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Drug Court Eligibility Criteria

​A.     The prospective participant (PP) has an active drug addiction and would benefit from substance abuse treatment.  The prospective participant's addiction contributed, at least in part, to the commission of the criminal offense(s) that brings him/her before the court.  The prospective participant must live within Kitsap County during their participation in the program.  The prospective participant must be high risk/high needs on a standardized assessment tool. A prospective participant’s race, gender, age, religious affiliation, sexual orientation, or national origin will never be considered when determining his or her eligibility.

B.     The following offenses, if charged in the current case, will automatically preclude the prospective participant’s eligibility:

  1. Any sex offense;
  2. Any serious violent offense;
  3. Promoting Prostitution;
  4. Any offense involving death, or resulting in actual great bodily harm to a victim;
  5. Delivery of a Controlled Substance to a Minor;
  6. Currently serving a DOSA/FOSA sentence;
  7. Prior Adult Therapeutic Court participant from this or any county's therapeutic court when the date of the current offense is less than three years from the date of graduation or termination. (Past adult therapeutic court graduates admitted into the program will not earn a dismissal of the charges after completion of the program. Instead, the State will recommend an exceptional sentence downward of no jail/prison incarceration time.);
  8. Violent Traffic Offenses, DUI and Felony DUI;
  9. A Restitution obligation to a non-commercial victim that exceeds or will likely exceed $2000. This limit does not include restitution obligations to insurance companies, businesses, or other corporate entities. Restitution to individual victims must be paid in full prior to graduation.
  10. Other offenses listed in RCW 2.30.030.

C.     Other factors that may affect eligibility:

  1. Significant criminal history, including juvenile;
  2. Age of criminal history;
  3. Victim input;
  4. History of compliance while on supervision, e.g., DOC;
  5. Previous opportunities at recovery, including previous DOSA;
  6. Major crime as determined by the prosecutor's office, when taken as a whole;
  7. History of failures to appear, bench warrants, bail jumping and escape charges;
  8. Prior Adult Therapeutic Court participation;
  9. The presence of any aggravating circumstances listed in R.C.W. 9.94A.535;
  10. Entry of omnibus order or litigation of substantive motion;
  11. Age of case and delay in application for Drug Court;
  12. Severe medical issues or mental disorder that would impair the ability to participate fully and comply with Drug Court program rules and requirements.

 Revised 01/02/2026