Rule 7 Termination from Drug Court

(a) Types of Termination

(1) Self-Termination. Participation in Drug Court is voluntary. Accordingly, a participant may self-terminate from Drug Court at any time. The Court shall set a self-termination hearing. At the self-termination hearing, the Judge shall advise the participant of their rights.

NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025 Participants who self-terminate are responsible for paying any outstanding fines and fees.

(2) Court Termination. As eligibility for Drug Court participation is not a right, Drug Court may terminate a participant at any time. The Court, at the request of a Team member, or on its own motion or on motion of the OAG Criminal Division, may terminate a participant from the Program for good cause after a hearing. A violation of treatment obligations may be grounds for termination. The seriousness of the treatment violation, repeated failures to comply, limitation of alternative treatment options, or other good cause may result in court termination.

(b) Grounds for Court Termination

(1) New Allegation of a Felony. The Court may terminate a participant on motion of the OAG Criminal Division, or on its own motion, if the participant is arrested and charged with a new felony or a new violent or sexual felony at any time after entry into Drug Court.

(2) New Allegation of a Violent Misdemeanor. The Court may terminate a participant on motion of the OAG Criminal Division, or on its own motion, if the participant is arrested and charged with a violent misdemeanor.

(3) New Allegation of a Domestic Violence Offense. The Court shall terminate a participant on motion of the OAG Criminal Division, or on its own motion, if the participant is arrested and charged with a domestic violence offense.

(4) Violation of a Stay Away Order. The Court may terminate a participant on motion of the OAG Criminal Division, or on its own motion, if the participant violates a stay away order. In the alternative, the Court may impose a period of incarceration, or other conditions, as a stipulation of further participation.

(5) Absconding. The Court may terminate a participant for absconding. Absconding is when the participant’s whereabouts are unknown to Drug Court officers or law enforcement officers for a period exceeding twenty-four hours.

(6) Plea Expiration. The Court may terminate a participant if the participant’s plea agreement expires.

NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025

(7) Other Reasons for Termination. The Court may terminate a participant based on non-negative or positive drug tests, prior failures in the treatment plan, lack of appropriate treatment services, other reasons related to the participant’s compliance with treatment obligations, or for other good cause.

(8) Evidentiary Standard for Termination. The evidentiary standard for Drug Court termination shall be proof by a preponderance of evidence.

(c) Termination Procedure.

(1) Termination for Accumulation of Violations. In the accumulation of violations-based termination, the participant will first be given a termination plan. A termination plan is an agreement between a participant and the Program that is entered into when a participant has excessive violations or commits an egregious violation.

(i) Length of Time. The duration of a termination plan will be no less than thirty days. Terms and conditions of the termination plan will be approved by the Judge. If the participant is unable to comply with the terms and conditions of the termination plan, then a termination hearing will be scheduled.

(ii) Conditions. If a termination plan is ordered, certain immediate conditions will be imposed, including, but not limited to: curfew restrictions, and increase in drug testing.

(iii) Violations. A termination hearing will be scheduled if a participant commits a violation during a termination plan. Any violation committed during a termination plan will lead to a termination hearing at the discretion of the Court within thirty days unless waived by the participant.

(2) Criminal Charges. When a participant is charged with a crime while in Drug Court, a termination hearing will be scheduled and heard within thirty days unless stipulated by the parties or for good cause shown.

(3) Absconding. When a participant absconds from the program, the Court may schedule a termination hearing without a termination plan. NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025

(4) Plea Expiration. When a participant’s plea agreement expires, a termination hearing shall be scheduled within thirty days. The participant shall be immediately remanded to the custody of DOC pending the termination hearing.

(5) Choice of Counsel. When the Court schedules a termination hearing, it shall notify the participant’s counsel in their criminal matter. The participant may choose to be represented by the counsel in their criminal matter or Drug Court appointed counsel.

(6) Sentencing Judge Post-Termination. The Judge shall preside over the sentencing of a former participant who has either self-terminated or has been terminated by the Court from the Program unless the former participant requests to be sentenced by the original judge in the criminal docket.

(d) Re-Entry into Drug Court. If a participant who has been terminated wishes to re-enter Drug Court, such re-entry requires a new suitability assessment. The Judge may, at the Judge’s discretion, refuse re-entry to any participant. At the Judge’s discretion and with advice from the Team, the Judge may establish conditions for re-entry. Any re-entry conditions must be clearly noted in the case file and forwarded to the participant, OAG Criminal Division, and any counsel for the participant. A Drug Court graduate is not eligible for re-entry into Drug Court.