Drug Offenses Involving Minors
Manufacturing methamphetamine is unlawful. It causes any child less than 18 years of age to suffer bodily injury. Many person commit crimes while under the influence of drugs or alcohol.
At Drug Court have program for defendant by treatment in lieu of trial or criminal punishment. Such action under this statute is subject to the discretion of the prosecuting attorney, and a post-conviction determination as to whether to permit treatment in lieu of incarceration.
Treatment in lieu of trial or criminal punishment under the drug dependent statute is not available to a defendant who commits an offense within the scope of the provisions relating to the mandatory minimum sentencing for drug trafficking offenses
Sentencing for drug offenses involving minors should to the mandatory minimum sentencing. Prior to imposing a sentence, the court may check the defendant would benefit from a drug offender treatment program and must provide a report of its assessment to the court within 60 days of the court commitment of the defendant to the custody of the department.
However, the defendant may be entitled to for time served the duration of the drug offender treatment program must be 24 months. At the same time, the administrator of a community-based therapeutic community may refuse to accept a participant whom the administrator deems to be inappropriate.
In addition to, the Act may not be construed to enlarge or limit the right of a participant to appeal the participant’s sentence.