INTRODUCTION TO THE DRUG COURT

Transcription

1 INTRODUCTION TO THE DRUG COURT In June 2000, Queensland Magistrates Courts began trialling a new sentencing option called an Intensive Drug Rehabilitation Order, which is available for certain drug offenders. The pilot project which commenced in July 2000 has recently expanded to continue until December Offenders who come under the order will take part in an intensive drug rehabilitation program run by a special section of the Magistrates Court called the Drug Court. What is the role of the Drug Court? The Drug Court has been specially set up to deal with the sentencing of people who have been brought before the Magistrates Court and pleaded guilty to certain drug-related offences (mainly property offences). It offers offenders the chance to take part in an Intensive Drug Rehabilitation Order (IDRO) as an alternative to prison. What does the program consist of? It involves treatment provided by a team of specialists, corrections programs, frequent drug testing and strict court supervision. What are its aims? The Drug Court aims to reduce: 1. drug dependency in the community 2. criminal activity caused by drug dependence 3. health risks to the community caused by drug dependence 4. pressure on the court, health and prison systems. Is there any evidence that the program will be successful? Yes, there is strong evidence that programs like this have very beneficial effects. Drug Courts elsewhere in Australia and in the United States have markedly lowered the rates of drug addiction and drug-related crime Where are sittings of the Drug Court held? Under the Drug Rehabilitation (Court Diversion) Act and Regulation, the Drug Court is authorised to operate at three Magistrates Courts Beenleigh, Ipswich and Southport. Additionally, the pilot project has commenced in North Queensland, operating out of Cains and Townsville, but these courts do not operate under the same eligibility criteria as the South East Queensland Drug Court. Penny Williams 1

2 Who runs the Drug Court? A magistrate appointed by the Queensland Government leads the Drug Court. The magistrate's role is to decided which offenders will be placed on the intensive drug rehabilitation program, and directly supervise each offender's participation and progress. The magistrate is assisted by a depositions clerk and a court registrar. The Drug Court relies on a number of Queensland agencies including Police, Health, Legal Aid and community Corrections to form a specialist team. Staff from these agencies attend court sessions and play an important role in the drug rehabilitation program. Is the Drug Court program a 'soft option'? No. Offenders accepted for the Drug Court program must undergo intensive rehabilitation for about 12 months The length of time depends on the progress made by each individual, and the type and extent of their drug dependency. Then their original sentence is reviewed and a final sentence imposed, which may or may not include imprisonment. Participants must be willing to take part in all parts of the program, including treatment and courses and they must obey the strict conditions set by the court. Offenders who disobey the court's conditions risk prison. Drug Court Checklist Drug Court clients (for South-East Queensland) must fulfil ALL the criteria listed: [ ] Is charged with a relevant offence - simple offence - indictable offence that can be dealt with summarily - prescribed drug offences (refer to schedule in Drug Rehabilitation (Court Diversion) Regulation 2000) - other prescribed indictable offence that is punishable by imprisonment for a term of not more than 7 years (refer to schedule in Drug Rehabilitation (Court Diversion) Regulation 2000) - [ ] Has no pending disqualifying offence (in any court) - offence of sexual nature other than offences of providing/offering/accepting prostitution - indictable offence involving violence other than s335 common assault, s340(a) serious assault with intent to resist/prevent arrest, s340(b) serious assault [ ] Is not breaching parole or serving term of imprisonment [ ] Is not a person who must be dealt with as a child [ ] Is drug dependant and drug dependency contributed to offences [ ] Is likely to be sentenced to imprisonment Penny Williams 2

3 [ ] Resides in prescribed postcode area: Southport 4059, , , 4271, 4272; Beenleigh 4059, , , , , 4156, 4157, 4164, 4165, 4184, 4205, , 4270, 4280; Ipswich 4059, 4069, 4070, , 4106, 4108, 4110, 4124, 4300, 4301, , 4340, 4346 [ ] Has pleaded or intends to plead guilty [ ] Willing to be assessed for suitability for rehabilitation and to be dealt with by drug court for the offence/s [ ] Is appearing in Southport, Beenleigh or Ipswich Magistrates Court Additional criteria assessed by the drug court prior to or at sentencing: [ ] Not suffering from mental condition which would prevent rehabilitation [ ] Suitable rehabilitation facilities are available [ ] Drug Court Order and requirements have been explained to the client [ ] other charges pending nature, seriousness and likely outcome [ ] likely to receive 3 years imprisonment or less (Drug Court is a Magistrates Court Jurisdiction) Penny Williams 3

