Once in a great while, the Colorado State Legislature gets it right. Addiction is a disease and compassion is the treatment. Many years ago in Colorado, a law was enacted that gives the judge in a case more power than the prosecutor in drug USE cases. The law, printed below, conveys the authority on a Colorado Judge to find a defendant to be “in need of treatment.”
Upon making that finding, the Court can trump the prosecutor’s power and create what is commonly known as a deferred judgment plea bargain – even over the objection of the prosecutor. Upon successful completion of the deferred judgment, usually meaning drug rehabilitation programs, thelaw mandates the dismissal of the case. It is then eligible to be sealed immediately!
Here is the Law: