Motion for Drug Court Admission

MOTION FOR ADMISSION TO DRUG COURT TREATMENT PROGRAM

Court Information

Court: [_____________________________________________]

County / Judicial District: [________________________]

Case Number: [_______________________________________]

Judge / Department: [________________________________]

Hearing Date: [__/__/____]

Case Caption

I. INTRODUCTION AND RELIEF REQUESTED

Defendant [DEFENDANT NAME], by and through undersigned counsel, respectfully moves this Court for an order admitting Defendant to the [NAME OF DRUG COURT / TREATMENT COURT] under [applicable statute]. Defendant has been diagnosed with a substance use disorder that significantly contributed to the charged conduct, satisfies the statutory eligibility criteria, has been clinically assessed as amenable to community-based treatment, and is prepared to comply with the terms and conditions of the program.

Upon successful completion, Defendant respectfully requests that the Court dismiss the underlying charge(s) (or vacate any conditional plea), order the arrest sealed or non-disclosed to the maximum extent permitted by law, and enter such further orders as authorized by statute.

II. DEFENDANT BACKGROUND

☐ Full legal name: [_____________________________________]

☐ Date of birth: [__/__/____]

☐ Custody status: ☐ In custody ☐ Released on bond ☐ Released on OR

☐ Date of arrest: [__/__/____]

☐ Counsel: [___________________________________________]

☐ Criminal history (concise): [_____________________________]

☐ Prior treatment history (programs, dates, completions, relapses):
[____________________________________________________________]

☐ Prior diversion or drug court participation: [______________]

III. CHARGED OFFENSE

☐ Counts and statutory citations:

• [_______________________________________________________]
• [_______________________________________________________]

☐ Date of alleged offense: [__/__/____]

☐ Nature of offense (controlled substance involvement, no violence / weapons / serious bodily injury, etc.):
[____________________________________________________________]

☐ Maximum exposure if convicted: [_____________________]

☐ Plea posture: ☐ Pre-plea (deferred entry of judgment) ☐ Conditional guilty plea (post-plea) ☐ Probationary disposition

IV. STATUTORY ELIGIBILITY VERIFICATION

A. Offense Eligibility

☐ The charged offense is one of the substance-related or substance-driven offenses eligible for drug court under [statute]. (E.g., simple possession under Cal. Health & Safety Code §§ 11350/11377; Tex. Gov't Code § 123.002 substance-related offenses; Fla. Stat. § 948.08(6); N.Y. CPL § 216.00 eligible felony offenses.)

☐ The offense did not involve:

• ☐ Use or possession of a firearm or dangerous weapon
• ☐ Force against another person
• ☐ Death or serious bodily injury to another
• ☐ A sexually violent offense
• ☐ A statutorily excluded violent felony

B. Criminal History Eligibility

☐ Defendant has no disqualifying prior conviction within the applicable look-back period:

• California § 1000: no controlled-substance conviction (other than § 1000-eligible) within five years; no felony conviction within five years; no offense involving violence or threatened violence.
• New York CPL § 216: no qualifying violent felony or other listed disqualifier within ten years.
• Texas Gov't Code Ch. 123: not previously convicted of an Article 42A.054 offense or sexually violent offense (for post-completion nondisclosure).

C. Substance Use Disorder Assessment

Defendant has been clinically evaluated and diagnosed with a Substance Use Disorder per DSM-5-TR and the American Society of Addiction Medicine (ASAM) Criteria, as documented in Exhibit A (Clinical Evaluation).

☐ Evaluating clinician: [____________________________________]

☐ License / credentials (e.g., LCSW, LMFT, CADC, MD): [____________]

☐ Date of evaluation: [__/__/____]

☐ DSM-5-TR SUD diagnosis (specify substance and severity):

• ☐ Alcohol Use Disorder, severity: ☐ Mild ☐ Moderate ☐ Severe
• ☐ Opioid Use Disorder, severity: ☐ Mild ☐ Moderate ☐ Severe
• ☐ Stimulant Use Disorder, severity: ☐ Mild ☐ Moderate ☐ Severe
• ☐ Sedative/Hypnotic/Anxiolytic Use Disorder
• ☐ Cannabis Use Disorder
• ☐ Poly-substance / multiple SUDs: [__________________________]

☐ ASAM recommended level of care:

