UNION COUNTY DWI TREATMENT COURT PROGRAM PARTICIPANT HANDBOOK

Transcription

1 1 UNION COUNTY DWI TREATMENT COURT PROGRAM PARTICIPANT HANDBOOK HON. N. HUNT GWYN PRESIDING JUDGE Union County Judicial Center 400 N. Main Street Monroe, NC 28112

2 2 TABLE OF CONTENTS WELCOME PAGE 3 PROGRAM DESCRIPTION PAGE 3 HONESTY & INTEGRITY CLAUSE PAGE 5 DWI COURT RULES PAGE 5 DRUG TESTING PROTOCOL PAGE 6 CONFIDENTIALITY PAGE 6 INCENTIVES AND SANCTIONS PAGE 7 TERMINATION PAGE 8 GRADUATION FROM THE DWI COURT PROGRAM PAGE 8 Attachments: DWI Court Eligibility Statement Page 9 Court Phase Requirements Page 10 DWI Court Treatment Guidelines/Responses Page 11 DWI Assessment Information from Treatment Provider Page 12 PRESCRIPTION DRUG PAGE 13 PARTICPANT ACKNOWLEDGEMENT PAGE 14

3 3 Welcome to the Union County DWI Treatment Court! This book will be your guide to what to expect while you are part of the program. As a member, you will follow all directions given to you by the judge and the team. We are here to help you through the process so you can complete the program. We encourage you to share this book with your family and close friends, so they will be aware of the work you are doing to become drug and alcohol free. PROGRAM DESCRIPTION As a member of the Union County DWI Treatment Court, you will have a team to help you become drug and alcohol free. This is a voluntary program, but one that demands focus on your recovery. The following people will be working with you: o Judge o District Attorney o Probation Officer Defense Attorney DWI Court Coordinator Treatment Providers They will be making sure that the wheels keep turning in the right direction. It is important that you work with the team and not against them. It is up to you to stay on track. The alcohol/drug treatment part of the program includes: Weekly treatment meetings Weekly community support meetings such as AA/NA meetings Weekly drug testing, which includes random tests Case Coordinator meetings Probation Officer meetings Court Sessions o You will be expected to stay for the whole court session

4 o Failure to appear in court may result in an order for your arrest 4 The Union County DWI Treatment Court Program has three phases, with at least one (1) year and up to two (2) years of participation. Staying in the program depends on you and how well you deal with the structure that will be added to your life. PHASE I: Phase I (120 to 180 days) is mainly concerned with helping you understand and get started in the program. You will meet with your treatment counselor, DWI case coordinator, and your probation officer. They will all be working together to help you understand how to move forward in the program. You need to have a minimum of 30 days of program alcohol/drug free days in order to move to Phase II. PHASE II: Phase II (120 to 180 days) teaches you how to stay in recovery and remain drug and alcohol free. It will also help you work on areas that support your recovery, such as housing, education (if needed), getting and keeping a job. You will need a minimum of 90 alcohol/drug free days in order to move to Phase III. PHASE III: Phase III (120 to 180 days) helps you build up your recovery. You will learn relapse prevention. This will help you deal with the day-to-day matters and will help you make your own personal relapse prevention plan. You will need a minimum of 120 alcohol/drug free days in order to complete the program. TREATMENT: There are several parts to treatment depending on which phase of the program you are in and your individual needs. Intensive outpatient Halfway House Inpatient Relapse Prevention Aftercare

