MISSION ELIGIBILITY ABOUT THIS HANDBOOK

Transcription

1 1/2012

2 MISSION The Dane Cunty Circuit Curt recgnizes that a majrity f crimes cmmitted in Dane Cunty are cmmitted by peple with substance abuse prblems. We believe that in rder t reduce this prblem, it is necessary t prvide ffenders with an pprtunity t participate in a prgram that will prvide treatment and interventins t assist them with their substance abuse prblems. This prgram will ffer educatinal and emplyment linkages s that with these tls, participating defendants will pssess the ability t becme prductive members f ur cmmunity. ELIGIBILITY Pending nn-vilent Dane Cunty felny charge resulting frm drug addictin N recent cnvictins fr vilent ffenses. N weapn invlved in the cmmissin f the present ffense. Diagnsis f cntrlled substance dependency and a willingness t address this issue in treatment. ABOUT THIS HANDBOOK Please read this handbk carefully. It is yur respnsibility t be familiar with its cntents. We encurage yu t share this infrmatin with yur family and friends wh supprt yur recvery. The infrmatin in this handbk may change frm time 1

3 t time withut prir ntice and shuld nt be cnsidered a cntract between yu and the Drug Curt Treatment Prgram. THE STRUCTURE OF DRUG COURT Yu will prgress in Drug Curt thrugh three phases. Here is an utline f the requirements f each phase: Phase One Statement f gals fr phase ne Reprt t case manager five times a week Reprt t curt every tw weeks N travel ut f Dane Cunty; the Curt may make exceptin fr gd reasn Advancement t phase tw: Established histry f negative tests Prgress tward gals Minimum f 45 days in phase ne If nt in phase tw after 90 days, may be cnsidered fr terminatin Phase Tw Statement f gals fr the rest f prgram Reprt t case manager three times a week Reprt t curt every three weeks Travel ut f Dane cunty withut an vernight stay may be apprved by case manager; ther travel must be apprved by the Curt Advancement t phase three: Prgress tward cmpleting treatment 2

4 Prgress tward gals Pay $50 drug curt fee Abut 90 days in phase tw If nt in phase three after 120 days in phase tw, may be cnsidered fr terminatin Phase Three Update statement f gals fr the rest f prgram and prepare statement f gals after graduatin Reprt t case manager nce a week Reprt t curt every fur weeks Travel ut f Dane Cunty within the state may be apprved by case manager; ut f state travel r vernight trips must be apprved by the Curt. Graduatin: Cmpleted treatment Prgress tward gals Plan fr after graduatin apprved by case manager and Drug Curt Team N relapse fr 120 cnsecutive days Abut 90 days in phase three PROGRAM REQUIREMENTS A. Drug Testing Yu will be drug tested thrughut the entire prgram at least nce per week and ften mre. Testing will be n a randm basis any day f the week. If yur case manager is at ARC, yu will check in daily and at that time find ut if yu need t d a 3

5 UA. If yur case manager is at ATTIC r Genesis, n the day yu have yur intake with yur case manager yu will be assigned a clr. Yu must call the drug testing telephne number every day t find ut if yur clr is called, and, if s, yu are t test that day. Yu must call every mrning, seven days a week, including hlidays. Listen t the cmplete recrded message. ARC (608) ATTIC (608) [press 2, press1] Genesis (608) Yu are respnsible fr knwing the hurs that the case management ffice is pen fr UA s. Be alert t the pssibility f different hurs n hlidays. B. Curt Appearances As a Drug Curt participant, yu will be required t appear in curt n a regular basis. Befre each appearance, the Drug Curt team, cnsisting f the prsecutr, public defender, clinical crdinatr, and Judge, will be given a reprt abut yur prgress prepared by yur case manager. The reprt may include drug test results, infrmatin n AODA treatment and attendance at supprt grups, emplyment r schling, legal prblems, financial issues, husing, physical and mental health issues, family relatinships and dmestic vilence, recreatin and spirituality. The Judge may ask yu questins abut yur prgress and discuss any prblems yu have been experiencing. Yu may raise questins r cncerns. If yu are ding well, yu may ccasinally be called early n the dcket and excused. Yu will be encuraged t cntinue wrking with yur treatment team tward graduatin frm Drug 4

6 Curt. There may be a prize drawing fr thse wh have n vilatins and have clean UA s. If yu are nt ding well, the Judge will discuss this with yu and determine any further actin that needs t be taken. There are many respnses t prgram vilatins. The Judge may rder sanctins as described later in this handbk. If yu cannt appear in curt as scheduled, yu must ntify yur case manager as sn as pssible s he r she can determine if yur appearance can be rescheduled. An unexcused failure t appear in curt n the date and time yu are scheduled will result in a warrant being issued fr yur arrest. C. State Public Defender There will usually be a representative f the State Public Defender s Office in curt wh will cnsult with yu upn request abut legal matters including yur driver s license, child supprt, yur Drug Curt case, and any ther case yu may have. Althugh the Public Defender is a member f the Drug Curt team, he r she will keep yur cmmunicatins cnfidential and nt reveal them t the team withut yur permissin. There is n charge t talk t the Public Defender. D. Fees There is a $50 Drug Curt fee that yu must pay befre yu advance t phase three. If yu are indigent yu may apply t the Judge fr waiver f the fee. Payments are t be made t the Jurney Mental Health Center 710 Jhn Nlen Drive, Madisn, WI

