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Adult Drug Courts (ADC) in West Virginia may serve offenders who have been charged with, pled guilty to, or been found guilty of misdemeanor or felony drug-related offenses, or offenses in which substance abuse is determined to have been a factor in the commission of the offense. ADCs should seek to serve those at the highest prognostic risk and with the highest criminogenic needs.

Per West Virginia Code §62-15-6, a drug offender shall not be eligible for drug court if: • The underlying offense involves a felony crime of violence, unless there is a specific treatment program available designed to address violent offenders; • The underlying offense involves an offense that requires registration as a sex offender; • A prior felony conviction in this state of another state for a felony crime of violence; or • A prior conviction in this state or another state for a crime that requires registration as a sex offender

Drug court judges and the prosecutors are the final authority who decide who may participate in drug court. Participation in drug court must be pursuant to a written agreement that outlines how a case will be disposed of if the offender is or is not successful in completing the program. Drug court is a program of intensive supervision that requires that its participants be subject to more frequent drug testing as well as more frequent review and inspection by drug court personnel. Additionally, as motivation for program compliance, incentives are also used by drug courts to reward participants throughout their participation if they actively adhere to or exceed the requirements of drug court.

Similarly, a drug court judge also may impose reasonable sanctions on an offender, including incarceration or expulsion from the program, if an offender does not perform satisfactorily or otherwise violates the terms and conditions of drug court. Participants may be subjected to sanctions if they have positive drug screens, fail to cooperate, or otherwise do not comply with drug court requirements. The judge may impose jail time if the judge feels it is therapeutically necessary to make a participant follow the protocol and be successful in drug court.