Prosecutors with the Hillsborough State Attorney’s Office aim to make treatment—not jail—the first stop for drug addicts arrested for drug possession with the launch of the new DETRR program. Research shows more than 80% of all crimes are tied to drugs or alcohol. This bold step, using a clinical approach to address addiction, is designed to create an overall increase in our community’s safety by dealing with the underlying issues that lead to much of our area’s criminal behavior.
ATTORNEYS: Please see this overview of the DETRR program to determine whether your client qualifies and how to apply.
DETRR, which stands for Drug Education & Treatment Reducing Recidivism, gives low-risk drug offenders who are accused of no other serious crimes an off-ramp out of the downward spiral of drug use, arrests, and incarceration. State Attorney Andrew Warren launched the program Thursday, corresponding with the county’s re-start of jury trials and following a pilot program that began earlier this year. DETRR is limited to drug possession cases for low-risk, non-violent offenders; it is not allowed for drug dealers, violent offenders, or anyone deemed high-risk.
DETRR embraces the well-established medical principle that, for offenders who suffer from substance abuse, treatment and rehabilitation are more successful at reducing repeat offenses and increasing public safety compared to a punishment-only approach, such as incarceration. Treatment and rehabilitation are more effective and less expensive than jail or prison. Additionally, this approach benefits the community beyond the criminal justice system by improving health outcomes and employment opportunities, both of which reduce the burden on taxpayers.
Under DETRR, if offenders successfully follow the prescribed drug treatment or drug education program and stay arrest-free for six months, the drug possession charge will be dismissed.
Think of DETRR as a new "younger sibling" of Hillsborough County’s highly effective Drug Court. Drug Court addresses an offender’s addiction, mental health, housing, and even job training, to break the cycle of drug use and crime. Drug Court works—but it’s most effective for people who are classified as “high-risk” to become repeat offenders. DETRR offers new paths for low-risk defendants to get help, correct their actions, and avoid the downward spiral of arrests and prison time.
DETRR is only an option for low-risk offenders who are not accused of any serious crime beyond using drugs. Participants who reoffend face escalating consequences, including the possibility of traditional prosecution and incarceration.
DETRR’s 3 Levels
This is a brief summary—more details on each level are available at this link
Level 1 – Marijuana / Cannabis Possession (30 grams or less)
Defendants must remain arrest-free for six months and will be encouraged to take part in substance abuse treatment. Defendants get only one opportunity to take part in Level 1.
Level 2 – First-Time Drug Possession (other than 30 g or less of marijuana)
Defendants must remain arrest-free for six months and must take part in substance abuse treatment or drug education. Defendants get only one opportunity to take part in Level 2.
Level 3 – Low-Risk Repeat Offender
Defendants must be assessed as a low risk to reoffend. They can be sent to the full Drug Court program or must remain arrest-free for six months and must take part in a full range of treatment, which may include substance abuse and mental health treatment, cognitive behavioral therapy, and social services. Defendants get only one opportunity to take part in Level 3.
“Blindly locking up people who suffer from addiction undermines public safety—we can make our neighborhoods safer by attacking the root cause of the problem,” Hillsborough State Attorney Andrew Warren said.
“Both research and common sense tell us there’s a major link between drug abuse and crime. Taking a problem-solving approach to drug abuse prevents crime, saves money, and gives people suffering from addiction the help they need.”
More than half the inmates in the U.S. meet the criteria for drug abuse or dependence. Research shows that treatment for substance abuse makes people less likely to reoffend. People who go through a Drug Court program are also less likely to reoffend than people who serve normal probation or jail time.
DETRR is available now for non-violent, low-risk offenders in Hillsborough County who qualify; defense attorneys should ask the prosecutor assigned to a defendant's case about whether they are eligible for the program.
ATTORNEYS: Please see this overview of the DETRR program to determine whether your client qualifies and how to apply.
