MARION COUNTY VETERANS TREATMENT COURT POLICES AND PROCEDURES MANUAL. Marion County Courthouse 100 High Street NE Salem, Oregon 97301

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1 MARION COUNTY VETERANS TREATMENT COURT POLICES AND PROCEDURES MANUAL Marion County Courthouse 100 High Street NE Salem, Oregon (Last Update: August 29, 2014) TABLE OF CONTENTS I. Introduction and Mission Statement II. Admission, Eligibility and Target Population III. Intake IV. Treatment Court Phases and Requirements V. Treatment and Continuing Care VI. Community Supervision and Drug Testing VII. Sanctions and Incentives SECTION ONE INTRODUCTION AND MISSION STATEMENT A. Introduction and Mission Statement The mission of the Marion County Veterans Treatment Court (MCVTC) is to identify veterans within the criminal justice system and honor their sacrifice and service by providing a collaborative, judicially supervised, mentor oriented, treatment regime with the goal of enhancing public safety by stabilizing, habilitating and reintegrating dependence-free veterans back into our community by utilizing federal and community resources. MCVTC offers eligible veterans the chance to enter an alternative treatment and sentencing program for defendants having an underlying substance abuse and/or mental illness and facing criminal charges. This collaborative team approach is utilized to assist veterandefendants willing to make changes in their life using best-practice and evidenced-based approaches. The defendant must voluntarily agree to enter and abide by the conditions set forth in the program, one condition being they must enter a plea of guilty. Referrals are encouraged upon early identification of a veteran offender facing eligible charges, who does not need to plead before being referred. B. Goals of MCVTC The goal of the Marion County Veteran s Treatment Court (VTC) is to thoroughly evaluate a defendant veteran s physical, psychological, and drug/alcohol problems, and to tailor an appropriate disposition promoting increased offender rehabilitation, accountability, and community safety. Special consideration will be given to veterans whose criminal charges 1

2 involve service related physical, psychological, or substance abuse problems that mitigate the current crime. 1. Promote public safety 2. Reduce criminal recidivism by providing assessment, education and treatment for veteran criminal offenders. 3. Monitor treatment compliance through frequent court contact and supervision. 4. Engage and retain participants in appropriate treatment resources 5. Require strict accountability from program participants and impose immediate sanctions for unacceptable behaviors and rewards for positive choices. 6. Reallocate resources to provide an effective alternative to traditional prosecution and incarceration of non-violent/non-sex offenders. 7. Reduce costs within the County s criminal justice system and jail through early identification practices, expediting cases connecting and re-routing eligible veteran participants to treatment at the Veterans Administration and other community resources in lieu of incarceration. C. Purpose of MCVTC 1. Enhance public safety 2. Enhance veteran health and health of the family 3. Honor veterans service and sacrifice 4. Reduce costs to criminal justice system 5. Respect and enhance the veterans commitment to treatment, their positive behavioral changes, and the courage to maintain and support their personal mission of graduating from the MCVTC (e.g., honor coin at graduation) D. Purposes of MCVTC Council 1. Create an active network of stakeholders that will address both the ongoing and after-grant sustainability needs of the MCVTC 2. Increase awareness of the MCVTC with community outreach efforts and activities 3. Foster partnerships with the business community, veterans groups, local, state and federal governments, and the community at large which seek to support and sustain the goals of MCVTC 4. Provide the community with a forum to recognize and celebrate the successful efforts of MCVTC clientele, volunteers, patrons and staff. The MCVTC Council will meet as needed. SECTION TWO: TARGET POPULATION, ELIGIBLITY, AND ADMISSION A. Target Population 1. Must be a veteran; 'Veteran' is defined as a person with any term of military service, including current members of the National Guard or Armed Forces Reserves. 2. Must be charged with one or more qualifying adult charges (see below for list) 2