5 HONESTY AND INTEGRITY CLAUSE 5 The staff of the DWI Treatment Court Program will treat you with respect and deal with you honestly. Likewise, the staff expects the same courtesy from you. You are to be on time for all appointments. You are to attend and participate in all assigned meetings, classes, groups, and community service requests. You are to call staff prior to any absence or late arrival. You are to be honest with the Treatment Team in regards to relapses and any new criminal charges obtained while enrolled in the program. The Treatment Team will work together to see that you have the opportunity to improve your life while keeping your sobriety. We hope you give your best everyday. The amount of time you put into your recovery will determine what you get out of it. DWI COURT RULES As a DWI Treatment Court Program member, you will be required to follow the rules: 1. ATTEND ALL DWI TREATMENT, CASE MANAGEMENT, PROBATION, COMMUNITY SUPPORT MEETINGS AND COURT SESSIONS. This includes any session required by your treatment provider, DWI court coordinator, probation officer, community support meetings and drug tests. Your failure to appear in court may result in a warrant for your arrest. Also, appearing in court under the influence will result in your immediate incarceration for 48 hours. 2. BE ON TIME You are required to be on time to each scheduled treatment meeting, probation appointment, court session and drug test. You must also stay for the entire court session. If you are late or do not call before these sessions to tell someone that you will be late or absent, it will be considered unexcused. 3. DO NOT MAKE THREATS TOWARDS OTHER PROGRAM MEMBERS OR STAFF OR BEHAVE IN A VIOLENT MANNER OR DISRUPT TREATMENT. Violent or inappropriate behavior will not be tolerated and will be reported to the court. This may result in immediate termination from the DWI Treatment Court Program. 4. DO NOT BRING DRUGS, ALCOHOL OR WEAPONS INTO ANY TREATMENT, CASE MANAGEMENT OR PROBATION OFFICER MEETING, APPOINTMENT OR EVENT.

6 6 5. DRESS APPROPRIATELY FOR COURT AND TREATMENT SESSIONS. As a participant, you will be expected to wear a shirt or blouse, pants, dress, skirt or shorts of reasonable length. Shoes must be worn at all times. Clothing bearing gang, drug or alcohol related language is considered inappropriate. DRUG TESTING PROTOCOLS As an active member of the DWI Treatment Court Program you will be subject to scheduled and random drug testing. An active member of the DWI Court Team will escort you to the bathroom and witness the collection of your specimen. Collection will include urinalysis and breathalyzer. You can be ordered by any staff member to provide a drug test at any time. URINALYSIS GUIDELINES Once a request is made during 1:1 contact, you have no more than 2 hours to provide a sample/ specimen. If no sample is obtained within the allotted time the test is considered positive. If you miss your Case Coordinator or Probation appointment, you have 24 hours in which to provide your sample or it will be considered positive. This may result in the loss of clean time and/or possible sanctioning. If an Instant Test is positive and you deny usage, the test will be sent to the lab for further confirmation. Any refusal to sign the confirmation form will result in submitting the positive result before the Judge and Treatment Team. If a drug test is returned as a positive screen and you deny usage, you can request it be retested. The request must be made within 30 days of the collection date. Request made after that date will be based on the decision made by the Judge and Treatment Team. PBT/BREATHALYZER GUIDELINES You will be subject to being breathalized during each office visit and to being breathalized randomly. Any alcohol usage while in the program will be considered a positive usage. Through careful consideration from the Judge and Treatment Team you may be sanctioned and/or lose your clean time. You can be ordered by any staff member, probation officer or law enforcement officer to submit to a breathalyzer/pbt. Confidentiality State law requires strict confidentiality regarding issues related to substance abuse and treatment. Confidentiality means that your information is private. You must sign a consent form in order for the Team to share your information. If you have questions about whether your confidentiality is being protected, ask your attorney or the judge. Incentives and Sanctions

7 7 The purpose of rewards (incentives) and punishments (sanctions) is to provide clear and consistent results for behavior and to provide structure. You will be able to accept responsibility for yourself and your choices. You will know when you can expect a reward (incentive). Of course, you will also know when you can expect a punishment (sanction) because of your decision to not follow the rules of the program. You will also know that you are treated fairly, because the guidelines are open for all members of the DWI Treatment Court Program to see. Everyone knows ahead of time what they can expect. Incentives Grid Behavior Perfect Score Complete Tx Phase Complete Program Phase Praise from Bench Applause Certificates/ Letters of Recognition Grab Bag mementos, flowers, etc. Reduced Court Sessions Byes Progress through Phases Graduation Additional Communit y Support Meetings Personal Achieveme nt Clean Time (30/60/90) Program Completion A-Team * * * 1 Termination Termination will be based on the CHOICES YOU MAKE about your recovery. Termination from the program SHALL happen due to any of the following circumstances: Any re-arrest for Driving While Impaired Voluntary withdrawal (allow for a two-day cooling off period) A thirty (30) day period for an outstanding Order for Arrest Termination from the program MAY happen due to any of the following circumstances:

8 8 Two (2) false/positive urine test samples New felony or misdemeanor charges Failure to complete a Program Phase in sufficient time A thirty (30) day or more absence due to an Order for Arrest A medical or other disability that interferes with success in the Program (discretionary prosecution or dismissal would occur on a case-by-case basis) Upon termination, the case will be rescheduled in the appropriate court to begin the revocation/modification process of your probationary sentence. GRADUATION FROM THE UNION COUNTY DWI TREATMENT COURT PROGRAM Upon successful completion of program requirements, you will graduate from the Union County DWI Treatment Court Program. The criteria for graduation include the following: You must successfully complete all phases of the program. You must have a minimum of 120 drug and alcohol free days prior to graduation. You must have all program costs paid. You must complete exit review. You must have completed all mandatory jail time. DISPOSITION OF YOUR CHARGES Although DWI charges cannot be dismissed or expunged, upon your successful completion of the DWI Treatment Court Program, the following legal benefits may happen: Reduction of your supervised probation time Placement on unsupervised probation Termination of probation Other appropriate action by the court.

9 9 Defendant File County of Union DWI Court Eligibility Form To be used at the Sentencing Phase for DWI Court referral. Eligibility Criteria: 1. I have been convicted of a Level I, Level II, or Level III DWI; 2. I have not been convicted of any violent felonies or trafficking or sale of a controlled substance; 3. I have not previously participated in a DWI Court Program and am not within one year of the date of completion of probation with the date of the new offense; 4. I do not have substantial mental health problems that prohibit my productive participation in the DWI Court Program; 5. I am not currently on Supervised Probation for any criminal charge; 6. I am a resident of Union County. Each of these statements is true. I understand that should any of these be false, I will be brought back before a District Court Judge for resentencing. Signature Date

10 10 Phase I Phase II Phase III Orientation Treatment Community Support days Complete in Phase I - handbook - contract - waivers Minimum 9 hours/week - Usually Intensive Out Patient or as required by assessment N/A days Remain in good standing - follow through with treatment recommendations N/A days Remain in good standing - follow through with treatment recommendations 2 meetings/week 3 meetings/week 4 meetings/week UNION COUNTY DWI TREATMENT COURT PROGRAM PHASE REQUIREMENTS

11 11 Probation Intensive Regular Regular Court Attendance Every court session (Typically bi-weekly) Minimum 1 court session/month Minimum 1 court session/month BAC/Drug Testing Minimum 2/wk + random Random (focus on after 5pm and weekends) Random (focus on after 5pm and weekends) Sponsor Obtain sponsor Stay engaged w/sponsor Stay engaged w/sponsor Clean Time Drugs & Alcohol 30 days consecutive post tx. 90 consecutive days 120 consecutive days Housing/Job/ School/Etc. Identify goals w/in 30 days Work on goals Work on goals DWI COURT TREATMENT GUIDELINES/RESPONSES GENERAL TREATMENT RESPONSES 1. Two or more positive or missed drug/alcohol tests in a 14 day period may result in detoxification, inpatient treatment, jail treatment, half-way house placement to achieve or maintain treatment/recovery, or termination from DWI Court. 2. Failure or inability to comply with treatment recommendations for level of treatment may result in release or termination from the program. This includes recommendations for halfway house placement. Treatment providers and the Court shall abide by generally accepted treatment standards concerning recommendations. 3. The following chart shall be a guideline for the court and treatment concerning non-compliance or misconduct over the entire course of the program. This is not limited to the time period between court sessions. Behavior Sanction Grid Range of Sanctions Missed appointments Increased time in current phase

