Pierce County. Drug Court. Established September 2004

Transcription

1 Pierce County Drug Court Established September 2004 Policies and Procedures Updated September 2013

2 TABLE OF CONTENTS I. Drug Court Team II. Mission Statement III. The Drug Court Model IV. Target Population V. Eligibility Criteria VI. Entry Process VII. Treatment VIII. Phases IX. Graduation Criteria X. Sanctions and Incentives XI. Termination Criteria XII. Process for Termination XIII. Drug Testing XIV. Confidentiality XV. Goals and Objectives Pierce County Policy and Procedures Manual, September

3 I. DRUG COURT TEAM Honorable Joseph Boles Circuit Court Judge Pierce County Circuit Court P.O. Box (fax) Sean Froelich District Attorney P.O. Box (fax) Liesl Nelson Public Defender State Public Defender Office 2100 O Neil Road, Suite 400 Hudson, WI (fax) NelsonL@opd.wi.gov Jeremy Brookshaw Deputy Pierce County Sheriff s Department P.O. Box (fax) brooksha@co.pierce.wi.us Jorv Gavic Court Commissioner Pierce County Circuit Court P.O. Box (fax) Jorv.Gavic@wicourts.gov Samantha Brill Probation Officer WI Department of Community Corrections 310 W. Main, Suite B samantha.brill@wisconsin.gov Kristie Simmons/Kayla Buck Counselor Pierce County Department of Health & Human Services P.O. Box , extension 6645, (fax) Kristie.simmons@co.pierce.wi.us Kayla.buck@co.pierce.wi.us Mary Kelly Coordinator Pierce County Department of Health & Human Services P.O. Box , extension (fax) mary.kelly@co.pierce.wi.us Pierce County Policy and Procedures Manual, September

4 II. MISSION STATEMENT It is the Pierce County Drug Court s mission to promote public safety, reduce crime and improve the lives of participants, their families and the community through an intensive, collaborative, court supervised treatment program which motivates participants while holding them accountable. The program will strive to use community and state resources effectively in achieving its goals. III. DRUG COURT MODEL The Pierce County Drug Court is a post plea and post conviction court with limited exceptions for some Deferred Entry of Judgment cases. All OWI offenders will be post conviction. IV. TARGET POPULATION The Pierce County Drug Court was created to serve high risk, high need Pierce County residents over 17 years of age with criminal cases which are substantially related to their dependence on drugs or alcohol. V. ELIGIBILITY CRITERIA To be eligible to participate in the Pierce County Drug Court, individuals must: Be a resident of Pierce County Be over the age of 17 Have a pending felony charge in Pierce County Have a substantial relationship between addiction to alcohol and drugs and the commission of the offense Be alcohol or drug dependent Be determined to be high risk, high need Be willing to comply with the Drug Court Program rules Able to physically participate in treatment activities (within guidelines of the American with Disabilities Act) Potential Disqualifiers: Violent offenses Domestic battery convictions Weapons offenses Eligibility criteria can be waived at the discretion of the team on a case by case basis including those defendants charged with delivery and possession with intent to deliver drugs. Evidence of ongoing drug dealing will exclude the defendant from the program. Pierce County Policy and Procedures Manual, September

5 VI. ENTRY PROCESS Referrals for the Drug Court may be made by the District Attorney s Office, the Department of Corrections or Defense Attorneys. If an individual is interested in participating in the program, he or she must let the District Attorney, Department of Corrections or their attorney know and ask to be considered for participation. Other participants in the judicial system and members of the public may also contact the same agencies to suggest that an individual be considered. Individuals who are formally referred to the Pierce County Drug Court will be screened by the coordinator to determine if they meet the criteria for eligibility. If eligibility criteria are met, the coordinator will make a referral for an alcohol or drug assessment. Once the assessment is complete, the Drug Court Team will review the case and determine whether to conduct an interview with the potential participant. If invited to interview, the individual will be asked to first observe a session of Drug court. An interview with the Drug Court Team will take place immediately following. After the interview, the Team will decide whether to accept the individual into drug court. If the individual is approved by the Drug Court Team for entry to the program, a plea and sentencing hearing will be scheduled as soon as possible. Participation in the program is conditional pending sentencing. At sentencing, the judge has the final say in whether an individual will participate in Drug Court. If Drug Court is ordered at sentencing, the individual will then be admitted to the program. In the case of an Alternative to Revocation, there must be a referral from the Department of Corrections. Upon referral, the coordinator will screen and the Team will decide whether to refer for an alcohol or drug assessment. Once the assessment is completed and reviewed, the Team will decide whether to interview. Before being interviewed, the participant will be required to observe a session of Drug Court. After the interview, the Team will decide whether to accept the individual into Drug Court. If accepted, the Department of Corrections will formalize the Alternative to Revocation agreement before the participant may begin. An individual meeting the qualifications for the Drug Court program does not have a right to admission to the program. Entry to the program is the decision of the Drug Court Team and the sentencing judge (or in the case of Alternative to Revocation, the Department of Corrections). VII. TREATMENT Upon entry to the Drug Court, the participant will be expected to follow all recommendations of the alcohol or drug assessment which was completed during the admission process. This includes the recommended course of treatment as well as any recommendations made for continuing care upon discharge. During the program, the Drug Court Team will continue to monitor the participant s treatment needs and assist with admissions to appropriate treatment programs. Pierce County Policy and Procedures Manual, September

