Policies & Procedure Manual

Koochiching County DUI/Substance Abuse Court 715 4t h Street International Falls MN 56649 (218) 283-1118 Policies & Procedure Manual 1

Koochiching County DUI/Substance Abuse Court Policies and Procedure Manual Koochiching County Drug Court Team The Honorable Charles H. LeDuc 715 4 th Street International Falls, MN 56649 218.283.1165 FAX 218.283.1162 Last Updated: May 2008 2

Table of Contents Chapter 1 Committees Steering Committee 4 Planning Team 4 Chapter 2 Establishment of Drug Court Mission Statement 4 Goals and Objectives 5 Structure/Model 6 Target Population 6 Eligibility Criteria 6 Disqualification Criteria 6 Informant 7 Entry Process 7 Chapter 3 Operation of Drug Court Phases/Graduation/Termination 8 Sanctions and Incentives 11 Treatment Protocol 12 Supervision and testing Protocol 13 Evaluation Plan 13 Memorandum of Understanding 14 Ethics and Confidentiality Statement 14 Appendices Appendix A: Koochiching County DUI/Substance Abuse Court Agreement Appendix B: Koochiching County DUI/Substance Abuse Court Drug Testing Policy Appendix C: Evaluation Plan Appendix D: Memorandum of Understanding Appendix E: Koochiching County DUI/Substance Abuse Court Release of Information 3

Chapter 1 Committees Steering Committee The Steering Committee is comprised of executive level of personnel from each agency to facilitate the process, to expeditiously resolve issues and to provide buy-in at the upper echelon, so that later committees with non-executive level personnel will be comprised of people who are confident that the head of each agency has made drug court a priority mission. The Koochiching County DUI/Substance Abuse Court Steering Committee consists of representatives form the following organizations: Arrowhead Regional Corrections Koochiching County Board International Falls City Council Ninth Judicial District Administration Ninth Judicial District Public Defender s Office Planning Team The Planning Team is a working group of people to carry out the daily tasks involved in planning the drug court program. The group meets regularly as a team and also with the Steering Committee. The Koochiching County DUI/Substance Abuse Court Planning Team consists of: The Honorable Charles H. LeDuc, Della Warren Coordinator, Phil Miller Prosecuting Attorney, Bruce Biggins Public Defender, Troy Rautio Probation Officer, Florence Hervey Koochiching County Sheriff s Department, Kathy LaFrance Chemical Dependency Assessor, Gus and Sue Christianson Treatment Providers, Lisa Wrabek Treatment Provider, Dr. Dan Ramquist Medical Director for Treatment, Dennis Frank Recovery Community. Chapter 2 Establishment of Drug Court Mission Statement The purpose of the Koochiching County DUI/Substance Abuse Court is to efficiently reduce the number of repeat substance dependent and DUI offenders by using a team approach in the court system. Upon acceptance, candidates will be provided the 4

opportunity to participate in individual treatment programs designed to promote accountability, self-sufficiency and public safety. Compliance will be accomplished by using an established system of court ordered sanctions and incentives. Goals and Objectives The goals are what needs to accomplished to meet the purpose, or mission, and address major issues facing the drug court. The objectives are specific activities or action steps to implement each goal in measureable terms. The goals and objectives of the Koochiching County DUI/Substance Abuse Court are as follows: Goal 1: Reduce future DUI/controlled substance abuse offenses Objectives 1. Prosecuting and defense attorneys will screen the case file for qualified candidates. 2. The offender will submit to a chemical dependency assessment. 3. The offender will submit to an LSI-R evaluation tool used by probation. 4. The offender will make regular court appearances. 5. The offender will submit to random urinalysis. 6. The drug court team will assist the offender to complete the program. 7. The offender will commit no new offenses. Goal 2: Reduce substance abuse among offenders Objectives 1. Prosecuting and defense attorneys will screen the case file for qualified candidates. 2. The offender will submit to a chemical dependency assessment. 3. The offender will submit to an LSI-R evaluation tool used by probation. 4. The offender will make regular court appearances. 5. The offender will submit to random urinalysis. 6. The drug court team will assist the offender to complete the program. 7. The offender will commit no new offenses. Goal 3: Assist offenders to become accountable and self-sufficient citizens Objectives 1. The offender will utilize employment and education services. 2. The offender will report all familial and personal relationships. 3. The offender will attend court ordered appointments (treatment, counseling, court, etc). Goal 4: Reduce cost to society by breaking the cycle of substance abuse Objectives 5

