Office of the Prosecuting Attorney

Franklin County, Missouri 

 		  

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Drug Court

  

 

PURPOSE

 

The Franklin County Drug Court is designed to reduce drug-related crime by providing a comprehensive program of substance abuse treatment services, probation supervision, and judicial monitoring for non-violent offenders with substance abuse problems. The ultimate goal is for the offender to become a sober, productive member of society.

 

 

The program has three "phases" and regardless of their successes, participants must spend a minimum, pre-determined amount of weeks in each phase. Participants must remain drug and alcohol free for a minimum of 32 weeks in addition to several other requirements. If a participant violates any requirement of the program the drug court team will vote on the appropriate punishment or "sanction".

 

 

FRANKLIN COUNTY DRUG COURT TEAM  

       

Presiding Drug Court Judge

Honorable Stanley D. Williams

Drug Court Judge                                     

Honorable Robert D. Schollmeyer

Prosecutors                                               

Robert E. Parks, II

Probation & Parole Officers                 

Carey Curran

Sherry Huxol

Treatment Providers         

MRC (Meramec Recovery Center)

Coordinator                                                      

Beth Billington

 

                                                          

How a Case Make its Way to Drug Court

In an effort to engage qualified participants as early as possible, Drug Court’s primary referral source is the Franklin County Prosecuting Attorney’s Office.  These cases are called “post-plea diversion” cases.  In a post-plea diversion case, the offender/potential participant, upon conditional acceptance into the program, must plead guilty to the charge(s) in his or her criminal case.  Then, rather than being sentenced, the offender’s file is sent or “diverted” to the Drug Court judge while the defendant is participating in the Drug Court program.  Upon successful completion of the program, the participant will be allowed to withdraw his or her guilty plea, and the Prosecuting Attorney’s Office will then drop the charge(s) against the participant.  This is a huge benefit and incentive for participants to successfully complete the program.  However, if the participant drops out of the program or is otherwise terminated by a vote of the Drug Court team for repeated violations, such as recurring and continued drug use, or a new violation of the law, the participant’s case is sent back to the judge who accepted the participant’s guilty plea.  Then, the terminated participant will be sentenced by that judge in accordance with the law for his or her offense(s).

 

Additional cases are referred as probationers typically by their probation officers or probation judge.  Usually, there are defendants who have previously pleaded guilty, were granted probation and subsequently tested positive for controlled substance and/or committed other violations of their probation.  Often, for these participants, successful completion of the Drug Court program is their last chance to avoid revocation of their probation and possible prison time.

 

Criteria for Drug Court Eligibility

In post-plea diversion cases, defendant’s must meet the following requirements:

  1. First and foremost, the defendant, upon screening, must be assessed as chemically dependant and in need of intensive outpatient treatment.

  2. The defendant must live in Franklin or Gasconade County and have viable transportation.

  3. The criminal charge must be pending in Franklin County. 

  4. The pending criminal charge must be a felony charge under Chapter 195 (“Drug Regulations”) of the Revised Statutes of Missouri or a non-violent felony charge in which drug abuse was a significant factor in the commission of the offense. 

  5. The defendant’s present and past offenses must not involve significant trafficking, sales, distribution or manufacturing of drugs. 

  6. The defendant’s present and past offenses must not include any offenses involving weapons, violence, felony assaults, or sex offenses. 

  7. The defendant must have no mental or physical health condition that would prohibit completion of essential program curricula or impede his or her full participation in the program. 

  8. The defendant must agree to abide by the requirements of the program. 

  Probationers must also meet the following requirements, in addition to the above requirements:

  1. The probationer must have at least 24 months of supervision remaining to ensure adequate time for successful completion of the program. 

  2. The probationer must not have any revocation proceeding pending in any other county.

  3. The probationer must not have excessive court costs or restitution still owing.