Sec 13-3422. Drug court program; establishment; participation

A. The presiding judge of the superior court in each county may establish a drug court program as defined in section 13-3401.

B. Cases assigned to the drug court program may consist of defendants who are drug dependent persons and who are charged with a probation eligible offense under this chapter, including preparatory offenses.

C. A defendant may be admitted into the drug court program prior to a guilty plea or a trial only on the agreement of the court and the prosecutor.

D. A defendant is not eligible for entry into the drug court program pursuant to subsections F and H of this section if any of the following applies:

1. The defendant has been convicted of a serious offense as defined in section 13-706.

2. The defendant has been convicted of an offense under chapter 14 of this title.

3. The defendant has been convicted of a dangerous offense.

4. The defendant has completed or previously been terminated from a drug court program other than a juvenile drug court program.

5. The defendant has completed or previously been terminated from a drug diversion program other than a juvenile drug diversion program for an offense in violation of this chapter.

E. For the purposes of subsection D of this section, the age of the conviction does not matter.

F. Notwithstanding any law to the contrary, if a defendant who is assigned to the drug court program is subsequently found guilty of the offense and probation is otherwise available, the court, without entering a judgment of guilt and with the concurrence of the defendant, may defer further proceedings and place the defendant on probation. The terms and conditions of probation shall provide for the treatment of the drug dependent person and shall include any other conditions and requirements that the court deems appropriate, including the imposition of a fine, payment of fees and any other terms and conditions as provided by law which are not in violation of section 13-901.01.

G. If the defendant is placed on probation pursuant to subsection F of this section and the defendant violates a term or condition of probation, the court may terminate the defendant's participation in the drug court program, enter an adjudication of guilt and revoke the defendant's probation.

H. If the defendant is convicted of an offense listed in subsection I of this section and is placed on probation pursuant to subsection F of this section, on fulfillment of the terms and conditions of probation, the court may discharge the defendant and dismiss the proceedings against the defendant or may dispose of the case as provided by law.

I. A defendant is eligible for dismissal of proceedings as provided in subsection H of this section if the defendant is convicted of any of the following offenses:

1. Possession or use of marijuana in violation of section 13-3405, subsection A, paragraph 1.

2. Possession or use of a prescription-only drug in violation of section 13-3406, subsection A, paragraph 1.

3. Possession or use of a dangerous drug in violation of section 13-3407, subsection A, paragraph 1.

4. Possession or use of a narcotic drug in violation of section 13-3408, subsection A, paragraph 1.

5. Possession or use of drug paraphernalia in violation of section 13-3415, subsection A.

6. Any preparatory offense, as prescribed in chapter 10 of this title, to an offense listed in this subsection.

J. If the defendant is placed on probation pursuant to subsection F of this section and the defendant fails to fulfill the terms and conditions of probation, the court shall enter an adjudication of guilt and sentence the defendant as provided by law.

K. If a defendant chooses not to participate in the drug court program, the defendant shall be prosecuted as provided by law.

L. This section does not prohibit the presiding judge of the superior court from establishing a drug court program other than as defined in section 13-3401 with other terms and conditions, including requiring a defendant to participate in a drug court program subsequent to the entry of judgment of guilt and sentencing.