Yakima County DUI Court Program Participant Handbook

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1 Yakima County DUI Court Program Participant Handbook Modified April 2013

2 A Program of Yakima County District Court Yakima County District Court DUI Court Program Dear Participant, Welcome to the Yakima County District Court DUI Court Program. You are about to begin a process of renewal, a process which will benefit you, your loved ones and the community. The tools you learn will help you establish and maintain a life free of alcohol and drugs. In taking these steps you will improve the quality of your life as well as the safety and security of our community. This handbook has been created to give you a full explanation of the DUI Court Program, so you can make an informed decision before entering the program and also prepare you to comply with the conditions of this program. Everything the DUI Court Program asks you to do and not do, contributes to your success at remaining alcohol and drug free. The entire DUI Court team is committed to your success and will do all they can to support your positive efforts. Ultimately, it will be your hard work, determination and your willingness to honestly confront your past that will determine whether you will be successful. We wish you the best and good luck in your program. Sincerely, Page 2

3 Introduction This handbook is designed to provide detailed program information about the Yakima County DUI Court, a program of Yakima County District Court. This handbook will explain in detail what is expected of you as a DUI Court participant. You are encouraged to share this handbook with family and friends. You are expected to know the information contained in this handbook to maintain compliance in the DUI Court Program. The mission of the Yakima County DUI Court is to promote public safety through intensive court monitored treatment and assistance of high risk repeat DUI offenders by utilizing a collaborative approach which demands accountability of the offenders, court and treatment providers while focusing on public safety and a measurable reduction of DUI offenses. If your questions are not answered in this handbook, please do not hesitate to ask your treatment provider, case managers, DUI Court coordinator, or your attorney. The information contained in this handbook may change from time to time without prior notice and should not in any way be considered a binding agreement between you and Yakima County DUI Court. You will be notified of changes by paper notice or through your case manager. Page 3

4 Program Description Yakima County DUI Court is a court-supervised comprehensive program for non-violent, chemically dependent, gross misdemeanor defendants. DUI Court is a special court that processes qualified alcohol-using offenders through supervision and treatment. This is a voluntary program that includes regular court appearances before a designated DUI Court Judge who oversees your progress and compliance. Treatment services will be through Merit Resource Services, 315 N. 2 nd Street, Yakima, Washington. Merit Resource Services will complete an intensive assessment prior to final acceptance into DUI Court. After acceptance into DUI Court, you will be placed into the appropriate treatment program. Additionally, a probation case manager will be assigned to you. Your probation case manager will monitor your individual plan as well as compliance with treatment and the rules of the DUI Court Program. Your probation case manager will also perform random breath tests, urinalysis tests and home visits. DUI Court consists of four separate phases; the normal length for the first three phases is five months the final phase being three months with completion expected within eighteen months from the date of acceptance. Treatment may include the following: Detoxification and Stabilization Referral and Monitoring Chemical Dependency Treatment Groups Urinalysis and Breathalyzer Tests Individual and Group Counseling Substance Abuse Education Moral Reconation Therapy (MRT) Family Program Relapse Prevention Specialized Treatment Tracks Regular Attendance At 12-Step Self-Help Meetings as Instructed by the DUI Court Team Participation in Other Recovery and Support Groups In partnership with Law Enforcement Agencies, officers will make random home visits and report to the DUI Court team your living situation and people you are associating with. They will Page 4