4 Drug Court Postcode Areas BEENLEIGH 4059 Ballymore/Ithaca/Kelvin Grove/Normanby/Red Hill 4108 Archerfield/Coopers Plains 4109 Altandi/Banoon/MacGregor/Robertson/Sunnybank/Sunnybank Hills 4110 Acacia Ridge/Heathwood/Larapinta 4112 Kuraby 4113 Eight Mile Plains/Fruitgrove/Runcorn 4114 Kingston/Logan/Trinder Park/Woodridge 4115 Algester/Parkinson 4116 Calmvale/Stretton/Drewvale 4117 Berringba/Karawatha 4118 Browns Plains/Brownsleigh/Forestdale/Heritage Park/Hillcrest/Regents Park 4119 Underwood 4123 Rochdale/Priests Gully 4124 Boronia Heights/Greenbank/Lyons/New Beith 4125 Park Ridge/Munruben 4127 Daisy Hill/Springwood/Chatswood/Priestdale 4128 Kimberely Park/Logan Hyperdome/Shailer Park/Tanah Merah 4129 Loganholm/Logandale 4130 Cornibua/Carbrook 4131 Loganlea/Meadowbrook 4132 Crestmead/Marsden 4133 Chambers Flat/Logan Reserve/Waterford/Waterford West 4156 Burbank/Mackenzie 4157 Capalba/Sheldon 4164 Thornlands/Pinklands 4165 Mt Cotton/Point Halloran/Point Talburpin/Redland Bay/Victoria Point 4184 Coochiemudlo Island/Karragarra Island/Lamb Island/Peel Island/Maclay Island 4205 Bethania 4207 Beenleigh/Alberton/Barhs Scrub/Bannockburn/Belivah 4208 Burnside/Gilbert/Halfway Creek/Jacobs Well/Kingsholm/Norwell/Ormeau/Ormeau Hills 4209 Canowindra/Coomera/Pimpama/Willow Vale/Upper Coomera 4270 Tamborine 4280 Jimboomba/Maclean/Stockleigh Penny Williams 4

5 IPSWICH 4059 Ballymore/Ithaca/Kelvin Grove/Normanby/Red Hill 4069 Brookfield/Chapel Hill/ Kenmore/Fig Tree Pocket 4070 Anstead/Bellbowrie/Moggill/Priors Pocket 4073 Seventeen Mile Rocks/Sinnamon Park 4074 Jamboree Heights/Jindalee/Middle Park/Mount Ommaney/Riverhills 4075 Corinda/Graceville/Oxley/Sherwood 4076 Darra/Wacol 4077 Doolandella/Durack/Inala/Richlands/Serviceton 4078 Ellen Grove/Forrest Lake 4106 Rocklea 4108 Archerfield/Coopers Plains 4110 Acacia Ridge/Heathwood/Larapinta/Pallara/Willawong 4124 Boronia Heights/Greenbank/Lyons/New Beith 4300 Bellbird Park/Augustine Heights/Brookwater/Camira/Carole Park/Gailes/Goodna/ Opossum Creek/Springfield/Springfield Lakes 4301 Collingwood Park/Greenwood/Redbank/Redbank Plains 4303 Dinmore/Riverview/New Chum 4304 Blackstone/Booval/Bundamba/Ebbw Vale/Silkstone 4305 Basin Pocket/Brassall/Bremer/Churchill/Coalfalls/East Ipswich/Eastern Heights/Flinders View/Ipswich/Leichhardt/Limestone Ridges/Moores Pocket/Newtown/North Tivoli/One Mile/Raceview/Raymonds Hill/Saddlers Crossing/Tivoli/West Ipswich/Woodend/Wulkuraka/Yamanto 4306 Amberley/Avoca Vale/Banks Creek/Barellan Creek/Bellhaven/Benarkin/Blackbutt/Blacksoil/Blackwall/Borallan/Cherry Creel/Chuwar/Colinton/Deebing Heights/Dundas/England Creek/Fairney View/Fernvale/Forest Glade/Glenmorgan Vale/Googa Creel/Goolman/Haighslea/Harlin/Holts Hill/Ironbark/Karalee/Karana Downs/Karrabin/Kholo/Lake Manchester/Lark Hill/Linville/Loamside/Monsildale/Moore/Mount Binga/Mount Crosby/Mount Marrow/Mount Stanley/Muirlea/Nukka/Peak Crossing/Pine Mountain/Purga/Ripley/Spilt Yard Creek/Swanbank/Taromeo/Teelah/Thagoona/Vernor/Wallloon/Wanora/Willowbank/ Wivenhoe/Wivenhoe Pocket Coleyville/Harrisville/Mutadpilly/Radford/Silverdale/Warrill View//Wilsons Plains 4340 Ashwell/Calavert/Ebenezener/Grandchester/Jeebropilly/Lainefield/Lower Mount Walker/Merryvale/Moorang/Mount Forbes/ Mount Mort/Mount Walker/Rosevale/Rosewood/Tallegalla/The Buff/Woolshed 4346 Marburg Penny Williams 5

