1 DRUG TREATMENT COURTS Lessons Learned Justice Kofi Barnes
2 The problem Drug addicted offenders are caught in the revolving door of drug use/addiction and criminal behavior to support a drug habit.
3 ROOT CAUSES
4 An innovative approach Create a strong partnership between legal case processing and substance abuse treatment - establish a Drug Treatment Court (DTC)
5 DTC - FUNDAMENTALS Drug Treatment Courts reflect the following internationally recognized Drug Treatment Court principles, tailored to the needs of individual jurisdictions.
6 DTC - FUNDAMENTALS Drug Treatment Courts integrate addiction treatment services with justice system case processing Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants Charter rights
7 DTC - FUNDAMENTALS Drug Treatment Courts provide access to a continuum of drug, alcohol and other related treatment and rehabilitative services Compliance is objectively monitored by frequent substance testing
8 DTC - FUNDAMENTALS Eligible participants are identified early and placed in the Drug Treatment Court program as promptly as possible A coordinated strategy governs Drug Treatment Court response to participants compliance and non-compliance Swift, certain and consistent sanctions or rewards for noncompliance or compliance
9 DTC - FUNDAMENTALS Ongoing judicial interaction with each Drug Treatment Court participant is essential Monitoring and evaluation processes measure the achievement of program goals and gauge effectiveness
10 Continuing interdisciplinary education promotes effective Drug Treatment Court planning implementation, and operations Ongoing case management providing the social support necessary to achieve social reintegration
11 Appropriate flexibility in adjusting program content, including incentives and sanctions, to better achieve program results with particular groups such as women, indigenous people and minority ethnic groups
12 DTC FUNDAMENTALS Forging partnerships among courts, treatment and rehabilitation programs, public agencies and community based organizations generates local support and enhances program effectiveness
13 4/15/2015 SOME LESSONS LEARNED
14 The Paramount Consideration The paramount objective is the reduction of criminal behavior due to dependent drug use Public safety and achieving optimum health and social outcomes for participant are not mutually exclusive objectives Common goal allows different perspectives to work together in a complementary fashion to achieve paramount objective
15 4/15/2015 Substantive and Procedural law Changes Will a DTC fit within existing legislation? e.g. Canada Do you need new legislation? e.g. Australia, Jamaica Procedural issues Drug Testing Delay of sentencing Ability to implement sanctions and incentives
16 Substantive and Procedural law Changes Authorize the collection and communication of personal information Permit and facilitate information sharing Streamline traditional court processes reduce contested hearings
17 Substantive and Procedural Law Legislation Contacts between Participant and Court e.g. Rule and Waiver forms setting out program rules; court powers, program expectations and consequences
18 Effective Judicial Leadership Judicial leadership is vital Commitment Understanding of DTC process and objective Open to constructive criticism Understands the community Can balance the needs of the stakeholders
19 Strong Interdisciplinary Collaboration Strong inter disciplinary collaboration among the team Clear common goals Reduction of level of criminality resulting from drug dependency
20 Strong Interdisciplinary Collaboration Common goal achieved through performance of usual roles Adjustments of usual roles in context of common objective Collaboration without sacrificing professional independence
21 Strong Collaboration Essential Frequent communication team meetings e.g. meeting before/after court day and special team retreats Unbiased even handed liaison to facilitate effective information sharing between court and treatment teams Understanding roles of team members Setting effective boundaries
22 Understanding Roles Understanding Roles essential to effective communication and collaboration Judge independent, objective makes conclusive determination of facts and fate of participant Prosecutor objective to secure conviction where warranted by the facts; protection of the public interest ; must be concerned about public safety Police Officer Striking a balance between keeping participant and society safe.
23 Understanding Roles Defense counsel secure acquittal for client in accordance with the law, protect the interests of the client Health care/ treatment provider guide participants to the best recovery possible and reduce the risks of further damage to the participant Social Service Provider maximize participants' ability to play a valuable role in society
24 Holistic Knowledge Good knowledge of the legal process by the non-legal team Good knowledge of addiction and recovery process by the non legal team Avoid the legal versus treatment divide Avoid the us vs. them mentality in the same team Judge sets the tone
25 Operational Manual An Operational Manual is necessary to ensure program consistency and efficiency Enhances fair treatment percentages Reduces impacts of personnel changes
26 Operational Manual Increases effectiveness of collaboration Aids effective process evaluation and encourages effective and constructive program improvements Reduces the inevitable by product of frequent contact unintended bias
27 4/15/2015 Clear eligibility/screening criteria Eligibility and screening criteria must be clear and objective to reduce confusion about who gets in and who does not Problem areas including minor offences Indiscriminate assessment/exclusions Avoiding cherry picking.
