Columbia County OWI Treatment Court Participant Handbook

Transcription

1 Columbia County OWI Treatment Court Participant Handbook

2 Welcome to Columbia County s OWI Treatment Court. The purpose of this handbook is to give you a general description of our treatment court. The structure and rules of the program may change from time to time, and these changes will apply to everyone who is in the program at the time the changes are made. This handbook does not constitute a contract, and should not be taken to create any legal rights. Treatment Court Staff and Contact Information Presiding Judge: Judge Alan White, Columbia County Circuit Court, Branch 3 Probation Agent: Scott Gordon ( ) 260 Eastridge Dr. Portage, WI Scott.Gordon@Wisconsin.gov Coordinator: Kelly Zuelke ( ) 400 Dewitt St. Portage, WI Kelly.Zuelke@co.columbia.wi.us Public Defender: Amanda Riek ( ) 107 Third St. Baraboo, WI rieka@opd.wi.gov Assistant District Attorney: Troy Cross ( ) Columbia County Human Services: Stacy Davenport ( ) 2652 Murphy Rd. Portage, WI Stacy.Davenport@co.columbia.wi.us Pauquette Center: Susan Knower ( ) 2901 Hunters Tr. Portage, WI Sknower@pauquette.com

3 Introduction Welcome to the Columbia County Treatment Court Program. As a participant, you will be expected to follow the instructions given in Treatment Court by the Judge and comply with the treatment plan developed for you by the Treatment Court Team. This handbook will detail what is expected of you as a Treatment Court participant and review general program information. All participants are encouraged to share this handbook with their family, friends and attorney. The goal of the OWI Court is to promote public safety by using case management, treatment, and judicial oversight to ensure that offenders receive the necessary treatment, thereby reducing or eliminating further drinking and driving. The Columbia County Treatment Court offers participants the opportunity to break the cycle of drunk driving, improve their chances of a sober and healthy life and to contribute to a safer community. Columbia County Treatment Court is a treatment based alternative to jail and probation. With the collaboration of treatment agencies and other rehabilitation services, the participant will be provided with all the tools needed to lead a productive and crime free life. The Treatment Court team is comprised of the Judge, Probation Agents, Court Coordinator, Public Defender, District Attorney, Health and Human Services and clinical services from the Pauquette Center.

4 Eligibility Reside in Columbia County unless otherwise determined by the treatment court team or District Attorney 3 rd offense OWI with PAC of.20 or above and agree to a 2 year probation with the Department of Corrections, or as otherwise permitted. No prior felony convictions for violent crimes and no prior felony convictions involving weapons. No existing warrants or pending charges. Voluntary agreement to participate and abide by the Treatment Program rules. Court Schedule Court is held every Tuesday at 9:00am in Branch 3, on the 2nd floor of the Columbia County Courthouse, 400 Dewitt St. Portage, WI Program Rules Always tell the truth. Your honesty is very important to building trust in the OWI Treatment Court program. If you make a mistake, if you use alcohol or other unapproved substance, or if you are having difficulties in the program, we expect you to come forward voluntarily and inform your Agent or Court Coordinator. Those who are not honest will be sanctioned. Do not possess or consume any alcohol or drugs for which you do not have a prescription for. Sobriety is the primary focus of the Treatment Program. Attend all ordered treatment sessions. If you are having transportation issues or other barriers that are making it difficult for you to attend your meetings, it is your responsibility to notify your Agent, treatment provider

5 or Court Coordinator in ADVANCE and ask for help. An unexcused missed appointment is a violation of the program rules and can result in a sanction. Be on time for everything. Do not make threats towards other participants or staff or behave in a violent or threatening manner Act and dress appropriately for court and treatment sessions. Clothing bearing drugs or alcohol themes or promoting or advertising drugs or alcohol use is considered inappropriate. No eating, chewing gum or talking out of turn in the courtroom. Avoid any premises where the primary purpose of the business is the sale/consumption of alcohol. Attend all court sessions as ordered Maintain your residence in Columbia County or the county that you reside in at the time of entering treatment court. Do not violate the law. Do NOT drive a vehicle if you do not possess a valid driver s license. Participants who drive without a license may be expelled from the program. Tell your probation agent within 48 hours of you moving or change your telephone number or disconnect your telephone. Get permission from your probation agent before leaving the state Submit urine samples for testing promptly upon request

6 Treatment and Testing Monitoring your sobriety is an important component of OWI Treatment Court, and you will be monitored throughout your participation. Monitoring may involve a Sobrietor, a device installed on your home landline that requires you to blow into it at certain scheduled or random intervals. The device tests your breath and sends the test results to the Department of Corrections Monitoring Center. You may also be monitored via a Transdermal Alcohol Detection (TAD) device. This device monitors your sobriety through an ankle bracelet. If you fail a sobrietor test or miss a scheduled/random urinalysis, a sanction will be imposed at the Judge s discretion. This may result in a night or two in jail, imposed immediately. If you miss a test for a non-emergency reason, or if a UA result is positive for alcohol or drug use, you will be required to appear at the next Tuesday OWI Court session regardless of when you had been previously scheduled to return to court. In the case of an emergency and you need to miss a test, you are required to provide your Agent with proof about what happened. Tampering with the monitoring tests is a very serious violation. Tampering with a urine specimen or breath test will not be tolerated and may result in termination from the program. Tampering includes diluting the urine, unplugging or interfering with monitoring equipment, using the voice, breath, or urine of another person, or attempting to do any of the above.

7 Compliance and Noncompliance Your progress is measured by compliance with program requirements and progression through treatment. The goal of the OWI Treatment Court is for you to maintain absolute sobriety. OWI Treatment Court rewards compliance and sanctions noncompliance. Your Agent, treatment provider, the Judge and other program staff maintain frequent, regular communication to provide timely reporting of progress and noncompliance. Incentives: While you are in the program, your good performance may be awarded by: Reduced program requirements Early phase promotion Early release from court sessions Early graduation Gift cards Other rewards Sanctions: Failure to comply with program requirements may result in jail or other sanctions. We impose a sanction as quickly as we can, following a violation. If you are caught with drugs or alcohol in your system, miss a test, a treatment session, a required meeting, or otherwise violate a rule or requirements of the program, you should expect a sanction. These sanctions could include jail time, extra meetings or group sessions, community service or anything the Treatment Court Team deems appropriate. Termination: Any conduct presenting a threat to public safety or the integrity of the program can result in termination. If a termination motion is made, you will be given advance notice of the termination hearing. You have the right to counsel at the hearing; it is your responsibility to arrange for representation by counsel at

8 the hearing. If you are terminated from OWI Treatment Court, you will be placed in custody pending the revocation of your probation and the imposition of the imposed and stayed jail time. Absconding: If you abscond (become absent from the program/probation), a warrant will be issued for your arrest. You will be taken into custody. Absconding presents a threat to public safety and the integrity of the program and is grounds for termination. If you choose to abscond from the OWI Treatment Court program, we will assume that you no longer wish to participate in the program and you will be automatically terminated. Absconding from the OWI Treatment Court will result in revocation of your probation supervision. Program Structure As you review the program phases below, please remember that the length of time spent in each phase is directly related to your treatment needs and your compliance with the program requirements. Each phase will be approximately 3-4 months long and the After Care phase will be a minimum of 3 months. PHASE 1 Serve mandatory minimum jail sentence ordered by the sentencing judge Attend and complete your Intoxicated Driver Program (IDP) assessment No positive urinalysis throughout the entire length of phase 1 Attendance at 2 approved pro-social groups or meetings weekly and must be documented. Examples are AA and Smart Recovery Weekly appearance before the Treatment Court Judge Attend a minimum of 2 weekly visits with AODA counselor At least 1 visit per week with Treatment Coordinator and Probation Agent Must obtain employment, attend school, or find volunteer work

9 Obtain a sober sponsor or mentor before moving to phase 2 A total of $100 must be paid towards treatment court fees by the completion of Phase1 PHASE 2 No positive urinalysis throughout the entire length of phase 2 Attendance at 1-2 approved pro-social groups or meetings weekly Bi-weekly appearances before the Treatment Court Judge At least 1 visit per week with AODA counselor At least 1 visit per week with Treatment Coordinator and Probation Agent Weekly contact with your sober sponsor or approved mentor Maintain employment, school or volunteer work If needed, develop a payment plant for all fines and financial obligations A total of $300 must be paid towards treatment court fees by completion of phase 2 PHASE 3 Driver safety plant must be completed. All treatment fees must be paid No positive urinalysis Attendance at 1 approved pro-social group or meeting weekly Appearance at Treatment Court every 3 weeks or as directed by the Treatment Court Judge and team At least 1 AODA counseling session per month

10 At least 1 visit to Probation Agent and/or Treatment Coordinator Maintain employment, school or volunteer work A total of $600 must be paid towards treatment court fees by completion of Phase 3 All other court fines, fees and financial obligations must be paid prior to completion of Phase 3. Continued sobriety AFTER CARE PHASE At least 1 meeting per month with Treatment Coordinator and/or Probation A minimum of 1 appearance before the Treatment Court Judge for 3-6 months Maintain employment or schooling Attendance to 1 pro-social group, recovery meeting, or volunteer group per week is MANDATORY Upon completion of the After Care Phase, the participant is eligible for graduation. It is possible that probation could be ended prior to the expiration of two years; however, the After Care Phase must be completed before probation termination.