Structure/Model 1. The reduction of offender jail time will result in reduced incarceration costs. 2. The offender will increase their wage earnings resulting in more income taxes collected. 3. The likelihood of the offender reoffending is greatly reduced thereby reducing law enforcement costs. 4. The likelihood of the offender reoffending is greatly reduced thereby reducing out-of-home placement costs. The structure that the Koochiching County DUI/Substance Abuse Court has chosen consists of a 2-Track System. The Tracks are as follows: Target Population Track 1 Post Disposition Track 2 Violation of Probation The target population for the Koochiching County DUI/Substance Abuse Court will be offenders charged with the following offenses: 2 nd Degree DUI Offender; 3 rd Degree DUI Offender; 3 rd Degree Controlled Substance Offender (Possession Only); 4 th Degree Controlled Substance Offender (Possession Only); 5 th Degree Controlled Substance Offender (Possession Only); Probation violation as a result of drug use; Other alcohol related chargers as deemed appropriate by the prosecuting attorney and public defender. Eligibility Criteria The guidelines that the Koochiching County DUI/Substance Abuse Court has used to identify and enter offenders into the drug court program are as follows: The offender must be a Koochiching County, Minnesota an adult resident The offender must be charged with an offense as listed in Target Population above. The offender must have a Rule 25 Chemical Dependency Assessment, which indicates the offender has a need for treatment. Prioritizing offenders with alcohol concentration of.20 or more at the time of the offense. 6

Disqualification Criteria The guidelines that the Koochiching County DUI/Substance Abuse Court has used to identify that an offender is ineligible for the drug court program are as follows: 1. The offender is violent pursuant to the federal statute definition. 2. The offender has a sales and/or manufacturing offense(s). 3. The offender is a juvenile. 4. The offender is a sex offender, however, 5 th Degree Criminal Sexual Conduct is discretionary. 5. The offender has a DUI offense combined with fleeing a police officer offense. 6. The offender has a 1 st Degree DUI offense. 7. The offender is not mentally competent. 8. The offender has a medical condition that needs immediate attention. Informant The Koochiching County DUI/Substance Abuse Court will not allow drug court participants to work as confidential informants for law enforcement. A confidential informant is defined as: Any person who knowingly provides information, performs controlled buys or any other police monitored action in exchange for compensation be it monetary, plea bargain or other form of gain. KCDUISAC does not allow program participants to be informants nor will informants be allowed to enter as part of the plea bargain that was gained through being an informant. Entry Process The entry process that the Koochiching County DUI/Substance Abuse Court will use to move the offenders from arrest to treatment/program entry are as follows: Post Adjudication Track: 1. The offender is arrested. 2. The county attorney/city attorney and public defender will screen the offender to determine eligibility the probation officer will complete a record check. 3. The offender is arraigned. 4. The offender is referred for a Rule 25 Chemical Assessment ASAP. 5. The offender is referred for a psychological assessment ASAP. 6. The county attorney/city attorney and public defender will screen the case for omnibus issues. 7

7. The offender will attend a Rule 8 hearing the decision is made at this time, on the record, if the offender will enter the drug court program or remain in district court. 8. If no omnibus issues, the offender will begin the drug court process; or if there are omnibus issues, the case is scheduled for an omnibus hearing. 9. The offender will attend an omnibus hearing if the court rules against omnibus issues and a guilty plea is entered, the offender enters the drug court program. VOP (Violation of Probation) Track 1. The offender has a urinalysis or PBT result indicating alcohol or drug use, or the offender is caught using alcohol or drugs. 2. The offender undergoes a Rule 25 Chemical Dependency Assessment update and the results indicate a need for treatment. 3. The offender undergoes a psychological assessment to assess for further referrals. 4. The probation officer, city attorney/county attorney, and public defender will screen the offender to determine if eligible for the drug court program. 5. The offender will attend the initial VOP hearing-admission to the violation probation and entry into the drug court program are made on the record. 6. The offender enters the drug court program. Operation of Drug Court Phases/Termination & Graduation Criteria Chapter 3 Each participant will enter the drug court program by signing a Koochiching County DUI/Substance Abuse Court Agreement as attached as Appendix A. Phases are the steps identified by the drug court team which clients must progress through to complete the drug court program. Termination criteria are the guidelines used to release an unsuccessful offender from the drug court program. Graduation criteria are the guidelines used to identify how offenders can successfully complete the drug court program. Phase 1 (Treatment Phase): Phase Description: Phase 1, also referred to as the Treatment Phase, is an individualized, intensive treatment plan consisting of any combination of the 8