5 visit your residence without appointment and will report to the DUI Court Team their findings. Other community agencies partner in the DUI Court Program to provide services, education, and treatment support. The goal of the Program is to have you become a productive member of your community by living responsibly, obeying laws, and being alcohol free. The DUI Court Judge will have full jurisdiction over the entire Program. DUI Court Supervision You are required to appear in DUI Court on your appointed date and time. Each time you appear in DUI Court, the DUI Court Judge will be given a progress report, which has been prepared by your DUI Court case manager for the DUI Court Team regarding your treatment plan, attendance and participation in the various DUI Court services, and results of urinalysis and breathalyzer tests. The DUI Court Team will be informed about payment of court imposed fees and restitution. Your probation officer will provide reports as requested by the DUI Court Team regarding your living arrangements and circumstances of participants. The DUI Court Judge may ask you, or your treatment provider, or your probation case manager questions about your progress and accomplishments and discuss any specific problems you have been experiencing. An individualized case plan will be developed to address treatment, employment, counseling, living circumstances, education and financial need. In regards to housing your case plan may include changes to your living circumstances that may mean you cannot live with family members. It is important to your success in DUI Court that you are living in clean and sober environment and associating with people in recovery. Your probation case manager will discuss your progress and may refer you to community resources for assistance in addressing your needs. If you are not progressing at an appropriate pace, the DUI Court Judge will discuss this with you and the DUI Court Team to determine further action. The goal of DUI Court is to help you achieve total abstinence from alcohol and drugs and to break the revolving door cycle of alcohol and crime. The DUI Court Judge may change the requirements of your treatment plan and the length of time you spend in each phase based upon your progress. The DUI Court Judge may also impose sanctions for noncompliance. The goal is for you to be alcohol and crime free. Page 5

6 DUI Court Procedures You, your attorney, the assigned Prosecutor, the DUI Court Prosecutor and DUI Court Defender will decide if your case meets DUI Court criteria for referral into DUI Court. The DUI Court Prosecutor and DUI Court Defender will process the referral and then will decide whether to forward your case for review and evaluation by Merit Resource Services. Once the treatment screening and assessment are completed by Merit Resource Services, the DUI Court Team, will review your case and determine if you are accepted. If accepted, your attorney will prepare the DUI Court paperwork for acceptance and appear at the acceptance hearing with you. You will be required to give up your right to keep this assessment information confidential. It must be shared with the DUI Court Judge, your attorney, and the DUI Court Team. Recognition of success will be made with incentives. The incentives used in DUI Court are selected based on client input and are purchased through DUI Court fees. Recognition of accomplishments such as moving to the next phase of the program, completing MRT, or completing your educational goals will be made with redeemable cards or certificates for items such as; movies, coffee, pizza, and books. Treatment Plan An initial treatment plan will be developed mutually between you and your treatment case manager and signed by both of you. A copy will be given to you and the original will be placed into your DUI Court file. Treatment plans will be specific, detailed, individualized, time-linked, and re-evaluated often. The scheduling of treatment will be subject to change as you move through DUI Court. Your treatment Program takes priority. This means it is more important than work, school, other appointments, or leisure. You will be required to be involved in DUI Court on a daily basis or seven days per week and your schedule must be arranged to meet this requirement. DUI COURT PHASES DUI Court is comprised of four separate phases. You will be required to complete all four phases within eighteen months from date of acceptance. The phases are designed to develop self-awareness, realize self-worth, teach responsibility, and accountability. Emphasis is made on effective thinking and decision-making skills. Page 6

7 PHASE I - FIVE MONTHS You must: Complete a pre-determined amount of days in custody. The DUI Court Judge will determine the amount of days in custody you will need to serve. Your attorney will advise you of the days prior to you entering into the program. Attend and comply with Alcohol Dependency Treatment Program and/or any other treatment recommended by your treatment case manager or treatment provider. Appear weekly in DUI Court or as required by DUI Court Judge. If just recently released from in-custody, you will be required to appear at the next DUI Court session. DUI Court is every Tuesday afternoon at 3:00 p.m. Attend and participate in five AA meetings a week or as recommended by treatment case manager. Call UA Color Line daily for random UA. Attend and participate in face to face appointments with your probation case manager no less than two times a week or as directed by your probation case manager. You will be subjected to random home visit(s) as recommended by DUI Court Program Team. Complete a financial screening with treatment case manager. Seek and obtain a sponsor approved by your treatment case manager. You and your sponsor will meet weekly. Live in clean and sober housing approved by the DUI Court Team. Use an alcohol monitoring device equipped with camera to be determined by DUI Court Team. Use Ignition Interlock Device as directed by DUI Court Team. Prior to promotion to next phase you must: Write an essay indicating why you should be promoted to Phase II. Essay should include accomplishments achieved to this point, sanctions and behaviors changed to overcome possible repeat behavior. Page 7

