The FUNDAMENTALS Of DRUG TREATMENT COURT. Hon. Patrick C. Bowler, Ret.

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1 The FUNDAMENTALS Of DRUG TREATMENT COURT Hon. Patrick C. Bowler, Ret.

2 Drug Treatment Courts A New Way Partner with Treatment Transform Roles Non-adversarial/Team Shared Goal of Recovery Communication Immediate Responses Status Hearing Review Hearing Sanctions and Incentives Team Discussions Treatment Issues of Doing business

3 What is a Drug Treatment Court? The Mission of Drug Courts is to stop the abuse of alcohol and other drugs related criminal activity. Drug Courts offer a compelling choice for individuals whose criminal justice involvement stems from AOD use participation in treatment. Drug Courts transform the roles of both criminal justice practitioners and AOD treatment providers. Drug Courts create an environment with clear and certain rules. The rules Are definite, easy to understand, and most important compliance is within the individual s control. Drug Courts use the leveraged power of the court - the external controls so that the individual can develop the internal controls on the Road to Recovery.

4 How Do We Do It? 10 Operational Characteristics that all Drug Treatment Courts Share as Benchmarks for Performance!

5 10 Key Components Key Component #1: Drug courts integrate alcohol and other drug treatment\ services with justice system case processing. Key Component #2 Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants due process rights. Key Component #3: Eligible participants are identified early and promptly placed in the drug court program. *** Key Component #4: Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services. Key Component #5: Abstinence is monitored by frequent alcohol and other drug testing. Key Component #6: A coordinated strategy governs drug court responses to participants compliance. Key Component #7: Ongoing judicial interaction with each drug court participant is essential. Key Component #8: Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. Key Component #9: Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations. Key Component #10: Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court Effectiveness. ***

6 FUNDAMENTALS A Guide for Drug Courts based upon: The Ten Key Components for adult DTC The Ten Guiding Principles for DWI The Strategies in Practice for juvenile The Common Characteristics for family

7 INTERVENTION The act of intervening, interfering or interceding with the intent of treating or curing a condition. The Criminal Justice System has a unique opportunity to intervene; to identify and (re)habilitate drug involved offenders. The question is: Do we do it EFFECTIVELY?

8 Criminal Justice Referrals source: 2007 SAMSHA Treatment Episode Data Set Source: 2007 SAMHSA Treatment Episode Data Set (TEDS).007 SAMHSA We WWWWwe WeH TSammreatment EpisSource: 2007 SAMHSA Treatment Episode Data Set (TEDS).ode Data Set (TEDSuuu).

9 Fidelity To The Model It is critical to adhere to the 10 Key Components. Why?

10 IT S THE LAW MCL (c) "Drug treatment court" means a court supervised treatment program for individuals who abuse or are dependent upon any controlled substance or alcohol. A drug treatment court shall comply with the 10 key components promulgated by the national association of drug court professionals, which include all of the following essential characteristics: 10 Key Components

11 Drug Treatment Courts Work Reduce Crime Recidivism Rates: Average 8 to 25 % Lower Best Drug Courts: 45% Lower Reductions in Crime: Last minimum 3 years Most Far-Reaching Study: Effects last 14 years Save Money Direct Benefits (measurable cost-offsets): --For $1 spent - $2.21 saved to CJS (221%); --For more serious offenders - $3.36 (336%). Indirect Benefits: Savings Foster Care, Healthcare, Employment, Welfare, etc. ($2 to $27 for every $1) Net Benefit for Community: $3,000 - $13,000 per Drug Court Partiicpant.

12 Research findings are consistent with the following: 1. Drug courts are successful in engaging and retaining offenders in treatment, 2. Drug courts provide more comprehensive supervision of offenders, 3. Drug use is reduced for offenders who participate in drug court, 4. Criminal recidivism is reduced for offenders, 5. Drug courts can generate cost savings, and 6. Drug courts can successfully bridge the gap between multiple publicly funded systems.

13 SUCCESS: Success, but..? Drug Courts Reduce Recidivism Save $$$$$ Save Lives But: Not All?

14 Michigan dwi offender In compliance

15 10 Key Components 1. Integrate treatment in justice system processing 2. Non-adversarial approach/due process rights 3. Targeting Population/ i.d. early 4. Continuum of drug/alcohol services 5. Frequent testing to ensure sobriety (Supervision) 6. Coordinated strategy of responses to client behaviors (case management) 7. Ongoing Judicial interaction 8. Program Evaluation and Sustainability 9. Continuing education 10. Partnerships and Community Engagement

16 Integration of Treatment Perform a Clinical Assessment Alcohol use severity Drug involvement Medical status Psychiatric status

17 Family and social status Alcohol/Drug triggers and cognitions Self-efficacy and motivation for change Level of care placement Employment Education

18 Defining Drug courts: The 10 Key Components MCL (c) (ii) Key Component # 2 Use of a nonadversarial approach by prosecution and defense that promotes public safety while protecting any participants due process rights.

