Rule 3.12 – Drug Court

A. CREATION OF SPECIALIZED DOCKET – “DRUG COURT”:
Drug Court is created pursuant to the specialized docket standards set forth in Sup. R.
36.20-36.28, including Appendix I. The purpose of Drug Court is to facilitate efficient and
effective treatment of drug addicted or drug abusing offenders. Eligible offenders as
defined in Subsection (C) of this Rule shall be supervised by the Montgomery County Adult
Probation Department (“Probation Department”) to ensure compliance with community
control sanctions and to assist with criminogenic needs.

B. DRUG COURT TEAM:
The “Drug Court Team” shall consist of the Judge assigned to Drug Court (“Drug Court
Judge”), Adult Probation Department Manager and staff, Probation Officers, licensed
treatment providers, community based employment program personnel, the Assistant
Prosecuting Attorney, and Defense Counsel. The Drug Court Team shall convene weekly to
discuss the progress and status of individual offenders, apply sanctions as needed, and for
any other matters.

C. ELIGIBILITY CRITERIA FOR DRUG COURT ADMISSION:
1. The assigned Judge may order a defendant to Drug Court through a guilty or no contest
plea, probation violation, judicial release, other early release options, or Intervention in
Lieu of Conviction pursuant to R.C. § 2951.041 (“ILC”).
2. In order for a defendant to be eligible for Drug Court the defendant shall:
a. Be amenable to community control;
b. Be charged with a third, fourth, or fifth degree felony;
c. Be a resident of Ohio;
d. Have little or no history of violent behavior;
e. Have a chemical abuse addiction in which the defendant’s current or past criminal
behavior has been alcohol or drug driven;
f. Have no acute health condition; and
g. Demonstrate a sincere willingness to participate in a long term treatment process.

D. REFERRING DEFENDANTS TO DRUG COURT:
1. Drug Court receives referrals from the assigned Judge. The Drug Court Team shall
review the case for legal and clinical eligibility as identified in Subsection (C)(2)(a)-(g) of
this Rule.
2. The assigned Judge shall have final discretion to decide if the defendant is ordered to
Drug Court.

E. SENTENCING:
After a defendant is ordered to Drug Court as a community control or ILC sanction, along
with any other appropriate sanctions, the case shall be transferred to the Drug Court Judge
for any and all further court proceedings. The Drug Court Judge shall have the authority to
conduct arraignments, accept pleas, enter findings and dispositions, revoke community
control or ILC, and order or modify community control or ILC sanctions.

F. TREATMENT PHASES:
Drug Court offenders shall be required to complete phases of treatment as individually
necessary and complete all other requirements as identified in the Drug Court Participant
Handbook and the Drug Court Participation Agreement. Drug Court offenders shall comply
with all the rules indicated to them by the Drug Court Judge at their initial appearance.
While in Drug Court, the offender shall receive services to assist in meeting criminogenic
needs. Upon graduation from Drug Court, the offender may be required to remain under
community control or ILC sanctions to ensure continued compliance and success.

G. SANCTIONS FOR NON-COMPLIANCE:
Sanctions for a Drug Court offender’s non-compliance vary in intensity and may include, but
are not limited to, the following:
1. Warning and admonition from the Drug Court Judge;
2. Demotion to an earlier Drug Court phase;
3. Increased frequency of drug or alcohol testing and court appearances;
4. Increased supervision contacts and monitoring;
5. Community service or work program;
6. Jail or out of home placement;
7. Community control or ILC violation;
8. Termination from Drug Court; and
9. Commitment to the Secure Transitional Offender Program (“S.T.O.P.”), the MonDay
Community Correctional Facility, or any other community based facility approved by the
Court.

H. UNSUCCESSFUL TERMINATIONS:
1. Reasons for termination from Drug Court include, but are not limited to:
a. Failure to remain clean from illegal substances or alcohol;
b. Violation of the General Conditions of Supervision;
c. Violation of any community control or ILC sanctions; and
d. Failure to comply with the Drug Court Participation Agreement or any other orders
of the Drug Court Judge.
2. If an offender is terminated from Drug Court for reasons stated in Subsection (H)(1) of
this Rule, or for any other reason as determined by the Drug Court Judge, the offender
may be subject to a community control or ILC revocation hearing.
3. If a hearing is required pursuant to Subsection (H)(2) of this Rule:
a. The Drug Court Judge shall adjudicate the proceedings;
b. The offender may have his or her community control or ILC sanctions modified.
Modifications may include, but are not limited to, commitment to a Community
Based Correctional Facility (“CBCF”), revocation of community control or ILC, or
termination from Drug Court;
c. The Drug Court Judge shall have the sole discretion to refer an offender to the
original assigned Judge for further proceedings; and
d. The laws governing revocation apply, and the offender has a right to counsel.

I. STATISTICAL REPORTS:
For purposes of Supreme Court statistical reports, the case shall be considered disposed by
the assigned Judge when the defendant is sentenced to Drug Court or the defendant is
ordered into Drug Court as a condition of ILC.