3 B. Eligibility Requirements 1. Qualifying charges must be filed in Marion County Circuit Court. Those with cases in other counties will be evaluated on a case-by-case basis. 2. Must possess the mental capacity and ability to appreciate the consequences of the legal proceedings and fully understand the expectations and conditions of the MCVTC contract. 3. Disqualifiers for participation in MCVTC: a. Any Ballot Measure 11 b. Any crime involving serious physical injury to another person c. A or B felony involving physical injury to another person d. Sexual offenses listed in (3)(c) e. Charges of domestic violence involving a pattern of abusive and manipulative behavior 4. Those with outstanding warrants for arrest in any other counties will be evaluated for eligibility. Qualifying participants must clear all outstanding warrants to enter MCVTC. 5. Qualifying Adult Charges for Participation in MCVTC: a. Misdemeanors b. Most property offenses c. Alcohol and drug related offenses d. Qualifying domestic violence cases may require additional risk and lethality assessment and may require a nexus to military service. C. Screening Factors The following screening factors contribute to eligibility, but are not determinative: 1. Military service screening by providing military discharge papers (DD214) 2. Nexus between military service and criminal behavior/activity 3. Mental status/functioning 4. Medication compliance and/or treatment amenability level 5. Drug/alcohol use 6. Family history or personal support network 7. Community ties/resources 8. Legal residency 9. Employability 10. Cognitive or developmental abilities and/or education level 11. Attitude, behaviors and attendance throughout the screening process 12. Summary of the defendant s current and prior criminal history 13. Victim s input will be considered if required by statures 14. In screening domestic violence cases, victim s input (if required by statute), seriousness of assault and nexus to military service 15. History of prior assaultive behavior(s) 3

4 D. Risk/Need Analysis Factors considered in the risk/need analysis include: 1. Reckless behavior 2. Financial instability 3. DV Issues 4. A & D Issues 5. Homeless/Migrant 6. Unemployed/no money 7. Criminal Behavior 8. Low/no family support 9. Isolation/Lack of Awareness 10. Mental Health Issues 11. Medical/Health Issues 12. Self-destructive behavior E. Goals for Participants after Successful Completion of MCVTC: 1. Employed/School 2. Stable Housing 3. Self-Control 4. Sober/Abstinent 5. Social network 6. Receiving Benefits 7. Socially Responsible 8. Positive Role Model SECTION THREE INTAKE PROCESS The MCVTC is held every Friday excluding holidays and fifth Fridays of the month at 10:00 am with the Honorable Vance Day. 1. A potential participant is referred to the MCVTC. Referrals can be made by: Judge, Defense Counsel, Marion County District Attorney s Office, and/or Probation Officer. Program referrals can also be made by the Federal VA, jail, law enforcement personnel or any other affiliated individuals or organizations. 2. Veteran must complete an eligibility application, a release of information for the VA and the Veteran Court, a military nexus letter, and provide verifiable information regarding all military service including: combat service and discharge status, such as a DD214 or NGB Form 22. All completed materials must be provided to Élan Lambert, VTC court coordinator. ( elan.lambert@ojd.state.or.us; fax: ; mail: 100 High Street NE, Salem, OR 97301) 3. Upon receipt of completed forms by VTC Coordinator the following things will happen: a. Veteran must meet with the VTC Coordinator for initial interview, risk assessment, and orientation b. Substance use assessment with VA or other qualified treatment provider 4

