DUI Court

DUI COURT

Octavio Diaz
DUI Court Coordinator
260 4th Ave. N., Ste #B
P.O. Box 126
Twin Falls, ID  83303-0126
octavio.diaz@tfco.org
Phone: 208-735-4393
Fax: (208) 735-4360		 Sarah Cox
Blaine County DUI Court Coordinator
Douglas Kramer Judicial Building
201 S. 2nd Ave., Ste #106
Hailey, ID  83338
scox@co.blaine.id.us
Phone: (208) 788-5521 x 1045

 

Idaho Drug Court Act:

In 2001, during the first regular session of the fifty-sixth Idaho Legislature, the “Idaho Drug Court Act” was enacted (Chapter 56, Title 19, Idaho Code) to establish drug courts in the district courts of the State of Idaho with the goal of reducing the overcrowding of jails and prisons; reducing alcohol and drug abuse and dependency among criminal and juvenile offenders; holding offenders accountable; reducing recidivism; and promoting effective interaction and use of resources among the courts, justice system personnel, and community agencies. Under this Act, a drug court coordinating committee established by the Supreme Court is charged with the responsibility to devise a drug court implementation plan and oversee ongoing Drug Court programs. The Legislature also gave the Supreme Court the responsibility to administer, allocate, and apportion all appropriations from the legislature for Drug Courts.

DUI Court Schedule:

DUI Schedule Blaine:
Staffing: Wed. at 7:00 am
Court: Wed. at 8:00 am		 DUI Schedule Burley:
Staffing: Tues. at 7:00 am
Court: Tues. at 8:00 am
DUI Schedule Jerome:
Staffing: Thurs. at 7:00 am
Court: Thurs. at 7:30 am		 DUI Schedule Twin Falls:
Staffing: Wed. at 7:00 am
Court: Wed. at 7:30 am

Drug Testing:

DUI Court requires random testing on all clients during the entire program.  Testing will be on a random basis any day of the week including weekends and holidays. Testing is provided in Burley, Jerome and Twin Falls.  Clients must call the UA line every morning to find out if their phase or color is being tested.  When they call, a recorded message will provide the testing information for that day.  Listen to the complete message.  The testing schedule below can be increased at any given time as decided by the DUI Court Team.  Disputed drug tests will be sent to a certified toxicology lab for confirmation at the participant’s expense.
Blaine:
KH Counseling & Health Center
409 N. Main Street
Hailey, ID  83333
Ph# 788-5528		 Burley:
Magistrate Probation Office
1359 Hansen Avenue
Burley, ID  83318
Testing Phone Line #208-878-7360
Jerome:
Kimi Recovery Center
414 N. Lincoln Street
Jerome, ID  83338
Testing Phone Line #208-595-3257		 Twin Falls:
Twin Falls County Treatment and Recovery Clinic (TARC)
630 Addison Avenue West
Twin Falls, ID  83301
Testing Phone Line #208-486-9895
Phase 1– Random testing an average of twice per week or as specified.
Phase 2– Random testing an average of twice per week or as specified.
Phase 3– Random testing an average of twice per week or as specified.
Phase 4– Random testing an average of twice per week or as specified.

What is DUI Court?:
DUI Court was designed to stop substance abuse and the resulting related criminal activity. The Court offers a choice for individuals whose criminal justice involvement stems from their substance use by providing the opportunity to receive treatment.  The DUI Court Team consists of the DUI Drug Court Judge, the DUI Court Coordinator, Substance Abuse Treatment Provider, Prosecuting Attorney, Defense Counsel, Probation Officer, and Law Enforcement Officer.  The team meets weekly to staff the progress of each client and to discuss their individualized goals.  Participants are held accountable for their behaviors and actions and are required to develop and maintain a productive, drug and alcohol free lifestyle.