12 12 (treatment, case coordinator, probation) Deceptive Practice (lying, forgery, manipulation of team members) Non-compliance with team recommendation or court directive Positive Drug Screens/Breathalyzers/PBTs/urinalysis/alcohol swabs Tampering w/ua Observed DWLR/DWLR Charge/ New Criminal Charge New DWI Charge One on one with primary counselor Admonishment from the bench Journaling/Essay Community Service Increased appts. w/probation or case coordinator Jail Time Termination Treatment staffing with client One on One with primary counselor Essay/written admission to court Admonishment from the bench Community Service Jail Time Termination Contempt/Suspended sentence in order to comply. Failure to do so will then result in activation of suspended sentence. Increased testing Increased time in current phase Higher level of treatment Increased meeting attendance Inpatient Treatment Reading & sharing of victims stories Jail Time Termination 48 hours jail Termination Any possible sanction(s) as determined by DWI Court Team Termination DWI Assessment Information The following is important information in preparing for your DWI Assessment: WHAT DOES THE STATE REQUIRE? When you are convicted of a DWI offence, the State of North Carolina requires you to complete an assessment with an approved DWI Treatment Provider and to comply with the recommended education/treatment. A $ fee, mandated by the State, must be paid at the time the assessment appointment is made. If you are seeking assessments for more than one DWI, there is a $ fee for each conviction. PLEASE NOTE: Your assessment and treatment recommendations are only valid for 6 months from the date of the completed interview. If you have not begun the recommended education/treatment within that 6 month period, you will have to complete another assessment and you will be required to pay another $ fee for that new assessment. In addition to the fee required for your assessment, the State also requires us to charge $75.00 towards any Treatment received beyond the initial assessment. This treatment may include random drug testing, for which we charge $10.00 per drug test. NOTE: Treatment is not considered complete until all outstanding balances are paid in full. WHAT DO I NEED TO BRING TO MY ASSESSMENT APPOINTMENT? You will need to bring to your appointment a copy of your Breathalyzer reading or blood test, and your Court Judgment (if you are seeking pre-trial assessment, please bring a copy of your arrest paper);

13 You can obtain copies of these documents from the Clerk of Court (in the county in which you were arrested), your attorney or your probation officer. In addition to these documents, please bring a family member, significant other, or close friend with you. Interviewing someone who knows you well, will help the therapist make the most appropriate recommenddation for your education/treatment needs. You will also need to obtain a copy of your North Carolina Driving record, as well as copies of driving records from any state in which you have held a driver s license. WHAT ELSE DO I NEED TO KNOW? You will need to obtain a copy of your NC driving record. You may order it online at You may request the Non- Certified Record for the fee of $8.00. You will need to contact the DMV in any other state you held a driver s license and request a copy of your driving record through their department. If you cannot keep your DWI assessment appointment, you must call 24 hours in advance to cancel and reschedule another appointment. Our number is. If you would like to get more information from the State about DWI Services and requirements, you can do so by going to 13 Your DWI Assessment is on at with. I acknowledge that I have read/been informed of the above requirements for completing my DWI Assessment, including my responsibility to provide all necessary documentation at the time of my appointment. **You must obtain all paperwork listed above and bring it to your appointment** UNION COUNTY DWI TREATMENT COURT PROGRAM Prescription Drug Policy The DWI Treatment Court program encourages honesty while you re in recovery. If you are on medication you must: Inform the Treatment Court Team Notify your doctor that you are in a recovery program Request to be placed on a medication that is non-addictive If an injury or illness occurs after enrollment, allowances will be assessed by the Treatment Team. Failure to comply with the above policy may lead to grounds for termination from the DWI Treatment Court Program

14 14 UNION COUNTY DWI TREATMENT COURT PROGRAM Prescription Drug Agreement I understand that the DWI Treatment Court encourages honesty about my progress in recovery. If I am on medication, I must notify the team and inform the doctor that I am engaged in the drug treatment program and will need to be placed on medication that is non-addictive. I also understand that my failure to comply with this agreement may lead to grounds for termination from the DWI Treatment Court. Client Signature Date Witness Date UNION COUNTY DWI TREATMENT COURT PROGRAM Participant Acknowledgement: I,, received the DWI Treatment Court Participant Handbook on. I have reviewed and/or it has been explained to me in detail and I understand its contents. This the day of 20

15 15 Print Name Signature Witness