COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : ELEVENTH JUDICIAL DISTRICT Plaintiff(s) COUNTY OF SAN JUAN -againstSTATE OF NEW MEXICO Calendar No. : JUDICIAL SUBPOENA : : STATE OF NEW MEXICO, : Plaintiff Defendant(s) : . . . . . -VS- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... CAUSE NO: Defendant THE PEOPLE OF THE STATE OF NEW YORK TO DRUG COURT AGREEMENT AND WAIVER: CRIMINAL SENTENCE PROCEEDINGS AND WAIVER GREETINGS: 1.____Sentence to Drug Court: I understand that the conditions of the Drug Court Program are Conditions of Probation and violations being laid aside,requirements of you attend before WE COMMAND YOU, that all business and excuses of Drug Court you and each may result in , the Honorable remand to jail as a violation of my conditions of release, and possible revocation at the Court of my located at County of probation. in room , on the day of , 20 , at o'clock in the noon, and at any recessed 2.____I understand and give that the Court has the discretion to terminate me or adjourned date, to testifyand agreeevidence as a witness in this action on the part of the 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. Your failure understand that if I fail to complete the as a contempt of court and will make 3.____I further to comply with this subpoena is punishabletreatment program, my case will you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a be remanded back to District Court for further proceedings, including but not limited to result of your failure to comply. imposition of sentence or revocation of probation. Witness, , one of CRIMINAL Honorable SUCCESSFUL TERMINATION PROBATIONthe Justices of the CHARGES Court in County, day of , 20 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 (Attorney must sign probation supervision for the remainder of my probationary period. above and type name below) TREATMENT PROGRAM Attorney(s) for 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 Address Office and P.O. the District Attorney for any prosecution of criminal charges against me. I 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. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : 6.____I agree to complete the treatment program to the satisfaction of the Court. JUDICIAL SUBPOENA Plaintiff(s) -against: 7.____I understand and agree that the treatment program is projected to be completed within a ten (10) month period; however, I further understand and agree 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 any part of the treatment program, as ordered Defendant(s) : . . . . . by .the .court, such.as. testing .positive.for. drug . . .alcohol .use, missing treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or . . . . . . 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. THE PEOPLE OF THE STATE OF NEW YORK TO 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. GREETINGS: PAYMENT FOR THE DRUG COURT PROGRAM WE COMMAND and agree that the court excuses being laid aside, you per each of 10.____I understand YOU, that all business andwill order me to pay $20.00 and month you attend before , the Honorable at the Court when unemployed, and $40.00 per month when employed for participation in the Drug located at County of Program. Court in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 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 owing up to the date of termination and any funds previously paid by me are not refundable. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a SANCTIONS result of your failure to comply. Pre-treatment Phase: Witness, Honorable , one of the Justices of the 12.____I will not progress to Phase I until I have submitted five (5) consecutive negative Court urine samples for the purpose of of in County, day detoxification.20 I do not achieve this goal within a two , If week period, I will be brought before the Drug Court Judge at the next regularly scheduled Drug Court for review of my status and participation in the Drug Court Program, with sanctions set accordingly. (Attorney must sign above and type name below) Phase I Sanctions: 13.____ The first positive urine will result in an appearance in front of the Drug Court Attorney(s) for 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 Office and P.O. Address Court Program. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : 15.____After the third positive urine (consecutive or non-consecutive), the Drug Court JUDICIAL SUBPOENA Plaintiff(s) Judge will sentence me to five (5) days in jail but still allow me to remain in the Drug -against: Court Program. : 16.____The next positive urine may result in being sentenced to another five days in jail or in my being removed from the Drug Court Program and returned to assigned judge for : sentencing or, if on Conditional Discharge, Deferred Sentence or Suspended Sentence for probation revocation. Defendant(s) : ...................................................... Phase II Sanctions: 17.____If I submit a positive urine I will serve appropriate time in jail based on prior positive OF THE STATE OF NEW set back THE PEOPLE urine samples and may beYORK 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 TO based on my history of dirty urines. 18.____The second Phase II positive urine may result in my being removed from the Drug Court Program and returned to the assigned Judge for sentencing or, if on GREETINGS: Conditional Discharge, Deferred Sentence, or Suspended Sentence for probation revocation. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable Sanctions: at the Court Phase III located at County of 19.____If I submit a positive urine I will be incarcerated according to past positive urine in room , 20 , at performance on the be day back 5 weeks, in the program oro'clock in the Phase 3. and at any recessed and may set of to Week 1 of noon, In or adjourned date, to testify and give evidence as a witness in this action on the part of the addition the Drug Court Judge may impose other consequences such as jail time based on my history of positive urines. Your The second Phase III dirty urine may result in as being removed from the Drug 20.____ failure to comply with this subpoena is punishablemy a contempt of court and will make you liable to the party on Program and this subpoena was issued for a maximum penaltyor, if onand all damages sustained as a Court whose behalf returned to the assigned Judge for sentencing of $50 Conditional result Discharge, Deferred Sentence, or Suspended Sentence for probation revocation. of your failure to comply. Witness, Honorable , one of the Justices of the Court in County, day of 20 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. (Attorney must sign above and type name below) Participant’s Signature Attorney for Participant Attorney(s) for Date District Court Judge Rev. 12/4/01 Date Date Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com