THE ORANGE COUNTY FAMILY LAW VETERANS DOMESTIC VIOLENCE DIVERSION PROGRAM

THE ORANGE COUNTY FAMILY LAW VETERANS DOMESTIC VIOLENCE DIVERSION PROGRAM

What is Abuse FC 6320 says that Abuse is: Intentionally or recklessly causing or attempting bodily injury; Sexual assault; Placing a person in reasonable apprehension of imminent serious bodily injury to self or another; Any behavior that could be enjoined under FC 6320.

What is Abuse -cont. FC 6320 behavior that can be enjoined Molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, destroying personal property, contacting either directly or indirectly, by mail or otherwise, coming within a specified distance, disturbing the peace

Abuse -cont. Definition of Abuse under FC 6203 is very broad, and does not require physical injury. Statute also does not refer to recent acts of abuse, but past act or acts of abuse.

Request For DV Orders If a TRO is issued, alleged Perp goes into CLETS; a statewide system which allows an individual s criminal history to be accessed. All DV Orders, whether criminal or civil, must, by federal and state law, be entered into CLETS. FC 6380(b).

Request For DV Orders-cont. Ownership, possession or access re firearms and ammunition is prohibited while a protective Order is in effect under many State and Federal statutes. FC 6389, Penal Code 12021. Order is effective upon issuance of an EPO, TRO, OAH, or CPO.

The DV Hearing-cont. Full blown evidentiary hearing. Court also required to consider: Crim. history of RP (FC 6306); history of abuse of child (FC 3011), which can include written reports, etc.; and history of abuse by RP upon MP (FC 6300).

The DV Hearing-cont. To issue orders, Court must find: That DV occurred w/n the meaning of FC 6203 and 6320; That the MP was the victim; That the RP was the perpetrator; That the DV did not occur in self defense.

The DV Hearing-cont. Once DV Finding is made, Court can issue Restraining Orders After Hearing (OAH) for up to 5 years initially, renewable by MP if renewal is requested before expiration of the initial orders, and reasonable apprehension of future abuse is shown. FC 6345; Ritchie v. Konrad (2004) 115 Cal. App. 4 th 1275.

The DV Hearing-cont. Court can issue orders made in TRO and custody, visitation, support, orders; exclusive use/possession orders; orders to attend classes (Batterers Intervention Program (BIP), Anger Management, Parenting classes); orders prohibiting consumption of drugs/alcohol; and orders for drug or alcohol testing.

Effects of DV Finding Immediately after a finding of DV, MP and RP are provided copies of the OAH in Court (unless RP failed to appear, in which case RP will have to be served); if RP is present, Review Hearing is set to ensure enrollment in BIP and compliance with Orders; and the OAH are input into the CLETS system.

Ramifications of DV Finding on Restrained Party In CLETS for years, so when a prospective employer runs a criminal history search, even though no criminal conviction, will show DV Finding ; Presumption of no child custody. FC 3044.

Ramifications of DV Finding - cont. Effectively (though not statutorily) prevented from becoming a Doctor, Lawyer, Police Officer, Firefighter, Bus Driver, Airline Pilot, Security Guard, Teacher, Military Officer, etc. Cannot own/possess any firearm or ammunition under State DVPA (FC 6389)and Federal VAWA for duration of OAH.

Ramifications of a DV Finding - cont. Exception to Firearms prohibition under FC 6389(h) [firearm is a condition of employment, employer unable to reassign R/P, firearm only in R/P possession during work, and psych eval for peace officer as prerequisite] is not an exception under VAWA.

Ramifications of a DV Finding - cont. Presumption that an abusive spouse shall not be entitled to receive spousal/partner support from the victim spouse. FC 4320(i), (m); FC 4325.

No DV Finding If the Court makes a finding that no DV occurred, it has no jurisdiction under the DV case to issue any orders; unless the Parties wish to stipulate to the entry of specific orders.

