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Who is Eligible to Apply to Drug Court?



South Dakota Drug Court Programs will follow the subsequent criteria when determining eligibility for participants:

1. Provide services only for felony offenders over the age of eighteen;

2. Only accept candidates that are willing to participate in the drug court program on a voluntary basis;

3. Exclude any person seeking to enter drug court based on a present conviction for the distribution of a controlled substance or marijuana;

4. Exclude any person currently required to register as a sex offender;

5. Exclude any candidate that has a violent offense conviction as defined by SDCL ยง 22-1-2(9);

6. Target offenders that have fewer than seven lifetime convictions for driving under the influence unless otherwise determined appropriate by the local drug court team;

7. Target offenders for admission who have been assessed for eligibility using a validated risk-needs assessment tool and a validated clinical assessment tool, who are addicted to illicit drugs or alcohol and are at substantial risk for reoffending or failing to complete a less intensive disposition, such as standard probation or pretrial supervision;

8. Require that offenders pass a legal screening for entry into the drug court program conducted by the prosecutor with jurisdiction over the offense;

9. Not exclude candidates from participation solely because of the existence of a co-occurring disorder or other medical condition;

10. Adopt residency restrictions that allow for intensive supervision in that locality.



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