San Diego Superior Court Adult Drug Court Program PARTICIPANT CONTRACT Name:________________________________________________________________________ Case No.: ___________________________________ 1) I understand that the validity of this contract is conditioned upon my eligibility for the Drug Court Program. If at any time after the execution of this agreement and in any phase of the Drug Court Program, it is discovered that I am, in fact, ineligible to participate in the program, I may be immediately terminated from the program and criminal proceedings will be reinstated or sentence will be modified. I will not be allowed to withdraw my previously entered plea of guilty unless my ineligibility is based on facts or information which should have been known to the prosecutor prior to Drug Court admission, or upon Constitutional grounds. ______ 2) I understand that participation in Drug Court involves a minimum time commitment of eighteen months, which includes a Continuing Care component consisting of six months. ______ 3) I understand that during the entire course of the Drug Court program, I will be required to attend court sessions, treatment sessions, submit to random drug testing, remain clean and sober, and law-abiding. I agree to abide by the rules and regulations imposed by the Drug Court Team or Judge. I understand that if I do not abide by these rules and regulations, I may be sanctioned or terminated from the program. ______ 4) I understand that sanctions may include time in custody, increased treatment episodes, increased testing, community service and such other sanctions as may be deemed appropriate by the Drug Court Team. ______ 5) I understand that I will be tested for the presence of drugs and alcohol in my system on a random basis according to procedures established by the Drug Court Team and/or treatment provider or case manager. I understand that I will be given a location and time to report for my drug test. I understand that it is my responsibility to report to the assigned location at the time given for the test. I understand that if I am late for a test, or miss a test, it will be considered positive and I may be sanctioned. ______ 6) I understand that substituting, altering or trying in any way to change my body fluids for purposes of testing will be grounds for immediate termination from Drug Court. ______ 7) I will not possess drugs (including marijuana) or alcohol, or drug or alcohol paraphernalia. I will not associate with people who use or possess drugs, nor will I be present while drugs or alcohol are being used by others. ______ 8) I agree to be drug/alcohol tested at any time by a police officer, probation officer, treatment provider, or at the request of the court by any agency designated by the court. ______ Standard Participant Contract 10/10/00 Page 1 of 3 Modified 07/17/01 (as to format only) SDSC CRM-224(Rev. 11-02 American LegalNet, Inc. www.USCourtForms.com 9) I understand that I may not possess any weapons while I am participating in the Drug Court program. I will dispose of any and all weapons in my possession, and disclose the presence of any weapons possessed by anyone else in my household. Failure to dispose and/or disclose may result in termination from Drug Court and possible prosecution for illegal possession of any weapon. ______ 10) I agree to inform any law enforcement officer who contacts me that I am a Drug Court participant. _____ 11) I understand that I may not work as a confidential informant with any law enforcement agency while I am a Drug Court participant, nor may I be made or encouraged to work as a confidential informant as a condition of my full participation in the Drug Court program. ______ 12) I may not participate in Drug Court if I am currently an affiliated gang member. ______ 13) I will inform all treating physicians that I am a recovering addict, and may not take narcotic or addictive medications or drugs. If a treating physician wishes to treat me with narcotic or addictive medications or drugs, I must disclose this to my treatment provider and get specific permission from the Drug Court Team to take such medication. ______ 14) I agree that I will not leave any treatment program without prior approval of my treatment provider or case manager and the Drug Court Team. ______ 15) For the purposes of regular Drug Court review hearings, the Deputy Public Defender assigned to the Drug Court may represent me instead of my attorney of record. However, I may have my attorney of record appear for me at my request. ______ 16) I waive my right to have a court reporter present during regular Drug Court review hearings. ______ 17) I understand that my individual course of treatment may include residential treatment, education, and/or self-improvement courses such as anger management, parenting or relationship counseling. ______ 18) I understand that during the early phases of treatment and recovery, I may be precluded from working or from gaining employment. I further understand that within the time directed by the Drug Court Team, I will seek employment, job training and/or further education as approved by the Drug Court Team, and that failure to do so may result in sanctions or termination. ______ 19) I agree to keep the Drug Court Team, treatment provider or case manager and law enforcement liaison, if any, advised of my current address and phone number at all times and whenever changed. My place of residence is subject to Drug Court approval, and I will not leave San Diego County without prior approval from the Drug Court Team. ______ Standard Participant Contract 10/10/00 Page 2 of 3 Modified 07/17/01 (as to format only) SDSC CRM-224(Rev. 11-02 American LegalNet, Inc. www.USCourtForms.com 20) As a condition of participation in this program, I agree to the search of my person, property, place of residence, vehicle or personal effects at any time with or without a warrant, and with or without reasonable cause, when required by a probation officer or other law enforcement officer. ______ 21) I agree to execute the Consent for Disclosure of Confidential Substance Abuse Information. I understand that any information obtained from this release will be kept apart from the Court file. ______ 22) I understand that my failure to successfully complete and graduate from the Drug Court program will result in re-instatement of criminal proceedings against me. I understand that my failure to complete Drug Court cannot be a basis for withdrawing my previously entered guilty plea. ______ For those participants given a deferred entry of judgment: 23) Upon my successful completion of the Drug Court program, the City Attorney or District Attorney’s office will make a motion to dismiss the Drug Court case, or the pertinent charges as previously agreed unless there is objection from the court. ______ For those participants convicted of a felony charge and placed on formal probation: 24) Because I am on probation, upon my successful completion of the Drug Court program, I may be continued on formal probation (terms and conditions attached to this contract) until expiration of the term unless otherwise ordered by the court. ______ For those participants convicted of a felony charge and placed on formal probation with an indicated prison or jail sentence: 25) I understand that if I do not successfully complete the Drug Court program, I may be sentenced to prison or jail for the term indicated on the court record. _____ I have read the above contract and I understand what I have read. I am willing to enter into this agreement with the San Diego Superior Court Adult Drug Court Program. ____________________________________________ Participant’s Signature __________________ Date ___________________________________________ Attorney for Participant ___________________ Date ___________________________________________ Deputy Prosecuting Attorney ` ___________________ Date ___________________________________________ Drug Court Judge ___________________ Date Original to Court File; Copy to Case Manager Standard Participant Contract 10/10/00 Page 3 of 3 Modified 07/17/01 (as to format only) SDSC CRM-224(Rev. 11-02 American LegalNet, Inc. www.USCourtForms.com