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HARRIS COUNTY DRUG COURT CRITERIA
I. ELIGIBILITY
- The defendant must meet the following requirements:
- Have a prior drug conviction (misdemeanor or felony) or two prior drug-related arrests or be a first offender with a documented history of drug or drug and alcohol dependency; and
- Have a pending felony drug , credit/debit card abuse, state jail felony forgery or state jail felony theft charge or be on probation or deferred adjudication for one of the eligible charges; and
- Be an adult (seventeen years of age or older) or a juvenile certified to stand trial as an adult; and
- Be a legal resident or citizen of the United States of America and be a resident of Harris County Texas;. and
- Have a drug dependency.
- Probationers and probation violators may be accepted into Drug Court.
- The defense bar and Drug Court staff may recommend defendants for inclusion in the program.
- The defendant must complete a pre-plea orientation of Drug Court to determine readiness for and commitment to the program.
- The District Attorney has final approval for eligibility.
II. EXCLUSIONS
A defendant will be excluded from Drug Court if he:
- Has a prior conviction, deferred adjudication or pending charge for
- a crime of violence
- burglary of a habitation
- any case where a firearm is possessed, used or exhibited or
- a sex offense including but not limited to those offenses enumerated in Article 42.12 Sec. 13B(b) of the Texas Code of Criminal Procedure; or
- Has a pending charge for manufacture or delivery of a controlled substance or dangerous drug or a pending clandestine lab charge or a conviction for operating a clandestine lab; or
- Has a pending charge for possession of marihuana over 5 pounds; or
- Is seriously and persistently mentally ill and cannot participate in the structure of the Drug Court; or
- Is unwilling or unable to terminate use of lawfully prescribed controlled substances, prescriptions and over the counter medications that affect the integrity and accuracy of drug screening; or
- Has been previously terminated from the program or who has previously graduated, whether on community supervision or not, from Drug Court and is arrested on a new felony drug charge.
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