90-96 Drug Education Program

1. Goals and Objectives
   To encourage those defendants with first offense misdemeanor drug violations to avoid further criminal involvement by providing them with an opportunity to maintain a clean record and avoid the stigma of a criminal conviction and drug dependence. To reduce the recidivism rate among drug offenders and to reduce the development of more serious drug problems among referred offenders
2. Eligibility Criteria
1. Defendant must have one of the following pending in district court:
• Misdemeanor possession of drug paraphernalia, with no evidence of distribution or possession of drugs past or present
• Misdemeanor Maintaining a Dwelling for controlled substances, with no evidence of distribution or possession of drugs past or present.
• Misdemeanor possession of a controlled substance included in Schedules II through VI (i.e. simple possession marijuana), an amount of less than 1/2 ounce, with no evidence of distribution or possession of drugs past or present.
2. Defendant must be at least 16 years of age.
3. Defendant must not have been convicted of any previous drug offense

1. Intake Procedure
1. Defendants are referred to the program by attorneys, prosecutors, judges and law enforcement officers
2. The prosecutor determines whether or not the client meets the eligibility criteria
3. Representatives from SouthLight interview, the defendants and law enforcement officials involved in the case to determine eligibility If deemed appropriate, prosecution is deferred for one year pursuant to N.C.G.S. 90-96.
4. Defendant will be screened by a SouthLight representative to assign TASC Specialist and complete required paperwork

1. Requirements
   
   All individuals accepted into the 90-96 program must satisfy the following requirements in order to successfully complete the process

1. Defendant must admit guilt.
2. Defendant must successfully complete drug education classes conducted by SouthLight (a court approved program).
3. Defendant must pay $150 program fee and pay the cost of court to the clerk of court.
4. Violate no penal law of any state or the Federal Government other than a minor traffic offense.
5. The defendant must remain in school or work in some gainful employment.
6. Defendant must maintain monthly contact with SouthLight representative.
7. Abide by any reasonable requests made by the TASC Specialist.
8. Submit to an observed urinalysis for the detection of controlled substances upon request, and pay for any such tests.
9. Other special conditions may be included

1. Supervision
   SouthLight will be responsible for monitoring the defendant's compliance with all terms and conditions of the program requirements.
2. Successful Completion/Termination
   At the end of the one-year period, if all agreed conditions have been met and the Defendant has not broken any laws, the original charge will be dismissed in open court in the presence of the Defendant. If appropriate, an ** expungement of record will be filed. (See information listed separately on Expungements). If at any time during the one-year period the Defendant violates any of the conditions or is convicted of any other criminal activity, a judgment of guilt will be entered and a sentence imposed automatically.

*The SouthLight Program is a court-approved program. Alcohol and other Substance Abuse classes offered by NC State University are not court approved and cannot be used as a substitute for the SouthLight Program. The Code of Conduct office may also require that you take the NC State University substance abuse classes if you also receive a Campus Appearance ticket in addition to any other conditions imposed by the court.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-146.html 3-28-05

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-96.html 3-28-05

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-96.1.html 3-28-05

This is general information about Diversionary Programs for Drug violations and is not intended to be a substitute for legal advice as it relates to your particular situation. Consult with our office to discuss how your particular facts relate to the law.