DETRR Level One – Marijuana/Cannabis Possession
Eligibility:
-
- Level One is available to defendants charged with simple possession of 30 grams or less of Marijuana/Cannabis. This includes all oils, waxes, plant-based, or any other form of cannabis/THC but specifically excludes synthetic cannabis, also known as “spice.”
- This program does not apply to defendants who have pending charges (other than possession of drug paraphernalia), or other cases (by arrest or information), or to defendants who are currently on felony probation.
- This program does not apply to defendants where the facts of the case indicate the defendant is involved in the sale or distribution of the controlled substance.
- Defendants are not excluded from this program due to either a prior criminal record or a score of 44 or more points on the Criminal Punishment Scoresheet.
- Defendants are required to waive their right to a speedy trial in writing.
- Defendants will have one opportunity to participate in the Level One Drug Diversion Program. Any subsequent arrests or charges will result in the Level Two or higher Drug Diversion Program if otherwise eligible.
Program Requirements:
-
- To successfully complete the Level One Drug Diversion Program, defendants are
required to remain free from arrest for a period of six months from the time they enter
the program. - Defendants will be encouraged to participate in any substance abuse treatment
programs available in the community. - Defendants who remain arrest free for six months will have their charges dismissed.
- Defendants will be offered information regarding the expunction of their criminal
record.
- To successfully complete the Level One Drug Diversion Program, defendants are
Click here to download the Level One Agreement form
DETRR Level Two – First Time Offenders (Non-Marijuana/Cannabis)
Eligibility:
-
- Level Two is for defendants charged with any felony possession of a controlled
substance that is not included in the Level One Drug Diversion Program including
possession of cannabis charges over 30 grams. - Trafficking charges are specifically omitted from eligibility.
- Eligible defendants only include first time offenders with no prior felony convictions
(withhold or adjudication). - This program does not apply to defendants who have pending charges or cases (other
than possession of drug paraphernalia or possession of a controlled substance). - This program does not apply to defendants where the facts of the case indicate the
defendant is involved in the sale or distribution of the controlled substance. - Defendants are required to waive their right to a speedy trial in writing.
- Defendants will have one opportunity to participate in the Level Two Drug Diversion
Program. Any subsequent arrests or charges will result in the Level Three or higher Drug
Diversion Program if otherwise eligible.
- Level Two is for defendants charged with any felony possession of a controlled
Program Requirements:
-
- Defendants will be required to be assessed for their suitability for either a drug
treatment program or a drug education program. - Defendants must participate in either a drug treatment program or a drug education
program depending on their assessment. - To successfully complete the Level Two Drug Diversion Program, defendants are
required to remain free from arrest for a period of six months from the time that they
enter the program. - Defendants who remain arrest free for six months will have their charges dismissed.
Charges will be dismissed even for those defendants who are still participating in a drug
treatment program at the end of the six-month period. - Defendants will be offered information regarding the expunction of their criminal
record.
- Defendants will be required to be assessed for their suitability for either a drug
Click here to download the Level Two Agreement form
DETRR Level Three – Low Risk Offenders
Eligibility:
-
- Level Three is for defendants who are either unsuccessful in the Level Two diversion
program or who are not eligible because they are not a first-time offender. - Defendants in Level Three are charged with any felony possession of a controlled
substance that is not included in the Level One Drug Diversion Program including
possession of cannabis charges over 30 grams. - Trafficking charges are specifically omitted from eligibility.
- This program does not apply to defendants who have pending charges or cases (other
than possession of drug paraphernalia or possession of a controlled substance) or to
defendants who are currently on felony probation. - This program does not apply to any defendant who is assessed as a high risk to reoffend.
- This program does not apply to defendants where the facts of the case indicate the
defendant is involved in the sale or distribution of the controlled substance. - Defendants are not excluded from this program due to either a prior criminal record or
a score of 44 or more points on the Criminal Punishment Scoresheet. - Defendants are required to waive their right to a speedy trial in writing.