6 SOUTHPORT 4059 Ballymore/Ithaca/Kelvin Grove/Normanby/Red Hill 4209 Canowindra /Coomera/ Pimpama/ Upper Coomera /Willow Vale 4210 Guanaba/ Maudsland/ Oxenford /Studio Village /Wongawallan, 4211 Advancetown /Beechmont/ Binna Burra/ Carrara/Clagiraba /Gaven/ Gilston /Highland Park / Latimer/ Lower Beechmont /Mount Nathan /Natural Bridge /Nerang/Numinbah Valley /Pacific Pines /Pindari Hills 4212 Boykambil /Helensvale/ Hope Island /Monterey Keys/Sanctuary Cove /Santa Barbara 4213 Austinville/ Bonogin /Mudgeeraba/ Springbrook/ Tallai /Worongary 4214 Arundle, Ashmore 4215 Australia Fair/ Chirn Park/ Keebra Park/ Labrador/ Southport/ Sundale 4216 Anglers Paradise/ Biggera Waters/ Coombabah/ Currigee/ Hollywell/ Paradise Point /Runaway Bay/ South Stradbroke /Sovereign Islands 4217 Benowa/ Bundall/ Chevron Island/ Gold Coast Mc/ Isle Of Capri/ Main Beach/Paradise Island /Paradise Waters/ Sorrento/ Surfers Paradise/ The Spit 4218 Broadbeach/ Broadbeach Waters/Cypress Gardens/ Florida Gardens/ Mermaid Beach/ Mermaid Keys/ Mermaid Waters/ Miami Keys /Moana Park/ Nobby Beach/ Pacific Fair/ Rialto/ Rio Vista 4219 West Burleigh 4220 Burleigh/West Burleigh/Burleigh Heads 4221 Elanora / Palm Beach 4223 Currumbin/ Currumbin Waters/ Currumbin Valley 4224 Tugun/ Tugun Heights 4225 Bilinga, Coolangatta, Greenmount, Kirra, Rainbow Bay 4226 Clear Island Waters Kerrydale, Merrimac Robina, 4227 Reedy Creek Varsity Lakes 4228 Ingleside Tallebudgera Tallebudgera Valley 4229 Bond University 4271 Eagle Heights 4272 Mount Tamborine North Tamborine Penny Williams 6

7 DRUG COURT - CASE FLOW CHART Referral from Court Offender charged and appears in Court. Magistrate assesses offender as an eligible person intending to plead guilty and willing to be assessed for suitability and refers offender to the drug court Self Represented Client not eligible for legal aid and represents him/her self Legally Aided Duty Solicitor takes legal aid application, aid granted, in-house solicitor approved Privately Represented Client has private solicitor Preparation for Sentence Check client's eligibility/suitability and willingness for IDRO and prepare matter for sentence Legal Argument on Eligibility ELIGIBLE - Initial Sentence Conviction recorded Sentenced to suspended imprisonment and placed on IDRO INELIGIBLE (Sentence) Sentenced by drug court under Magistrates Court jurisdiction or committed to the District Court Client on IDRO Phase 1 (Drug Free 3 months) - Drug free - No offending - Reports weekly to drug court - Urine tested 2-3 weekly - Report case manager weekly - Any other conditions COMPLIES IDRO Reward Given eg Remove conditions Reduce conditions Advance Phase Clap/praise Leave court early Client on IDRO Phase 2 (Stabilisation 3-6 months) - Drug free - No offending - Reports fortnightly to drug court - Urine tested fortnightly - Report case manager weekly - Any other conditions FAILS TO COMPLY Sanction Given eg Up to 14 days jail Warning Added condition Go back Phase/restart phase Essay Fine/community service/stay in court all day Client on IDRO Phase 3 (Reintegration 3-6 months) - Drug free - No offending - Reports monthly to drug court - Urine tested fortnightly - Report case manager fortnightly - Any other conditions Termination of IDRO If client applies, not complying with IDRO, will not agree to amendment or FTA in drug court Magistrate may terminate with reasons Final Sentence Where IDRO completed or where IDRO terminated and no prescribed drug offences, IDRO is vacated, conviction may be revoked and final sentence imposed considers participation on IDRO - If jail < initial sentence - ICO - Probation Order - Suspended Sentence Committed to Supreme Court Where IDRO terminated and client was charged with certain prescribed drug offences, conviction is revoked, IDRO vacated and committed to Supreme court for sentence Penny Williams 7

