Todd M. Williams
Office of the District Attorney
40th Prosecutorial District
Buncombe County, North Carolina
Eligibility for Buncombe County Treatment Courts
As Buncombe County Drug and Veterans Treatment Courts operate within the Superior Court, many potential participants face charges or prior records that, pursuant to North Carolina State sentencing laws, place them within "sentencing blocks" where an active prison sentence is either the only or the presumptive sentence and would preclude participation in a treatment court.
To maximize eligibility and more broadly utilize the specialized treatment capacities of treatment courts, the Buncombe County District Attorney’s Office utilizes a review process centered on individualized determinations for screening eligibility. By evaluating applicants on a case-by-case basis, the D.A.’s Office seeks to enforce the law, prioritize public safety, and reduce the taxpayer burden associated with the costs of long-term incarceration by addressing the root causes of crime. This approach ensures that more candidates suitable for rehabilitation can be considered for entry into a treatment court.
Therefore, the District Attorney's Office uses the following generally applicable screening principles:
• The District Attorney’s Office will make case-by-case determinations for applicants who might otherwise be precluded by application of the N.C. structured sentencing grid.
• A primary factor in this determination is based on whether the offender is currently impacted by a treatable substance use disorder and/or if there is clear evidence of active substance use during the commission of the pending offense.
• The determination may also consider the applicant's criminal history for clear evidence of a history or pattern of substance abuse that has led to criminal activity.
The District Attorney's Office employs the following case-specific screening principles for purposes of determining treatment court eligibility:
1. Eligibility Regarding Prior Convictions and Charges
• Applicants with histories of violent convictions may be considered for participation based on individual circumstances.
• While current pending charges classified as Class A-E felonies are generally excluded from eligibility, they may be considered for treatment court participation if the initial charge is reduced through plea negotiations.
• For all offenses involving a victim, the victim's consent is a prerequisite for the case to be considered for screening and participation.
• Individuals facing Class F-I felonies and misdemeanors may be considered for participation in the program.
2. Inclusion of Specific Criminal Histories and Offenses
• Trafficking and Habitual Felon Status: Persons with drug trafficking charges or who have attained habitual felon status may be considered for participation. Eligibility determinations will be made based on: the specific facts and circumstances of the individual case, a comprehensive review of the offender’s prior criminal record history, and clear clinical evidence of a substance use history or active substance use as documented in the pending case discovery. Claims of substance use must be supported by objective evidence found within case discovery, clinical assessments, or criminal and medical histories that show a clear causal nexus between the substance use and pending charges.
• Individuals with a history of drug sales may be considered for participation.
• A history of absconding from probation may be considered eligible, with consideration given to the recommendations of probation officers.
None of these policies restricts the exercise of prosecutorial discretion. All final plea determinations are made at the discretion of the District Attorney.
Updated March 20, 2026