• ☐ Level 1 — Outpatient
• ☐ Level 2.1 — Intensive Outpatient (IOP)
• ☐ Level 2.5 — Partial Hospitalization (PHP)
• ☐ Level 3.1/3.3/3.5 — Residential / Clinically Managed
• ☐ Level 3.7 — Medically Monitored Inpatient
• ☐ Level 4 — Medically Managed Intensive Inpatient

☐ Co-occurring mental health diagnosis (if any): [____________]

V. NEXUS BETWEEN SUD AND OFFENSE

Defendant's substance use disorder is causally connected to the charged conduct in that:

[____________________________________________________________]

This nexus is supported by:

• ☐ Police reports indicating intoxication or possession
• ☐ Toxicology results
• ☐ Clinical evaluation findings
• ☐ Defendant's treatment history

VI. NADCP 10 KEY COMPONENTS AND BEST PRACTICE STANDARDS

The proposed admission and treatment plan conform to the NADCP / All Rise Adult Drug Court Best Practice Standards (Vols. I and II, rev. 2018, corrected 2022) and the 10 Key Components of drug court (NADCP 1997), including:

1. Integration of substance use treatment with case processing
2. Non-adversarial approach
3. Early identification and prompt placement
4. Continuum of services (including medications for SUD)
5. Frequent random drug and alcohol testing
6. Coordinated strategy of incentives and sanctions
7. Ongoing judicial interaction
8. Monitoring and evaluation of outcomes
9. Continuing interdisciplinary education
10. Forging partnerships with public agencies and community organizations

VII. PROPOSED TREATMENT PLAN

The Individualized Treatment Plan from the proposed provider is attached as Exhibit B.

A. Provider and Funding

☐ Treatment provider: [______________________________________]

☐ Licensure / certification: [_______________________________]

☐ Funding: ☐ Medicaid ☐ Private insurance ☐ County BH ☐ Sliding scale ☐ Self-pay

B. Levels of Care and Frequency

• ☐ Initial level of care: [_______________________________]
• ☐ Group counseling: [____] sessions/week
• ☐ Individual counseling: [____] sessions/week
• ☐ Recovery support / 12-step or alternative (e.g., SMART Recovery): [_____]
• ☐ Drug and alcohol testing: random, at least twice per week (NADCP Standard VII)
• ☐ Status hearings: [____] frequency
• ☐ Case management and peer support
• ☐ Co-occurring mental health treatment as clinically indicated
• ☐ Housing / employment / educational support

C. Phase Structure and Duration

☐ Anticipated phase progression:

• Phase I (stabilization): [____] months
• Phase II (intensive treatment): [____] months
• Phase III (relapse prevention): [____] months
• Phase IV (continuing care / aftercare): [____] months

☐ Total program length: [____] months (typical: 12–24 months)

☐ Anticipated graduation date: [__/__/____]

D. Incentives and Sanctions Structure

Defendant understands and accepts the program's published schedule of incentives (e.g., phase promotion, reduced reporting, fishbowl rewards) and graduated sanctions (e.g., increased testing, written assignments, community service, brief jail sanctions consistent with NADCP Standard IV).

☐ Defendant has received the program's policies and procedures handbook: ☐ Yes

VIII. MEDICATION-ASSISTED TREATMENT (MAT) / MOUD — ADA ACCOMMODATION

A. ADA Protection

Defendant invokes the protections of Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131–12134, and 28 C.F.R. Part 35. Pursuant to the United States Department of Justice's published guidance, The Americans with Disabilities Act and the Opioid Crisis: Combating Discrimination Against People in Treatment or Recovery (Apr. 5, 2022), opioid use disorder is a disability under the ADA, and a court, jail, drug court, or treatment provider violates the ADA when it categorically prohibits or requires discontinuation of medications for opioid use disorder (MOUD) — namely methadone, buprenorphine, and naltrexone — when those medications are lawfully prescribed and supervised by a licensed health care professional.

B. Defendant's Current or Anticipated MAT/MOUD Status

• ☐ Defendant is currently prescribed and stable on the following MOUD/MAT medication:
• ☐ Methadone (dose: [______] mg; OTP: [____________________])
• ☐ Buprenorphine / Buprenorphine-Naloxone (Suboxone, Sublocade) (dose: [______] mg; prescriber: [_______________])
• ☐ Naltrexone / Extended-Release Naltrexone (Vivitrol) (prescriber: [_______________])
• ☐ Acamprosate / Disulfiram (for AUD)
• ☐ Defendant anticipates initiating MAT/MOUD as clinically recommended (Exhibit A).
• ☐ Defendant is not currently on MAT but reserves the right to initiate medication if clinically indicated during the program.