8 Drug Court Appearances am to 10.30am Review meetings At Review meetings, reports from rehab. centres and Corrective Services case managers regarding a client s participation are discussed by the team team consists of rep s from Corrective Services, Police Prosecution, Legal Aid and Queensland Health. Sanctions and Rewards are discussed Sanctions for breaches are typically: Writing an essay Staying in court all day to the rising of the court Community service Imprisonment (max. of 14 days for 1 breach) Rewards include early bird reward person is called upon first, so can leave early reduction in reporting to court less UT s reduction of community service although the final decision is the Magistrate s am onwards Court opens 1. Graduations (if any) 2. Reviews are generally first participants sit near the bar table and hand up a WEEKLY PROGRESS JOURNAL and talk to the Magistrate about their experiences that week/day. Sanctions/Rewards are handed down 3. Bail appearances 4. New referrals 5. Sentences 6. Termination hearings 7. any last minute additions such as arrest of participants on Drug Court warrants, or other participants directed to attend court for a reason (usually breach that day) Drug Court Procedure / Policy...Please Note A Magistrate is not bound by the rules of evidence in proceedings in the drug court A client cannot appeal an initial sentence, or decisions of Magistrate to give a sanction, or not make a drug court order A relapse or admission to using drugs does not always mean a custodial sanction will be the result Penny Williams 8

9 If a participant has absconded from a residential rehabilitation centre, when they surrender/are arrested, the participant will usually be remanded IN CUSTODY for reassessment and/or Termination hearing because they have been assessed as requiring residential rehabilitation not the community If a participant absconds or is discharged from a residential rehabilitation centre then they will either be stood down for 2-3 weeks or 3-6 months depending on the nature of the breach of rules (stand-over tactics, alcohol, curfew breach ) Only Corrective Services, the Police Prosecutor, the Magistrate or the participant can apply for termination of a drug court order (not Queensland Health) A participant is not usually terminated for one breach (or one relapse) however if they express no motivation to continue, have absconded for 8 weeks or more, or commit a large number of offences on the order, then this might result in early termination of their order A drug court order can be terminated ex parte if a participant has been on a warrant for 8 weeks or more. Once their program is terminated, it makes it more difficult for the participant to remain on the order when they eventually return to drug court, as they must convince the court they can COMPLETE a drug court order (not just COMPLY) Penny Williams 9

10 Drug Court Evaluations SOUTH-EAST QUEENSLAND DRUG COURT Was evaluated in June/July findings in the following reports Final report on the South-east Queensland Drug Court, Toni Makkai and Keenan Veraar, Australian Institute of Criminology, July 2003 Final report on the South-east Queensland Drug Court, John J Costanzo, Magistrate, July 2003 Provided analysis and statistics for the period June 2000 (commencement) to 31 December Referrals were stopped from December 2002 to August 2003 for the evaluation to be carried out and a decision to be made on whether the pilot program would be extended beyond 31 December NORTH QUEENSLAND DRUG COURT Currently being evaulated. Commenced November Set up differently to South-East Queensland to trial a different model of elgibility and treatment. Example defendants seeking a drug court order must not have served more than 12 months in custody previously (in total), treatment teams see participants on the order regularly meaning participants go to court less regularly than their South-East counterparts. Penny Williams 10

11 Drug Court Statistics - as at 14 September 2004 SOUTH EAST QUEENSLAND Beenleigh Southport Ipswich TARGET - Cap = IDROS MADE = IDROS TERMINATED in person = 151 IDROS TERMINATED ex-parte = GRADUATIONS = CURRENT IDROS = Phase I = Phase II = Phase III = AWAITING SENTENCE = NORTH QUEENSLAND Cairns Townsville Total TARGET - Cap IDROS MADE IDROS TERMINATED GRADUATIONS CURRENT IDROS Phase I Phase II Phase III AWAITING SENTENCE Penny Williams 11

12 Changes with South-East QLD Drug Court over the Past Year Noticeably more referrals of clients who s likely sentence is 2-3 years and are currently remanded in custody Therefore more participants who have tendancy to abscond, have authority issues and institutionalism jail mentality More clients being referred who have supply cannabis or produce dangerous drugs (cannabis or speed) More clients being referred who have diagnosed mental health issues that require regular specialist treatment and medication Rehabilitation Centres refusing to take clients on Drug Court bail into drug court beds (as they are not funded for them until the client gets a drug court order) Clients in custody being sent from Lotus Glen and Townsville Correctional Centres to Brisbane Prisons to get referred to drug courts here as they don t meet the eligibilty criteria in North Queensland Increase in the requirements particpants must fufill to complete a drug court order required to provide counsellors report to say they have addressed all issues before graduation Average length of time to complete a drug court order has increased from 14 months to 17 months Penny Williams 12