8 Not have incurred any DUI Court Program violations thirty days prior to promotion to next phase. Not have incurred new traffic violations. PHASE II 5 MONTHS You must: Continue to comply with requirements of Phase I with the following modifications: Appear for DUI Court every other week. Will have face to face visits with your probation case manager one to two times a week or as otherwise recommended by the DUI Court Team. In addition: Attend and participate in Moral Reconation Therapy. Obtain a tax-paying job and /or have parenting responsibilities, or combination of both and provide a copy of employment pay stub. Begin any educational requirement determined necessary by your probation case manager and the DUI Court Team. Verification of enrollment and attendance will be required. Prior to promotion to next phase you must: Write an essay indicating why you should be promoted to Phase III. Essay should include accomplishments achieved to this point, sanctions and behaviors changed to overcome possible repeat behavior. Not have incurred any DUI Court Program violations thirty days prior to promotion to next phase. Not have incurred new traffic violations. Payment of at least $ toward DUI Court Program Fee, restitution and/or costs incurred as a result of your participation in the program. Page 8

9 Phase III - 5 months You must: Continue to comply with requirements of Phase 1 and 2 with the following modifications: Appear for DUI Court once a month. Meet with probation case manager once a week. In addition: Attend Victim Impact Panel. Continue to be employed with copy of pay stub being filed and/or if enrolled in educational Program verification of attendance or completion will be required. Continue to attend and participate in Moral Reconation Therapy. Prior to promotion to next phase you must: Write an essay indicating why you should be promoted to Phase IV. Essay should include accomplishments achieved to this point, sanctions and behaviors changed to overcome possible repeat behavior. Not have incurred any DUI Court Program violations thirty days prior to promotion to next phase. Not have incurred new traffic violations. Payment of at least $ toward DUI Court Program Fee, restitution and/or costs incurred as a result of your participation in the program. Completed 40 hours of community service at an approved nonprofit location. Phase IV- 3 months You must: Successfully have completed treatment. Have six continuous months of drug and alcohol abstinence as measured by urinalysis and breathalyzer test results. Page 9

10 Completed six continuous months of full-time employment, full-time school attendance, a combination of work and school or three continuous months of full-time parenting with care of children, or part-time work or school together with parenting responsibilities. Have graduated MRT. Attend and participate in three AA meetings weekly. Maintain weekly meetings with quality sponsor. Continue to submit to random urinalysis or breath tests. Continue to meet with probation case manager once a month. Have paid all restitution/cost recovery costs, DUI Court Program fee and any other costs incurred and required to be paid prior to graduation. Attend and participate in monthly Drug or DUI Court Alumni Meetings. Participate in an exit interview with DUI Court Team. Completed 40 hours of community service hours. Page 10

11 Urinalysis Testing and Breath Testing You will be randomly tested throughout the entire program. Your initial baseline is provided during the screening and assessment process. Every urinalysis test shall be observed and monitored by a technician. Your treatment provider will administer random testing. The DUI Court Judge and DUI Court Team will be informed immediately of all urinalysis and breath test results including positive tests, refusals to test, missed tests, and diluted tests. A refusal, diluted, or missed test will be considered a positive alcohol screen. Any attempt to adulterate or falsify a test result will be considered a positive alcohol screen. It is important that you eliminate association with family members, friends, or situations in which alcohol or drugs are in use. Part of your change toward sobriety is the association with clean and sober people. Social situations, work contacts, and residences will be reviewed to know that there are clean and sober activities occurring. Any living situations that are questionable will be checked on and reported to the DUI Court Team by your probation case manager in partnership with Law Enforcement Agencies. Abstinence from alcohol, other drugs, and mind altering substances also means avoidance of non-alcohol malt beverages, certain over-the-counter medications, certain foods, and alcoholbased mouthwash, hand sanitizing products, and cosmetics. 12-Step Self-Help Attendance will be required at 12-Step self-help meetings as instructed by the DUI Court Team or other available and relevant groups. Frequent attendance is particularly important at the beginning of your recovery process to help familiarize you with the 12-Step philosophy. It is also very important for you to find a qualified sponsor. Your sponsor will support you and help you work the steps. Your sponsor will also help you to develop a level of trust and to learn how to create healthy social bonds with other recovering addicts. You will be provided information regarding the days, times, and locations of 12-Step meetings, other support groups, and special interest and recovery events in the community. Page 11

