New Mexico > Local District Court > 11th Judicial District > San Juan County > Adult Drug Court
Drug Court Agreement And Waiver - New Mexico
| Drug Court Agreement And Waiver Form. This is a New Mexico form and can be used in Adult Drug Court San Juan County 11th Judicial District Local District Court . |
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ELEVENTH JUDICIAL DISTRICT COUNTY OF SAN JUAN STATE OF NEW MEXICO STATE OF NEW MEXICO, Plaintiff -VS- CAUSE NO: Defendant DRUG COURT AGREEMENT AND WAIVER: CRIMINAL SENTENCE PROCEEDINGS AND WAIVER 1.____Sentence to Drug Court: I understand that the conditions of the Drug Court Program are Conditions of Probation and violations of Drug Court requirements may result in remand to jail as a violation of myconditions of release, and possible revocation of my probation. 2.____I understand and agree that the Court has the discretion to terminate me from the Drug Court Program if I am arrested and formally charged with a new crime while I am participating in the Drug Court Program. 3.____I further understand that if I fail to complete the treatment program, my case will be remanded back to District Court for further proceedings, including but not limited to imposition of sentence or revocation of probation. CRIMINAL CHARGES SUCCESSFUL TERMINATION PROBATION 4.____I understand that if I successfully complete the Drug Court Treatment Program that the Court may (a) successfully terminate my probation or (b) reinstate me to regular probation supervision for the remainder of my probationary period. TREATMENT PROGRAM 5.____I agree to satisfactorily complete a Drug Treatment Screening Assessment for my drug treatment program as ordered by the Court and I hereby authorize the release of all treatment information by the provider to the Court, including any urinalysis test results, with the understanding that such information shall not be utilized by the District Attorney for any prosecution of criminal charges agnst me. Iai further understand and agree, however, that such information may be considered by the Court in determining whether I should remain in the Drug Court Program. <<<<<<<<<********>>>>>>>>>>>>> 26.____I agree to complete the treatment program to the satisfaction of the Court. 7.____I understand and agree that the treatment program is projected to be completed within a ten (10) month period; however, Ifurther understand and ag ree that the Court may extend the treatment program to allow me to successfully complete my requirements. 8.____I understand and agree that if I fail anyrt of the treatment pa program, as ordered by the court, such as testing positive for drug or alcohol use, missing treatment appointments, or any failure to abide by the terms of this agreement or orders of the Court, I will be subject to sanctions, including program set backs, jail time and ultimately dismissal from the Program. 9.____I agree to keep the treatment provider, the Court, and the Drug Court Probation Officer advised of my current address and telephone number at all times during the treatment program. PAYMENT FOR THE DRUG COURT PROGRAM 10.____I understand and agree that the court will order me to pay $20.00 per month when unemployed, and $40.00 per month when employed for participation in the Drug Court Program. 11.____I understand and agree that if I am terminated from the Drug Court Program that the fee set by the Court is still due and owingup to the date of ter mination and any funds previously paid by me are not refundable. SANCTIONS Pre-treatment Phase: 12.____I will not progress to Phase I until Ive submitted five (5) consecutive neg ha ative urine samples for the purpose of detoxification. If I do not achieve this goal within a two week period, I will be brought before the Drug Court Judge at the next regularly scheduled Drug Court for review of myatus and participati st on in the Drug Court Program, with sanctions set accordingly. Phase I Sanctions: 13.____ The first positive urine will result in an appearance in front of the Drug Court Judge and one (1) day in jail. 14.____The second positive urine (consecutive or non-consecutive), will result in two (2) days in jail and attendance in a relapse group, but still allow me to continue in the Drug Court Program. <<<<<<<<<********>>>>>>>>>>>>> 315.____After the third positive urine (consecutive or non-consecutive), the Drug Court Judge will sentence me to five (5) days in jail but still allow me to remain in the Drug Court Program. 16.____The next positive urine may result in beingsentenced to another five day s in jail or in my being removed from the Drug Court Program and returned to assigned judge for sentencing or, if on Conditional DischargDeferred Sentence or e, Suspended Sentence for probation revocation. Phase II Sanctions: 17.____If I submit a positive urine I will serve appropriate time in jail based on prior positive urine samples and may be set back 5 weeks in the program or to week 1 of Phase II. In addition the Drug Court Judge may impose other consequences such as jail time based on my history of dirty urines. 18.____The second Phase II positive urine mayresult in my being removed from the Drug Court Program and returned to the assigned Judge for sentencing or, if on Conditional Discharge, Deferred Sentence, or Suspended Sentence for probation revocation. Phase III Sanctions: 19.____If I submit a positive urine I will be incarcerated according to past positive urine performance and may be set back 5 weeks in the program or to Week 1 of Phase 3. In addition the Drug Court Judge may impose other consequences such as jail time based on my history of positive urines. 20.____ The second Phase III dirty urine may result in my being removed from the Drug Court Program and returned to the assign Jedudge for sentencing or, if on Conditional Discharge, Deferred Sentence, or Suspended Sentence for probation revocation. I have read the above statement of the rights that I will waive and the conditions by which I will abide and to which I am entitled if I am accepted into the Drug Court Program. I understand what I have read and do hereby knowingly give up these rights and enter into said agreement with the Court. Participants Signature Date Attorney for Participant Date District Court Judge Date Rev. 12/4/01
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