MONONGALIA COUNTY DRUG COURT POLICY AND PROCEDURE MANUAL
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1 MONONGALIA COUNTY DRUG COURT POLICY AND PROCEDURE MANUAL
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3 STEERING COMMITTEE The purpose of the Drug Court Steering Committee is to serve as a formal group whose goal is to improve interagency partnerships and work together to develop and support the Drug Court program. The members will be representatives who are interested and able to shape local policies regarding drug-abusing offenders. This ongoing committee should assess all services which are critical to continued success of the Drug Court program, including but not limited to: availability, accessibility, and quality of treatment facilities, supervision resources, public transportation, and education and employment services. The steering committee will consist of planning team members listed below. PLANNING TEAM The Monongalia County Drug.Court Planning Team consists of both Circuit Court Judges, Judge Russell Clawges and Judge Robert Stone; Perri Jo DeChristopher, Prosecuting Attorney; Bader Giggenbach, defense counsel; Frank Wolfe and Carlton Thompson, Probation Officers; Leisa Hubbard, Day Report Center Director; Brett Watson, law enforcement representative; Nancy Deming, representative from Valley HealthCare System; and Asel Kennedy, evaluator from the County Commission. The team leader of the Drug Court program is Judge Clawges. The Drug Court Coordinator (DCC) will manage the cases for the Court and provide updated information on substance abuse treatment status. The defense counsel and prosecutor will take nonadversarial roles on the team yet preserve the rights of clients and state. Weekly team meetings and bi-monthly meetings with the state Project Director will ensure effective communication and coordination. MISSION STATEMENT The purpose of the Monongalia County Drug Court is to provide increased levels of supervision and treatment to program members who are addicted to alcohol or drugs, by focusing on treatment and incentives as opposed to punishment and sanctions. The program will provide alternatives to incarceration thereby creating a public savings, increasing public safety, and promoting family stability. 2
4 GOALS AND OBJECTIVES GOAL #1: To reduce substance use among offenders by developing and implementing a Drug Court program that provides services to meet specific needs of eligible participants. OBJECTIVE #1: Develop an individualized treatment plan for each participant to address their specific needs, and provide some level of drug/alcohol treatment to all participants. Participants recommended for graduation from Drug Court must be clean and sober for at least six months prior to graduation, and 65% of eligible participants will complete the program successfully. PERFORMANCE MEASURES: Percent of participants who reduce and eliminate substance use in addition to the percent of participants who successfully graduate as well as those who are terminated; Substance use will be monitored through drug/alcohol testing, self-report, and collateral information gathered by staff. GOAL #2: To promote public safety by reducing criminal activity in the community. Providing supervision and treatment services to Drug Court participants in lieu of incarceration will help to reduce recidivism among the offenders in the program. OBJECTIVE #1: Reduce recidivism among Drug Court participants by avoiding new criminal charges for at least 65% of participants after completion of Phase I and at least 75% of participants up to one year after graduation from the program. PERFORMANCE MEASURES: Percent of participants who re-offend while participating in Drug Court as well as percent of participants who re-offend up to one year after graduating from the program, determined by arrest records obtained during and after participation in the program. STRUCTURE/MODEL After an individual is charged with a felony offense, they can be considered for participation in the Drug Court program. Successful participants will remain in the program for a minimum of 12 months and up to the maximum allowed sentence time period for the given offense. A case will enter the program by Court acceptance subsequent to a positive assessment for substance abuse and court review that indicates an offender meets the legal criteria for program eligibility. Once an offender is considered eligible, they will appear in Drug Court for formal acceptance into the program and treatment planning will begin. If the offender successfully completes the individualized treatment plan and graduates from the program, the case will be resolved by all parties involved. Assessment will take place no more than five business days from the date of referral. The substance abuse assessment will consist of(l) ASI, (2) MAST, (3) DAST, (4) 3
