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HARRIS COUNTY DRUG COURT CRITERIA

I. ELIGIBILITY
  1. The defendant must meet the following requirements:
    1. 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
    2. Have a pending felony drug , credit/debit card abuse, felony prostitution, state jail felony forgery or state jail felony theft charge, tampering /fabricating evidence, or be on probation or deferred adjudication for one of the eligible charges; and
    3. Be an adult (seventeen years of age or older) or a juvenile certified to stand trial as an adult; and
    4. Be a legal resident or citizen of the United States of America and be a resident of Harris County Texas;. and
    5. Have a drug dependency.
  2. Probationers and probation violators may be accepted into Drug Court.
  3. The defense bar and Drug Court staff may recommend defendants for inclusion in the program.
  4. The defendant must complete a pre-plea orientation of Drug Court to determine readiness for and commitment to the program.
  5. The District Attorney has final approval for eligibility.
II. EXCLUSIONS
A defendant will be excluded from Drug Court if he:
  1. Has a prior conviction, deferred adjudication or pending charge for
    1. a crime of violence
    2. burglary of a habitation
    3. any case where a firearm is possessed, used or exhibited or
    4. 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
  2. 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
  3. Has a pending charge for possession of marihuana over 5 pounds; or
  4. Is seriously and persistently mentally ill and cannot participate in the structure of the Drug Court; or
  5. 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
  6. 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.
Harris County Administrative Offices of the District Courts 2006
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