28 Clear eligibility/screening criteria We have learned to avoid net widening DTC target populations have been narrowed to offenders for whom traditional processes were not effective Not every offender or offence is suitable
29 Detailed Assessment Detailed and comprehensive assessment of each potential participant is essential Include identification of areas where immediate support is required e.g. stable and drug free housing
30 Detailed Assessment Facilitate individualized treatment plans Enhance development of appropriate sanctions and incentives Facilitate ongoing program enhancement to meet needs of target population Strategies for ongoing assessment where appropriate
31 4/15/2015 The Adult Youth divide We have learned that due to the differences in the cognitive and other development of adolescents versus adults... Adult and Youth DTC programs must be kept separate and Youth DTC programs must be specifically tailored to address the unique needs of Youth.
32 Informed Consent Each participant should receive full legal advice Documented signed consent after receiving legal advice Understanding of program expectations and consequences
33 Informed Consent What treatment comprises What behaviors trigger sanctions What behaviors trigger rewards How information will be gathered shared and utilized
34 Speedy Referrals Objective referral to treatment within 72 hours a best practice Impacts of recent trauma on willingness to embark on positive change.
35 Sanctions and Incentives Sanctions for non compliance swift and certain Rewards to reinforce and encourage progress Must be smart therapeutically and behaviorally informed
36 Sanctions and Incentives Individual Participant must be allowed to state his or her view before position Must be consistent but must take into account the particular circumstances.
37 4/15/2015 Importance of incentives As important as sanctions are in ensuring compliance, incentives are extremely important in efforts to instil behaviors promoting recovery
38 Community Collaboration We have also learned that successful DTCs do not operate in a vacuum. Successful DTCs work in collaboration with various community services and agencies to provided specialized treatment Community Collaboration includes cooperation and referral to other solution focused courts as appropriate e.g. Mental health, Gladue etc.
39 Holistic Rehabilitation.these specialized services include: drug addiction treatment, psychiatric and medical treatment, job training, housing, employment, anti criminal thinking etc. It is clear that a holistic rehabilitative approach yields the best long term results
40 Program Flexibility Avoid the one shoe fits all approach to treatment We have learned that to be successful, DTC programs must be flexible and innovative to ensure that their programs continue to address the needs of their targeted populations.
41 Rehabilitation and Public Safety We have also learned that successful DTC programs are designed to obtain the best rehabilitative results without compromising public safety
42 The Realties of Treatment Program goals, criteria for measuring success should reflect the realities of addiction treatment (and the possibility and nature of a new criminal offence). Program success criteria/strategies should reflect the different levels of outcome.
43 The Paramount Consideration The paramount objective is the reduction of criminal behavior due to dependent drug use Public safety and achieving optimum health and social outcomes for participant are not mutually exclusive objectives Common goal allows different perspectives to work together in a complementary fashion to achieve paramount objective
44 Evaluation At some point some is going to ask you how is your program going Process evaluations Outcome evaluations Program growth and enhanced success
45 4/15/2015. Evaluation Sustained funding and optimal resources is the best outcome Money is scarce and some one is going to want to find out if your program is effective. Program evaluation is indispensable.
46 4/15/2015 Successful DTCs and Unsuccessful DTCs We have learned that not all DTCs are created equal There are successful DTCs and unsuccessful DTCs Research indicates that DTCs that adhere to the key principles of DTCs are five times more successful than those who do not
47 A perquisite for success We have learned that effective adherence to the key DTC principles is an essential perquisite for a successful DTC program We have learned that these principles should be tailored to address local circumstances and needs
48 4/15/2015 Ongoing Training Ongoing training crucial at local, national and international levels Formed CADTCP
49 4/15/2015 Several other lessons Importance of assigning team personnel for blocks of time to ensure consistency of approach Importance of finding suitable personnel Need for operational manual Need for succession planning
50 4/15/2015 Some lessons Need for team retreats -cross disciplinary training Strategies to avoid burn out - peer support Importance of case conferences/pre-court Importance of your choice of Judge
51 4/15/2015 A global problem We are confronted with a global problem There are several ideas about how to resolve them We have learnt that we need an effective communications strategy to send out messages about DTCs effectiveness This is necessary to maintain the resources DTCs need to be effective
52 4/15/2015 Global partnerships We have learned that no matter the problem or information you need - someone somewhere has it or has encountered a similar problem and may have a solution nadcp.org; cadtc.org; iadtc.com; CICAD/OAS etc. are always excellent resources
53 4/15/2015 DTCs work The main reason why we persevere with DTCs despite the invariable obstacles and challenges is because when operated properly they work. It s a known fact: if it weren t for this program, I d either be locked up for a really long time and wouldn t have learned anything or I d be in a grave. DTC Alumni
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