5 --< LS/CMI from Day Report Center, and (5) urine drug testing. Professional assessment services will be utilized to diagnose, determine recommended level of care placements, and assess symptoms of tolerance, withdrawal, risk factors and predictors of success. The results of the assessment will be shared with the Court and used by the treatment team to formulate an individualized treatment plan for the offender, which includes selecting the most appropriate treatment services. TARGET POPULATION The target population is adults living in the Morgantown area charged with felony offenses in Monongalia County as well as adult offenders who have violated the terms and conditions of probation by abusing drugs. The individuals should be considered offenders who likely would not have offended if not for their substance use. The target population includes males and females of all races who are willing to participate in the program and comply with all rules and regulations. The individuals must have an identifiable substance abuse problem, and they will most likely have other needs such as housing, education, employment, etc. ELIGIBILITY CRITERIA 1. Adult ( 18 years of age or older) with a felony offense 2. Resident of the Morgantown area whose offense(s) occurred in Monongalia County 3. An identifiable substance abuse problem, as determined through the screening and assessment process 4. No more than three prior felony convictions and/or juvenile adjudications DISQUALIFICATION CRITERIA 1. Violent offenses, sexual offenses, or offenses that involved the use of a dangerous weapon 2. Previous convictions for violent felony offenses or sexual offenses 3. Pending offenses in other jurisdictions (unless waived by the Drug Court team) 4. Refusing to cooperate with Drug Court procedures and/or refusing to abide by program rules 5. Any condition that would prevent an offender from being able to actively participate in the program 6. Use of Methadone or Buprenorphine outside of an approved clinical treatment program 4
6 -.. ENTRY PROCESS After plea negotiations have occurred, the prosecuting attorney will refer a potential candidate for the Drug Court program to the Drug Court Coordinator (DCC). Thus, the prosecuting attorney will conduct the initial screening to determine an offender's eligibility. After the initial screening occurs, the potential candidate's case will be reviewed by the Drug Court team for approval. Once an offender is approved for participation in the Drug Court program, the DCC must schedule a substance abuse assessment to occur within five business days. After the assessment is completed, the offender will appear before the Drug Court Circuit Judge for formal acceptance into the program. As the number of cases accepted into the program will have to be capped based upon treatment availability and case management maximums, participants will be accepted on a first come, first serve basis without reference to race, age, or gender. It is expected that this random referral method will ensure diversity reflective of the community arrestee population. Program monitoring data will identify if the target population is being served. PHASES: TERMINATION CRITERIA/GRADUATION CRITERIA A multi phase treatment process will be used for Drug Court. Participants will sign a contract for each phase that will outline the requirements of the phase as well as the criteria for advancement to the next phase. The program will be divided into three phases: (Levell) the stabilization phase, (Level2) intensive treatment phase, and (Level 3) the reintegration phase. The minimum length for each phase is 120 days. To move from one level to the next, the offender must complete all requirements of the preceding phase. Frequency of treatment services will depend on individual need, but generally the most intensive treatment will occur subsequent to stabilization and then decrease gradually as the individual progresses through the program. Judicial supervision will occur most intensely at entry into the program, with less judicial appearances and supervision occurring as rewards for success as the program progresses. LEVEL All participants will begin the Drug Court program in Level 1. Participants will begin treatment services once an appropriate treatment plan is developed. Services will include detoxification (if necessary), initial treatment assessment, education, and screening for other needs. A vocational/educational plan will be developed for each participant during this phase as well. Participants will appear in Court weekly and will have supervision contact 3-5 times a week, which will include drug testing. Participants will be expected to attend all scheduled Court appearances and supervision appointments; however, some absences may be excused by the Drug Court team. 5
7 --:::.. ADVANCEMENT CRITERIA 1. Must have 60 consecutive days clean and sober 2. Must not have any new arrests 3. Must comply with all rules and regulations 4. Must not have any sanctions within 30 days of advancement 5. Must have a recommendation for advancement from treatment provider based on how well a participant is engaging in treatment 6. Must submit a letter to the judge requesting advancement to the next phase 7. Must receive approval from the Drug Court team LEVEL2 Drug Court participants will be required to continue following their individualized treatment plans in Level 2. The treatment plans will be reviewed and changed as needed during each phase to best address the needs of each participant. Implementation of vocational/educational plans will occur during Level 2. Participants will be required to appear in Court twice a month. They will also meet with the DCC at least twice a week, when they will be subject to drug/alcohol testing. Participants will be expected to attend all scheduled Court appearances and supervision appointments; however, some absences may be excused by the Drug Court team. ADVANCEMENT CRITERIA 1. Must have 90 consecutive days clean and sober 2. Must not have any