Idaho’s Driving Under the Influence (DUI) Courts and Misdemeanor/DUI Courts use a comprehensive approach to address the underlying causes of driving under the influence. The first objective of DUI Court is to reduce the overall rate of impaired driving accidents and violations by providing intensive supervision and accountability to participants. The approach involves a collaboration of various criminal justice actors, including judges, probation officers, and community-based service providers. DUI Courts focus primarily on altering the behavior of alcohol and/or drug-dependent offenders arrested for DUI or driving while impaired (DWI). Misdemeanor/DUI Courts are similar to DUI courts, but allow offenders with misdemeanor charges other than DUI or DWI to participate. In Idaho, there are eight Misdemeanor/DUI Courts and four DUI Courts serving participants in at least 15 counties.

When did each DUI Court program start?

  • Blaine:  March 2021
  • Jerome: January 2018
  • Mini-Cassia: January 2018
  • Twin Falls: October 2006
Are DUI Courts Another “Soft-on-Crime” Prevention Program?
DUI Courts rely upon frequent judicial oversight, intensive supervision, intensive substance abuse treatment as well as a variety of incentives and sanctions to respond to participant progress.  DUI Court provides comprehensive hands-on supervision and monitoring and requires the participant to have far more contact with the judicial system than any other case management approach.  In addition, the programs offers educational development, vocational development, helps teach the participant life skills, parenting/family skills, anger management, trauma counseling, couples counseling and encourages participation in community support meetings. The DUI Court Team expects to see positive changes in the client’s life as a result of this program.  It is our belief that if the client trusts the process and puts forth an honest effort, they will remain sober, have improved health, a more stable lifestyle, obtain or improve employment, further their education, develop healthy relationships and become a product member of society.

Who is involved in the DUI Court Team?
The DUI Court Team consists of the following representatives:
    • Judge and support staff;
    • District Attorney;
    • Public Defender;
    • State and local law enforcement agencies;
    • Treatment Providers
    • Felony Probation & Parole Officer
    • Adult Misdemeanor Probation Officer

Who is eligible for entry into DUI Court? 
To be eligible person for DUI Court, a person must:

  • Be 18 years of age or older.
  • Be charged with a qualifying DUI offense.
  • Not have a prior felony criminal history involving sexual assault.
  • Have a qualifying substance use disorder and meeting the recommendation for treatment.
  • Have reliable transportation.
  • Pled guilty to charges as agreed upon by the Prosecuting Attorney and the Defense Attorney.
  • Not be suffering from any condition that could prevent or restrict the person’s active participation in the DUI Court program.
  • Crimes of violence and/or crimes in which a weapon was used are subject to prosecutor consent as specified in Idaho Code 19-5604 as amended in 2011.

The DUI Court Program carefully screens each case to determine eligibility for services.
If an offender is not accepted into the DUI Court Program their case will return back to their original judge for further proceedings.

How long does Drug Court last and what are the services provided? 
The DUI Court program length is determined by the participant’s progress, but is a minimum of 12 months and consists of:

  • Regular judicial contact
  • Substance Abuse Treatment
  • Intensive case management; community supervision; counseling and support
  • Referrals for a range of support services including housing, education, vocation training, employment and specialized counseling
  • Randomized, viewed drug testing
  • Rewards and sanctions are used to compel compliance with the program.

What kind of behavior would result in sanctions?

  • Dishonesty;
  • Ingesting illegal drugs; consumption of alcohol;
  • Committing new criminal offenses;
  • Failure to comply with any DUI court requirements;
  • Violence and/or threats of any kind;
  • Sexual behavior and/or harassment;
  • Absconding/avoiding supervision;
  • Threats/risks to public safety.

What happens if the individual disobeys the conditions of the DUI Court program? 
The DUI Court can apply sanctions including but not limited to: increased court appearances, curfew modification, written essays, community service, work details, jail and termination.

What happens if the individual is discharged from the program? 
The individual will go before their original judge where the suspension of the original sentence maybe imposed.

What if the individual successfully completes the program?
Upon successful completion of treatment, the defendant will graduate from the program and return back to supervision under the Probation Department to complete their probation. DUI Court graduates may petition the DUI Court Judge and request that their felony case be dismissed and/or amended per Idaho Code 19-2604.  A misdemeanor will usually come into DUI Court with a Withheld Judgment at time of their sentencing.