19 TEAM GOAL: The Road to RECOVERY!

20 Court Coordinator Treatment Provider Team Work Advocates Researcher (Who s Missing?) Defense Counsel Judge Probation Law Enforcement Mental Health Prosecutor

21 Core Competencies Each team member has important roles and core responsibilities for the team and the DWI Court.

22 Specialty Courts Targeting the Population Who? Why? When?

23 Determine the Population Target the population in collaboration with the community Develop eligibility criteria

24 Drug Court Target Population ISSUE: Which offenders should be admitted? 1st Hab. Off s Violent

25 Eligibility Criteria OFFENDER CHARACTERISTICS Qualifying Disqualifying OFFENSE CHARACTERISTICS Qualifiers vs. Disqualifiers Offender Offense

26

27 High Risk/High Needs High Risk: Relatively poor prognosis for success in traditional rehabilitation services (i.e. prognosis risk) High Needs: Clinical disorders or functional impairments that, if treated substantially reduce the likelihood of continued engagement in crime. (addiction to drugs/alcohol, major psychiatric disorders, lack daily living skills, employment skills, etc.)

28 Violent Offender - Statutory Example: Michigan MCL Current charge: death or serious injury; carry or use firearm/dangerous weapon; or any degree of CSC. Prior conviction: felony involving use force, intending death or serious bodily harm.

29 Eligibility Characteristics Number of prior convictions Type of Criminal history Aggravating circumstances in present charge; resisting arrest, d.v.

30 How is the DWI Offender Different? Risk to the community Legal response to the problem Offender response to the problem the high functioning alcoholic

31 The DWI Offender vs. the Drug Offender Are there differences? Does it require different tracks on the Road to Recovery?

32 Speed..when admitted? Structure.. Pre-plea; post-plea; p.v.?

33 Develop the Treatment Plan

34 Develop the Treatment Plan Motivational Approaches Cognitive- Behavioral Therapy (CBT) Approaches

35 Develop the Treatment Plan Pharmacological Treatments Naltrexone and Campral (Acamprosate) Aftercare 12-Step Self Help/Mutual Aid Approaches

36 Supervise the Offender

37 Supervise the Offender The role of community supervision Screening and risk assessment Monitoring medication, abstinence, and relapse detection Testing Home visits Court orders Court contacts

38 Accountability Testing T Drugs /Random Alcohol/ Random Court Appearances Probation Review Hearings Sanctions Incentives Attendance AA Counseling

39

40 Develop Case Management Strategies

41 Guiding Principle #7 Develop Case Management Strategies Functions of Case Management in Drug Courts Team member functions Role of the defense attorney Case management with alcoholics

42 Take a Judicial Leadership Role

43 Positive Judicial Attributes Fairness Attentiveness Enthusiasm Respectfulness Consistency/reliability Caring Knowledge Guiding Principle #6 Take a Judicial Leadership Role

44 Judicial Leadership Best Practices Participants Perceptions of the Judge The primary mechanism by which the Drug Courts reduced substance use and crime was through the participants perceptions of and attitudes toward the judge. Significantly better outcomes were achieved by participants who rated the judge as being knowledgeable about their cases and who reported that the judge knew them by name, encouraged them to succeed, emphasized the importance of drug and alcohol treatment, was not intimidating or unapproachable, gave them a chance to tell their side of the story, and treated them fairly and with respect. ( The Multisite Adult Drug Court Evaluation, by National Institute of Justice and researchers from The Urban Institute s Justice Policy Center, 5 Year Study, May 2012)

45 Take a Judicial Leadership Role Selection of a judge Capabilities of a DWI Court judge Funding a DWI Court program Community outreach on the part of the judge Considerations for a judge considering implementing a Drug Court

46 The Courtroom as a Theater

47 Guiding Principle #9 Evaluate the Program

48 Evaluate The Program Jurisdictional characteristics Client variables or risk factors Supervision variables Treatment variables Short-term outcomes Longer-term outcomes Determining types of data to be gathered

49 Ensure a Sustainable Program

50 Ensure a Sustainable Program Planning for sustainability Resources for sustainability Partnering for sustainability Administration and standards Team engagement and judicial involvement

51 Forge Agency, Organization, and Community Partnerships

52 Forge Agency, Organization and Community Partnerships Partnerships support the Drug court Consider what partnerships to develop Enlist partners and supporters Strategies for managing partnerships

53 Mapping Exercise Engaging the Community

54 EXPERIENCE A man (or woman) who carries a cat by the tail learns something he can learn in no other way. Mark Twain

55 For ALL of you who have Carried the Cat by The Tail Thank You!

56 We have met the Enemy and He is Us. Pogo

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