Drug Treatment Court

Monroe County Prosecutor’s Role in Drug Treatment Court

Drug Treatment Court promotes public safety by encouraging chemically dependent adults to live substance-free and improve their quality of life.

First Deputy Chris Pierce of the Monroe County Prosecutor’s Office serves as a voting member of the Drug Treatment Court Team. As a member of the team, the role of the Prosecutor’s Office is to promote community safety by maintaining eligibility standards for Drug Treatment Court. In addition, the Prosecutor’s Office advocates for effective incentives and sanctions for Drug Treatment Court participants to ensure program compliance. Should a participant be terminated from the program for noncompliance, the Prosecutor’s Office represents the State of Indiana at that participant’s sentencing hearing.

Successful completion of Drug Treatment Court results in dismissal of the participant’s charges by the Prosecutor’s Office. As a member of the Drug Court Team, the Prosecutor’s Office encourages recovery and productive citizenship for individuals charged with nonviolent, drug-related cases, rather than incarceration and recidivism.

A defendant is evaluated for participation in the Drug Treatment Court if they are:

  • A Monroe County resident
  • Charged with a felony offense
  • That is “substance abuse related”
  • That does not involve dealing
  • And is non-violent

To be considered a “substance abuse related” felony offense, the Drug Court Team must determine that substance abuse is at the root of the criminal conduct. In Monroe County, most substance abuse related felonies involve alcohol, cocaine, heroin, amphetamines, marijuana, and Schedule 4 controlled substances such as painkillers or anti-anxiety drugs.

The deputy prosecuting attorney assigned to Drug Treatment Court determines if someone will be made eligible for consideration. Once an individual is eligible for consideration, that person is referred to the Drug Treatment Court Team for further consideration. If interested in joining Drug Treatment Court, the individual will begin appearing at the Drug Court sessions, held each Wednesday morning and presided over by the Honorable Judge Mary Ellen Diekhoff, to observe the program. Meanwhile, the Drug Treatment Court Team will evaluate the person’s suitability for the program and vote on whether to accept the individual into the program. Once accepted, if an individual wishes to participate in Drug Treatment Court, a deputy prosecutor will appear at a Change of Plea Hearing scheduled by the Court. At this hearing, a guilty plea is entered, sentencing is deferred for two years, and the individual is ordered to comply with the terms of Drug Treatment Court.

At a minimum, an individual will participate in Drug Treatment Court for two years. One year of continued sobriety is required before graduating from the program. If an individual successfully completes the program, the prosecutor will formally dismiss the case. If an individual fails to comply with the terms of Drug Treatment Court, his or her participation in the program can be extended or terminated.

If terminated from the Drug Treatment Court program, the Monroe County Prosecutor’s Office will proceed with sentencing which usually includes a prison term.

A representative of the Monroe County Prosecutor’s Office is one of the voting members on the Drug Treatment Court team. Other members include a team coordinator, a public defender, the Drug Treatment Court judge, a drug treatment professional and a police officer.