NADCP: National Association of Drug Court Professionals

How to apply:

Step 1: The defendant must enter a guilty plea. Defendants that enter an Alford Plea or that are found guilty at jury trial- are NOT eligible for DUI court.

Step 2: The Application to Participate in a Treatment Court, and the Subsequent Penalties forms must be completed and eFiled with the Court. clerk (see the link below for the Potential Client Package).

Step 3: The LSI-R Questionnaire, DUI Court Contract and Treatment Choice forms must completed, signed and filed with the Coordinator’s Office (see the link below for the Potential Client Package).

Step 4: If the applicant meets the eligibility criteria, a Referral to DUI Court Eligibility is filed with the sentencing court. If the applicant does NOT meet the eligibility criteria, a Denial Letter is filed with the Court.

Step 5: At Sentencing/Disposition, the sentencing court may order the defendant to participate and successfully complete DUI court as a term and condition of their probation.

DUI Court documents:

Treatment:

The 5th District DUI Court currently partners with several Substance Abuse Treatment Providers. Offices are located throughout the Hailey, Jerome, Mini-Cassia and Twin Falls areas.

Upon sentencing to DUI Court Program, participants will be assigned to a provider for an evaluation. Based on the assessment recommendations a treatment provider will be assigned that meets the needs of that client.

For questions regarding this information please contact Steven Conger at (208) 735-4393.  For treatment information in the Blaine County area, please call Sarah Cox (208) 788-5521 x 1045.

Community Partnerships:

The 5th Judicial DUI Court together with community businesses, organizations and citizens offer various services to build positive partnerships within the community.

    • Employment
      • DUI Court clients are very skilled and have many talents and abilities to bring to the workforce. Clients are closely monitored for drug usage, inappropriate behavior, attendance, honesty and open communication. DUI Court partners with these companies to resolve problems that may arise with DUI Court participants. When coupled with good businesses that communicate with the court system; these employees become dedicated and valuable members of the community’s work force.
    • Community Service
      • Non-profit organizations
        • Community Service can be issued as a sanction to DUI Court participants. Participants must pay a fee that covers Workman’s Comp. Insurance for protection of both the participant and the entity receiving the service. By doing community service this helps the individual repay their debt to society.

Donations:

Incentives are directly linked to the willingness of the individual to participate in their treatment plan. Special efforts and milestones within the program are recognized. Incentives are awarded for phase completion and for exceeding drug court expectations. Tickets for movies, community events and food are also awarded to acknowledge the clients accomplishments.

Donations/Contributions are coordinated by the DUI Court Coordinators.  To donate to the Jerome, Twin Falls and Mini-Cassia County DUI Courts, please contact Steve Conger (208) 735-4393.  For donations to the Blaine County DUI Court, please contact Sarah Cox (208) 788-5521 x 1045.

Court Locations:

BLAINE:
Blaine County Courthouse
201 South 2nd Ave., Ste #106
Hailey, ID  83333
Blaine County DUI Court is held every Wednesday at 8:00 am.
Open to the Public.

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BURLEY:
Cassia County Courthouse
1559 Overland Ave.
Burley, ID  83338
Mini-Cassia DUI is held every Tues at 8:15 am.
Open to the Public.

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JEROME:
Jerome County Judicial Annex
233 W. Main Street
Jerome, ID  83338
Jerome County DUI Court is held every Thurs. at 7:30 am.
Open to the Public.

 

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TWIN FALLS:
Theron W. Ward Judicial Building
427 Shoshone Street North
Twin Falls, ID  83301
Twin Falls DUI Court is held every Wed at 7:30 am.
Open to the Public.

Court Appearances:
Phase I – Appearance required every week unless otherwise specified.
Phase II – Appearance required every other week unless otherwise specified.
Phase III – Appearance required every third week unless otherwise specified.
Phase IV – Appearance required every 1st Court of each month.