new arrests 3. Must not have any sanctions within 60 days of advancement 4. Must be complying with the vocational/educational plan 5. Must have a recommendation for advancement from treatment provider based on how well a participant is engaging in treatment 6. Must submit a letter to the judge requesting advancement to the next phase 7. Must receive approval from the Drug Court team LEVEL3 The reintegration phase will include establishment of employment (if not done in Level 2), social reintegration, and aftercare activities. Participants will be required to follow their updated treatment plans as well as vocational/education plans. Level 3 will primarily focus on relapse prevention and aftercare. Participants must appear in Court at least once a month. They must also have supervision contact at least once a week, when they will be subject to drug/alcohol testing. Graduation will require completion of the three phases of the treatment plan. Participants suitable for graduation should have progressed to a healthy, independent lifestyle, and they should be engaged in pro-social activities. An aftercare plan must be completed by the Drug Court team for each client prior to graduation. Aftercare plans are to include activities to assist individuals in maintaining abstinence and support continued recovery. 6
8 ---. GRADUATION CRITERIA 1. Must have 180 consecutive days clean and sober 2. Must have court costs and fines paid to the satisfaction of the team and consistent with ability to pay 3. Must have stable, suitable housing 4. Must have gainful, consistent employment or sufficient involvement in a vocational or academic training program 5. Must have a completed aftercare plan 6. Must submit a letter to the judge requesting to graduate 7. Must receive approval from the Drug Court team TERMINATION CRITERIA The judge may terminate a participant from the program if any of the following occur: (1) a participant is charged with an offense falling within the violent offender definition; (2) graduated sanctions are exhausted; (3) a participant absconds; (4) a participant expresses intent to no longer comply with program requirements. In general, participants will be terminated from Drug Court if they are considered a risk to public safety or if they threaten the integrity of the program. INCENTIVES AND SANCTIONS Incentives include praise from the judge, encouragement from treatment and program staff, ceremonies in Court to recognize accomplishments with awards such as sobriety tokens, gift certificates, certificates to recognize graduation to next program phase, less frequent Court appearances, reduced supervision, reduced or waived fines, appointed roles of leadership, and graduation from the program. Sanctions will be graduated and include warnings and admonishments from the judge in open Court, demotion to an earlier program phase, increased supervision, increased frequency of testing and Court appearances, required attendance at Court hearings of other offenders, increased treatment intensity, increased community service or work programs, imposed curfews, home confinement, jail confinement with continued treatment, and termination from the program. Sanctions will be applied at the discretion of the Court for behaviors such as positive drug test results, missed treatment sessions, or other non-complhmce with the treatment plan. Infractions will be communicated to the Court immediately, and the offender must appear at the next scheduled Drug Court hearing date
9 \ TREATMENT PROTOCOL The treatment interventions employed will be selected from programs that are available in the community. The Drug Court will utilize multiple treatment providers, and selection of the appropriate treatment program is individualized for each participant depending on their unique needs. Individualized treatment plans will be created for each participant by the Drug Court team. The results of the substance abuse assessment and any subsequent urine analysis, clinical testing, or performance measures, will be utilized in creating a comprehensive treatment plan that addresses the needs of each offender. The plan is subject to constant review and revision depending on the needs of the offender as they progress through the program. Comprehensive tracking of client progress, evaluations, treatment received, and outcome evaluations, both during and after treatment, will assure the effectiveness and quality of services. Participant evaluations of services both during and after treatment will also be required. The Drug Court team will meet bi-monthly throughout the program's operation for overall review of the program and will process with the state-level Project Director to ensure high quality and satisfaction with treatment provision in the program. Treatment services and programs to be utilized for Drug Court participants include detoxification, residential treatment, long-term residential treatment, intensive outpatient treatment, outpatient treatment, and support groups. Detoxification involves medical treatment for physical withdrawal symptoms and typically lasts 3-7 days. This treatment is available at Chestnut Ridge Hospital, the Valley HealthCare Crisis Unit, the John D. Good Center, the Amity Center, the emergency departments at Ruby Memorial Hospital and Monongalia General Hospital, and the North Central Regional Jail. The duration of short-term residential treatment is typically around 28 days. The John