6 VIII. PHASES Phase One Requirements Stabilization, Treatment and Orientation Attend weekly Drug Court sessions. Complete all assignments. Attend all sessions, classes and support groups. Be current with a treatment program. Comply with any requirements of the Department of Corrections. Obtain a sponsor within the first 30 days. Be up to date on Drug Court fee payments. Sponsor must attend at least one drug court session and provide written support for phase advancement. Have a minimum of 30 days of negative drug tests and be in compliance with the program for 30 days before advancing to Phase Two. Any other conditions determined by the team. Phase One is a minimum of 90 days Phase Two Requirements Treatment and Early Skill Development Attend Drug Court sessions every two weeks or as directed. Complete all assignments. Attend all sessions, classes and support groups. Be current with treatment recommendations. Comply with any requirements of the Department of Corrections. Maintain frequent contact with sponsor. Be up to date on Drug Court fee payments and develop a plan and begin payment towards fines, court costs and other court ordered financial obligations. Sponsor must provide verbal and written recommendation for phase advancement. Have a minimum of 30 days of negative drug tests and be in compliance with the program for 30 days before advancing to Phase Three. Any other conditions determined by the team. Phase Two is a minimum of 120 days Pierce County Policy and Procedures Manual, September

7 Phase Three Requirements Skill Development and Transition Attend monthly Drug Court sessions or as directed. Complete all assignments. Attend all sessions, classes, support groups. Be current with treatment recommendations. Comply with any requirements of the Department of Corrections. Maintain contact with sponsor. Be up to date on Drug Court fee payments and pay all court ordered obligations. Sponsor must provide verbal and written recommendation for graduation. Have a minimum of 30 days of negative drug tests and be in compliance with the program for 30 days before graduation. Any other conditions determined by the team. Phase Three is a minimum of 180 days *** Time in jail which exceeds 14 consecutive days or inpatient or residential treatment longer than 10 consecutive days will not count towards phase advancement. This includes time served as a condition of probation. Time in custody which is spent on an electronic home monitoring system will be counted towards phase advancement. IX. GRADUATION CRITERIA Participants must complete all phase requirements of the Drug Court program and be approved by the Drug Court Team to be eligible for graduation. Once a participant is approved for graduation, a ceremony will be scheduled to take place following the final drug court session. Family members, friends, sponsors, and other supportive individuals are encouraged to attend the graduation ceremony. Following graduation, the Drug Court Coordinator will obtain the graduate s input through an exit interview. Results will be maintained in the Drug Court Tracking System. Pierce County Policy and Procedures Manual, September

8 X. SANCTIONS AND INCENTIVES Sanctions are the imposition of a consequence, perceived as a negative by the receiver, as a direct result of a prohibited activity. Sanctions in Pierce County Drug Court may include, but are not limited to: Verbal warning or admonishment by the Judge A writing assignment or workbook Increase in drug testing Increased attendance at Drug Court sessions Placement in an earlier Drug Court Phase or repetition of a phase Community service assignments Curfew restrictions Loss of privileges, for example, driver s license, fishing license, etc. Imposition of suspended court fees Warrant for arrest Electronic home monitoring Jail time Termination from the Drug Court program Incentives are responses to compliance, perceived as positive, by the receiver. Incentives in Pierce County Drug Court may include, but are not limited to: Recognition by the Judge Tokens of progress Certificates of recognition or completion Certificates of advancement Recreational activities Advancement to the next Drug Court phase Gain of privileges, for example driver s license, fishing license, etc. Decrease attendance at Drug Court sessions Reduction in court fees Dismissal or reduction of charges Graduation Pierce County Policy and Procedures Manual, September