- Level Three is for defendants who are either unsuccessful in the Level Two diversion
Program Requirements:
-
- Defendants will be required to undergo a risk-needs-responsivity assessment.
- If the defendant is determined to be low risk to reoffend, they must participate in any
treatment or education interventions that are determined necessary by the RNR
assessment and offered by a community-based program. Those interventions may
include substance abuse treatment, mental health treatment, cognitive behavioral
therapy or other social service program. - To successfully complete the Level Three Drug Diversion Program, defendants are
required to remain free from arrest for a period of six months from the time that they
enter the program. - Defendants who remain arrest free for six months will have their charges dismissed.
Charges will be dismissed even for those defendants who are still participating in
treatment interventions at the end of the six-month period.
Click here to download the Level Three Agreement form
DETRR, which stands for Drug Education & Treatment Reducing Recidivism, gives low-risk drug offenders who are accused of no other serious crimes an off-ramp out of the downward spiral of drug use, arrests, and incarceration. State Attorney Andrew Warren launched the program Thursday, corresponding with the county’s re-start of jury trials and following a pilot program that began earlier this year. DETRR is limited to drug possession cases for low-risk, non-violent offenders; it is not allowed for drug dealers, violent offenders, or anyone deemed high-risk.
DETRR embraces the well-established medical principle that, for offenders who suffer from substance abuse, treatment and rehabilitation are more successful at reducing repeat offenses and increasing public safety compared to a punishment-only approach, such as incarceration. Treatment and rehabilitation are more effective and less expensive than jail or prison. Additionally, this approach benefits the community beyond the criminal justice system by improving health outcomes and employment opportunities, both of which reduce the burden on taxpayers.
Under DETRR, if offenders successfully follow the prescribed drug treatment or drug education program and stay arrest-free for six months, the drug possession charge will be dismissed.
Think of DETRR as a new "younger sibling" of Hillsborough County’s highly effective Drug Court. Drug Court addresses an offender’s addiction, mental health, housing, and even job training, to break the cycle of drug use and crime. Drug Court works—but it’s most effective for people who are classified as “high-risk” to become repeat offenders. DETRR offers new paths for low-risk defendants to get help, correct their actions, and avoid the downward spiral of arrests and prison time.
DETRR is only an option for low-risk offenders who are not accused of any serious crime beyond using drugs. Participants who reoffend face escalating consequences, including the possibility of traditional prosecution and incarceration.
DETRR’s 3 Levels
This is a brief summary—more details on each level are available at this link
Level 1 – Marijuana / Cannabis Possession (30 grams or less)
Defendants must remain arrest-free for six months and will be encouraged to take part in substance abuse treatment. Defendants get only one opportunity to take part in Level 1.
Level 2 – First-Time Drug Possession (other than 30 g or less of marijuana)
Defendants must remain arrest-free for six months and must take part in substance abuse treatment or drug education. Defendants get only one opportunity to take part in Level 2.
Level 3 – Low-Risk Repeat Offender
Defendants must be assessed as a low risk to reoffend. They can be sent to the full Drug Court program or must remain arrest-free for six months and must take part in a full range of treatment, which may include substance abuse and mental health treatment, cognitive behavioral therapy, and social services. Defendants get only one opportunity to take part in Level 3.
“Blindly locking up people who suffer from addiction undermines public safety—we can make our neighborhoods safer by attacking the root cause of the problem,” Hillsborough State Attorney Andrew Warren said.
“Both research and common sense tell us there’s a major link between drug abuse and crime. Taking a problem-solving approach to drug abuse prevents crime, saves money, and gives people suffering from addiction the help they need.”
More than half the inmates in the U.S. meet the criteria for drug abuse or dependence. Research shows that treatment for substance abuse makes people less likely to reoffend. People who go through a Drug Court program are also less likely to reoffend than people who serve normal probation or jail time.
DETRR is available now for non-violent, low-risk offenders in Hillsborough County who qualify; defense attorneys should ask the prosecutor assigned to a defendant's case about whether they are eligible for the program.