Collin County District Attorney Greg Willis is re-imagining the traditional role of a prosecutor, including the effective and just prosecution of drug crimes. The idea is to address the addiction cycle, which often triggers the crime cycle. Historically, addicts charged with crimes have had limited access to treatment, especially medication-assisted-treatment (MAT) combined with cognitive behavioral interventions. Now that DA Willis and his staff have forged community partnerships with health care and mental health providers, those battling the addiction cycle will have the support, skills, and insight needed to break free. And those who do break free will dramatically change their future trajectory in life.
The Collin County District Attorney Opioid Treatment Program (DAOTP) utilizes MAT through the use of extended-release naltrexone as an alternative to incarceration for appropriate non-violent offenders suffering from opioid addiction.
Participants in the DAOTP shall progress through four MAT Phases in their recovery journey. Each phase group will be required to complete program, medical, and counseling requirements. Appropriateness for graduation will be assessed at twelve months into the program and graduation from the program may occur as early as fifteen months. Candidates who successfully complete DAOTP will be eligible to have their criminal case dismissed and expunged from their record.
REFERRALS
From prosecutors
From defense attorneys
Pre-indictment referrals are accepted
ELIGIBILITY
Non-violent offense
Non-violent criminal history
No driving while intoxicated offenses
No manufacture/delivery cases
Possession cases in state jail amounts or less
COSTS
$500 program fee for non-indigent defendants
$55 per month CSCD fee (non-waiveable)
$10 per drug/alcohol test fee
Any out of pocket co-pays associated with medical/counseling appointments
Restitution (including lab fees and victim restitution)
Please read program guidelines before applying. Apply here.
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COLLIN COUNTY DISTRICT ATTORNEY OPIOID TREATMENT PROGRAM GUIDELINES
The following sets forth the policies, procedures, and minimum eligibility requirements for obtaining approval to enter the Collin County District Attorney Opioid Treatment Program, supervised by the Collin County Community Supervision and Corrections Department as well as the District Attorney’s Office. To be eligible for the District Attorney Opioid Treatment Program, a defendant must freely admit guilt, be willing to complete all program terms, and refrain from any further criminal activity, including the use of illegal drugs.
1. MISSION STATEMENT
Justice takes many forms, and while the Collin County District Attorney zealously prosecutes violent and habitual defendants, we are also committed to re-imagining the traditional role of a prosecutor and the system we represent. The mission of the District Attorney Opioid Treatment Program is preventing crime and increasing public safety by holding eligible defendants accountable while providing the resources, skills, community-relationship building, and education needed to break the often-recurrent cycles of addiction and crime. The District Attorney Opioid Treatment Program will utilize medication-assisted treatment through the use of extended-release naltrexone as an alternative to incarceration for appropriate non-violent offenders suffering from opioid addiction. The District Attorney Opioid Treatment Program offers eligible defendants a chance to avoid a criminal conviction and other punitive sanctions (including fines, probation, and incarceration), while also providing the tools and education necessary to help defeat addiction and prevent future criminal behavior.
2. WHAT IS THE DISTRICT ATTORNEY OPIOID TREATMENT PROGRAM?
The District Attorney Opioid Treatment Program (DAOTP) is a voluntary program for defendants charged with a criminal offense, per the Government Code Sec. 76.011. Defendants who successfully complete the program may avoid prosecution and potential conviction for their charges. The DAOTP only accepts certain types of criminal offenses, and each applicant must go through an assessment before he/she will be accepted into the program. Once accepted, defendants must agree to follow all treatment requirements and obligations set forth in their DAOTP agreement. Due to the individualized nature of the treatment provided, there is no set time frame for completion. Some defendants may complete the program in as little as fifteen months, while others may remain in the program for twenty-four months or more.
3. DEFENDANT PROFILE
The DAOTP accepts referrals from law enforcement and prosecutors within Collin County as well as applications from a defendant’s legal representative. Denial of admission to the DAOTP will not be based on race, gender, sexual preference, economic status, disability, or inability to pay program fees.
4. PAST ADULT OFFENSE HISTORY
Adult criminal history, arrest history, and the final disposition of charges will all be considered when determining a defendant’s qualification for admission into the DAOTP. Defendants should have no history of violent offenses, manufacture and/or delivery of illegal drugs, or sex-offender-related crimes. Exceptions may be approved by the DAOTP Administrators.
5. PAST JUVENILE OFFENSE HISTORY
Defendants twenty-five years old or younger with a record of juvenile criminal offenses that would otherwise exclude them from consideration for the program may be disqualified for entry into the program based on their juvenile record. Exceptions may be approved by the DAOTP administrators.
6. OFFENSE
Defendants applying to the DAOTP must not be arrested for, or charged with, a violent criminal offense. This program does not accept referrals for violent crimes, domestic violence, sex-offender-related crimes, driving while intoxicated (DWI) or related offenses, offenses involving the manufacture and/or delivery of controlled substances, or offenses involving possession of controlled substance in quantities greater than that which would qualify as a state jail felony. A defendant may be denied entry into the DAOTP for any reason, including the circumstances of the offense.