The Orange County Family Law Domestic Violence Veterans Program-Genesis No history of DV prior to first deployment Servicemember returns from deployment(s) Significant other was left in charge of household at time of deployment Servicemember returns with undiagnosed PTS/TBI; significant other receives no counseling prior to servicemember s return re PTS/TBI symptomology Violent clash with victim requiring protection.

The OC Family Law Domestic Violence Veteran s Program- Genesis (cont.) Victim seeks Temporary Restraining Order (TRO) which can be issued by the Court without a Finding of DV for 21 to 25 days; Hearing is set after said 21 to 25 days to determine if DV occurred. If the Court makes a Finding that DV occurred, Restraining Orders After Hearing (ROAH) are issued for 1 to 5 years-renewable for life under the California Domestic Violence Prevention Act.

The OC Family Law Domestic Violence Veterans Program- Ramifications of a DV Finding In CLETS for years Employer Crim Hx search will reveal Finding Effectively prevented from occupations Presumption of no custody under FC 3044 No firearm/ammunition possession Orders are one size fits all -no consideration of PTS or TBI issues

The OC Family Law DV Vet Program-Usual Fact situation No history of DV prior to deployment On return, Servicemember may have PTS or TBI issues resulting in clash/incident(s) with significant other or children that creates need for a R.O. PTS or TBI usually undiagnosed and/or substance abuse issues involved Usually before any criminal involvement

The OC Family Law DV Vet Program-Background In 2009, OC Court approached the Vet s Administration, through Craig Lea, with the concept of a Vet Program in Family Law DV cases designed to avoid a Finding of DV by the Court. Program to be separate from the Veterans Court, which is based on a post-conviction Criminal Model Meetings held with VA, Orange County Health Services Agency Vet Reps, and the Court.

The OC Family Law DV Vet Program-Background (cont.) VA approved the proposal in 2010 OCHSA Vet Liaison, Col. Maureen Robles, obtained funding to allow her office to act as case manager for each servicemember who entered the Program Court instituted the Program in its dedicated Family Law DV Department (Dept. L63) in June 2010.

OC Family Law DV Vet Program-Goals To address PTS/TBI/Substance issues; To stop problem(s) before Servicemember gets to criminal stage; To reintegrate the Servicemember with the Family; To protect the Victim(s) during the process; To fashion a remedy that does not irreparably damage the Servicemember s ability to transition to a civilian occupation and support the Family.

OC Family Law DV Vet Program (Parameters) Alleged perpetrator is identified as a servicemember with no pre-deployment history of DV; The Parties are advised at the Hearing of the ramifications of a DV Finding by a Judge; The Parties are offered the option of an extension of the TRO, without a finding of DV, but with the same protections as if there was a DV Finding and a R.O A.H. was issued, for a period of 1 year

OC Family Law DV Vet Program-Parameters (cont.) The servicemember agrees to allow the O.C.H.S.A. Vet Liaison Officer to act as a case manager; to be assessed for PTS/TBI and/or substance/alcohol issues; and to attend counseling, anger management, parenting and/or any other courses that treating professional may recommend; The Vet Liaison Officer determines what Vet services the servicemember is eligible for (i.e.: Vet Hospital, Vet Center, etc.) and coordinates servicemember s appointments/progress;

OC Family Law DV Vet Program-Parameters (cont.) The Court holds 90 day Review Hearings to monitor servicemember s progress; compliance with TRO; to receive progress reports from the case manager and treating physicial/therapist; and to establish reintegration with the children. Goal is that after 1 year, if victim now feels comfortable and there were no violations of the TRO, case is dropped, with understanding that if there are any new incidences, a new request for restraining orders can be made. If 1 year insufficient, Court can extend TRO.

OC Family Law DV Vet Program-Advantages No Finding of DV, avoiding harsh ramifications to servicemember re employment, ability to transition to new career, custody of kids, ability to carry a firearm; PTS/TBI issues are addressed along with the resulting anger/trauma issues in a one stop shop with counseling/treatment geared toward the servicemember s unique situation; A case manager to oversee eligibility, provision of available services, and progress.