C. Required Accommodation

Defendant respectfully requests an order that:

1. ☐ The drug court and any treatment provider, residential facility, or jail housing Defendant shall not require Defendant to discontinue, taper, or reduce lawfully prescribed MOUD as a condition of participation, completion, or sanction;
2. ☐ Drug testing protocols shall not treat the presence of metabolites of prescribed MOUD as a positive test or as grounds for sanction;
3. ☐ The Court, prosecution, defense, and treatment team shall defer to the treating prescriber's clinical judgment regarding dose, duration, and medication selection (consistent with NADCP Standard V.F. — Medications);
4. ☐ Any program policy inconsistent with this paragraph is preempted by Title II of the ADA per DOJ guidance.

IX. CONSENT AND WAIVER

Defendant has been advised by counsel of, and knowingly, voluntarily, and intelligently waives for purposes of drug court participation:

• ☐ The right to a speedy trial
• ☐ The right to a jury trial (for post-plea models, upon entry of conditional plea)
• ☐ The right to confront and cross-examine witnesses
• ☐ The privilege against self-incrimination as to participation in treatment, drug testing, and status hearings
• ☐ The right to litigate any pending suppression motions during the diversion period

Defendant further understands:

• ☐ Failure to complete drug court may result in imposition of sentence on the conditional plea (post-plea model) or reinstatement of prosecution (pre-plea model);
• ☐ Information disclosed in treatment is governed by 42 C.F.R. Part 2 and applicable state confidentiality law;
• ☐ Restitution obligations survive successful completion.

X. POST-COMPLETION RELIEF

Upon successful completion, Defendant requests:

1. ☐ Dismissal of all charges (pre-plea model) or vacatur of the conditional plea and dismissal (post-plea model);
2. ☐ Sealing, expungement, or order of nondisclosure of arrest and prosecution records to the maximum extent permitted by law (e.g., Tex. Gov't Code § 123.001(b) nondisclosure; Cal. Penal Code § 1000.4 / § 1210.1(e)(1) dismissal; Fla. Stat. § 943.0585 sealing);
3. ☐ Order that, for most purposes, the arrest is deemed not to have occurred;
4. ☐ Restoration of any rights forfeited by the original charge to the extent statutorily permitted.

XI. STATE-SPECIFIC VARIATIONS

California — Penal Code §§ 1000 / 1210 / 1210.1

§ 1000 Deferred Entry of Judgment (now styled "pretrial diversion"): available for enumerated simple-possession-type offenses (e.g., Health & Safety Code §§ 11350, 11357, 11364, 11365, 11375(b)(2), 11377, 11550). Eligibility requires no controlled-substance conviction (other than § 1000-eligible) within five years, no offense involving violence or threatened violence, no contemporaneous more-serious drug crime, and no felony conviction within five years. Process: enrollment in a probation-approved program, completion within prescribed period, and dismissal upon successful completion.

Proposition 36 (§§ 1210, 1210.1, 3063.1): post-conviction treatment-in-lieu-of-incarceration for non-violent drug possession offenses; allows up to two probation violations before potential termination; dismissal upon substantial compliance and successful treatment completion.

Realignment (§ 1170(h)): felony drug offenses may be sentenced to county jail with split sentencing and mandatory supervision, which can be structured to incorporate drug court conditions.

Texas — Gov't Code Ch. 123 (Drug Court Programs)

Counties (and municipalities) may establish drug courts for persons charged with substance-related offenses or offenses where alcohol/controlled substance use significantly contributed, excluding any offense involving a firearm or other dangerous weapon, force against a person, or death/serious bodily injury. Counties with population over 200,000 receiving federal/state funding must establish a program. Upon successful completion, the court shall enter an order of nondisclosure of criminal history record under Subchapter E-1, Chapter 411, provided the participant has no prior Article 42A.054 or sexually violent offense conviction and no felony conviction within two years post-completion. Nondisclosure is not available where entry arose from a DWI conviction.

Florida — Fla. Stat. § 397.334 / § 948.08(6)

Each county may fund a treatment-based drug court. Pretrial entry is voluntary and requires written agreement acknowledging program requirements (§ 948.08(6)). Post-adjudicatory entry as a condition of probation or community control under §§ 948.01, 948.06, or 948.20 is based on the sentencing court's assessment of criminal history, substance abuse screening outcome, amenability, total sentence points, recommendation of the State Attorney and any victim, and the defendant's agreement. Programs adhere to the 10 Key Components codified in § 397.334(4). A drug-court judge presides over any violation of probation/community control of a participant.

