Denver Sobriety Court Program Memorandum of Agreement

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1 Fina~~26/ll Denver Sobriety Court Program Memorandum of Agreement Introduction The Denver Sobriety Court (Sobriety Court) was established in 2010 through efforts of the Crime Prevention and Control Commission (The Commission), Denver County Court and Probation, Denver District Attorney's Office, Denver Office of the Public Defender, representative ofthe Colorado Defense Bar, Denver Police and Denver Sheriff Departments and representative of the Colorado Division of Behavioral Health. The Sobriety Court serves offenders charged with repeat impaired driving offenses. The Sobriety Court staff includes a Sobriety Court Judge, Denver County Court Probation Officers (including a supervising otlieer in the position of coordinator), clerks, members of the Denver District Attorney's Office (DDAO), members of the Denver Office of the Public Defender and members of the Colorado Defense Bar. Denver's Sobriety Court mission is to provide an efficient, judicially supervised accountable systemic process to address addiction, (~!fender success and recovery. The goals (~[Sobriety Court are: I) Provide a comprehensive, expedited and coordinated judicial re.\ponse to repeat impaired drivers, 2) Increase community safety through efficient and effective jail to community treatment and monitoring, and 3) Reduce recidivism for previous DUI offenders through effective treatment and recovery services. As an initial step towards these goals, all repeat DUI, OW AI, DUID offenders will be detained in the Denver Detention Center. The Denver District Attorney's Office swiftly determines whether an arrested offender is Sobriety Court eligible. All Sobriety Court eligible offenders are then afforded the opportunity to plead guilty and be sentenced quickly in Sobriety Court. Probation conducts a needs assessment and evaluation for each Sobriety Court offender immediately after an offender's plea of guilty. At sentencing, the offender signs the Sobriety Court Agreement and Denver Multi-party Release of Information Consent Form. Whenever possible, offenders will be placed in the Denver County Jail, R.I.S.E unit where treatment and reentry resources are initiated. Upon release, an offender is engaged in Sobriety Court Phase I and placed in treatment and substance abuse monitoring program services. All Sobriety Court offenders arc consistently and comprehensively reviewed. Non-compliance with the established supervision treatment plan results in the immediate imposition of sanctions as punishment. Incentives are also utilized to encourage program compliance. Funding Funding f()r the Sobriety Court came from the Colorado Department of Transportation Office of Traffic Safety Funds and The Denver Crime Prevention and Control Commission. Eligibility

2 Final Draft 4/26/ I I The DDAO reviews all impaired driving arrests occurring in Denver within forty-eight business hours after an offender's arrest. The DDAO determines if an offender is eligible for Sobriety Court based on the criteria listed below. Members of the Denver Public Defender's Office arc present to represent all PO eligible Sobriety Court offenders at advisement, plea, sentencing, and reviews/revocation hearings. The Denver District Attorney's office reserves the right to exclude any offender from Sobriety Court without articulating a reason. Generally, repeat driving offenders charged with crimes listed under C.R.S are eligible to participate in Sobriety Court. Specifically, Denver residents over the age of 18, who have a 2nd impaired driving offense with a.17 BAC or higher. including refusals, or a 3rd or more impaired driving offense in their lifetime are eligible for Sobriety Court. The following are excluded from Sobriety Court eligibility: Persons with pending felony charges including the present case. Persons previously convicted of any criminal offense, the underlying factual basis of which a crime of violence according to C.R.S or any felony sex-related criminal offense. Persons actively engaged in gang activity or pending court cases may be enrolled with the permission of the District Attorney. Persons whose criminal history, correctional performance or treatment diagnosis demonstrate a history of violent behavior or unsuitability for Sobriety Court. Persons who have a Medical Marijuana card and wish to continue to use marijuana. Persons using prescribed medication may participate with the appropriate release allowing the doctor and Sobriety Court probation to confer and coordinate so that the person can fully engage in Sobriety Court treatment. Persons who reside outside the City and County of Denver. Persons with severe and persistent mental health issues. Persons currently on parole or custody of the Department of Corrections. The Denver District Attorney's office reserves the right to recommend an offender for participation in Sobriety Court who may otherwise be excluded pursuant to the exclusion criteria detailed above. A Sobriety Court eligible offender who initially declines to he accepted into Sobriety Court may later be referred to Sobriety Court with recommendations by DDAO and approved hy the Court. No Sobriety Court eligible offender shall be sentenced to Sobriety Court supervision without the express approval of the Denver District Attorney's Office and sentenced by the Sobriety Court Judge. Denver Sobriety Court Model Once the DDAO has determined an offender is Sobriety Court eligible. the offender is set for an advisement in Sobriety Court. An offender, with counsel if applicable. is presented with an offer by the DDAO. If an offender accepts this offer and pleads guilty. the offender is quickly

3 Final Draft 4/26/ I I sentenced in Sobriety Court. At the time of sentencing an offender is immediately sentenced to jail and, whenever appropriate, placed in the Recovery In a Secure Environment, R.I.S.E. unit where they will receive core treatment and reentry services. At sentencing, the Sobriety Court Judge orders an offender be released from jail to probation whenever possible or is ordered to report to probation on the next business day. Prior to release, the offender will meet with the assigned probation officer, review the Terms and Conditions, sign Multi-Party Release of Information Consent Form, and receive a date to return to court within two weeks. After conviction and serving the jail sentence agreed upon at plea, each offender must move through four phases of supervision ending with graduation and court -supervision. Each phase has distinct requirements, but all require Sobriety Court reviews and monitored sobriety. If an offender successfully completes all four phases of supervision, he or she graduates from Sobriety Court. An offender who does not comply with the terms and conditions of his or her supervision suffers sanctions and/or a revocation of the offender's probation. Sobriety Court Team The Sobriety Court Team consists of the Sobriety Court Judge, the Denver County Sobriety Court Probation Officers including the Coordinator, members of the D.A. 's office, members of the Denver Public Defender's Office, and treatment providers. Probation The Denver County Probation Department is responsible for the supervision of offenders sentenced to the Sobriety Court. The Sobriety Court supervision model is organized in a phased system allowing an offender to move through the phases based on his/her risk and needs and level of compliance within each phase. Minimum contact standards are defined within the phased system; however the risk and needs of the offender may require modification of Terms and Conditions in order to maintain offender compliance and proper case management of higher risk offenders. To progress within the Sobriety Court phases the offender must meet the requirements as outlined below: Phase Requirements Pre-Phase 1: Incarceration m Denver County Jail R.I.S.E. (Recovery in Secure Environment) Unit 1. Compliance with substance abuse treatment in the R.I.S.E. Unit 2. Participate in Community re-entry services 3. Complete Victim Impact Panel (VIP) Phase 1: Orientation & Engagement, Approximately 3-4 months A. Treatment Plan and Personal Goals 1. Compliance with the treatment plan 1. Attend required sessions 2. Develop Relapse Prevention Plan 3. Other requirements based on specific needs

4 Final Draft 4/26/11 2. Social Support Programs 1. Within 24 hours make contact with support network 2. Attend program minimum once a week 3. Maintain contact with sponsor (if applicable) 3. Employment/Education 1. Maintain employment and/or enrolled in school or vocational training 2. Actively engaged with Community re-entry services 1. Job search and training 11. Cognitive Behavior Programs (i.e. Life Skills) 111. Parenting programs B. Court and Probation Supervision Plan 1. Supervision a. Meet with assigned probation officer within 24 hours upon release, unless released to probation office b. Weekly face-to-face contacts with probation officer c. Minimum one random and schedule home visit (maximum of 5 visits) 2. Court reviews a. Scheduled every other week b. As ordered by probation officer or Judge 3. Monitored Sobriety a. Submit random drug screen (minimum 2 per month) b. Placed on alcohol monitoring bracelet (SCRAM) minimum 30 days c. Comply with random alcohol testing (tests 5-7 days a week) after SCRAM 4. Court Requirements a. Set up payment plan for fines and court costs b. Set up Useful Public Service (UPS) hours To advance to Phase II client must have: Completed all jail time, 90 days continuous monitored sobriety and substance free, compliance with treatment plan, completed Level-II Education, compliant with court-ordered probation supervision and submit advancement application. The final decision for advancement from each phase is determined by the Sobriety Court Judge. Phase II: Sobriety, Stability & Maintenance, Approximately 6-9 months A. Treatment Plan and Personal Goals 1. Compliance with the treatment plan a. Attend required sessions b. Execute Relapse Prevention Plan c. Other requirements based on specific needs 2. Social Support Programs a. Attend program at least once a week b. Maintain contact with sponsor (if applicable) 3. Employment/Education a. Maintain employment and/or enrolled in school or vocational training b. Actively engaged with Community re-entry services 1. Job search and training

5 Final Draft 4/26/ I I 11. Cognitive Behavior Programs (i.e. Life Skills) 111. Parenting programs B. Court and Probation Supervision Plan 1. Supervision a. Weekly face-to-face contacts with probation officer b. Minimum one random and schedule home visit (max. of 5 visits) 2. Court reviews a. Scheduled every other week b. As ordered by probation otiicer or Judge 3. Monitored Sobriety a. Submit random drug screen (minimum 2 per month) b. Comply with random alcohol testing (reduce tests to 3-5 days a week based on compliance) 4. Court Requirements a. Compliance with payment plan for fines and court costs b. Complete half of required UPS hours To advance to Phase Ill client must have: Completed at least half of required DUI therapy hours, 120 days continuous monitored sobriety and substance free, completed half of UPS, compliant with payment plan, compliant with courtordered probation supervision and submit advancement application. The final decision for advancement from each phase is determined by the Sobriety Court Judge. Phase III: Relapse Prevention, Continuance of Care, Approximately 3-6 months A. Treatment Plan and Personal Goals 1. Compliance with the treatment plan a. Attend required sessions b. Compliance with Relapse Prevention Plan c. Other requirements based on specific needs 2. Social Support Programs a. Attend program at least once a week b. Maintain contact with sponsor (if applicable) 3. Employment/Education a. Maintain employment and/or enrolled in school or vocational training 1. Actively engaged with Community re-entry services 11. Job search and training 111. Cognitive Behavior Programs (i.e. Life Skills) iv. Parenting programs B. Court and Probation Supervision Plan I. Supervision a. Monthly face-to-face contacts with probation officer b. Minimum one random and schedule home visit (max. of 5 visits) 2. Court reviews a. Scheduled every 4-6 weeks based on compliance b. As ordered by probation otliccr or Judge 3. Monitored Sobriety

6 Final Draft 4/26/ I I a. b. 4. Court a. b. Submit random drug screen (minimum 1 per month) Comply with random alcohol testing (reduce tests to 2-5 days a week based on compliance) Requirements Compliance with payment plan for tines and court costs Complete required UPS hours To graduate client must have: Completed required DUI treatment track, substance free and maintained continuous monitored sobriety for 180 days, completed required UPS, paid at least half of tines and court costs and submit an application for Graduation which must include a post-graduation sobriety plan. The final decision regarding graduation eligibility will be determined by the Sobriety Court Judge. Phase IV: Graduation and Post-Graduation Supervision A. Graduation Once you have successfully completed the criteria for Phase III, you will be a candidate to graduate from the Sobriety Court Program. It will be necessary for you to submit an application to the treatment team to be considered for graduation. In the application/essay it will be necessary to discuss your progress toward the goals you initially set and why you believe you have met the graduation criteria. The final decision for graduation eligibility is determined by the Sobriety Court Judge. Graduation from the Sobriety Court Program is recognized as a very important event. Your family and friends will be invited to join you at a special ceremony to celebrate that you have achieved your goal to maintain an alcohol/drug-free life. B. Post-Graduation Supervision Once you have graduated from the Denver County Sobriety Court Program you will be placed on unsupervised probation for the remainder of your probation term. You will be required to keep in communication with your Sobriety Court Probation Officer to report any changes in residence or phone numbers. You are also required to report any new charges or contact with the police. A criminal record check will be conducted prior to your end of probation date. If you receive any new charges you may be subject to a probation revocation being filed. Court Review Hearings A primary emphasis in the Sobriety Court is frequent judicial contact for each offender. That contact is achieved through regular review hearings scheduled before a Sobriety Court Judge. These hearings are scheduled in accordance with an offender's phase as well as an offender's level of compliance or non-compliance. At each review hearing the Sobriety Court Judge is provided either a verbal or written report of the offender's progress by the assigned probation otlicer. Each oflender has an opportunity to respond to the probation officer's report. Based upon all the information presented the Sobriety Court Judge may impose sanctions f()r noncompliance or otter rewards for compliance and sobriety. Each review is conducted in an open courtroom and properly recorded.

7 Final Draft 4/26/ I I Under normal circumstances Sobriety Court review hearings are scheduled as follows: During Phase One and Two, offenders are seen every other week During Phase Three offenders are seen every four to six weeks The Sobriety Court Judge or probation officer has the authority to modify the normal schedule. If an offender is having particular problems with compliance the Sobriety Court Judge may increase the frequency of reviews. If an offender is excelling with his or her compliance the Sobriety Court Judge may reduce the frequency of the reviews. The maximum length of time between Sobriety Court reviews is 45 days. Sobriety Court probation officers have the authority to schedule expedited review hearings to address matters that need to be dealt with by the Sobriety Court Judge sooner than the scheduled review hearing on any regularly scheduled court day. The probation department is responsible for notifying the offender, the court, DA and attorney of record of any expedited court date. Reviews, Sanctions and Incentives The Sobriety Court relies on and emphasizes frequent judicial contact with each Sobriety Court participant. At each review hearing, the Sobriety Court Judge is provided with a written or verbal report of the participant's progress. Participants have the opportunity to respond to the Probation Officer's report and discuss with the court their accomplishments or concerns. At the review hearings the Judge may impose immediate sanctions for any non-compliance or offer Incentives for compliance and sobriety. Reviews may be increased based on the participant's compliance. Sanctions At the review hearings, the Sobriety Court Judge considers any allegations of non-compliance that are presented by the Probation Officer. The Judge then selects an appropriate sanction based on the individual's circumstances, the nature of the violation and the history of compliance. Possible sanctions that could be imposed );- Reprimand or warning by the Judge );- Attendance at a Sobriety Court graduation r Essays/Speeches r Increased community service r Increased reporting with Probation Officer r Increased monitored sobriety r Delay in phase change, starting phase over or regression back to a previous phase r Saturday Work Program r A Jail sentence up to 30 days Incentives Incentives are rewards that are offered by the Sobriety Court Judge. Incentives arc for participants who remain in compliance with the program. The basis for each incentive is discussed with the participant. Incentives can include

8 Final Draft 4/26/ II.,._ Praise, encouragement, clapping 'r Gift cards, RTD passes, Sporting and Special Event tickets r Early call at review hearings r Recognition certificates At any time, sanctions and incentives maybe imposed or alternatively, a revocation petition can be filed. Sanctions are most effective when they are dispensed swiftly following an incident of non-compliance. To the extent practicable, when an offender is not in compliance with the offender's probation, the offender's probation officer brings the offender in front of a Sobriety Court Judge on a regularly scheduled Sobriety Court Docket. Alcohol and Drug Usage by Sobriety Court Offenders The DDAO recognizes the desirability of having Sobriety Court offenders being candid with the Sobriety Court Judge, probation officers and treatment providers regarding their alcohol and other drug usage. It is the policy of the DDAO to use in-court admissions of alcohol and drug usage by Sobriety Court offenders and positive UA results only to impose sanctions in the Sobriety Court case. In-court admissions of alcohol and drug, positive urine screens and treatment participation will not be used by the Denver District Attorney's Office to file new charges under the Use Statute, , Possession Statute, , or, in the case of marihuana, Marihuana Statute, Graduation When an offender has progressed through the pre-phase and following three phases of the Sobriety Court program his/her case is reviewed for graduation. As previously indicated, in order to be eligible for graduation an offender must have completed all treatment requirements, have no missed or positive urine screens for not less then one hundred-eighty days, have a payment plan in place for remaining costs and fees and have completed all community service and other requirements. Once a judicial review has been conducted verifying an offender's accomplishments, an offender will be scheduled for graduation. Graduation is a structured ceremony. It is attended by the Sobriety Court team, all graduating offenders and the offenders' peers and friends and family. All graduating offenders receive Certificates of Graduation, and are given the opportunity to address the persons assembled for graduation. Upon graduation, an offender is required to meet with his or her probation officer to discuss post-graduation matters (Phase IV). Unsuccessful Offenders If an offender is unable to successfully complete the Sobriety Court Phase Requirements. the offender may be subject to probation revocation proceedings resulting in his/her termination from the Sobriety Court Program and the imposition of a term of incarceration as required C.R.S Probation revocation proceedings shall be commenced by the filing of a complaint alleging the violation of a condition of probation by the probation oflicer or the district attorney. All Sobriety Court Program revocation proceedings shall be conducted in accordance with the

9 Final Draft 4/26/11 due process requirements of the Colorado and United States Constitutions and applicable Colorado authority, including but not limited to, C.R.S and C.R.C.P. Rule 32. Post-Graduation Recidivism Upon graduation, the majority of Sobriety Court offenders go to Court-supervised probationary status. The Denver District Attorney's Office runs the criminal history of each Sobriety Court graduate before his or her probationary term is due to expire. All Sobriety Court graduates who re-offend on Court-supervised probationary status, with the exception of minor traffic ottenses are subject to revocation and other sanctions. Sobriety Court Evaluation Measuring the impact of Sobriety Court can be shown through increased system efficiencies and cost reductions (e.g. expedited case processing, reduction in trials and jail-bed reductions); participant outcomes such as compliance, completion and recidivism reduction and process evaluation such as effectiveness of community-based probation supervision. Examples of the research questions include: How do Sobriety Court clients compare to similar non-sobriety Court clients? How successful are Sobriety Court clients on key project variables, such as program compliance, completion, treatment outcomes, UA's, etc? How do recidivism rates compare between Sobriety Court clients and comparison clients? What costs are associated with implementation of the Sobriety Court and how does this compare to costs for clients who move through the typical court process? What other effects does the Sobriety Court have on case processing throughout the court system? Training All members of the Sobriety Court team are expected to attend regular training sessions. In addition to these training sessions, the Sobriety Court team meets with treatment providers on a quarterly basis to discuss on-going issues and concerns. Drug Endangered Children Protocol (DEC) The Denver Sobriety Court probation oflicers comply with the mandatory reporting requirements regarding drug and alcohol usage by offenders with a child or children. Steering Committee The Sobriety Court Steering Committee. chaired by the Sobriety Court Judge. meets regularly (as needed and defined by the Steering Committee) to oversee continuing and new issues that arise as part of the running of Sobriety Court. The Sobriety Court Steering Committee may consist ofthe following:

10 Final Draft 4/26/ II Presiding Judge, Denver County Court Denver County Court Administrator Sobriety Court Judge I any other County Court Judge wishing to participate Representative from Denver County Court Probation Sobriety Court Coordinator Representative from Crime Prevention and Control Commission Representative from the Denver District Attorney's Office Representative from the Denver Police Department Representative from the Public Defender's Office Representative from the Colorado Defense Bar Representative from the Denver Sheriff's Department Representative from the Colorado Division of Behavioral Health Representative from the Sobriety Court Treatment Provider (I) April, December, 2011 ohn Marcucci Presiding Judge, Denver County Court Gary \yilson\ / -=== e~,r of Cprrec'tions, Denver ShcrifT Department././ girt)' Huerter Executive Director, Crime Prevention and Control Commission

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