5 c. Veteran must observe one Vet Court hearing at the Marion County Courthouse d. The MCVTC Coordinator will notify all interested parties of a potential referral e. The Marion County District Attorney s Office will run a full criminal history check and gather any pertinent police reports as part of the suitability screening process. f. Veterans Justice Outreach (VJO) representatives will assist in determining eligibility for VA services. If enrolled in VA care, and with appropriate releases of confidential information, treatment and/or pertinent diagnostic information will be shared to assist with screening process. g. The MCVTC Coordinator, VJO and PO shall maintain referral and consent forms. Those forms maintained by the MCVTC Coordinator will be placed in a confidential file separate from the criminal file. NOTATION: Any preliminary hearing or other motion shall be heard in front of the assigned judge and not placed on the MCVTC calendar until the defendant has been screened and is determined to meet the initial eligibility criteria. Upon acceptance the Court will notify the veteran participant and his or her counsel of the time and place for entry of plea and sentencing. If not accepted into MCVTC the Court will notify counsel and the case will proceed in the regular course. Some participants may receive a deferred sentence pursuant to ORS if their crimes are mitigated by service related mental health or substance abuse issues, subject to the discretion of the District Attorney s office. SECTION FOUR - TREATMENT COURT PHASES AND REQUIREMENTS 1) Defining Veterans Treatment Court Phases and Court Requirements MCVTC program is minimum of 18 months in duration. Court sessions shall be attended by: MCVTC Judge MCDA Prosecutor Defense attorney VA Veterans Justice Outreach Coordinator (VJO) Marion County Parole and Probation Member MCVTC Evaluator MCVTC Coordinator MCSO Deputy Oregon Department of Veterans Affairs (ODVA) MCVTC Mentors All MCVTC participants as ordered by court 2) Phases Duration of all phases in the program is subject to the discretion of the Court. Participants may be allowed to advance more rapidly or may be ordered to remain in or repeat phases, depending upon compliance. i) Phase I: Orientation and Initial Responsibilities 5

6 Phase I lasts a minimum of 3 months. Activities and responsibilities for participants include: Orientation Weekly attendance at MCVTC court sessions unless absence approved Review VTC notebook and complete assignments due at next court hearing Assessment and monitoring participant s progress in treatment Assignment of mentor Submit application to enter next phase upon team approval Access community resources Schedule social activities to include participant families, if available Must have 45 days continuous, unbroken sobriety to advance to Phase II Probation office supervision once per week or at discretion of Court and PO Random observed UA (at discretion of Probation Officer or Court) Establish and comply with court payment plan ii) Phase II: Stabilization Phase II lasts a minimum of 6-months. Activities and responsibilities for participants include: Attendance at court sessions once every two weeks Review VTC notebook and complete assignments due at next court hearing Planning long-term treatment Identify and utilize appropriate community resources Productive use of time (employment, school, community service as approved by Court) Must have 90 days continuous, unbroken sobriety to advance to Phase III Meet with PO once every two weeks or at discretion of Court and PO Random observed UA (at discretion of Probation Officer and Court) iii) Phase III : Rebuilding Your Life Phase III lasts a minimum of 6 months. Activities and responsibilities for veteran participants include: Attendance at court sessions every three weeks Obtain employment and/or attend school if appropriate Volunteer work at Courts discretion Continue all treatment ordered Must have 120 days continuous, unbroken sobriety to advance to Phase IV Meet with PO once every three weeks or at discretion of Court and PO Random observed UA s (at discretion of Probation Officer or Court) iv) Phase IV: Creating Your Own Best Future Phase IV lasts a minimum 3-months. Activities and responsibilities for participants include: 6

