Drug diversion programs aim to address addiction issues that lead to drug possession charges. Successful completion can prevent a conviction and rehabilitate addicts, saving government money. Only non-violent offenders with a drug problem are eligible and must complete treatment and remain drug-free. The program takes over a year to complete, and failure results in pending criminal charges. Successful completion may lead to reduced or dismissed charges.
Drug diversion programs are often used as an alternative to incarceration for defendants charged or convicted of drug possession. The philosophy behind these programs is to address the underlying addiction issues that cause many people to end up being charged with drug possession, in hopes they won’t relapse. Programs vary by jurisdiction; however, in many cases, successful completion of a drug diversion program will also prevent a conviction on the defendant’s permanent criminal record.
While possession of illegal drugs is a crime, many jurisdictions have decided to focus on the root causes of the problem by creating drug diversion programs instead of simply punishing offenders. By attempting to rehabilitate addicts, drug diversion programs help solve one of society’s biggest problems. From a practical point of view, drug rehabilitation also saves the government money in the long run.
Most drug diversion programs only allow drug addicts to participate, not drug traffickers. Selection criteria are determined by the individual court, but likely include a review of the offender’s criminal and personal history and examination of the facts of the case. Most programs do not accept offenders who are violent or have a long criminal history. Preference is often given to offenders who have never had the opportunity to participate in a drug rehabilitation program. If the facts of the case show that the perpetrator may indeed be a drug dealer, even if he has not been charged with dealing, a drug diversion scheme is unlikely to be accepted.
A participant will likely be required to complete an inpatient or outpatient drug treatment program and remain drug-free for an extended period of time. The length of time the offender has had a drug problem and the drug of choice will be taken into consideration in determining the intensity of treatment required. Participants are also closely monitored by the court and tested regularly for drug use. Additional requirements, such as obtaining employment or continuing education, may be conditions of the program.
In many cases, a drug diversion program will take a year or more to complete. The court understandably wants to see a long pattern of abstinence and cooperation from the participant before declaring success. While the offender is participating in the program, charges against him may still be considered pending in court. Failure to complete the program will cause the court to review the pending criminal charges. However, if a participant successfully completes the drug diversion program, their criminal charges may be reduced or dismissed altogether.
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