OC Family Law DV Vet Program-Advantages (cont.) A customized plan with a goal of reintegrating the family; Establishment of a therapeutic relationship for the servicemember for ongoing needs; Establishment of counseling for the significant other/non-servicemember to recognize, and deal with, PTS/TBI symptomology; Servicemember compliance with Court s orders establish accomplishment of a goal for the servicemember.

The OC Family Law DV Vet Program-Procedure When Victim appears at the Court Domestic Violence Assistance Office; he/she fills out a questionnaire asking several questions about alleged perpetrator s military status, number of deployments if any, any prior history of DV before first deployment. Request for TRO is presented to the Judicial Officer with the word Vet written on first page upper right corner; telling the Court clerk to contact OCHSA Vet Liaison Office with Hearing date so Vet Liaison can be present.

The OC Family Law DV Vet Program-Procedure (cont.) At Hearing, Court determines eligibility for Program; and if eligible, explains ramifications of DV Finding to Parties, and describes Program. Parties may then meet with Liaison from OCHSA and advise Court of their decision. If they elect to enter Program, Court extends TRO for 1 year pursuant to their Agreement, advises servicemember of his/her obligations under the Agreement, assigns the Liaison as case manager, and sets Review Hearing in 90 days.

The OC Family Law DV Vet Program-Procedure (cont.) At 90 day Review Hearings, Court reviews Progress Report by treating Doc, therapist, and/or Vet Liaison; ensures compliance with TRO/no violations; and determines if visitation orders should be modified. Court will inquire of victim as to any issues Will set next 90 day Review

The OC Family Law DV Vet Program-To Date 90 Vets in Program to date. Problems include: Elimination of Vet Med benefits at Discharge due to PTS/TBI issues during active duty; Minimal availability of counseling (pre and post return) for non-servicemember significant other re PTS/TBI issues; Universal Judicial Officer buy-in with such Programs; Identifying eligible servicemembers.

Domestic Violence/Intimate Partner Violence (DV/IPV) Assistance Program Department of Veterans Affairs Jennifer Broomfield, LISW, JD Program Manager, DV/IPV Assistance Program Care Management and Social Work Services Veterans Health Administration

Agenda Development of Domestic Violence/Intimate Partner Violence (DV/IPV) Assistance Program Task Force Plan for Implementation of the Domestic Violence/Intimate Partner Violence Assistance Program Key Recommendations Initial Implementation Strategies Network Points of Contact (POCs) / Domestic Violence Coordinator (DVCs) Roles & Responsibilities Screening for DV/IPV Developing a DV/IPV Community of Practice DV/IPV Resources Q&A VETERANS HEALTH ADMINISTRATION 2

Objectives Learn about the National Domestic Violence/Intimate Partner Violence (DV/IPV) Assistance Program. Be able to identify the key recommendations of the DV/IPV Task Force. Understand the roles of the Domestic Violence Coordinators (DVCs)/Network Points of Contact (POCs). Identify why screening is important and identify effective screening procedures. Examine the role a Community of Practice can play in offering DV/IPV Assistance Program services. VETERANS HEALTH ADMINISTRATION 3

Task Force Definitions of Domestic Violence and Intimate Partner Violence Domestic violence: Though this term has historically referred to intimate partner violence, it more accurately refers to any violence or abuse that occurs within the domestic sphere or at home, and may include child abuse, elder abuse, and other types of interpersonal violence (Wallace 2004). Intimate Partner Violence: The term intimate partner violence describes physical, sexual, or psychological harm or stalking behavior by a current or former partner that occurs on a continuum of frequency and severity ranging from emotional abuse to chronic, severe battering or even death. It can occur in heterosexual or same-sex relationships and does not require sexual intimacy or cohabitation (CDC 2012). VETERANS HEALTH ADMINISTRATION 4