7 Monitor treatment Develop relapse prevention plan Apply for graduation Continue treatments as necessary Must have 210 days continuous, unbroken sobriety to graduate from program Meet with PO once every three weeks or at discretion of Court and PO Random observed UA (at discretion of Probation Officer or Court) 2) 3. MCVTC Rules for Participants All participants shall be engaged in appropriate substance abuse and/or mental health treatment and rehabilitation services during participant s tenure with MCVTC, at the Court s discretion. In being accepted into the MCVTC and as a part of a participant s sentence, the participant must abide by the contractual terms and conditions. Participants shall: 1. OBEY LAWS: obey all laws and report any police contact and/or new arrest or criminal proceedings to the court, probation officer or attorney within 24 hours. 2. COURT ORDERS: agree to abide by all court orders including but not limited to Sanction Orders, Orders to Enter and Complete Treatment and/or No Contact Orders. 3. HEARINGS/APPOINTMENTS: appear at all hearings, appointments and other MCVTC obligations as ordered by the Judge and/or MCVTC team. An arrest warrant may be issued for any missed court appearance. 4. MCVTC PROGRAM: The MCVTC program may be completed in a minimum of 18 months but may be modified by individualized performance. Must participate in the program until successful graduation or until discharge, termination, or voluntarily withdrawal. 5. DRUGS/ALCOHOL: will not possess or use alcohol or non-prescribed drugs. Must provide copies of all prescriptions and must provide documentation of any changes in prescriptions to treatment providers and the MCVTC Coordinator within 72 hours. Will present a copy of a signed physician s letter to prescribing doctor, psychiatrist or medical and/or dental and seek non-narcotic, non-addictive alternatives whenever possible. Will also provide a copy of the physician s letter to the MCVTC Coordinator. Any misuse of prescription drugs may impact sobriety date, movement through MCVTC phases, length of time in the program, and eligibility to graduate and/or complete the program. 6. RESIDENCE: Must reside in a court approved residence that cannot contain illegal drugs or alcohol. Must ask permission from the court prior to a change in residence and will inform the court of any changes in address and phone number at the next scheduled MCVTC hearing or within 24 hours, whichever occurs first. Will not spend the night at any address other than the address approved by the Court. Will inform the MCVTC Coordinator and/or probation officer with the full names of all people with whom living. 7. RELEASES: Will sign all release forms as deemed necessary by MCVTC, waive confidentiality of medical records and authorize all agencies to discuss case with the MCVTC 7

8 team and the court. Understands that the failure to sign a release of information may result in termination from the MCVTC program. Further, if at any time a release is revoked or withdrawn, this too may be a basis for termination. 8. VICTIMS: Any victims in this case may be contacted by a MCVTC team member, and informed of veteran s participation in this program. Participant agrees to pay restitution as established by the court at a hearing represented by counsel and understands a payment plan may be established by the court. 9. HONESTY: Must be truthful in all dealings with MCVTC. 10. TREATMENT: Will enter and successfully complete all court recommended treatment as directed by the MCVTC team. Will abide by the rules of the treatment agencies. Within 24 hours of discharge from treatment prior to successful completion, will report to the MCVTC Coordinator, PO, and/or treatment provider and abide by all conditions and requirements of MCVTC. Will report to the MCVTC the first time it holds court following release from treatment. If treatment is provided by approved community provider rather than the VA, the veteran participant must sign releases and the treatment team must be provided with regular updates regarding the progress of the veteran participant s treatment. 11. DRUG TESTING: Will submit to observed urine, breath or other drug and alcohol screening/test whenever requested to do so by the treatment program staff or the judge. If ordered, agrees to call the UA testing color line daily. Upon any positive drug test the veteran participant must appear in MCVTC the next time it is in session. 12. ASSOCIATIONS: Will not knowingly associate with people who use or possess controlled substances or with people participating in any criminal activity. 13. MCVTC TEAMS: agrees that there will be discussions about case, treatment program, and conditions out of the presence of participants. 14. HOME VISITS: Will waive rights under Article I Section 9 of the Oregon Constitution and 4th amendment of the US Constitution to permit the inspection of home, person, or vehicle and any contents thereof at any time, without notice, and without probable cause or warrant by the MCVTC team or designees of same. 15. EMPLOYMENT: Must tell probation officer within 48 hours of changes in employment status. 16. TRAVEL: Travel is restricted to Oregon unless given prior permission by the Court, MCVTC treatment team, or PO and must obtain pass. If arrested in another jurisdiction participant agrees to waive any challenges to extradition. 17. VIOLATIONS, SANCTIONS AND TERMINATION FROM VTC: Agrees to sanctions by the VTC Court, including jail time, for any violation of VTC rules. Agrees to waive statutory and constitutional rights for probation violations. 8

