A. The presiding judge of the superior court in each county may establish a drug court program as defined in section 13-3401.
Terms Used In Arizona Laws 13-3422
- Conviction: A judgement of guilt against a criminal defendant.
- Dangerous drug: means the following by whatever official, common, usual, chemical or trade name designated:
(a) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(i) Alpha-ethyltryptamine. See Arizona Laws 5-704
- Dangerous offense: means an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person. See Arizona Laws 3-1703
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Drug court program: means a program that is established pursuant to section 13-3422 by the presiding judge of the superior court in cooperation with the county attorney in a county for the purpose of prosecuting, adjudicating and treating drug dependent persons who meet the criteria and guidelines for entry into the program that are developed and agreed on by the presiding judge and the prosecutor. See Arizona Laws 5-704
- Drug dependent person: means a person who is using a substance that is listed in paragraph 6, 19, 20, 21 or 28 of this section and who is in a state of psychological or physical dependence, or both, arising from the use of that substance. See Arizona Laws 5-704
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Marijuana: means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant. See Arizona Laws 5-704
- Narcotic drug: means narcotic drugs as defined in section 13-3401. See Arizona Laws 3-1703
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 3-1703
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 3-1703
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.