following individualized treatment processes, with a duration of three to six months: Detoxification Inpatient Treatment Outpatient Treatment Aftercare (Mandatory) Jail for sanction purposes Urinalysis 3-4 times/week (Mandatory) SCRAM Secured Continuous Remote Alcohol Monitor system PBT Preliminary Breath Test Enhanced supervision: 3-4 times/week (Mandatory) Court appearances (Mandatory) Graduation Criteria: the graduation criteria for a client to successfully transition to Phase 2 (Skills Phase) are as follows: Abstinence for 60 days Complete inpatient treatment, of applicable Complete a portion of outpatient treatment, if applicable Complete a mental health and physical exam Attend all court appearances Abide by all rules Termination Criteria: The termination criteria that will lead a client to rejection from the DUI/Substance Court are as follows: Rearrest Abscond Fail Treatment Alter urinalysis Substance abuse while driving discretion upon position THC results Phase 2 (Skills Phase): Phase Description: Phase 2, also referred to as the Skills Phase, consists of an individualized case plan requiring the client to participate in any combination of the following processes, with a duration of six to eight months: Cognitive skills: 23 sessions Aftercare (Mandatory) Education/GED Driver s License process Employment Urinalysis (Mandatory) PBT Preliminary Breath Test Court appearance (Mandatory) 9

Parenting education Health maintenance Enhanced supervision: 2-3 times/week (Mandatory) Money management training AA/NA 2-3 times a week (Mandatory) Show interest in a hobby Public service Living skills training Hygiene training Graduation Criteria: The gradation criteria for a client to successfully transition to Phase 3 (Maintenance Phase) are as follows: Abstinence for 120 days Complete individualized case plan Attend all court appearances Abide by all rules Termination Criteria: The termination criteria that will lead a client to rejection from the DUI/Substance Abuse Court are as follows: Rearrest Abscond Fail individualized case plan Not attend all court dates Alter urinalysis Substance abuse while driving discretion upon positive THC results Phase 3 (Maintenance Phase): Phase Description: Phase 3, also referred to as the Maintenance Phase, consists of maintaining the individualized case plan which requires the client to participate in any combination of the following processes, with a duration of nine to ten month: Maintaining established individualized case plan established in Phase 2 (Mandatory) Aftercare (Mandatory) AA/NA meetings 2-3 weekly Urinalysis (Mandatory) PBT Preliminary breath test Court appearances (Mandatory) Supervision: 1 time/week (Mandatory) Graduation Criteria: The graduation criteria for a client to successfully graduate are as follows: Abstinence for 180 days 10

Maintain individualized case plan Attend all court appearances Abide by all rules Termination Criteria: The termination criteria that will lead a client to rejection from the DUI/Substance Abuse Court are as follows: Rearrest Abscond Not attend all court dates Alter urinalysis Substance abuse while driving discretion upon positive THC results Phase 4 (Transition Phase): Phase Description: Phase 4, also referred to as the Transition Phase, consists of the client continuing to live a life free from chemical substance use. The participant will become a peer mentor to a Phase 1 participant for a duration of three to six months by continuing to: Maintain established individualized case plan Court Appearance as scheduled AA/NA meetings 2-3 weekly (Mandatory) Abide by all rules Termination: The termination criteria that will lead a client to rejection from the Transition Phase are as follows: Rearrest Sanctions and Incentives Sanction are the imposition of a consequence, perceived as negative by the receiver, as a direct result of a prohibited activity, and may include any of the following listed below. Frowns House Arrest Increase frequency of testing Phase regression Delay phase progression Community work services Custody SCRAM (Secured Continuous Remote Alcohol Monitor) Write an essay Area restrictions 11

Incentives are responses to compliance, perceived as positive by the receiver, and may include any of the following listed below. Smiles Applause Handshake Hugs by Judge Phase 1 completion bronze token Phase 2 completion silver token Phase 3 completion - gold token Plaque for graduation Give more liberty/free time Decrease restrictions/requirements Business vouchers/passes Candy/donated products Free utility hookups A critical violation may be defined as a major violation of the rules of the drug court program that will be punished by established sanctions as follows: Critical Violation Dirty UAs Commission of new offense not defined in this policy Missed court appearance Corresponding Sanction Immediate custody for 48 hrs or until next court date Immediate custody for 48 hrs or until next court date Warrant, immediate custody for 48 hrs or until next court Treatment Protocol The type of substance abuse treatment model that will be used to treat the drug court participants will be determined by the Rule 25 Chemical Dependency Evaluator. The inpatient treatment provider is Pineview Recovery Center, a 10-bed chemical dependency program in Littlefork, Minnesota, located 18 miles southwest of International Falls, Minnesota. Their services include, but are not limited to, detoxification, primary inpatient treatment, and extended care inpatient treatment. Pineview Recovery Center also coordinates with Rational Alternatives to provide outpatient chemical dependency treatment in International Falls, Minnesota for drug court participants. The 12 step program for recovery is the model that is used by both facilities. Additionally, there is a statewide network of treatment services available, if deemed appropriate. 12

