The STOP (Sanction Treatment Opportunity Progress) Drug Diversion Program
Adequate legal representation is required throughout the process contact our office for legal advice at:
The STOP (Sanction Treatment Opportunity Progress) Drug Diversion Program was
implemented in 1991 to reduce the increasing backlog of drug cases in Multnomah County and to encourage treatment for those charged with first offense drug charges.
The Program includes the following:
· Court oversight and active judicial case management
· Immediate access to a dedicated treatment resource
· Drug testing and a range of intermediate sanctions
In 1995 the program added a series of enhancements to expand the target population and to provide additional access to health, mental health, family intervention, resource coordination, and aftercare services.
The process begins with a District Attorney review of the original police report. If a case fits the eligibility requirements, the DA offers to the defendant the opportunity for Drug Court Diversion at the first appearance before the court. To be eligible for a Drug Court Diversion, the client must have a charge for PCS I or PCS II (possession of a controlled substance, preferably not with large amounts of the drug in possession), and must not have any DCS (distribution) or MCS (manufacture) charges. If there are additional non-drug criminal charges, individuals are eligible as long as conditions of probation do not interfere with the ability to participate in the program.
About 900-1100 cases per year are first time appointments from District Court to petition for the STOP program. Defendants have a choice whether to participate in the diversion. In addition, defendants may withdraw from STOP at up to 14 days, the judge may choose to deny the petition, and an FTA or a bench warrant can result in an eligible client not receiving the program.
About 400-700 defendants per year are actually admitted and receive at least some of the
program.
When defendants petition to enter the STOP track, they agree that if they fail the program, they will be tried based solely on the police report. This “stipulated facts” trial is therefore brief with a swift and sure sanction resulting from program failure. One negative side of this process is that some of the “front end” savings in costs expected by a diversion program are lost since adequate legal representation is required throughout the process and judicial time is also expended.
Nonetheless, it clearly adds a powerful incentive to remain compliant in the program since a violation of any rules will involve, at minimum, an appearance before the judge.
