§ 16-98-201 - Qualifications -- Waiver.
16-98-201. Qualifications -- Waiver.
Any judicial district, with the agreement of the parties, may establish a program whereby a defendant may be transferred to a pretrial or posttrial treatment program for drug abuse, provided that:
(1) The treatment program is at least one (1) year in length and meets the minimum standards of treatment promulgated by the Bureau of Alcohol and Drug Abuse Prevention of the Department of Health and Human Services;
(2) The charge or charges against the defendant carries a punishment which may be suspended;
(3) The defendant waives his or her rights to a speedy trial and such other rights as are agreed to by the parties and executes a consent for a limited release of confidential information regarding treatment permitting the judge, the prosecutor, and the defense attorney access to information relating to attendance, attitude, participation, and results of drug screens; and
(4) (A) The defendant is eighteen (18) years of age or older.
(B) This provision may be waived with the consent of the prosecuting attorney.