Common Pleas Court of Butler County: Specialty Courts

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Admission to Drug Court (C.D.A.T.)

An application/referral to Drug Court can be obtained by visiting the Specialty Courts Office, located on the 3rd floor of the General Services Center, 315 High Street, Hamilton, Ohio 45011, or by printing one out Application/Referral for Specialty Courts and submitting it to the Specialty Courts Office.

All felony offenders who have not been screened by Pretrial Services at the time of referral, and who are on bond, must report to Pretrial Services for an initial screening. One component of the screening is the determination of initial eligibility for Drug Court participation.

Preliminary eligibility will be determined based on the level of the felony, the answers to drug use related questions, the nature of the current charge, and a criminal background check. Offenders charged with third, fourth, or fifth degree felonies are eligible for the Drug Court Program; but offenders with current charges of violence or a history of violence are not eligible. If the offender is determined to be preliminarily eligible for Drug Court, the Specialty Courts Office will notify the offender’s attorney.

An offender can be admitted into Drug Court by four methods:

1.         Plea and sentencing
2.         Intervention in Lieu of Conviction
3.         Probation Violation
4.         Judicial Release

Plea and Sentencing

Screening by Pretrial Services

Pretrial Services notifies the Specialty Courts Office that an offender is preliminarily eligible for Drug Court and the Specialty Courts Office notifies the offender’s attorney.

An application/referral for Drug Court (C.D.A.T.) must be submitted to the Specialty Courts Office by the offender’s attorney.

On receipt of the application/referral, an offender on bond will report to the Adult Probation Department to begin the Presentence Investigation (PSI). If the offender is incarcerated, someone from the Adult Probation Department will interview the offender at the Butler County Jail or Resolutions. This will be done without discussion of the offense.

On receipt of the application, the Specialty Courts Office will notify the prosecutor, the arresting agency, Pretrial Services, treatment personnel, and the Adult Probation Department that an application has been made.

The prosecutor will invoke Prosecutorial Veto or contact defense counsel to negotiate the plea.

If the offender has not yet been indicted, a Bill of Information will be drafted and the plea taken.

The assigned Judge must approve the offender’s admittance into Drug Court.

If the offender has been indicted, a plea will be taken by the Judge who has been assigned the case.

At the time a plea is entered, a substance abuse assessment by T.A.S.C. will be scheduled immediately to determine the level of care needed. If the offender is on bond and appropriate for pretrial release, he or she will be referred to Pretrial Services for supervision.

If the offender is incarcerated, the decision to grant pretrial release will be made on a case by case basis by the original Sentencing Judge.

The Drug Court team will staff the case to decide if the offender is appropriate for Drug Court.

At the time of sentencing, the offender will sign a Waiver wherein he or she gives permission for the Drug Court team and various other departments to share information. A Participation Agreement which explains all of the requirements to complete the C.D.A.T. Program will also be signed.

Intervention In Lieu Of Conviction

A Motion for Intervention in Lieu of Conviction must be filed with the Clerk of Courts and a copy given to prosecutor, either prior to or at the time the application/referral for Drug Court is submitted.

An application/referral for Drug Court (C.D.A.T.) must be submitted to the Specialty Courts Office by the offender’s attorney.

On receipt of the application/referral, an offender on bond will report to the Adult Probation Department to begin the Presentence Investigation (PSI). If the offender is incarcerated, someone from the Adult Probation Department will interview the offender at the Butler County Jail or Resolutions. This will be done without discussion of the offense. A substance abuse assessment by T.A.S.C. will be scheduled immediately to determine the level of care needed. If the offender is on bond and appropriate for pretrial release, he or she will be referred to Pretrial Services for supervision.

On receipt of the application, the Specialty Courts Office will notify the prosecutor, the arresting agency, Pretrial Services, treatment personnel and the Adult Probation Department that an application has been made.

The prosecutor will invoke Prosecutorial Veto or contact defense counsel to negotiate the Intervention in Lieu plea.

If the offender has not yet been indicted, a Bill of Information will be drafted and the Intervention in Lieu plea taken.

The assigned Judge must approve the offender’s admittance into Drug Court.

The Drug Court team will staff the case to decide if the offender is appropriate for Drug Court.

If the offender is acceptable for Drug Court, the Intervention in Lieu plea will be entered before the original Judge to which the case has been assigned and the offender will begin treatment as soon as possible.

At the time the Intervention in Lieu plea is entered, the offender will sign a Waiver wherein he or she gives permission for the Drug Court team and various other departments to share information. A Participation Agreement which explains all of the requirements to complete the C.D.A.T. Program will also be signed.

If the offender successfully completes Drug Court, and has paid all costs and supervision fees, an entry which dismisses the Indictment will be filed.

Probation Violation

If the offender has been referred by the defense attorney, or as a probation violator, an application/referral must be submitted to the Specialty Courts Office. The probation officer will be notified that an application/referral to Drug Court has been submitted.

The Adult Probation Department and the assigned Judge must approve the offender being accepted into the Drug Court Program.

If approved by the Adult Probation Department, the offender will be screened by T.A.S.C. in order to determine drug dependence and the proper level of care needed.

The Drug Court team will staff the case to decide if the offender is appropriate for Drug Court.

The probation violation hearing will then be conducted by the Drug Court Judge and if the offender is accepted, the conditions of his or her community control will be modified to include successfully completing Drug Court.

At the time of the probation violation hearing, the offender will sign a Waiver wherein he or she gives permission for the Drug Court team and various other departments to share information. A Participation Agreement which explains all of the requirements to complete the C.D.A.T. Program will also be signed.

Judicial Release

An application/referral must be submitted to the Specialty Courts Office. The offender must be amenable to community control (i.e. not serving mandatory time).

A substance abuse assessment by T.A.S.C. will be scheduled in order to determine the proper level of care needed.

An updated Presentence Investigation (PSI) may be scheduled, and a conduct report from the Ohio Department of Rehabilitation and Corrections may be obtained.

The Drug Court team will staff the case to decide if the offender is appropriate for Drug Court.

If the offender is found to be appropriate, a Judicial Release hearing will be scheduled before the original Sentencing Judge. The Judge will be provided all information and then would determine if Judicial Release into Drug Court will be granted as a condition of Community Control.

At the time of the Judicial Release hearing, the offender will sign a Waiver wherein he or she gives permission for the Drug Court team and various other departments to share information. A Participation Agreement which explains all of the requirements to complete the C.D.A.T. Program will also be signed.