How to enter the program (Court Mandated Diversion)

To be accepted into the CMD program, a defendant must undergo assessment to determine if they are eligible and suitable.

A Magistrate or Judge can refer an offender for assessment after a plea or finding of guilt and before deciding on a sentence.

If a defendant would like to be considered for the program they should tell their lawyer, or the Magistrate or Judge when they appear in Court.

Consent

The defendant's agreement is required before their assessment and before their treatment.

Eligibility

To be eligible to be sentenced to a Drug and Alcohol Treatment Order (DATO), the offender must:

• be 18 years of age or over
• have entered pleas of guilty or have been found guilty to all offences
• be facing a sentence of imprisonment for the offences
• have a history of illicit drug use or alcohol dependency that contributed to the offences
• be willing to take part in supervised treatment with the CMD program.

A person is not eligible to be sentenced to a DATO if they:

• have sexual offences referred for assessment or outstanding in any court
• have offences involving the infliction of actual bodily harm referred for assessment or outstanding in any court
• have a violent offence against a person that is deemed not to be minor harm by the court, referred for assessment or outstanding in any court
• are subject to a sentencing order of the Supreme Court, Parole Order or another DATO.

If the Court makes a DATO, they must specify whether the order is being made in respect of the illicit drug use or alcohol dependency of the offender.