Drug Court Eligibility Criteria

A.     The prospective participant (PP) has an active drug addiction and would benefit from substance abuse treatment.  The prospective participant's addiction contributed, at least in part, to the commission of the criminal offense(s) that brings him/her before the court.  The prospective participant must live within Kitsap County during their participation in the program.  A prospective participant’s race, gender, age, religious affiliation, sexual orientation, or national origin will never be considered when determining his or her eligibility.

B.     The following offenses, if charged in the current case, will automatically preclude the prospective participant’s eligibility:

  1. Any sex offense;
  2. Any serious violent or violent offense;
  3. Manufacture of Methamphetamine;
  4. Promoting Prostitution;
  5. Any offense including allegations of intentional discharge of a firearm;
  6. Any offense involving death, or resulting in actual great bodily harm to a victim;
  7. Current Domestic Violence offenses including Violations of No Contact Orders. (Consideration may be given to non-violent crimes charged with a DV special allegation, DV crimes involving parents or siblings, or situations where the power and control axis is not indicated, with victim and law enforcement input, and based on a full review of the history with the DV victim.);
  8. Delivery of a Controlled Substance to a Minor;
  9. Currently serving a DOSA/FOSA sentence;
  10. Prior Adult Drug Court/Veteran's Court graduate from this or any county's Drug Court when the date of the current offense is less than three years from the date of graduation.  (Past Drug Court graduates admitted into the program must pay $500 towards the program fee in advance of being accepted.   If successful, the past Drug Court graduate will not earn a dismissal of the charges after completion of the program.   Instead, the State will recommend an exceptional sentence downward of no jail/prison incarceration time.);
  11. Evidence of prospective participant's gang affiliation;
  12. Currently (or very recently) working with law enforcement as a confidential informant;
  13. Violent Traffic Offenses and Felony DUI;
  14. A Restitution obligation to a non-commercial victim that exceeds or will likely exceed $2000.   This limit does not include restitution obligations to insurance companies, businesses, or other corporate entities.   Restitution to individual victims must be paid in full prior to graduation.

NOTE:  The Prosecutor may agree to amend the current Information to Drug Court eligible offense(s) where the entire drug court team (compliance, treatment, attorneys, judge) agrees that the prospective participant' is appropriate for Drug Court.

C.     Disqualifying Criminal History:

  1. Any sex offense;
  2. Any class A or Serious Violent Offense;             
  3. Any Violent Offense within the most recent ten years;
  4. Promoting Prostitute;
  5. Convictions with Gang enhancements within the most recent ten years;
  6. Four or more domestic violence felony convictions or six or more gross misdemeanor or misdemeanor DV convictions within the most recent ten years;
  7. Currently a registered sex offender.

D.     The following will presumptively preclude eligibility:

  1. Current offense is Residential Burglary committed while the victim was present in the home;
  2. More than one prior conviction for Residential Burglary within the last five years;
  3. Three or more prior convictions for DV Offenses, particularly No Contact Order Violations, within the last five years, felony or misdemeanor;
  4. Current case involves allegations of or prior convictions for major economic offenses, i.e., a pattern of criminal entrepreneurial activity (e.g. Four or more convictions/charges for Theft of Motor Vehicle/Possession of Stolen Vehicle; Four or more convictions/charges for Trafficking in Stolen Property arising out of a single case or multiple pending cases; Six or more convictions/charges of Identity Theft with distinct dates and victims);
  5. Major drug crimes, i.e., criminal entrepreneurial activity not driven by addiction (e.g. Delivery or Possession with Intent to Deliver involving seven grams (1/4 ounce) or more of heroin, methamphetamine, or cocaine in a single transaction; Fifty or more prescription pills or twenty or more MDMA pills in a single transaction; use of a firearm during a drug transaction; possession of $1000 or more currency);
  6. Assault 3rd on law enforcement as a current offense.  (Consideration may be given if no weapon was used or attempted to be used, the victim suffered no injury, and after obtaining law enforcement input.).

E.     Other factors that may affect eligibility:

  1. Significant criminal history, including juvenile;
  2. Age of criminal history;
  3. Victim input;
  4. History of compliance while on supervision, e.g., DOC;
  5. Previous opportunities at recovery, including previous DOSA;
  6. Major crime as determined by the prosecutor's office, when taken as a whole (see R.C.W. 2.30.030);
  7. History of failures to appear, bench warrants, bail jumping and escape charges;
  8. Prior Adult Drug Court participation;
  9. The presence of any aggravating circumstances listed in R.C.W. 9.94A.535;
  10. Severe medical issues or mental disorder that would impair the ability to participate fully and comply with Drug Court program rules and requirements.