12 Educational, Vocational, and Employment Programs Recovery from substance addiction means developing self-sufficiency and becoming a responsible and accountable person who contributes to the community. Prior to graduation from the DUI Court, you will be expected to be employed at least six months and/or involved in an educational or vocational training program. You will be assisted in obtaining an assessment of your needs and skills and will be referred to the proper agencies for education, training, and job placement. If you are eligible, you will be assisted in learning about and applying for, school loans, grants, or other financial assistance. The job or education program must be with a recognized employer or educational/vocational program. Detoxification and Inpatient Treatment If you are in need of detoxification services, your dependency treatment counselor will make a referral. Upon assessment your treatment placement may be intensive outpatient, inpatient or long-term residential. The DUI Court Judge has the final approval of your treatment placement. Inpatient treatment may be considered for failure to comply with your treatment plan. Special treatment arrangements can be made for pregnant women. Housing and Social Contacts Your case plan may include changes to your living circumstances that may mean you cannot live with family members or friends. You may be required to live in clean and sober housing that is preapproved by the DUI Court Team. If you live with family members or friends, they will be expected to be clean and sober. If you live in a clean and sober house, you will be expected to follow the regulations of the clean and sober house in addition to DUI Court rules. If you plan to move from your residence, the move is required to be preapproved by the DUI Court Team. Specially trained law enforcement officers, in partnership with the DUI Court Program will make unannounced visits to your residence and report findings to the DUI Court Team. The purposes of these visits are to ensure your compliance and report your progress. Page 12

13 It is important that you eliminate association with family members, friends, or situations in which alcohol and/or drugs are in use. Part of your change toward sobriety is the association with clean and sober people. Social situations, work contacts, and residences will be reviewed to know that there are clean and sober activities occurring. Remember that your associations largely influence your life, and change in your social contacts is essential to your sobriety and success in DUI Court. Community Services Upon entry into the DUI Court Program you will be assessed for your general health and living needs and, when appropriate, referred to a local, county or state agencies for assistance. If you are in need of other specialized services to maintain stability and continue to make progress in treatment, you will be assisted in obtaining such services. Some examples of services and resources may include: Financial assistance such as food stamps, medical coupons, and child care Mental health services Family services, family counseling, parenting classes Health, wellness, and nutritional assistance Emergency shelter, transitional housing including clean and sober housing Transportation assistance Life, survival skills, and anger/stress management Services for special needs populations, cultural/ethnic groups GED or ESL tutoring College courses and scholarships Community service programs to fulfill sanctions Spiritual groups or church programs of client choice Relicensing Program for Driver s License reinstatement Connections to employers and job skill training including resume writing. Page 13

14 Program Rules You will abide by the following rules. 1. Attend all ordered treatment sessions. This includes individual and group counseling, educational sessions, 12-Step self-help meetings, or other meetings conducive to your recovery. If you are unable to attend a scheduled session, you must contact your treatment provider or treatment case manager as soon as possible. Few excuses will be accepted and an additional fee will be assessed by the alcohol dependency treatment provider for failure to attend. 2. Be on time. If you are late, you will not be allowed to attend and will be considered noncompliant. This means be on time for; school/employment, treatment, counseling sessions, one and one with case managers and Court. You must make contact with the appropriate contact if there is a possibility you may be late. You will be given names and office phone numbers of other individuals to contact any time you anticipate being late or absent. Generally, only a medical matter with a physician s note is considered a reasonable excuse. 3. You are expected to be polite and respectful to staff and peers at all times. Maintaining appropriate behavior shows the progress you are making toward your recovery. Participant s children are expected to be quiet and under the control of the parent while in the courtroom or at other agencies. 4. Dress appropriately for DUI Court hearings and treatment sessions. Shoes must be worn at all times. Clothing bearing drug or alcohol-related themes, promoting or advertising alcohol or drug use, or gang affiliation is considered inappropriate. Sunglasses are not to be worn inside DUI Court unless medically required. Shorts, cut-off pants, midriff tops, and flip-flops are not acceptable clothing. Your alcohol dependency treatment provider can provide clothing assistance and further instruction if needed. 5. Your attitude and behavior are important at all times. Do not make threats towards other participants or staff or behave in a violent or inappropriate manner. Violent or inappropriate behavior will not be tolerated and will be reported to the DUI Court Team. This shall result in termination from the program. Page 14

