Drug Treatment Court Information
Delaware County Treatment Court
Delaware County’s Drug Treatment Court is an intensive drug treatment program that allows offenders to address substance addiction while under the strict supervision of the Office of Adult Probation and Parole and Treatment Court Judge. Treatment Court is a thirty (30) month intermediate punishment program for non-violent level one through four (1-4) offenders with an alcohol and/or drug addiction that has resulted in arrest or a violation of county probation.
TRACK I: Level 1/ Level 2 Offenders:
Targets non-violent Level 1/ 2 offenders with substance addiction and/or co-occurring disorders who have been arrested on new criminal charges and/or violation of county probation/parole. Participants tender a nolo contendere plea that is held in abeyance. Participants are then offered treatment, housing, vocational training, and relapse prevention instead of jail. Successful completion of the Program shall result in the dismissal of charges and expungement. Failure to complete the program for any reason shall result in the acceptance of the tendered plea and sentencing.
TRACK II: Level 3/ Level 4 Offenders:
Targets non-violent Level 3/ 4 offenders with substance addiction and/or co-occurring disorders who have been arrested on new criminal charges and/or violation of county probation/parole. Participants enter a guilty plea and are sentenced to a term of thirty (30) months of intermediate punishment and are offered the opportunity to undergo treatment through the benefit of an individualized treatment plan, housing, vocational training, and relapse prevention and avoid incarceration.
ELIGIBILITY: Eligibility is considered on a case by case basis. However, below is a list that will exclude a defendant from being eligible for the program. (Note: List is not exhaustive and should be used only as a guide.)
Must be a Delaware County Resident
Must have pending new criminal charges and/or Delco violation of probation/parole
Needs treatment for addiction and is motivated for recovery
Willingness to undergo strict court supervision
INELIGIBILITY: (Note: List is not exhaustive and should be used only as a guide.)
Defendant has a prior conviction or pending charge for ANY of the following:
Crime of Violence (including Burglary of Habitation)
Any case involving a firearm and/or weapon (misdemeanor or felony)
Sexually based offenses
Crimes against children
Manufacture/Delivery of a Controlled Substance with a weight mandatory minimum
▪ Prior conviction for Manufacture/Delivery of a Controlled Substance.
▪ Defendant is seriously and persistently mentally ill which renders him/her unable to participate in the structure of the Treatment Court Program.
▪ Defendant is unwilling/unable to terminate use of lawfully prescribed controlled substances or over-the-counter medications that affect the integrity and accuracy of drug screening and program participation.
▪ Defendant has been previously admitted in the Treatment Court Program.
Delaware County recognizes that addiction to alcohol, controlled substances and prescription medication is a growing concern within the community. Many addicts commit property and personal injury crimes to sustain their addictions. Sometimes, these defendants need additional support and guidance not available through the normal channels in the criminal justice system. To better address the needs of eligible chemically dependent defendants and to reduce recidivism among this population, Delaware County created the Treatment Court in 2007.
Since its inception, hundreds of defendants have participated in the Delaware County Treatment Court to attempt to defeat their chemical dependence. Currently, there are three tracks of Treatment Court with unique eligibility requirements.
Treatment Court is a demanding program that has five phases totaling a minimum of 30 months. The length of time in the Program will depend on how well a participant progresses. To move to each new phase, the participant must be in compliance with all Treatment Court requirements.
The Treatment Court Judge can impose a wide variety of sanctions to gain compliance with the Program including community service, house arrest and short-term incarceration of up to 10 days. If a participant fails to successfully complete the Program for any reason, the Judge will sentence the defendant in accordance with applicable law.
If you feel that you qualify for this program, you must act quickly
For offenders with new charges, the application process requires you to agree to waive the preliminary hearing and your right to a speedy trial. If your application is accepted, then you will undergo evaluation for treatment and appear before the Treatment Court Judge in approximately 30 days for formal admission into the Program. If your application is rejected, then you will be scheduled for Common Pleas arraignment.
Treatment Court Applications are available in the Office of the District Attorney; the Office of the Public Defender; Adult Probation and Parole; the District Courts; and the Mental Health Liaisons at the prison.