9 18. MCVTC FEE/COURT COSTS: Agrees to pay any court costs and fees as established by the court at a hearing represented by counsel and understands a payment plan may be established by the court. SECTION FIVE TREATMENT AND CONTINUING CARE A. VA Treatment Resources Veterans will be assessed by a VA clinician and referred to appropriate treatment services. These may include substance abuse treatment, mental health treatment, and medical services. Substance abuse and mental health treatment range from general outpatient, most often consisting of individual sessions and groups, to intensive inpatient treatment, depending on the current needs of the veteran. B. Community Treatment Resources 1. In-patient treatment options may include Bridgeway Recovery Services in Salem. 2. Out-patient treatment options may include ITRS, Creekside, or Kaiser Permanente, CACS, Clear Paths (will accept indigent patients). 3. Detoxification resources may include Bridgeway, Silverton Hospital, and Salem Hospital. 4. Other resources may include the DeMuniz Resource Center and A.A. and N.A. 5. Faith-based resources may include Salem Alliance, Pointman Ministries, and Prison Fellowship. 6. Domestic Violence resources include all MCVTC approved programs. 7. Mental health resources may include Marion County Mental Health, West Salem Clinic, Returning Veterans Project NW, and private counselors. C. Family Counseling resources 1.Veterans Center 2. Oregon National Guard Family Assistance Program D. Other Community Resources E. Job placement/education/vocation training may include: a. Chemeketa b. Western Oregon University c. State employment division d. Joint Transition Assistance Program through ONG F. Housing options may include: a. HUD b. Easter Seals c. Salvation Army d. Union Gospel (ERs only) e. Oxford Houses G. Transportation options may include: a. Mentors b. Bus passes SECTION SIX - COMMUNITY SUPERVISION AND DRUG TESTING A. Community Supervision Model 9

10 1. Identify appropriate services a. Home visits b. Drug testing c. Random observed UAs d. Frequent face to face meetings 2. Frequency of supervision (at discretion of Probation Officer or Court) a. Phase I: 1x week office visit b. Phase II: 1x every 2 weeks office visits c. Phase III: 1x every 3 weeks office visits d. Phase IV: 1x every 4 weeks office visits B. Drug Testing Model 1. Policy: The treatment provider shall contract with a laboratory or conduct drug testing that meets the minimum standards for federal agencies. 2. Overview of Procedures: If deemed appropriate or necessary, a participant may be assigned a randomized color code drug testing system while in the MCVTC. A participant may also be ordered to submit to a random drug and alcohol test (or PBT) if suspicion warrants the request. Drug testing may be conducted through the Corrections Department, treatment agency or the MCVTC Coordinator. All Test results will be given to MCVTC Coordinator and/or Probation officer from the treatment provider. All drug testing will be random and observed. Diluted samples will be treated as positive. Inability to provide a sample will be treated as positive. Energy drinks are prohibited. SECTION SEVEN - SANCTIONS AND INCENTIVES A. Policy for Incentives and Sanctions MCVTC will include a plan for progressive sanctions as well as incentives, which may be applied as an immediate and direct consequence or reward of a defendant s progress or compliance level with program requirements. The list of sanctions in Section C is advisory only and the MCVTC judge at his/her discretion will employ final decisions. B. Incentives Incentives for veteran participants may include, but is not limited to, the following: 1. Verbal (social recognition) 2. Applause 3. Phase change certificates 4. Program clean time coins (get from AA central office) 5. Gift certificates f. Small individual incentives for progress 6. Diminishing restrictions (increase privileges) 7. Movie tickets/food coupons 10

11 8. Congratulations cards signed by the team 9. Event/Recreational activities on 5th week of month 10. Get called first and leave court 11. Fitness club memberships 12. Reducing fines C. Sanctions Sanctions for veteran participants may include, but is not limited to, the following: 1. Jail (guaranteed hold/limited use/last resort/short duration) 2. Day reporting 3. Community service 4. Increase AA meetings 5. GPS/electronic monitoring $12/day 6. SCRAM 7. Essay read to the court 8. Removal of privileges 9. Increase court appearances 10. More time in phase (credit if self-report relapse) 11. Fines 12. Court watch C. Criteria for Termination Criteria to be considered in termination include but is not limited to the following: 1. Serial failure in treatment 2. History of serial noncompliance 3. Inability or unwillingness to benefit from the court 4. New criminal charges 5. Violent behavior 6. Revoking authorization to release information 7. Sexual relationship with another participant 11