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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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