7 E. Case Manager Every participant will be assigned a case manager frm ne f three agencies. Yu are t schedule weekly appintments with yur case manager. Yu are expected t be n time. Yur case manager will give peridic updates t the Drug Curt team abut yur prgress. The case manager may make hme visits and check in with yur wrk place, schls, physician, cunselr and any ther persns invlved in wrking with yu while yu are in Drug Curt. Infrmatin shared with r btained by the case manager can and will be shared with the team. Yu shuld sign releases f infrmatin as requested by yur case manager. F. Treatment Every Drug Curt participant has been assessed, and an individual treatment plan will be develped between yu and yur primary treatment prvider. The plan will serve as a guide fr yu thrughut treatment and will be updated regularly. The Drug Curt team will fcus n helping yu achieve the gals in yur treatment plan. The assessment will determine the initial level f care that will best meet yur needs. Yu may be placed in detxificatin, residential treatment r an utpatient prgram. Mst participants initially enter an utpatient prgram. This includes bth individual and grup cunseling. Yu must participate fully in yur treatment plan. 6

8 G. Cmmunity Supprt Meetings Attendance at cmmunity supprt meetings is encuraged and may be required thrughut the entire Drug Curt prgram. If yu attend a 12-step prgram, yu may btain a spnsr. A spnsr is a grup member with a significant perid f sbriety (at least ne year), is available t yu t assist in yur recvery. H. Cmmunity Service Yur case manager will assign cmmunity service if s/he determines yu have the time and ability t d it, after taking int accunt yur wrk, schl, child care, and treatment bligatins. There are many reasns we make cmmunity service a part f yur Drug Curt requirements: 1. It is a way f making amends t the cmmunity fr breaking the law. 2. It furthers yur recvery and rehabilitatin 3. It is a prductive use f yur time, and encurages a gd wrk ethic. 4. It brings yu in tuch with thers wh make a practice f giving back t the cmmunity. 5. It may give yu experience that will help yu get a paying jb I. Essays Yur case manager r the Judge my require yu t write an essay addressing sme aspect f yur recvery. Yu shuld prvide that t yur case manager within ne week unless anther time limit is set. 7

9 J. Drug Curt Rules As a Drug Curt participant, yu will be required t abide by the fllwing rules: 1. Always tell the truth. Overcming alchl r drug addictin is nt easy, yet thusands f individuals d it every year with the help f thers. Yur success will take yur best effrt, including cnstant truthfulness n yur part. Lies keep yu alne, speaking nly t yurself. The Drug Curt Team will tell yu the truth and will expect the truth in return. 2. D nt tamper with drug testing. Tampering with urine r interfering with drug testing is a very serius ffense. This includes ingesting substances in an attempt t alter the result, putting smething in the urine, prviding a sample that is nt urine r prviding urine that is nt yurs. Success in Drug Curt Treatment Prgram depends n a relatinship f trust between staff and participants, and participants are expected t be hnest and truthful in their interactins with DCTP persnnel. THEREFORE TAMPERING OFFENSES WILL RESULT IN TERMINATION FROM THE PROGRAM. 3. Medicatins. Yu must bring t yur case manager the actual medicatins, prescribed and ver-the-cunter, that yu are taking. D nt take any ver-the-cunter prducts that cntain alchl. 4. D nt pssess r cnsume illegal drugs, drug paraphernalia, alchl, r any substance that cntains alchl r any cntrlled substance nt currently prescribed fr yu. Sbriety is the primary fcus f this prgram. Maintaining a drug-free lifestyle is very imprtant t yur recvery. 8

10 5. Submit t peridic alchl and drug tests. If yu miss a test r are unable t prduce a sample, yu must make it up at the next pssible pprtunity. Missing a test in phase three will delay yur graduatin. 6. D nt remain in the presence f thers wh are using illegal drugs. It will be very difficult t maintain abstinence if yu are with peple using drugs. If yu test psitive it will cunt as a use vilatin, even if yu tell us yu did nt use drugs but were expsed by the drug use f thers. 7. Fllw the treatment plan made fr yu by yur cunselr and attend all assigned treatment sessins including individual and grup. 8. Reprt t yur case manager as directed and fllw all rules and requests f yur case manager. Yu will have regularly scheduled meetings with yur case manager. If yu have a prblem keeping a scheduled appintment, cntact yur case manager immediately. While we expect yu t respect yur case manager s time, yu shuld never hesitate t cntact him r her at any time if yu need help. 9. Be n time t curt, case management appintments, and treatment. Being late may mean that yu miss cunseling sessins and yu will be cnsidered nn-cmpliant. Cntact yur treatment prvider and case manager if there is a pssibility that yu may be late. The Judge may sanctin yu fr being late t curt, treatment, r ther appintments related t Drug Curt. 10. Behave apprpriately in curt, at case management appintments, and at treatment. 9