DV/IPV Task Force and Plan for Implementation In May 2012, VA chartered the DV/IPV Task Force to develop a national program. The VHA Plan for Implementation of the DV/IPV Assistance Program was finalized December 2013. Plan includes 14 recommendations. Implementation of the plan across the VHA will expand screening, prevention and intervention to Veterans and will strengthen partnerships with community providers/resources. Focus is on developing a culture of safety and adopting a holistic, Veteran-centered psychosocial rehabilitation framework to inform all facets of the national DV/IPV assistance program: Veterans who experience DV/IPV vs. Victim or Survivor Veterans who use DV/IPV vs. Batterer or Abuser VETERANS HEALTH ADMINISTRATION 5

Key Actions for Implementation Assign Points of Contact (POCs) at Veteran Integrated Service Network (VISN) level. Assign local Domestic Violence Coordinators (DVCs) for each Veterans Affairs Medical Center (VAMC). Develop a National Awareness/Education Campaign and Communication Plan. Develop and deliver training on risk identification and intervention across the VA (including Employee Assistance Program/Employee Health Staff). Implement safety assessment/planning and referral process for Veterans who screen positive for experiencing DV/IPV. VETERANS HEALTH ADMINISTRATION 6

Key Actions for Implementation (continued) Establish network of national and local community partnerships. Partner with a hotline for crisis and prevention calls. Implement Veteran-centered services for Veterans who experience DV/IPV. Integrate DV/IPV Assistance Program into Workplace Violence Prevention Programs. Implement pilot screening and treatment programs for Veterans who use violence. VETERANS HEALTH ADMINISTRATION 7

Pilot Treatment Programs for Veterans Who Use Violence The Plan recommends piloting (in several clinical settings that have existing capability to provide intervention programs and services for Veterans who use DV/IPV) two treatment programs for Veterans identified as using violence in current or former intimate relationships. Strength at Home Men s Program (Dr. Casey Taft) Cognitive behavioral, trauma-informed group treatment. Enhancing motivation for change and skill building. Psychoeducation and anger management. Contextual Intimate Partner Violence Therapy (CIPVT) (Dr. Rachel Latta) Recovery oriented, strengths-based individual, couples and group treatment. Focus on healthy relationships. Increase healthy coping strategies and reduce negative strategies. VETERANS HEALTH ADMINISTRATION 8

Initial Implementation Strategies National DV/IPV Program Manager appointed. Establish DV/IPV Steering Committee. Identify Network POCs and Facility DVCs. Develop and implement use of a screening tool. Develop training materials for national roll out. Establish community partnerships with DV experts/agencies. VETERANS HEALTH ADMINISTRATION 9

Network POCs Roles & Responsibilities Ensure that National DV/IPV policies and procedures are implemented at the local level. Support and serve as consultant to the local DVCs. Liaison to the National DV/IPV Program Manager. VETERANS HEALTH ADMINISTRATION 10

DVCs Roles & Responsibilities Coordinate DV/IPV training for Medical Center staff. Provide information and assistance to Veterans and their families. Coordinate assessment, safety planning and intervention/treatment for Veterans who screen positive for experience/use of DV/IPV and who accept a referral to the DVC. As appropriate, coordinate referrals for non-veteran partners of Veterans. Monitor screening, referral and treatment data. Develop relationships with community providers. Train community partners. Maintain and disseminate current list of community resources. Meet National Program reporting requirements. VETERANS HEALTH ADMINISTRATION 11

Why Screening for Experience of DV/IPV is important Prevalence of DV/IPV Impact of DV/IPV on mental and physical health outcomes Mental Health issues: Depression, substance use, suicide (de Boinville 2013) Healthcare settings particularly lend themselves to screening for DV/IPV Patients are usually seen individually. (de Boinville 2103) Providers can discuss abuse and violence in the context of health care to help patients understand the connection between abuse and their physical/mental health and wellbeing. (de Boinville 2013) Patients believe healthcare providers should screen for DV/IPV. (Burge et al 2005) VETERANS HEALTH ADMINISTRATION 12