D. Good Center, the Act Unit, the Amity Center, and the Addiction Treatment Center are short-term, community based, licensed, residential programs available in West Virginia. The Clarksburg Mission offers faith-based residential services as well. In Pennsylvania, Greenbriar, Gateway, and White Deer Run treatment centers offer residential programs. Long-term treatment programs are typically 3-6 months. Long term programs are available at the Westbrook Genesis Program, the Renaissance Women and Children's Program, New Beginnings (females only), Miracles Happen (males only), Futures Program for Men, Legends for Men, Parcer Program for Men, Pine Haven, and the Clarksburg Mission. Transitional Living Facilities are recovery focused temporary housing arrangements that are also available. They are operated independently and not licensed by the Bureau of Health and Health Facilities. Some offer supportive services and many have 8
10 - ~ -- arrangements with their local comprehensive behavioral health centers to offer concurrent outpatient services. Transitional living facilities in West Virginia are Serenity Fellowship Home (males only), Opportunity House, Rainbow House (males only), Mid-Ohio Valley Fellowship Home, Kanawha Valley Fellowship Home (males only), Beckley Fellowship Home (males only), Mercer County Fellowship Home (males only), and Rae of Hope (females only). Intensive Outpatient Programs (lops) provide treatment at a minimum of nine hours a week typically for 6-12 weeks. Such programs involve individual and group sessions as well as medication management if necessary, and they are available at Chestnut Ridge Hospital and Valley HealthCare in Fairmont. Also, the Partial Hospitalization program at Chestnut Ridge Hospital offers a more intensive level of treatment for chemical dependency, and it is held four hours a day, five days a week. Outpatient treatment is available at Chestnut Ridge Hospital, Valley HealthCare, the Carruth Center at West Virginia University (for students enrolled at the university), as well as through private providers in the community. Outpatient treatment typically involves weekly or bi-weekly counseling sessions as well as medication management if necessary. There are Alcoholics Anonymous and Narcotics Anonymous meetings that occur daily in the community. Some of the meetings are open and available for anyone to attend, and some of the meetings are closed and only available to alcoholics and addicts who are in recovery. Programs at the Monongalia County Day Report Center will also be available to Drug Court participants. The programs include: (1) parenting education (2) anger management (3) substance abuse group counseling (4) life skills training (5) relapse education and prevention. As part of the reintegration phase of the program, an aftercare plan will be created for each participant with the assistance of the Drug Court team. An important component of the aftercare plan includes continued contact with a counselor and/or sponsor; participation in ongoing peer-support groups; housing in a drug free environment; and a plan of action for traumatic or high stress circumstances. Support groups will be utilized by participants in most cases. An alumni association for graduates of the Drug Court will be created as a peer-support group ultimately operated by the alumni once sufficient graduates have gone through the program. The portion of aftercare services that must be professionally administered will depend on individual needs and resource availability. The aftercare plan will address indicators of need for self-help to encourage graduates to seek professional services or peer support when needed. The aftercare plan is intended as a plan that is not time determined, but generally applicable as a lifelong commitment and plan to remain free of substances. 9
11 SUPERVISION PROTOCOL Supervision will be a shared responsibility among all members of the Drug Court team, achieved through effective collaboration, decision-making, and rapid response to conditions that my lead to relapse or further criminal activity by participants. The day-today supervision of participants will be the responsibility of Drug Court Coordinator. Clinical case management will be available through the substance abuse treatment program utilized for Drug Court participants. Cases are to be monitored once a week or more frequently if necessary. The Drug Court Coordinator will be responsible for reporting the status of each participant to the Drug Court team at weekly meetings. It is expected that the caseload will not exceed 30 cases. However, this number may be adjusted depending on how intensive the case managementrequirement is for the offender group. Participants will appear before the judge once a week during Level 1 of the program. With satisfactory compliance with the treatment plan, appearances in Court will gradually be reduced to two times a month in Level2, and then to one time a month. In Level3, the minimum appearance schedule before the judge will be every other month. The judge will make the determination of frequency based upon review of a case and recommendations of the Drug Court team and treatment providers. The role of the team will be to encourage participation in a non-adversarial proceeding and to assist the Court in making the best decisions involving participants by providing all relevant information and recommendations. The judge will provide