Supervision and Testing Protocol The type of supervision/case management model that will be used to supervise and monitor the drug court participants will consist of enhanced supervision along with administrating drug tests by the probation officer/case manager. The probation officer/case manager will be supervising approximately 20 drug court participants as follows: Phase 1 participants will experience site visits 3-4 times each week; Phase 2 participants will experience site visits 2-3 times each week; Phase 3 participants will experience site visits once each week. Some participants will be required to wear a SCRAM bracelet to monitor alcohol intake. During each site visit, if a participant is not wearing a SCRAM bracelet, they will be subject to other modes of drug testing such as urinalysis (UA) or a preliminary breath tests (PBTs). However, if a participant has an addiction to a combination of alcohol and other drugs, that person may be subject to SCRAM along with monitoring tests. The cost for SCRAM for each drug court participant will be $10.00 per day. If a non-drug court participant wishes to use SCRAM, the cost will be $20.00 per day. The testing protocol for participants is outlined in Appendix B: Koochiching County DUI/Substance Abuse Court Drug Testing Policy. Evaluation Design An evaluation must be tailored to the political and organizational context of the program to be evaluated. It typically involves assessment of one or more of five program domains: (1) program need; (2) program design; (3) program implementation and services delivery; (4) program impact or outcomes; and (5) program efficiency. An evaluation required an accurate description of the program performance or characteristics at issues and assessment of them against relevant standards and criteria. The Koochiching County DUI/Substance Abuse Court shall recognize an initial 6-month demonstration period for statistical purposes during which time data collection efforts shall focus on defining the participant population and identifying critical operations issues. A 6-month demonstration period shall be established to: 1. Identify implementation issues; 2. Make adjustments to program operations and policies; 3. Establish and fine tune all of the needed program components; 4. Establish management information procedures; 13

5. Establish problem-solving procedures to address unanticipated developments. An evaluation plan has been created and is attached as Appendix C. Bemidji State University s Criminal Justice Department will administer the evaluation. Memorandum of Understanding A memorandum of understanding is a written agreement with other agencies or organizations for services provided to the Koochiching County DUI/Substance Abuse Court. The memorandum of understanding is attached as Appendix D. Ethics and Confidentiality Any program that specializes, in whole or in part, in providing treatment counseling, or assessment and referral services for participants with AOD (Alcohol or Drug) problems must comply with the Federal Confidentiality Regulations (42.C.F.s2.12 (e)). The federal regulations apply to programs that receive federal funding. Two federal laws and a set of regulations guarantee the strict confidentiality of information about persons including participantsreceiving alcohol and drug abuse assessment and treatment services. The legal citation for these laws and regulations is 42 U.S.C.SS290dd-3 and ee-3 and 42 C.F.R. Part 2. These laws and regulations are designed to protect patients privacy rights in order to attract people into treatment. The regulation restrict communications more tightly in many instances than, for example, either doctor-patient or attorney-client privilege. Violation of the regulations is punishable by a fine up to $500 for a first offense or up to $5,000 for each subsequent offense. General Rule Federal confidentiality laws and regulations protest any information about a participant if the participant has applied for or received and AOD-related services from a program that is covered under the law. Services applied for or received can include assessment, diagnosis, individual counseling, group counseling, treatment or referral for treatment. The restrictions on disclosure apply to any information that would identify the participant as an alcoholic or other drug abuser, either directly or by implication. The general rule applies from the time the participant makes an appointment. It applies to participants who are mandated into treatment as well as those who enter treatment voluntarily. It also applies to former clients or 14

patients. The rule applies whether or not the person making an inquiry already has the information, has other ways of getting it, has some form of official status, is authorized by State law, or comes armed with a subpoena or search warrant. Sharing Confidential Information Information that is protected by federal confidentiality regulations may always be disclosed after the participant has signed a proper consent form. The regulations also permit disclosure without the offender s consent in several situations, including medical emergencies, program evaluations and communications among program staff. Participants who refuse to sign consent forms permitting essential communications can be excluded from treatment or provided treatment temporarily in the hope that resistance of signing the consent forms will evaporate as treatment proceeds. Each participant will asked to sign a Release of Confidential Information which is attached as Appendix E. 15