RACINE COUNTY ALCOHOL AND DRUG TREATMENT COURT. Policies and Procedures Manual

Transcription

1 RACINE COUNTY ALCOHOL AND DRUG TREATMENT COURT Revised November, 2011

2 Racine County Alcohol and Drug Treatment Court funded by: Bureau of Justice Assistance Grant Racine County The Dominican Fund Private Donations

3 TABLE OF CONTENTS Steering Committee... 3 Racine County Alcohol and Drug Treatment Court Team... 3 Mission Statement... 4 Goals and Objectives... 4 Structure... 4 Target Population... 4 Eligibility Criteria... 5 Disqualification Criteria... 6 Entry Process... 6 Phases... 7 Incentives and Sanctions... 8 Treatment Protocol... 9 Supervision Protocol... 9 Testing Protocol Evaluation Design... 12

4 STEERING COMMITTEE Racine County Criminal Justice Coordinating Committee consists of the following individuals: Eugene Gasiorkiewicz, Judge and Chair Kevin Brown, Sheriff Department Gregory Bucholtz, Department of Corrections Mike Dawson, Racine County Board Jonathan Delagrave, Director, Human Services Department Andrew Graubard, District Court Administrator Geoff Greiveldinger, Chief of Staff Roseanne Lee, Clerk of Courts Jon Lehman, Corporation Counsel Sean Marschke, Sturtevant Police Department James Ladwig, Racine County Executive Adrienne Moore, 1 st Assistant State Public Defender Michael Nieskes, District Attorney Gerald P. Ptacek, Judge Alice Rudebusch, Judicial Court Commissioner Christopher Schmaling, Sheriff Allan Torhorst, Judge Doug Wearing, Sheriff Department Lisa Yeates, Department of Corrections Cheryl Zimmerman, PhD, Zimmerman Consulting, Inc. RACINE COUNTY ALCOHOL AND DRUG TREATMENT COURT TEAM Judge Gerald P. Ptacek Jennifer Hofmeister, Treatment Court Coordinator/Case Manager Noah Wishau, Assistant District Attorney Mark Cacciotti, Department of Corrections Nancy Smith, Department of Corrections Donny Lomen, Department of Corrections Supervisor Adrienne M. Moore, 1 st Assistant State Public Defender Cheryl Zimmerman, PhD, Zimmerman Consulting, Inc. James Wagner, Treatment provider with Zimmerman Consulting Inc. Shawn Barker, Racine County Sheriff Department Jennifer Madore, Evaluator Mary Jane Whitmore, Racine County Liaison; Director of Behavioral Health Services Page 3

5 MISSION STATEMENT The mission of the Racine County Alcohol and Drug Treatment Court is to improve public safety by providing more intense supervision and service to convicted non-violent alcohol and/or drug offenders with a goal of increasing the quality of both personal and family life for Racine County residents/community. GOALS AND OBJECTIVES Purpose: To provide an alcohol/drug court option to a specified target population of those coming before the court on alcohol or drug related charges. Goal 1: Goal 2: Goal 3: To reduce recidivism and relapse to alcohol and drug use for offenders. Objective: To provide court officials/judicial staff with comprehensive knowledge for decision-making. Objective: To coordinate treatment and case management services. To improve the functioning of offenders with alcohol and drug use/abuse issues. Objective: To provide substance abuse/dependence treatment services to alcohol and drug-involved offenders. Objective: To provide case management services to alcohol and drug-involved offenders. To improve utilization of community resources. Objective: To assess the effectiveness of the Alcohol and Drug Treatment Court. Objective: To reduce the cost of alcohol and drug-related offenses for Racine County residents. STRUCTURE The Racine County Alcohol and Drug Treatment Court identify individuals in need of alcohol and drug treatment resulting from a conviction for drug possession or other alcohol/drug related offenses. Potential participants are identified and placed in the program as a condition of a court-imposed sentence resulting from a negotiated plea agreement. TARGET POPULATION Target population: Individuals who are Racine County residents. Individuals with a second offense for simple THC or cocaine possession conviction, firsttime felony possession offenders. Individuals whose non-violent, minor offenses are a direct result of drug or alcohol abuse. Page 4