significant judicial interaction with participants and implement incentives or sanctions as necessary. Written progress reports will be submitted to the Court once a month, or upon request of the court. Oral progress reports by the DCC will occur at each judicial hearing and will include updates on treatment attendance and compliance with the treatment plan. Drug/alcohol test results will also be provided to the judge, whether positive or negative, each time the offender appears before the Court to facilitate positive judicial rewards as well as any sanctions that need to be imposed. Up-to-date information on each offender must be provided to the Drug Court team prior to each Court session. The information should include new arrest information, treatment and service attendance, and drug/alcohol test results, to facilitate judicial involvement and appropriate decisionmaking., TESTING PROTOCOL Regular, random drug and alcohol testing will be a key component of the Drug Court program. The testing will be mandatory and conducted by various means including but not limited to urine, saliva, and breath analysis. Every test conducted will be observed and monitored by trained Drug Court staff or staff from the Day Report Center if necessary, Test results will be used to determine if a participant is complying with Drug Court rules and requirements and to determine if a treatment plan needs modification. 10
12 Test results will not be used as evidence of a new crime; however, test results for a participant who is subject to probation or other court-ordered supervision may be provided to the supervising entity. Trained Drug Court staff will observe participants of the same sex when urine samples are collected. Attempts to manipulate or adulterate a sample in any way will result in sanctions, up to and including termination from the program. Refusing to provide a sample will result in sanctions and possible termination as well. All persons involved in the collection and/or transmittal of specimens must strictly comply with chain of custody procedures for each sample collected. A certified testing laboratory will be contracted to analyze collected samples and provide results. EVALUATION DESIGN A process and outcome evaluation will be conducted to evaluate the program goals and objectives by measuring the following: size and type of target population screened and admitted; program completion rates; average time in the program for participants; percentage of negative and positive drug tests; percentage of participants rearrested during program participation; percentage of participants rearrested after three months, six months, and one year; and types of services received. A computerized and/or manual data collection system to evaluate the program will be utilized for the Drug Court. The management information system will be flexible enough to analyze data by various participant characteristics including services received, drug test results, in-program re-arrests, program participation length, sanctions and rewards imposed number of Court hearings, and participant completion rates. System design will adhere to performance benchmarks of the Defining Drug Courts: The Key Components, Key Component #8 (Monitoring and evaluation measure the achievement of program goals and effectiveness). Treatment and service providers utilized by Drug Court participants must share data related to Drug Court clients. The Project Director will coordinate plans with providers for sharing of information in compliance with local, state, and federal requirements. The process evaluation will be utilized to appraise progress in meeting operational and administrative goals. By tabulating data quarterly for process evaluation throughout the program, the planning and review team will be equipped to use the information to make changes and improve operation of the program to meet short-term goals and eventually long-term goals. Data elements will include number of persons screened and admitted, demographic characteristics, number of active cases, patterns of drug use by drug test results, attendance and compliance data, number of graduates and those who did not complete the program, non-compliance data, and re-arrest data. Additional elements may be added when the system is created. ll
13 An outcome evaluation will assist in assessing whether long-term goals have been met. A comparison group will be identified from offenders that could not be considered for the program because the cap on intakes was reached. This should provide the most similar group possible to the admitted participants for comparison. Re-arrest data up to one year post conclusion of prior criminal charge or re-entry into the community will be collected for comparison for participant and non-participant groups. ETHICS AND CONFIDENTIALITY The Drug Court program must comply with state and federal confidentiality laws, and all practitioners must recognize both the valuable function that those laws serve as well as their impact on the operation of the program. Information obtained through observation, review of files, and direct or indirect contact with participants must remain confidential. Participants must be informed of confidentiality rights. They will be required to sign a consent form for disclosure of confidential substance abuse information to be referred and accepted into the Drug Court program. 12
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