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§22-471.3.
§22-471.3.
A. At the initial hearing for consideration of an offender for a drug
court program, the district attorney shall determine whether or not:
1. The offender has approval to be considered for the drug court
program;
2. The offender has been admitted to the program within the preceding
five (5) years; and
3. Any statutory preclusion, other prohibition, or program limitation
exists and is applicable to considering the offender for the program.
The district attorney may object to the consideration of an offender
for the drug court program at the initial hearing.
B. If the offender voluntarily consents to be considered for the drug
court program, has signed and filed the required form requesting
consideration, and no objection has been made by the district
attorney, the court shall refer the offender for a drug court
investigation as provided in Section 5 of this act, and set a date for
a hearing to determine final eligibility for admittance into the
program.
C. Upon any objection of the district attorney for consideration of an
offender for the program, the court shall deny consideration of the
offender's request for participation in the drug court program. Upon
denial for consideration in the drug court program at the initial
hearing, the criminal case shall proceed in the traditional manner. An
objection by the district attorney and the subsequent denial of
consideration of the offender for the program shall not preclude any
future consideration of the offender for the drug court program with
the approval of the district attorney.
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