15 6. Your social and work associations are expected to be clean and sober people. Work at restaurants and other businesses that bring you into contact with alcohol or drugs are to be avoided. 7. Inappropriate sexual behavior or harassment towards other participants or staff will not be tolerated. Any sexual contact or over involvement among DUI Court clients is grounds for termination from the program. 8. Cell phones and pagers are to be turned off when you are in the courtroom or while you are participating in any treatment or case management session. 9. Receiving another criminal charge or committing criminal acts while a participant in DUI Court Program will be immediate grounds for termination from DUI Court Program. Report within 72 hours any contact with law enforcement to probation manager. 10. Submitting forged 12-step/community service forms will be grounds for termination from DUI Court, this includes leaving meetings early. 11. A written request to travel out of county must be filed in the DUI Court file 7 days prior to travel with final consideration made by the DUI Court Judge. No out of county travel allowed while in Phase 1. Travel requests while in Phases 2 and 3 will be considered on a case by case basis. 12. You must fill out a Change of Circumstances form and submit to your probation case manager every time there is a change in your address, phone number, employment, or sponsor and must be submitted within 72 hours of the change(s). Compliance and Accountability 1. Attendance Mandatory attendance is required for all DUI Court appearances and DUI Court services unless you have documentation from a physician, a verifiable legal issue, or other set of circumstances that are acceptable to your alcohol dependency treatment provider, your case manager, and the DUI Court Program Judge. 2. Financial Responsibility You must pay court-imposed fees and restitution where applicable as set by the DUI Court Program Judge. Payment of all fees is viewed as a therapeutic component of your treatment plan and you will be held accountable. A ceiling of $1500 for restitution/cost recovery where applicable along with your $ DUI Court Program fee must be paid in accordance with the schedule outlined in the contract and this handbook in order to graduate. Page 15

16 3. Participation - All DUI Court Program services require active participation and selfdisclosure. Attendance alone does not equate to participation and Program compliance. For example, failure to work on and complete workbook exercises in Moral Reconation Therapy or other treatment homework assignments may result in a Special Treatment Contract agreed upon between you, your treatment provider, your case manager, and the DUI Court Program Judge. 4. Contract Compliance - You will be expected to abide by all of the conditions set forth in the DUI Court Program contract, the treatment plan, and any other DUI Court Program conditions including direction from the Judge. Violation of any terms will immediately be reported to the DUI Court Program Judge who will make the final decision regarding a course of action. 5. Housing Requirements - You must have prior approval from the DUI Court Program Judge or probation case manager to be away from the home overnight. You may also be required to follow curfew requirements. You are expected to participate in upkeep of the home. You must be pre-approved by the Court to move to a different residence. You may have unannounced visits from law enforcement and/or Yakima County Probation Services. You must notify your probation case manager immediately if you ve been evicted from your home or clean and sober housing. 6. It is important to recognize that engaging in any criminal activity is a violation of the DUI Court Program Contract and can be immediate grounds for termination from DUI Court Program. Program Accountability Accountability has proved to be the single most important aspect to treating alcohol addicted offenders. Consistent accountability with guidelines and consequences clearly defined are a must. In addition, a strong working relationship with your alcohol dependency treatment provider and DUI Court case manager will aid in your accountability. Honesty, being on time, knowing the program requirements, self-reporting, and communication are tools of accountability and success in the DUI Court Program. Page 16

