Felony Drug Court

STATEMENT FROM JUDGE THOMAS A. TEODOSIO

Drug Court is a special court given the responsibility to handle cases involving drug-using/abusing, non-violent offenders, through immediate comprehensive supervision, drug testing, and treatment services, as well as immediate sanctions and incentives.

Drug Court programs bring the full weight and co-operative effort of all interveners, namely: judge, prosecutor, defense counsel, substance abuse treatment specialists, law enforcement correctional personnel, educational and vocational experts, and other community persons, to bear, forcing the offender to deal with his or her substance abuse problems.

GENERAL INFORMATION

The Summit County Felony Drug Court (SCFDC) is an innovative program available to felony drug possessions/abuse offenders county wide, taking offenders from all three Municipal Courts within the county; Akron, Barberton, and Stow. This program is intended to swiftly introduce drug possession/abuse offenders to drug treatment with continuing judicial involvement, to increase the likelihood of rehabilitation and reduce the likelihood of recidivism. It is a collaborative effort between the courts, prosecutor’s office, law enforcement, defense attorneys, and treatment providers, to provide offenders with mandatory treatment, increased supervision, and coordinated use of community resources with the following goals in mind:

1. Consolidate service delivery to Summit County Felony Drug Court clients.
2. Reduce the incidence of substance abuse among the adult felony offender population of Summit County.
3. Reduce recidivism among drug possession/abuse offenders and contribute to community safety.
4. To provide the courts with another sentencing option to serve the needs of the felony offenders in Summit County in order to reduce the use of state prisons and local jail facilities.
5. To enhance the education level of the adult, felony drug offender population.
6. To increase the rate of employment among adult, felony drug offenders.
7. To enhance the participant’s ability to function in the community.

STRUCTURE OF THE DRUG COURT

The Summit County Felony Drug Court (SCFDC) will be based upon a post-adjudication model.

LENGTH OF PROGRAM

The program will be for a minimum of 18 months in length. The period of participation can be extended, based on the client’s non-participation or failure to remain abstinent from drugs and alcohol for a period of at least four months.

CASE PROCESSING

Initial eligibility for the Drug Court Program will be determined at the municipal court level and will consist of those offenders arrested for felony drug possession/abuse. Screening will be done daily, covering all three Municipal Courts in Summit County. Offenders will enter a “not guilty” plea at their initial arraignment and an attorney will be appointed (if indigent). They will return to court in three days, with the attorney. During that time, their eligibility will be verified and police approval will be obtained. If the offender elects to participate in the Program, a “Bill of Information” will be prepared by the Prosecutor’s Office, and the offender will enter the Program within the next 10 days. If they elect not to participate, the case will proceed through normal channels. At their appearance in Drug Court, the offender will enter a “guilty” plea to the Bill of Information and the Judge will hold sentencing in abeyance. If the offender successfully completes the Program, the “guilty” plea will be vacated and the case will be dismissed. Offenders who fail to successfully complete the Program will be sentenced.

CRITERIA FOR FELONY DRUG COURT PLACEMENT

• All cases must be fourth or fifth degree felony drug offenses. (Initial Screening)
• Must have police and prosecutor approval.
• Case may have two Possession or Drug Abuse charges.
• Charge of tampering with evidence will be evaluated by police and prosecutor to determine eligibility.
• Defendant must be mentally and physically able to participate.
• Defendant is not eligible if:

1. On active parole/post release control.
2. Currently participating in Family Violence Court, Mental Health Court, Akron Municipal Drug Court, or Reentry Court
3. Has a conviction for first or second degree felonies in the past five years.
4. Has more than two previous felony convictions in past five years.
5. Has substantial history of violent offenses at the felony or misdemeanor level.
6. Has previously participated in any Drug Court or Intervention in Lieu of Conviction program.
7. Has prior conviction for Trafficking, Distribution, Manufacturing, Prep for Sale, etc.
8. Has prior arrest for Trafficking, Distribution, Manufacturing, Prep for Sale, etc. within the past 10 years.
9. Has pending felony or misdemeanor cases; pending cases must be resolved prior to entering Felony Drug Court.
10. Is a co-defendant.
11. Cannot have more than 3 Failure to Appear (FTA) contempts on any one previous individual criminal case.
12. Holds a position of trust as deemed by the prosecutor.
13. The underlying substance abuse issue involves a drug that is not able to be drug tested via a urine drug screen (e.g. Inhalants, Ultram/Tramadol).
14. Is currently or has previously been classified as a Tier III Sex Offender or Sexual Predator.
15. Is on Community Control

Felony Drug Court Client Handbook

Waiver of Counsel for Felony Drug Court