Women s Veterans Preferences for Screening Women Veterans generally support screening for DV/IPV. Give Veteran a choice about what, when, to whom, and how to disclose. Provide follow-up support. Ask permission before documenting IPV in healthcare record. Providers should be knowledgeable about VA and community resources. Offer a head-ups before beginning the screen. Avoid clinical terms. Be present and tuned-in. From Iverson et al. (in press) Women veterans preferences for intimate partner violence screening and response procedures within the Veterans Health Administration. VETERANS HEALTH ADMINISTRATION 13

SAFER Screening Protocol Screen with E-HITS Acknowledge and validate Focus on safety using danger assessment items Educate Referral and documentation options SAFER Protocol developed by VHA DV/IPV Assistance Program Pilot Project Team VETERANS HEALTH ADMINISTRATION 14

E-HITS Screening Tool The DV/IPV Assistance Program recommends use of the E-HITS Screening tool to assess for the presence of DV/IPV. The Tool consists of 5 questions: H: Has your partner ever physically hurt you in the past 12 months? I: Has your partner ever insulted you in the past 12 months? T: Has your partner ever threatened to harm you in the past 12 months? S: Has your partner ever screamed or cursed at you in the past 12 months? Extended: Has your partner ever forced you to have sexual activities in the past 12 months? The Veteran is asked to respond to each of the above questions with one of the following: 1. Never 2. Rarely 3. Sometimes 4. Often 5. Frequently HITS copyrighted in 2003 by Kevin Sherin MD, MPH. VHA has obtained permission to use E-HITS internally for non-profit purposes. Please seek permission from Dr. Sherin (kevin_sherin@doh.state.fl.us) before use. VETERANS HEALTH ADMINISTRATION 15

Communities of Practice A community of practice is a group of people who share a concern or a passion for something they do, and learn how to do it better as they interact regularly. (Wenger-Trayner 2014). A community of practice is held together by the learning value members find in their interactions. They may perform tasks together, but these tasks do not define the community. It is the ongoing learning that sustains their mutual commitment. Members may come from different organizations or perspectives, but it is their engagement as individual learners that is the most salient aspect of their participation. The trust members develop is based on their ability to learn together: to care about the domain, to respect each other as practitioners, to expose their questions and challenges, and to provide responses that reflect practical experience (Wenger-Trayner 2014). VETERANS HEALTH ADMINISTRATION 16

DV/IPV Communities of Practice How can a Community of Practice assist us in serving Veterans who experience or use DV/IPV? Relationships and networks. Increase knowledge via case based learning and multi-disciplinary information exchange. Opportunity for reflective practice. (Kings College London 2013). From: Hennessy, C. et al., (2013). Toolkit: Developing a Community of Practice. VETERANS HEALTH ADMINISTRATION 17

Developing a DV/IPV Community of Practice Inquire (Who? Purpose? Goals? Vision?). Design (Activities/technologies/group processes/roles). Prototype (pilot the community of practice with key stakeholders). Launch (Roll out the community to a broader audience over time). Grow (Collaborative learning and knowledge sharing activities). From: Cambridge et al., (2005) Community of Practice Design Guide. VETERANS HEALTH ADMINISTRATION 18

Key DV/IPV Community of Practice Members VA Staff (DVC, VJO, Homeless Program, Mental Health, Women s Health, Primary Care, OEF/OIF/OND, Caregiver Support Program, Health Services Research & Development, VBA Point of Contact) Domestic Violence Shelter Homeless Shelters Community Domestic Violence Counseling Programs Supervised Visitation Programs Local DV Coalition Intervention Programs Treating Individuals Who Use DV/IPV Legal Aid Office of District Attorney/State Attorney Law Enforcement Child Welfare State/County Health and Human Services/Entitlements Programs VETERANS HEALTH ADMINISTRATION 19