9 XI. TERMINATION CRITERIA Termination from the Drug Court may occur for various reasons including, but not limited to: Noncompliance with rules and procedures. Arrest and/or conviction on new charges. In general, assaultive or violent crimes or behaviors will result in termination. Any new arrest and/or conviction will be reviewed on a case by case basis by the Drug Court Team. Any issue or behavior that would have disqualified the participant from eligibility. Failures to appear as scheduled for court, treatment, support groups or other programming. Any other grounds that the Drug Court Team finds sufficient for termination. XII. PROCESS FOR TERMINATION Any member of the Drug Court Team may make a Motion for Termination. The participant will be notified that there is a motion for termination and will have an opportunity to address the Team. The Motion for Termination will be discussed at the next staffing of the Team and termination will be decided by majority vote. The Judge does not vote on termination. If the Team votes in favor of termination the participant will be notified at in court of this decision. Coordinator will send a letter to participant and probation to notify of the Team s decision. (Updated ) XIII. DRUG TESTING Drug testing includes testing for alcohol as well as all other controlled and mood altering substances. Testing methods may include: urine blood preliminary breath testing hair follicle saliva transdermal alcohol monitors sobrietor All drug testing will be based on individual profile of alcohol and drug use history. Drug testing will include random testing throughout the duration of the Drug Court program. Pierce County Policy and Procedures Manual, September

10 Upon entry to the program participants will be assigned a color. Participants will be directed to call in daily to a voic system which will indicate whether they are required to test on any particular day. Participants will be given direction on where and when to test. Participants may also be required to test with probation, treatment providers, law enforcement and the program coordinator. All alcohol and drug testing will be directly observed. Same sex personnel will observe urine collections. Participants must promptly comply with the drug screening procedure if directed to test. If a sample is not produced, is not of sufficient quantity, or is adulterated in any way, it will be treated as a positive sample and reported to the Drug Court Team. If participants fail to appear to test on time or do not appear, it will be treated as a positive test. At the participant s request, a positive sample will be sent to the laboratory for confirmation testing. Lab costs for positive results will be charged to the participant. Lab costs for negative results will not be charged to the participant. *** Unscheduled tests may happen at any time of day and may be performed by the coordinator, probation or law enforcement. Pierce County Policy and Procedures Manual, September

11 XIV. CONFIDENTIALITY During screening for eligibility for the program, Drug Court participants will be required to sign a release of information authorizing the disclosure of health, medical, mental health, AODA, criminal, employment, and educational records to the Drug Court Team. This form will be updated as necessary for the duration of the program. Failure to sign a waiver of confidentiality will result rejection or termination from the program. The Drug Court session is open to the public. Drug Court Team meetings are closed to the public. Occasionally guests may be permitted to attend team meetings for training purposes or orientation to the drug court process. Guests will be required to complete a Confidentiality Statement Form. The completed, signed forms will be kept in the Drug Court records for future reference. Pierce County Policy and Procedures Manual, September

12 XV.GOALS AND OBJECTIVES GOAL 1: To promote self sufficiency by reducing drug and alcohol abuse through drug, alcohol and addiction treatment Objective #1: At least 80% of participants in Drug Court services will reduce the frequency of alcohol and other drug use as measured by urinalysis testing results. Output Measures: Number of drug tests conducted Number of positive urinalysis tests Objective #2: At least 65% of the eligible participants will complete the program successfully. Output Measures Number of offenders eligible to graduate Number of offenders completing the program Objective #3: All of the participants who successfully graduate will have a long term sobriety plan. Output Measures: Number of long term sobriety plans developed GOAL 2: To refer participants to an integrated program of drug and alcohol treatment, drug and alcohol abuse education and rehabilitation services. Objective #1: All of the participants referred will be actively receiving drug and alcohol addiction treatment at any given time as measured by treatment provider verification reports. Output Measures: Number of participants referred to treatment Number of participants participating in substance abuse treatment Objective #2: At least 90% of the participants who have completed Drug Court will be employed upon graduation as measured by case management employment verification reports. Output Measures Number of participants employed full-time Number of participants employed part-time Objective #3: At least 50% of the graduates with less than a high school degree will earn a GED as measured by educational verification reports. Output Measures Number of participants with less than a high school degree Pierce County Policy and Procedures Manual, September

13 Number of participants earning a GED during the program GOAL 3: To promote public safety by reducing recidivism. Objective #1: No more than 5% of the participants who graduate from the program will be rearrested within one year post graduation. Output Measures Number of person s re arrested within six months post graduation. Number of person s re arrested within one year post graduation. Number of Operating While Intoxicated (OWI) violations. GOAL 4: To examine the cost effectiveness of the program thereby demonstrating cost savings to the taxpayer. Objective #1: To increase savings to the taxpayer by reducing costs to the criminal justice system by 10 percent Output Measures: Costs per arrest Costs of crime related court and legal costs Costs of incarceration in jail and prison Costs of substance abuse treatment Objective #2: Not more than 5% of participants who graduate from the program will have child abuse or neglect allegations filed within one year post graduation. Output Measures Number of persons with investigations of child abuse or neglect Cost of child abuse or neglect investigations Pierce County Policy and Procedures Manual, September