New York — CPL Article 216 (Judicial Diversion)

Available to "eligible defendants" charged in an indictment or superior court information with specified Class B, C, D, or E felonies under Penal Law Article 220 or 222 (or other specified offenses per CPL § 410.91(5)). Disqualifiers include certain violent-felony priors within ten years, prior persistent or second violent felony adjudication, and pending violent felony charges (with prosecutor-consent override). Process: alcohol and substance use evaluation under § 216.00(2); court determination of eligibility/suitability; structured treatment with court monitoring. Note the pending Treatment Court Expansion Act (S.4547/A.4869) would broaden eligibility to any offense (subject to limited exclusions) and add mental-health and dual-diagnosis qualifying diagnoses.

Other Jurisdictions

Most states authorize drug courts through specialty-court enabling statutes (e.g., 730 ILCS 166/ — Illinois Drug Court Treatment Act; Ohio Sup. R. 36.20 et seq.; Va. Code §§ 18.2-254.1; Ariz. Rev. Stat. § 13-3422; Ga. Code § 15-1-15). Counsel must confirm the local drug court's published eligibility criteria, MAT policy, and post-completion relief from the certifying authority (typically the state's administrative office of the courts).

XII. SUPPORTING EXHIBITS

• Exhibit A: Clinical Evaluation / SUD Assessment (DSM-5-TR diagnosis, ASAM placement criteria, MAT recommendation)
• Exhibit B: Individualized Treatment Plan from accepting provider with levels of care, modalities, frequency, and intake date
• Exhibit C: Defendant's Declaration of consent and waiver
• Exhibit D: Treatment provider acceptance letter (bed / slot reserved)
• Exhibit E: Insurance / funding verification
• Exhibit F: Current MAT prescription (if applicable) and prescriber letter
• Exhibit G: DOJ ADA Guidance, The ADA and the Opioid Crisis (Apr. 5, 2022) (excerpt)
• Exhibit H: Letters of support
• Exhibit I: Proposed Order

XIII. CONCLUSION

For the reasons stated above and supported by the attached exhibits, Defendant respectfully requests that this Court:

1. ☐ Grant Defendant's Motion for Admission to the Drug Court Treatment Program;
2. ☐ Order Defendant admitted under the [pre-plea / post-plea] model authorized by [statute];
3. ☐ Approve the proposed Individualized Treatment Plan;
4. ☐ Enter the ADA / MAT accommodation order requested in Section VIII;
5. ☐ Set the program length at [____] months and schedule recurring status hearings;
6. ☐ Order that, upon successful completion, the charges shall be dismissed and the records sealed / non-disclosed to the maximum extent permitted by law; and
7. ☐ Grant such other and further relief as the Court deems just and proper.

Respectfully submitted,

[ATTORNEY NAME], Bar No. [__________]
[FIRM NAME]
[Address]
[Phone] | [Email]
Counsel for Defendant

Dated: [__/__/____]

CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Motion was served on the [Office of the District Attorney / State Attorney / Commonwealth Attorney], the proposed treatment provider, and all parties of record by [method of service].

[ATTORNEY NAME] _______________________________

Sources and References

• Cal. Penal Code §§ 1000, 1000.1, 1000.4, 1170(h), 1210, 1210.1, 3063.1
• Tex. Gov't Code §§ 123.001–123.005
• Fla. Stat. §§ 397.334, 948.01, 948.06, 948.08(6), 948.20, 943.0585
• N.Y. Crim. Proc. Law §§ 216.00, 216.05; § 410.91(5); Treatment Court Expansion Act (S.4547/A.4869, 2025–2026 session)
• 42 U.S.C. §§ 12131–12134; 28 C.F.R. Part 35
• U.S. Dep't of Justice, The Americans with Disabilities Act and the Opioid Crisis: Combating Discrimination Against People in Treatment or Recovery (Apr. 5, 2022)
• NADCP / All Rise, Adult Drug Court Best Practice Standards, Vols. I & II (rev. 2018, corrected 2022)
• NADCP, Defining Drug Courts: The Key Components (1997)
• 42 C.F.R. Part 2 (confidentiality of SUD records)
• American Society of Addiction Medicine, ASAM Criteria (4th ed.)