Web Links to learn more about DV/IPV Centers for Disease Control: http://www.cdc.gov/violenceprevention/intimatepartnerviolence/index.html Futures without Violence: http://www.futureswithoutviolence.org/ Motivational Interviewing with Individuals Experiencing IPV: http://www.youtube.com/watch?v=p3juxq4kkhs&list=pl5a76222400692548&index=2 http://www.youtube.com/watch?v=lrnkeqruyjm&index=3&list=pl5a76222400692548 http://www.youtube.com/watch?v=jxnbqkmw1wg&index=4&list=pl5a76222400692548 National Domestic Violence Hotline: http://www.thehotline.org/ (this website also lists contact information for State Coalitions and LGBT resources). Simmons College School of Social Work Self-Paced Domestic Violence Training: http://www.simmons.edu/ssw/academics/professional/online/domestic-violencetraining/index.php Veterans Affairs Women Veterans Health Care: http://www.womenshealth.va.gov/womenshealth/outreachmaterials/abuseandviolence /intimatepartnerviolence.asp VETERANS HEALTH ADMINISTRATION 20

References Burge S. et al., (2005) Patients Advice to Physicians About Intervening in Family Conflict, Annals of Family Medicine, (3), 248-54. Cambridge D. et al., (2005). Community of Practice Design Guide Retrieved 2014, March 11 from http://net.educause.edu/ir/library/pdf/nli0531.pdf Centers for Disease Control and Prevention (2014, March 11). Intimate Partner Violence: Definitions. Retrieved from http://www.cdc.gov/violenceprevention/intimatepartnerviolence/definitions.html Chan et al., (2010) Reliability and Validity of the Extended Hurt, Insult, Threaten, Scream (E-HITS) Screening Tool in Detecting Intimate Partner Violence in Hospital Emergency Departments in Hong Kong. Retrieved from http://www.hkcem.com/html/publications/journal/2010-2/p109-117.pdf De Boinville, M., (2013) APSE Policy Brief: Screenings for Domestic Violence in Health Care Settings. Retrieved from http://aspe.hhs.gov/hsp/13/dv/pb_screeningdomestic.cfm VETERANS HEALTH ADMINISTRATION 21

References (cont d) Hennessy, C. et al., (2013). Toolkit: Developing a Community of Practice. Kings College London. Retrieved 2014, March 11 from http://www.revolvingdoors.org.uk/documents/toolkit-for-developing-a-community-of-practice/ Iverson, K. M., King, M. W., Resick, P. A., Gerber, M. R., Kimerling, R., & Vogt, D. (2013). Clinical utility of an intimate partner violence screening tool for female VHA patients. Journal of General Internal Medicine, 28, 1288-1293 Iverson, K. M., Huang, K., Wells, S. Y., Wright, J., Gerber, M. R., & Wiltsey-Stirman, S. (in press). Women veterans preferences for intimate partner violence screening and response procedures within the Veterans Health Administration. Research in Nursing & Health. Wallace, H. (2004). Family Violence: Legal, Medical and Social Perspectives. Allyn & Bacon. Wenger-Trayner Website (2014 March 11) Retrieved from http://wengertrayner.com/resources/what-is-a-community-of-practice VETERANS HEALTH ADMINISTRATION 22

Q&A / Contact Information Questions? Jennifer.Broomfield@va.gov 202-461-0254 VETERANS HEALTH ADMINISTRATION 23

The Drug Court Judicial Benchbook Editors Douglas B. Marlowe, J.D., Ph.D. Judge William G. Meyer (Ret.) February, 2011

The Drug Court Judicial Benchbook Prepared by the National Drug Court Institute, the education, research, and scholarship affiliate of the National Association of Drug Court Professionals. Copyright 2011, National Drug Court Institute National Drug Court Institute C. West Huddleston, III, Chief Executive Officer Carolyn Hardin, Executive Director 1029 N. Royal Street, Suite 201 Alexandria, VA 22314 Tel. (703) 575-9400 Fax. (703) 575-9402 www.ndci.org This project was supported by Grant No. 2009-DD-BX-K149 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the National Drug Court Institute. Printed in the United States of America. Drug courts perform their duties without manifestation, by word or conduct, of bias or prejudice, including, but not limited to, bias or prejudice based upon race, gender, national origin, disability, age, sexual orientation, language, or socioeconomic status.