Offenses potentially eligible for the DAOTP include, but are not limited to:
- Drug possession (in quantities no greater than a state jail felony)
- Forgery
- Theft
- Criminal mischief
- Trespass
- Fraud (e.g., forgery, credit/financial device use/possession)
- Tampering with evidence or tampering with a governmental record
Other offenses may be considered after review and approval by the DAOTP administrators.
7. APPLICATION
Applications for entry into the DAOTP must be submitted through the District Attorney’s website and must be accompanied by a Sworn Statement (see 8.) and Release of Information (see 9.). The application can be found here.
Additional required documents which must be completed prior to official acceptance into the program are listed below:
- Agreed Order Adding/Amending Conditions of Defendant’s Bond Indicted Felony Here
- Agreed Order Adding/Amending Conditions of Defendant’s Bond Unindicted Felony Here
- DAOTP Agreement
- Sworn Statement
- Release of Information
- CSCD Forms
- Waiver of Indictment (if case is unindicted)
8. SWORN STATEMENT REQUIRED
Upon applying for entry into the DAOTP (and prior to any further processing of such application), the defendant must voluntarily, knowingly, and intelligently execute a typed, signed, sworn statement recounting the facts and circumstances of the offense for which he has been charged. An application will be rejected if, in the sole discretion of the District Attorney, the defendant’s factual statement is not consistent with guilt.
If for any reason a defendant is not accepted into the DAOTP, this sworn statement will not be used as evidence in the State’s case against him/her if the case proceeds to trial. However, if there is a trial on these charges and the defendant testifies, the statement MAY be used as rebuttal evidence for purposes of impeachment.
If a defendant is accepted into the DAOTP and is subsequently removed, or otherwise fails to complete the Program, this statement MAY be used as evidence in the State’s case against him/her if the case proceeds to trial.
9. RELEASE OF INFORMATION
Communication among treatment providers, CSCD, and the Collin County District Attorney’s Office is essential and will be governed by a signed Release of Information executed by the applicant and submitted along with the Application and Sworn Statement.
10. SIGNED AGREEMENT REQUIRED
Upon applying for entry into the DAOTP (and prior to any further processing of such application), the defendant must voluntarily, knowingly, and intelligently sign a DAOTP Agreement indicating he/she has been fully advised of his/her Constitutional Rights (including but not limited to, the right to remain silent regarding the facts and circumstances related to the offense for which he/she has been arrested/charged). This Agreement also states that the defendant has waived his/her right to a Speedy Trial for the charged offense during the time period required to make a final decision regarding his/her DAOTP Application. When a defendant is accepted into the DAOTP, the right to a speedy trial is waived until he/she completes the program or is removed by the DAOTP administrators. The defendant’s attorney is also required to confirm that he/she has advised the defendant of these same rights.
The DAOTP Agreement includes mandatory requirements for each defendant, as well as an acknowledgement that CSCD may assess other conditions as needed in order to help him/her: (1) overcome issues that led to the criminal offense, (2) expand life skills, and (3) become a successful, non-offending adult member of the community. Defendants are responsible for ALL costs associated with any conditions assessed by CSCD.
The DAOTP Agreement can be found here.
11. FEES
The DAOTP assesses a $500 program fee, which must be paid in full before admittance into the Program. This $500 fee is waived for indigent defendants. Additionally, a defendant is required to pay CSCD a supervision fee of $55 per month, to submit to any and all random drug/alcohol testing requests by CSCD, and to pay the associated fee of $10 per test. Failure to submit to a request for drug/alcohol testing and failure to pay for testing may result in sanctions.
The defendant must pay any co-pay requested by his/her medical provider associated with counseling, extended-release naltrexone injections, drug/alcohol testing, and medical appointments related to the DAOTP.
12. SANCTIONS
Failure to successfully complete any condition of bond and/or signed DAOTP Agreement may result in sanctions determined appropriate by the DAOTP administrators. Possible sanctions include, but are not limited to the following:
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- increased phone calls/office visits with DAOTP administrators and/or treatment providers;
- demotion to a previous Phase until released by DAOTP administrators and/or treatment team;
- increased participation in treatment options, such as inpatient treatment or sober living;
- increased drug and/or alcohol screenings;
- additional community service requirements; or
- removal from the DAOTP.
13. RESTITUTION REQUIRED
A defendant will be responsible for paying all restitution as determined by the DAOTP prosecutor, including payment for drug testing by any lab. Any restitution amount of $200 or less must be paid prior to admission into the DAOTP, and any restitution amount greater than $200 must be paid in monthly installments, with the full amount being paid-in-full prior to graduation from the program.
A description of program requirements can be found here.
Questions? Please reach out to us at DA_opioidtreatmentprogram@collincountytx.gov.