11 a. Inapprpriate behavir will nt be tlerated and may result in yur terminatin frm the prgram. D nt make threats tward ther participants, cunselrs, r Drug Curt team members, nr behave in a threatening, aggressive, r prfane manner. b. D nt bring yur children t curt. c. D nt have cell phnes r ther electrnic devices turned n in curt. d. N gum r fd is allwed in the curtrm. The nly beverage permitted is water. e. Use the restrm befre curt. It is disruptive t leave curt t g the restrm. 11. Obey the law. D nt drive a vehicle withut a valid driver s license. Reprt any plice cntact immediately t yur case manager, whether r nt yu are arrested. Driving after suspensin r revcatin may result in yur being terminated frm the prgram. 12. Tell the Curt and case management any time yu have a change f address. CONSEQUENCES OF BEHAVIOR It is imprtant fr yu t knw what will happen when yu d well and when yu are nncmpliant in Drug Curt. This sectin is designed t let yu knw clearly the cnsequence f bth yur gd and bad behavirs. The chice is yurs. A. Incentives 10

12 When yu cnsistently cperate and participate in the Drug Curt prgram, yu may be recgnized, in the Judge s discretin, in ne r mre f the fllwing ways: Being permitted t leave curt early Participatin in a drawing fr a prize Receiving cupns fr fd r ther gift items Having fewer check-ins, tests, appintments, and curt appearances. Being recgnized as Persn f the Week B. Sanctins If yu vilate a prgram rule, yu are required t appear in curt at the next scheduled Drug Curt sessin (almst always the next Thursday mrning) regardless f yur regular reprting schedule, in rder t be sanctined. In the unusual case that yur case manager determines a vilatin was fr reasns entirely beynd yur cntrl, s/he may excuse the vilatin. The manager s decisin is final. Unless the vilatin is excused, yu must make arrangements t appear in curt at the next Drug Curt sessin. When yu fail t cmply with the rules f the Drug Curt Prgram, the Judge, in cnsultatin with the Drug Curt team, may revke yur bail and rder yu t jail. Mst jail sanctins are 1-3 days but may be lnger. In additin, the Judge may rder yu t jail ut f cncern fr yur safety r the cmmunity s safety. Yu will usually knw when yu are likely t receive a jail sanctin. Yu shuld make arrangements ahead f curt t take necessary medicatin, reschedule appintments and take 11

13 time ff wrk as the jail sanctin will nrmally be served immediately after yur curt appearance. Dn t leave yur car parked at a meter if yu think yu might g t jail Other sanctins include: Extending the length f yur cntract Increasing the frequency f yur curt attendance Increasing yur time in a phase, r putting yu back a phase. Other, individually tailred, sanctins Nte: Case management and treatment prviders may als respnd t vilatins with increasing frequency f required UA s and/r meetings, requiring use f a hme alchl testing device, and/r increasing intensity f treatment. Sanctins may be impsed fr: Pssessing r using drugs, drug paraphernalia; r alchl Behavir incnsistent with a cmmitment t meeting drug curt gals Being arrested fr a traffic r criminal ffense Missing r being late t curt, UA r BA, case management meeting, a check-in r treatment appintment Failing t reprt plice cntact t case manager Being dishnest r untruthful Engaging in disrespectful behavir twards staff r ther participants 12

14 Failing t seek r maintain full-time emplyment, educatin r a cmbinatin unless yu are excused because f disability r ther hardship Vilating any ther prgram rule r individual requirement impsed by the Curt r case management TERMINATION The fllwing may result in yur being terminated frm the prgram and returned t the criminal branch fr cnvictin and sentencing: Cmmitting a felny r a vilent misdemeanr Tampering with a test Any cnduct presenting a threat t the safety and well-being f thers. Driving while intxicated r after revcatin r suspensin Failing t prgress within reasnable expectatins Repeated vilatins f Drug Curt rules r f the law Any cnduct cmprmising the integrity f the prgram If the prsecutr makes a mtin t terminate yu, the Curt will schedule a hearing, usually within tw weeks. Yu are entitled t be represented by cunsel at that hearing and t present any evidence yu wish the Curt t cnsider in deciding the mtin. DECISIONS MADE BY THE DRUG COURT TEAM ARE NOT SUBJECT TO APPEAL 13

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16 MY PERSONAL INFORMATION My Case Manager is I can reach him/her at My treatment prgram is My treatment cunselr is I can reach him/her at My clr fr UA testing is 15

17 MY RECORD OF REWARDS AND SANCTIONS I HAVE RECEIVED DATE REWARD OR SANCTION RECEIVED REASON 16

18 DRUG COURT TEAM: Jhn Marksn Presiding Judge Ken Farmer Special Prsecutr Dane Cunty District Attrney s Office Drthea Watsn First Assistant State Public Defender Elizabeth Bth Jurney Mental Health Center 17