Any violation of this provision may delay the advancement in or completion of the Drug Court Program, whether or not that drug was validly prescribed.  The Defendant must disclose all over the counter medications that the Defendant takes to the Drug Court Team prior to taking the medications.  Furthermore, the Defendant must disclose to any doctor that intends to prescribe medication that the Defendant is a participant in this Drug Court Program where abstinence from mood altering substances is the goal.

10.  The Defendant understands that the Defendant may be required to give a urine sample (at your own expense) at any time while in the Drug Court Program.  If the Defendant does not give a urine sample when requested, it may be treated as a positive urinalysis by the Drug Court Team.

11.  The Defendant understands that Officers employed by the Florida Department of Corrections (Probation Officers) or any member of the Drug Court Team or Law Enforcement Officer may conduct supervisory contacts.  These contacts may include searches of the home where the the Defendant is present, the Defendant's person and/or vehicle and they may occur at home, work, in a car, at a treatment center, the courthouse, probation office or anywhere deemed necessary.  The officer conducting the search will announce the officer's presence and will not break any door or other part of the Defendant's property in order to conduct the search.  The Defendant fully understands that any refusal of any search will be reported to the Drug Court Judge and that the Court may determine this to be a violation of the Drug Court requirements and therefore the refusal may result in sanctions being imposed by the
Court.

12.  The Defendant agrees to sign an individual substance abuse treatment plan with the primary counselor and to participate in the accomplishment of goals and objectives as designated.  If the treatment plan ultimately requires the entering of a residential treatment facility, the Defendant understands that they may be required to pay all of the expenses related to residential treatment.  If the Defendant is placed in residential treatment, upon release the Defendant will remain in Phase 1 of the Drug Court Program for an additional six (6) weeks.

13.  The Defendant consents to allow information concerning the Defendant's participation in Drug Court to be shared with all Drug Court Team members in order for the Team to carry out official tasks of the Drug Court.  These tasks include but are not limited to urinalysis results, treatment, group attendance and the overall program progress.

14.  The Defendant can expect to receive incentives as the Defendant progresses in the Drug Court Program.  The Defendant understands that the failure to attend counseling, the failure to remain drug and alcohol free or the failure to demonstrate satisfactory progress in treatment will result in a review of the case by the Drug Court Judge to determine the continued participation in the Drug Court Program or the imposition of legal consequences and sanctions, which may include incarceration.

15.  The Defendant agrees to promptly and truthfully answer all questions asked by any Drug Court Team member.

16.  The Defendant agrees to obey all directions given by any Drug Court Team member.

17.  The Defendant agrees to reside locally and not to change where the Defendant lives without the approval of the Department of Corrections officer.

18.  The Defendant agrees to not change where the Defendant goes to school or employment status without the approval of the Drug Court Team.

19.  The Defendant must acquire and maintain gainful employment within 90 days after entering the Drug Court Program in order to meet financial responsibilities unless otherwise determined by the Drug Court Judge.

20.  The Defendant will not violate the law.

21.  The Defendant agrees not to associate with any person engaged in criminal activity.

22.  The Defendant agrees not to leave the county where the Defendant lives without the approval of the Department of Corrections officer.

23.  The Defendant shall pay for any treatment program recommended pursuant to the drug court evaluation in conjuction with the Drug Court Judge.  The defendant may pick which provider to obtain treatment from, however, the provider selected shall be licensed and approved by the Florida Department of Children and Families.

24.  The Defendant agrees to pay the State of Florida a fee in the amount of Twenty Dollars ($20.00) plus a 4% surcharge of eighty cents (.80) per month towards the cost of supervision unless otherwise waived in compliance with Florida Statutes.

25.  The Defendant will pay a fee in the amount of $60.00 to the evaluator for the substance abuse evaluation.

26.  The Defendant will pay a fee in the amount of $30.00 per test for urinalysis to the testing agency.

27.  The Defendant will pay a $240.00 fee, with a 5% surcharge in the sum of $12.00 pursuant to section 938.04, Florida Statutes to the Alcohol and Drug Abuse Trust Fund within the first eight (8) months of supervision.

28.  The Defendant will pay a fee in the amount of $100.00 to the Clerk of Court for Court Costs  within the first eight (8) months of supervision.

29.  The Defendant shall pay $100.00 towards the cost of prosecution.

30.  The Defendant will complete all tasks as directed by the Drug Court.  Examples of such tasks may include, but are not limited to: paying restitution, purchasing treatment literature, remaining employed, staying in school, life skill education, literacy training, vocational rehabilitation, community resource referrals, and community service.

31.  The Defendant will not consume products containing poppy seeds, diet pills, protein powder, energy drinks or any substance that is designed to have an effect on their urinalysis.

The Defendant understands, accepts and agrees to the contents and consequences of this agreement which the Defendant has read or which has been read or explained fully to the defendant.  No threats or promises have been made to any party to cause the defendant to enter into this agreement.  The defendant is not under the influence of any drug, medication or alcohol.  The defendant is not suffering from any mental problems at this time which could affect the defendants understanding of this agreement.  The defendant is entering into this agreement freely and voluntarily.




__________________________            _______________
SIGNATURE OF DEFENDANT            DATE

DONE AND ORDERED IN __________ COUNTY, FLORIDA ON THIS ________ DAY OF _________ 2010.

                            
                                __________________
                                JUDGE


 
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