What is Drug Court in the Superior Court of the District of Columbia?

There are drug courts throughout 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 more than 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 more than 20 years. SCDIP is a voluntary program.

Criminal defense attorneys who make a blanket statement “I have no drug court clients” 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 DC misdemeanor or felony case. 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 set for the state. The court at arraignment may impose an evaluation and, if successful, placement in a program. If the pre-trial 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 accused.

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 they will allow drug court participation. The case will be set for an additional status hearing.

At the final status hearing, if the 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.

Intake of felony cases

The defendant comes forward on a felony complaint. The case is set for preliminary hearing. The court can now mandate an evaluation and, if positive, placement in the program. If the defendant tests positive for drugs, they can order an Addiction Severity Index (ASI) before trial. An ASI is an evaluation in which an expert drug counselor informs the court of what treatment is recommended.

If pretrial services recommend participation in drug court and the defendant is willing, he or she may proceed without the recommendation of the federal prosecutor. 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 United States Attorney’s office approves the defendant’s participation, the United States 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 their guilty plea on the final sentencing date and plead guilty to a listed misdemeanor instead of the felony.

If participation has not been approved by the US Attorney’s office, after successful completion of a felony drug court case, probation may be granted by the court, but is not guaranteed.