Rule 2 Guiding Principles
Rule Text
(a) Target Principles. Drug Court engages participants in a plea held in abeyance model and a structure that is supportive of success in recovery. The Program utilizes alternative treatment tracks appropriate for individualized interventions, taking into consideration the participant’s substance use, mental and physical health, and other factors which may prevent successful recovery. The Program utilizes incentives and strategic, graduated sanctions to encourage the success of participants. Drug Court makes every effort to identify all reasonably appropriate treatment options and encourages participants to continue their engagement in the treatment plan.
(b) Key Components of Drug Court.2
(1) Drug Court integrates substance use treatment services with justice system case processing. The Program integrates treatment services with the criminal justice system.
(2) Using a non-adversarial approach, the Prosecutor and Defense Counsel promote public safety while protecting participants’ due process rights.
(3) Eligible participants are identified early and promptly placed in the Program. Potential participants are referred to Drug Court for immediate assessment and, if accepted, placed in treatment programs.
(4) Drug Court provides access to a continuum of alcohol, drug, and other related treatment and rehabilitation services. Participants engage in treatment for physical health, mental health, and substance use disorders. Drug Court coordinates with treatment providers to facilitate complimentary services.
2 Guided by Nat’l Assoc. Drug Court Pro.: Drug Court Standards Comm., Defining Drug Courts: The Key Components, ALLRISE (1997), https://allrise.org/publications/defining-drug-courts-the-key-components-2/. NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025
(5) Abstinence is monitored by random and frequent alcohol and drug testing. A series of timely progress reports coupled with court appearances encourage compliance with treatment protocols and judicial mandates.
(6) A coordinated strategy governs Drug Court responses to participant compliance. Positive performance results in incentives including reduced supervision, phase promotions, and the eventual successful completion of the Program. Sanctions, when needed, are imposed based on their therapeutic value.
(7) Ongoing judicial interaction with each participant is essential. Depending on the participant’s Program phase and level of compliance, participants appear before the court regularly. Participants may be required to appear before the Court more frequently.
(8) Monitoring and evaluation measure the achievement of Program goals and gauge effectiveness. Drug Court uses information technology to manage and analyze data and client referral needs. Process evaluation is assessed quarterly.
(9) Drug Court promotes training and education for effective planning, implementation, and operation. The Team and staff meet benchmarks by continuing to educate themselves through regional and national training conferences, studies, and research efforts.
(10) Forging partnerships between the Drug Court, public agencies, and community-based organizations generates local support and enhances Program effectiveness. The collaborative structure of Drug Court requires constant communication among the Team and other collaborative stakeholders to share information and to enhance Program effectiveness.
(c) Target Population. Drug Court targets non-violent adult offenders where there is a reasonable assumption that the offender’s criminal activity is connected directly to the ongoing, chronic, and habitual use of substances. Generally, the Program does not accept participants who are charged with violent or domestic violence offenses. On a case-by-case basis, the Program may accept participants who would otherwise be rejected if a significant period has elapsed since the aforementioned charge was filed. Under no circumstance, however, will an individual charged with a sexual crime be admitted into the Program. NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025 Admission is subject to limited availability and resources. If necessary, the Manager maintains a waiting list of potential participants.
(d) Initial Assessment. An intake interview, a full assessment of substance use disorder, criminogenic and treatment need, and bio-psychosocial and drug testing are conducted for all potential participants deemed legally eligible to enter Drug Court.