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19th JDC Adult Drug Treatment Court Information for Attorneys Minimize

 

 JUDGE ANTHONY J. MARABELLA, JR.
DRUG TREATMENT COURT

January 2015

STEPS NECESSARY TO GET A DEFENDANT INTO
THE DRUG TREATMENT COURT
 

 
A defendant arrested on drug charges or drug related charges must be recommended by the district attorney and must meet all eligibility requirements of LRS 13:5304 et seq. ( attached)

After meeting eligibility requirements above, the defendant must pass a clinical evaluation to be eligible to participate in the 19th Judicial District Drug Court Program. 

If the defendant is determined to be legally and clinically eligible and is willing to participate in the program, the next step is for the defendant and his attorney to agree to participate in the drug treatment court. 

This requires an extensive review by the defense attorney with the defendant of all of the rules and regulations required for participation and completion of the Drug Treatment Court.  This includes the defendant and his lawyer completely discussing the Drug Court Plea Agreement and Placement Hearing ( attached) , the Client Contract ( attached) and Waiver of Confidentiality(attached).

 

 DEFENSE  ATTORNEY  MUST  ADVISE  THE  DEFENDANT

That participants must abide by all of the rules of drug court, which include mandatory court attendance, mandatory treatment attendance, extensive drug testing, possible inpatient treatment, and sanctioning by the court for all non-compliance.

That defendant must meet with his probation officer regularly and abide by all conditions of probation.  Fulfillment of all obligations of probation must be met prior to completion of the program.

The Drug Treatment Court Program is very extensive and requires tremendous effort on behalf of the defendant.  The Program requires a minimum of twelve months to complete, but may last up to three years depending on each defendant’s own progress.  It is divided into four separate phases.

PHASE I—This is the pretreatment stabilization and engagement phase.

PHASE II—This is the cognitive restructuring phase of treatment and is the most intensive of all phases.

PHASE III—This phase concentrates on relapse prevention. 

PHASE IV—This is the transition and after care phase.

After the defense attorney explains all of the above and executes the documents.

The ADA and Defense lawyer must fill out the RECOMMENDATION for DRUG COURT Form and SAMPLE (attached), then meet with the Drug Court Judge for final approval and to obtain the date for the plea.

The Drug Court Judge meets with Lawyers and DA to finalize Drug Court Paperwork on Wednesdays from 1:00-3:00 PM.
Drug Court pleas are taken on Thursdays at 1:30 PM.

 
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