6 ELIGIBILITY CRITERIA Individual is a Racine County resident. Assessed with alcohol and/or drug abuse or dependence. Have no prior convictions for violent and prior felony convictions involving weapons. Voluntarily agree to abide by the Racine County Alcohol and Drug Treatment Court program rules. Prior to admission into the program, each potential participant is referred for screening and assessment by a Certified Substance Abuse Counselor. The Treatment Court team makes the final determination regarding who is recommended into the Treatment Court program. Referrals to the Treatment Court can be made by the arresting agency, district attorney, defense attorney, family member, a current treatment provider, or a judge. To qualify for the Program: Racine County resident Substance abuse/addiction Adult (17 years, plus) Prior convictions for alcohol or drug-related offenses Offenses related to alcohol and drug abuse behaviors Disqualified from entering the Program: Non-Racine County resident Violent offender Prior conviction for distribution of drugs for profit Offenses that will qualify the person for the Program: Second offense simple THC or cocaine possession conviction, first-time felony possession offenders. Persons whose non-violent, minor offenses are a direct result of alcohol or drug abuse. Page 5

7 DISQUALIFICATION CRITERIA Criteria for disqualification are as follows: Commission of a violent offense. Failure to attend scheduled Treatment Court hearings, as a result of incarceration. Abandonment of the Treatment Court Program. Evidence of alcohol and/or drug use, drug dealing, assaultive behavior or driving while under the influence of an intoxicant. Any grounds that the Treatment Court finds sufficient for disqualification. A motion for disqualification can be made by any member of the Treatment Court team. The motion is evaluated at the next staffing of the Treatment Court team. Upon a majority vote, a recommendation for disqualification is made. If disqualification is recommended, a hearing is set before a judge. ENTRY PROCESS Participants in the Racine County Alcohol and Drug Treatment Court Program are referred from any Racine County Circuit Court. A prospective participant in the program, as part of a plea agreement, enters a plea in the Treatment Court. Prior to the Court accepting a plea agreement, including participation in the program, a member of the Treatment Court staff conducts a prescreening interview with the offender to determine eligibility. Prior to assessment, the participant signs a release of information form for the Coordinator/Case Manager to begin collecting all of the relevant data. At assessment interview and before sentencing the participant is informed of the Treatment Court program phases, requirements and expectations with an opportunity to have all questions answered. The sentence is imposed by the Treatment Court after the offender has been determined to be eligible for the program. Page 6

8 PROGRAM PHASES Phase 1: 3 to 4 months Mandatory urine drug screen or PBT (Portable Breath Test), weekly, (SCRAM may be added and tests may be reduced later in Phase I, if indicated). Must cooperate and participate in all aspects of the treatment plan. Must be violation free for 30 consecutive days prior to advancement. Must make regular payments toward fees and costs as determined by the court. Must attend all Treatment Court appearances. Must be involved in a self-help program and find a sponsor. Phase 2: 4 to 5 months Mandatory urine drug screen or PBT, weekly, (SCRAM may be used). Must cooperate and participate in all aspects of the treatment plan. Must be employed or involved in employment activities/education. Must be violation free for 60 consecutive days. Must be involved in self-help group 3 times per week. Must attend Treatment Court appearances once every 4 weeks. Must be involved in a self-help program and have a sponsor. Must be making regular payments towards any fees and costs as determined by the court. Phase 3: 5 to 7 months Mandatory urine drug screen or PBT on a weekly basis, or as indicated. Must cooperate and participate in all aspects of the treatment plan. Must be employed or attending school Must be violation-free for 90 consecutive days. Must attend Treatment Court appearances once every 6 weeks. Must be involved in a self-help program and have a sponsor. Must have completed paying all fees and costs. The Racine County Alcohol and Drug Treatment Court Program is 18 months. In some cases the program could take longer than 18 months for successful completion. Page 7

