Treatment in Lieu Conviction

This specialized program is designed to meet the unique needs of first-time felony offenders who have a significant drug or alcohol problem that contributed to the underlying offense in which they are charged. Offenders who are referred to this program undergo a thorough alcohol and drug assessment at a community based treatment facility. Upon acceptance into the program, offenders are supervised under standard community control conditions for a period of no less than one (1) year. In addition to these standard conditions, Treatment in Lieu offenders are must complete treatment per the recommendation of the treatment provider and the Probation Department.

Strict eligibility criteria must be met to be considered for participation in this program, to include:

• An assessment of the defendant’s substance abuse history, along with a treatment plan.
• Offender has not been previously convicted of or pled guilty to a felony.
• Offender has not been previously granted Intervention in Lieu of Conviction.
• Offender is charged with a felony for which the Court, upon conviction, would impose community control sanctions.
• Drug or alcohol usage was a factor leading to the criminal offense with which the offender is charged.
• The offender must be willing to comply with all terms and conditions imposed by the Court.
• The offense cannot be a felony offense of the first, second or third degree or an offense of violence.
• The offense cannot be in violation of Division (A)(1) or (2) or Section 2903.06 of the Revised Code (Aggravated Vehicular Homicide); Division (A)(a) of Section 2903.08 (Aggravated Vehicular Assault); Division (A) of Section 4511.19 of the Revised Code (DWI); Section 2925.02 (Corruption); 2925.03 (Trafficking); 2925.04 (Manufacturing and Cultivation); 2925.06 (Steroids); Section 2925.11 (Possession) of the Revised Code that is a felony of the first, second or third degree;
• Cannot be an offense for which a sentencing court is required to impose a mandatory prison term, and/or a mandatory term of local incarceration.
• Intervention in Lieu of Conviction would substantially reduce the likelihood of any future activity.

Upon completion of all recommended treatment and program conditions, the charges against the defendant are dismissed.