Proposed Changes to Local Court Rules



Rule 2.01 Creation of Specialized Recovery Court Docket
Recognizing that the drug and alcohol dependent offender poses special challenges to the criminal justice system, the Court has created the Logan County Recovery Court with the intent of protecting the community by reducing the recidivism of drug and alcohol dependent offenders, and by improving and expediting the delivery of services to the addicted criminal defendants through intense supervision and treatment in the Common Pleas Court, General Division.

Rule 2.02 Eligibility for Admission to the Recovery Docket.
The Recovery Docket is a program for individuals who have been granted Intervention in Lieu of Conviction, or have been convicted of a felony offense and have been placed on Community Control including judicial release, and who have been determined to be drug or alcohol dependent and who are amenable to treatment.

Individuals must meet the following criteria to be admitted to the docket:

1. Clinical Eligibility Criteria

A) The Participant must be diagnosed as substance dependent, and have completed drug/alcohol assessments by a certified licensed provider.
B) The Participant must be able to understand and comply with program
C) The Participant must comply with such other criteria as more specifically set forth in the Program Description.

2. Other Eligibility Criteria

A) The Participant must have no physical health issues which might hinder participation in the program (This will be reviewed on a case by case basis).
B) The Participant must score 15 or higher on the Ohio Risk Assessment System (ORAS) as a result of the Presentence Investigation.
C) The Participant must be a resident of Logan County, unless otherwise approved by the Court.
D) The Participant must be receptive to receiving treatment.

E) The Participant must understand that the Judge has the sole discretion in the admissibility to Recovery Docket.

3. Legal Criteria: The participant

A) Has been granted Intervention in Lieu of Conviction, or
B) Is charged with a pending felony offense less serious than a felony of
the second degree which must not be a drug trafficking offense, sex
offense, felony OVI and/or a sentence in which prison is mandatory,
unless specifically allowed by the Treatment Team and Judge; or
C) Is on Community Control; or
D) Is sentenced, upon the request of the Participant, to Recovery Docket
as part of Community Control placement and/or through Judicial

The victim notification provision of Revised Code Chapter 2930 shall be
followed where applicable.

Rule 2.03 Referral to Recovery Docket.
The judge, defense counsel, prosecuting attorney, or probation officer may make a referral to the Recovery Docket. However, the Participant must agree to enter the program.

Rule 2.04 Screening and Assessment Process for Recovery Docket.
Upon motion filed by the defendant , a case may be referred to the Program Coordinator or the Recovery Court Probation Officer who will screen the defendant for eligibility. The defendant must complete and sign releases of information to facilitate inter-agency communication on behalf of the defendant and Recovery Court Team. Upon completion of the eligibility screening and consideration of all applicable criteria and circumstances, the Program Coordinator or the Recovery Court Probation Officer will provide a written recommendation to the Court. Based upon their recommendation and all applicable criteria and circumstances, the Judge shall determine whether the defendant enters the Recovery Court as a condition of community control or intervention in lieu of conviction.

Rule 2.05 Admission to the Recovery Court
Admission to the program is made only as a condition of community control or intervention in lieu of condition. The defendant will be required to sign an acknowledgement of understanding of the requirements of the Recovery
Docket prior to entering the docket.

Rule 2.06 Docket Case Management
The defendant will be referred to local agencies based on his needs for treatment. The services to the defendant will be expedited pursuant to an agreement of understanding with the treatment agencies. The defendant will be provided the participant manual and copies of the signed participant agreement. The treatment team and Judge will continue to monitor the defendant’s behavior through treatment team meetings and holding the defendant accountable to the
participation agreement.

Rule 2.07 Recovery Docket Review Hearings
The court will schedule regular review hearings to monitor compliance with the original orders as set forth in the Program Description, including treatment, in accordance with the client program phases. The Recovery Docket team is responsible for obtaining and presenting information at the docket hearings regarding defendant’s progress. It is the responsibility of the Recovery Court team to monitor compliance through communication with the designated treatment providers, and through direct monitoring and meeting with the defendant. The Recovery Court team is comprised of the Judge, Recovery Docket Probation Officers and treatment agencies, and such other persons as, from time to time, are appointed by the Judge.

Rule 2.08 Unsuccessful Terminations
Common behaviors that can lead to unsuccessful termination include, but are not limited to, the following:
(A) On-going noncompliance with treatment;
(B) Resistance to treatment;
(C) New serious criminal conviction;
(D) A serious Recovery Docket violation or series of violations;
(E) A serious Community Control or Intervention in Lieu violation or a series of Community Control violations or Intervention in Lieu violations.

The negative consequences of a termination include:
(A) Loss of future eligibility for the Recovery Court;
(B) Further legal action including revocation of Intervention In Lieu of Conviction, Notice/Motion to Revoke Community Control;
(C) Depending on the circumstances, the defendant may be subject to prison, jail or other penalties.