9 INCENTIVES AND SANCTIONS INCENTIVES INCLUDE: Verbal encouragement/handshakes Merchandise donated to the Treatment Court Restaurant certificates DVD rentals Graduation certificates Self-Help Recovery books Bus passes Reduced court appearances Early phase promotion/phase development Reduction of testing Restoration of lost privileges Movie tickets Reductions in sanctions/fines/other penalties Public graduation and advancement ceremonies SANCTIONS INCLUDE: SCRAM One-day work release program Essays Termination from program Additional drug screening Electronic monitoring Increased supervision Journaling Home visits increased Restrictions on movements Curfews Return to previous program phase Community service work Daily reporting Verbal chastisement from the bench Jail time Extension of probation Page 8

10 REASONS FOR TERMINATION: Falsifying a drug screen Threats against other participants or staff New serious criminal charges Chronic non-compliance Refusal to complete recommended treatment Negative attitude impacting other participants Revocation by the Department of Corrections GRADUATION CRITERIA: Completion of all three phases of the program Completion of all jail time Full payment of any fines and restitution Completion of any court orders Completion of probation or be in good standing TREATMENT PROTOCOL Participant undergoes a comprehensive assessment that includes a social, criminal, AODA treatment, and mental health history, with a review of available records and diagnostic impressions. Participate in alcohol and/or drug treatment, based on assessment and treatment planning, for a minimum of 12 months. Treatment may be extended, if there are unmet treatment needs. Individual counseling and/or group therapy and education. Intensive interventions 3 to 5 days per week. The therapeutic approach is evidence-based treatment. Referrals to other services. Treatment providers are dedicated to the Racine County Treatment Court Model. Provider is state certified AODA facility with CSAC (Clinical Substance Abuse Counselor) staff. Mental health consultation or services are accessible. SUPERVISION PROTOCOL Case management is provided by the Department of Corrections and Treatment Court Case Manager and report to the Treatment Court team. Case Manager reviews treatment compliance and reports to the Treatment Court team. Case manager develops a network of qualified providers for treatment needs. Case management includes an opportunity for the participant to respond to or negotiate program goals. Case manager maintains clear written and verbal communication among all team members in a standardized format. Page 9

11 TESTING PROTOCOL The Treatment Court Team has determined that consistency with testing procedures and consequences for positive results are critically important. The Treatment Court Team agrees with the research that indicates immediate consequences have a better treatment effect. Therefore the following statements, procedures and consequences have been developed to address these concerns. GENERAL DRUG / ALCOHOL STATEMENTS 1. Each new Treatment Court participant will provide an initial UA sample to be sent for a full screen lab test. The results from this screen will provide the baseline for future testing. There will be no sanctions for a positive baseline test. 2. Failure for a Treatment Court participant to show for a test or failure to provide a sample for a test within the timeframe given is considered a confirmed positive and will be treated as such. 3. Confirmed attempts at tampering will be sanctioned more harshly and this includes but is not limited to dilution as confirmed by a lab. 4. Any variation of synthetic marijuana, any drug not approved by probation, and any nondrug designed to alter moods (i.e., bath salts) are not allowed and will be sanctioned if use is confirmed. 5. Drug / Alcohol Testing may be completed by Department of Corrections (DOC), Zimmerman Consulting, Inc. (ZCI), or any treatment provider. Copies of all test results will be forwarded to the DOC Agent so that there is a central file where all test results are located. 6. Subsequent to the initial lab test for the base line, drug tests will be on-site and instant tests will be used. All positive tests from the instant test will be assumed correct; however, the Treatment Court participant may contest a positive test result from an instant test. 7. Test results that may be sanctioned must meet legal standards so that the participant has the ability to contest the result. Legal standards means the urine sample will be sent to a lab from the agency following chain of custody procedures. DRUG / ALCOHOL TESTING PROCEDURES 1. INITIAL TESTING Subsequent to the Hearing which legally places the participant into Treatment Court, an initial UA sample will be collected and sent to a lab for a full screen test. This provides a base line from which to compare future test results and will not be sanctioned. 2. TYPES OF TESTING There will be 4 types of testing: regular weekly testing, random testing, spot testing, and alcohol testing. Alcohol testing may be a part of the urine screens or may be completed through a breathalyzer. Regular weekly testing will generally be completed by DOC. In addition, treatment programs may test weekly or per the policies of the treatment program. Random Testing will be completed weekly or bi-weekly for Treatment Court participants who are living in the community. This may not necessarily apply to those living in group homes; DOC agent will make the decision on who is appropriate for testing. Page 10

