Acknowledgment Of Terms And Conditions Of Drug Court Participation {TUO-CR-100}

ACKNOWLEDGMENT OF TERMS AND CONDITIONS OF DRUG COURT PARTICIPATION AND WAIVER OF DUE PROCESS RIGHTS Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 1 of 9 TUO-CR-100 (Revised ) TUO-CR-100 I have read and understand the attached description of the three levels of the Drug Court Programand the possible sanctions that may be imposed by the Drug Court Judge/Commissioner for violation of any of the requirements for each level of participation. I understand and agree that the Commissioner of the Tuolumne County Superior Court may presideas Judge Pro Tem at any hearing related to my participation in the Drug Court Program, including, but not limited to, any evidentiary hearing to terminate my participation in the Drug Court Program as well as sentencing in the underlying charge or charges which were the basis for my entry into the Drug Court Program. I agree that the Drug Court Judge/Commissioner may impose any of the sanctions that the Courtfeels is appropriate at any level during my participation in the Drug Court Program. I understand and agree that I waive all of the following rights as part of my participation in the DrugCourt Program: oThe right to advance notice, either written or verbal, of any violation of a term or condition ofmy participation in the Drug Court Program. oThe right to have an evidentiary hearing to establish a violation of a term or condition of myparticipation in the Drug Court Program. oThe right to be represented by an attorney at any stage of the Drug Court Program. oThe right to remain silent. oThe right to assert any privilege as set forth in the California Evidence Code or any Californiacase law with respect to any communication I may have with a mental health professional or amedical doctor as a condition of my participation in the Drug Court Program. SUPERIOR COURT OF CALIFORNIA COUNTY OF TUOLUMNE 60 N. Washington Street Sonora, CA 95370 (209)533-5563 The People of the State of California, Plaintiff, vs. Defendant. Case Number: ACKNOWLEDGMENT OF TERMS AND CONDITIONS OF DRUG COURT PARTICIPATION AND WAIVER OF DUE PROCESS RIGHTS Space below for use of Court Clerk only American LegalNet, Inc. www.FormsWorkFlow.com ACKNOWLEDGMENT OF TERMS AND CONDITIONS OF DRUG COURT PARTICIPATION AND WAIVER OF DUE PROCESS RIGHTS Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 2 of 9 TUO-CR-100 (Revised ) oThe right to be sentenced by the judge that accepted my plea of guilty to the charge or chargeswhich resulted in my participation in the Drug Court Program [People v. Arbuckle (1978) 22Cal.3d 749]. CIRCUMSTANCES OF WAIVER OF DUE PROCESS RIGHTS I have talked about all of the aspects of my participation in the Drug Court Program with my attorney.I have had enough time to talk to my attorney about the consequences of a waiver of my due process rights as a condition of my participation in the Drug Court Program. I freely and voluntarily enter into this waiver of my due process rights as outlined above with fullknowledge of the consequences of this waiver. I have not recently ingested drugs or alcohol so as to affect my ability to exercise judgment inentering into this waiver of due process as a condition of my participation in the Drug Court Program. Dated: Signed: Signature of Defendant ATTORNEY222S STATEMENT I am the attorney of record for the Defendant. I have reviewed and discussed this form and any addenda with my client. I have explained each of the Defendant222s rights to the Defendant and answered all of the Defendant222s questions with regard to this waiver. I have discussed the facts of the Defendant222s case with the Defendant and explained the consequences of this waiver of due process rights as a condition of the Defendant222s participation in the Drug Court Program. I concur in the Defendant222s participation in the Drug Court Program and the Defendant222s decision to waive his/her due process rights as a condition of the Defendant222s participation in the Drug Court Program. Dated: Signed: Signature of Attorney for Defendant INTERPRETER222S STATEMENT I, , having been duly sworn, truly translated this form to the Defendant in the language. The Defendant indicated that he/she understood the contents of the form and he/she initialed and signed the form. Dated: Signed: Signature of Court Interpreter Signed: Printed Name of Court Interpreter American LegalNet, Inc. www.FormsWorkFlow.com ACKNOWLEDGMENT OF TERMS AND CONDITIONS OF DRUG COURT PARTICIPATION AND WAIVER OF DUE PROCESS RIGHTS Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 3 of 9 TUO-CR-100 (Revised ) COURT222S FINDINGS AND ORDER The Defendant has acknowledged to the Court that he/she has read and understood the contents of this form pursuant to which he/she waives his/her due process rights. The Defendant has not recently ingested drugs or alcohol so as to affect his/her ability to exercise judgment in entering into this waiver of due process rights as a condition of his/her participation in the Drug Court Program. The Court has reviewed this form and questioned the Defendant concerning the Defendant222s waiver of due process rights in connection with his/her participation in the Drug Court Program and finds that: The Defendant understands his/her due process rights and that he/she is waiving these rights as a condition of his/her participation in the Drug Court Program. The Defendant has expressly, knowingly and intelligently waived his/her due process rights as a condition of participation in the Drug Court Program. The Defendant222s waiver of his/her due process rights is freely and voluntarily made with a full understanding of the nature of the due process rights he/she has waived and the consequences of such waiver. The Court accepts the Defendant222s waiver of his/her due process rights and orders the Defendant admitted to the Tuolumne County Drug Court Program upon entry of his/her plea of guilty to the violations set forth in the Advisement and Waiver of Rights form, incorporated herein by this reference as though fully set forth. Dated: Signed: Judge/Commissioner of the Superior Court American LegalNet, Inc. www.FormsWorkFlow.com ACKNOWLEDGMENT OF TERMS AND CONDITIONS OF DRUG COURT PARTICIPATION AND WAIVER OF DUE PROCESS RIGHTS Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 4 of 9 TUO-CR-100 (Revised 1, 20) PHASES OF THE DRUG COURT PROGRAM There are three phases of the Drug Court Program that all participants will follow. Each participant must complete all three phases of the Drug Court requirements within the specific time periods. No participant may repeat status in an earlier phase more than twice during the entire treatment program. At any phase, or at the commencement of the program, you may be sent to residential treatment if, in the judgment of the treatment team, more intensive treatment is necessary. PHASE ONE: STABILIZATION Phase One: Stabilization lasts four (4) months. It is the most intensive phase and includes: Weekly court appearances; Active participation in an outpatient treatment program, unless placed in residential treatment; Attendance of at least three (3) AA/NA or equivalent meetings per week, with proof of meetingsshown to clinician each Friday; Attendance of a minimum of three (3) individual or group counseling sessions per week; 12-Step Program sponsor; and Weekly random drug testing. Failure or refusal to provide a sample for urinalysis constitutes apositive test. Phase One Promotion Requirements: You must have a sponsor and maintain regular contact with your sponsor; You must complete Step 1 in the AA/NA 12-Step program; You must attend and actively participate in the required treatment program; You must complete an essay and panel interview with the treatment team; You must have one (1) month of consecutive negative drug tests; and You must have no unexcused absences from required Program activities within the prior month.(Program personnel may authorize absences only for emergencies). PHASE TWO: COUNSELING Phase Two: Counseling lasts four (4) months. This phase includes: Bi-