A program will last for at least 12 months unless it is terminated sooner. A Drug Court program can be terminated when the:
court decides that the participant has substantially complied with the program
participant applies to have it terminated
court decides that the participant is unlikely to make any further progress in the program, or that further participation poses an unacceptable risk to the community that the offender will re-offend.
When a program is terminated, the court must reconsider the initial sentence. If appropriate that sentence can be set aside and another sentence imposed in its place. In deciding the final sentence the court will take into consideration the nature of the offenders participation in the program, any sanctions that have been imposed and any time spent in custody during the program. The initial sentence cannot be increased.
When the court finds that a participant has substantially complied with a program a non-custodial sentence is the usual order. The court awards certificates of graduation and of achievement to participants who meet or substantially comply with the standards the court has set.