12 There will be 2 options for determining the random sample. Option one will typically be used during the week that there is no Treatment Court, option two will typically be used during the week when there is Treatment Court. For the first option, names of all eligible Treatment Court Participants will be written on separate cards. All cards will be placed into a container. Each time there is to be a Random Test using this method, approximately 10% (generally 2-3) of those eligible will be blindly drawn from the container. This activity will be completed by DOC. For the second option, Treatment Court Participants names will be written on a piece of paper with a number assigned to each name. Each number will be then written on a separate card. All cards will be placed into a container. During a Treatment Court Hearing, one Treatment Court participant will be called to draw approximately 10% (generally 2-3) of the cards in the container. The DOC agent will later match the number on the card to list of names and will then know who will be called in for a random test that week. DOC will contact the Treatment Court participant and will tell him/her when and where to go for the random test. Random tests will be completed at DOC or ZCI. Spot Testing will be completed at the same time as random testing. Treatment Court participant names will not be chosen randomly, but will be identified by the DOC agent. Treatment Court Team members may contact the DOC agent to request spot testing. The Spot testing will then follow all of the procedures of the random testing. POSITIVE TEST PROCEDURES 1. When an Instant Test is completed by DOC, which is positive for THC, Cocaine, Amphetamines, or Methamphetamines, the test result will be considered positive. 2. When an Instant Test is completed by DOC, which is positive for Benzodiazepines or Opiates, then DOC Agent will get the UA sample with paperwork to ZCI or ZCI will collect and ZCI will send to the lab for confirmation prior to determining positive or negative. This will allow the lab results to be returned within 48 hours. POSITIVE TEST CONSEQUENCES 1. Once in Treatment Court, if an instant test result is positive, the Treatment Court participant may be sanctioned. For participants who have started treatment services and who test positive from an instant test, they will be sanctioned. In addition to reviewing the treatment needs of the participants, sanctions will be considered and determined by the behaviors surrounding the usage event and behaviors and honesty following the usage event. There are many sanction options, but a sanction could include up to 2 days in jail for inappropriate behaviors. 2. The Treatment Court participant has the option of contesting a positive test result. First, the Treatment Court participant must tell DOC Agent that he/she is contesting the result immediately after being told there is a positive result. Second, the Treatment Court participant must prepay $48.00 for the lab fee to DOC or to ZCI within 7 days of being told there is a positive result. If the payment is not made within the 7 days then the participant loses his/her ability to contest the drug test result and the original positive result stands. Page 11

13 If the Treatment Court participant is contesting a positive instant test result for Marijuana, Cocaine, Amphetamines, or Methamphetamines, the sample will be sent to the lab for the first lab test. If the Treatment Court participant is contesting a positive result for Benzodiazepines or Opiates, then the lab will complete a GC/MS test. If the lab result is negative and tested by DOC then DOC will apply the money to other fees owed, or if tested by ZCI then ZCI will return the money to the participant and will bill Treatment Court for the lab fee. If the lab result is a confirmed positive then the Treatment Court participant will be sanctioned to 10 days in jail which would be straight 10 days, weekends, or any structure totaling 10 days as determined appropriate by the Treatment Court Team. 3. A confirmed tampering of a test will result in double the sanctions of a positive test result, which means that if the participant does not contest, he/she will go to jail for 4 days, and if he/she does contest and the tampering is confirmed then he/she will go to jail for 20 days. 4. If positive and not contested, the DOC Agent will place a warrant for the following week unless there is Treatment Court scheduled that week prior to the weekend. 5. If positive and contested, the consequences will be ordered during a Treatment Court Hearing. EVALUATION DESIGN Outcome Evaluation Project Goal: To reduce recidivism and relapse to alcohol and drug use for offenders. o Objective: To engage offenders in judicially supervised structured treatment and other services. o Objective: To assess the effectiveness of the Treatment Court. Process Evaluation Project Goal: To collect data on characteristics of clients enrolled in the Treatment Court. Project Goal: To collect data on program operations of the Treatment Court. Project Goal: To provide accurate descriptions of data sources, measures and time frames for data collection. Page 12