17 Sanctions and Incentives You will be sanctioned for violating DUI Court Program rules and individual requirements. It is the intent of DUI Court Program to treat all participants with consistency. There are a wide range of sanctions that the DUI Court Program Judge could impose, ranging from verbal reprimand to termination. A positive urinalysis or breath test can raise the possibility of jail time or commitment to additional community service hours. Repeated violations of any rule will result in more intense sanctions. The number of sanctions will be monitored with a maximum that will bring termination notice. You will be rewarded for accomplishments in DUI Court Program. It is the intent of the DUI Court Program Judge to recognize effort and program benchmarks. Incentives may include movie passes, coffee coupons, pizza gift cards, books, or other items of participant interest. Moving up to the next phase will be rewarded. Accomplishing your GED, getting a job, MRT, obtaining a driver s license, reaching 60 days of employment, or completing inpatient or IOP treatment will be recognized. Termination The DUI Court Program Team and Judge will review your progress and compliance in all DUI Court Program phases. If you have continual non-compliance issues or rule violations, a termination notice will be given by the DUI Court Program Judge. Termination notice will give the participant the opportunity to get back into compliance and make forward progress in the DUI Court Program. Continued non-compliance will result in termination from the DUI Court Program. New criminal activity, charged or alleged, inappropriate behavior with DUI Court Program team members or other DUI Court Program participants can result in immediate termination from the DUI Court Program. Upon termination from DUI Court Program, you will be remanded back to jail and a sentencing hearing will be scheduled. Your original attorney will handle the sentencing. A positive urinalysis or breath test will result in a sanction which could include the imposition of jail or additional community service hours. Page 17

18 Graduation Once you have successfully completed phase 4 of the DUI Court Program, and written documentation verifies and confirms that all of the goals and objectives defined in your treatment plan have been accomplished, the DUI Court Judge and DUI Court Team will determine if all conditions of graduation have been met. Requirements for Graduation: 1. Six continuous months of alcohol abstinence as measured by urinalysis and breath tests. 2. Full payment of DUI Court Program fees and restitution, if ordered. 3. Graduation from MRT. 4. Six continuous months of full-time employment, full-time school attendance, a combination of work and school or three continuous months of full-time parenting with care of children, or part-time work or school together with parenting responsibilities. 5. Successful completion of GED, high school diploma, and/or other DUI Court issued requirements. 6. Successful completion of treatment. 7. Completion of 40 hours of community service. 8. Successful completion of exit interview with the DUI Court Team. Each graduation in the DUI Court Program is a significant event. In recognition of the importance of your success, DUI Court will take the time to make graduation ceremonies reflect the significance of your accomplishment. For graduation, there is a party and public recognition. Conclusion DUI Court is based upon the understanding that alcohol dependency is a chronic, progressive disorder that can be successfully treated. The success of this program is built on the fact that the post-arrest period can provide for a particularly good opportunity for treatment and recovery from addiction that will break the alcohol-crime cycle. The DUI Court Team is available to assist you if you have questions or problems. DUI Court desires that you remain in contact with the program in the years ahead and perhaps support or Page 18

19 sponsor another DUI Court participant. The DUI Court Team will support you in achieving total abstinence from alcohol and other drugs and assist you in becoming a productive and responsible person in the community. You must be motivated to make this change and commit to a alcohol-free life. This will be hard work on your part. You are worth the effort. Page 19

20 Resource List Judge Donald Engel Yakima County District Court Yakima County Courthouse 128 N. 2 nd St Yakima, WA Therese Murphy, Program Manager Yakima County District Court Yakima County Courthouse 128 N. 2 nd St Yakima, WA Lorena Arias, Program Coordinator Yakima County District Court Yakima County Courthouse 128 N. 2 nd St Yakima, WA Yakima County Department of Assigned Counsel 311 N. 4 th St Yakima, WA Yakima County Prosecuting Attorney Office Yakima County Courthouse 128 N. 2nd St Yakima, WA Merit Resource Services 315 N. 2 nd St Yakima, WA Page 20

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