Acknowledgements The National Drug Court Institute (NDCI) is grateful to the Office of National Drug Control Policy (ONDCP) of the Executive Office of the President and the Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) at the U.S. Department of Justice (DOJ) for the support that made this publication possible. NDCI owes its sincere gratitude to drug court practitioners across the nation who submitted or reviewed the individual chapters that form the basis of this benchbook. Without their willingness to share their knowledge, this project would not have been possible. NDCI has made every effort to faithfully present the substance of each chapter just as the author(s) submitted it. The views expressed in each chapter are those of the author(s) and do not necessarily reflect the views of all of the contributing practitioners or reviewers, NDCI, ONDCP, OJP, BJA, or DOJ. Contributing Authors Paul L. Cary, M.S. Director, Toxicology Laboratory University of Missouri Health Care Carson L. Fox, Jr., J.D. Director of Operations, National Association of Drug Court Professionals Judge Karen Freeman-Wilson (Ret.) Former Chief Executive Officer, National Association of Drug Court Professionals Former Executive Director National Drug Court Institute Steve Hanson, M.S.Ed, LMHC, CASAC Director, Bureau of Treatment Services NYS Office of Alcoholism and Substance Abuse Services Carolyn Hardin, M.P.A. Senior Director National Drug Court Institute Douglas B. Marlowe, J.D., Ph.D. Chief of Science, Policy & Law, National Association of Drug Court Professionals Judge William Meyer (Ret.) Senior Judicial Fellow National Drug Court Institute Judge Jeffrey Tauber (Ret.) President Emeritus, National Association of Drug Court Professionals Director, Reentry Court Solutions Helen Harberts, M.A., J.D. Special Assistant District Attorney (Ret.) Chief Probation Officer (Ret.) Butte County, California iii

Reviewers and Consultants NDCI would also like to thank the Drug Court Judicial Guidance Manual Committee for their invaluable contributions as reviewers and consultants. They are as follows: Honorable Alonso Alfonso Honorable Michael J. Barrasse Honorable Joel Bennett Honorable William F. Dressel Honorable Leonard Edwards (Ret.) Honorable Susan Finlay (Ret.) Honorable Rogelio R. Flores Carson Fox Honorable Lawrence P. Fox (Ret.) Honorable Karen Freeman-Wilson (Ret.) Carolyn Hardin Honorable Peggy F. Hora (Ret.) C. West Huddleston, III Honorable Kent Lawrence Honorable William G. Meyer (Ret.) Honorable Nicolette M. Pach (Ret.) Honorable Louis J. Presenza (Ret.) Honorable Bill Schma (Ret.) Honorable John R. Schwartz Honorable Jeffrey Tauber (Ret.) Honorable Avril Ussery Sisk (Ret.) Meghan Wheeler This publication could not have come to fruition without the valuable editorial work of the following individuals: Jill Beres, Consultant Jane E. Pfeifer, Consultant and Adjunct Professor Justice Development & Training; California State University, Chico Nancy L. Urizar, J.D., Ph.D., Consultant Jennifer L. Carson, Editcetera No publication comes to completion without the hard work and dedication of the people who oversee and manage the project. NDCI acknowledges the outstanding work of the following people in helping to produce this publication: Leonora Fleming, National Drug Court Institute Kelly Stockstill, National Drug Court Institute iv

Table of Contents FOREWORD... xi PREFACE... xiii INTRODUCTION........................................ 1 THE HISTORY OF DRUG COURTS................................... 1 THE PRESENT FOR DRUG COURTS....2 THE FUTURE OF DRUG COURTS: THIS JUDICIAL BENCHBOOK...........2 CHAPTER 1 DRUG COURTS: BACK TO THE FUTURE......... 7 I. [ 1.1] INTRODUCTION.......................................9 II. [ 1.2] THE HISTORICAL CONTEXT...9 III. [ 1.3] THE ADVENT OF DRUG COURTS...11 IV. [ 1.4] THE CRITICAL PARTNERSHIP OF JUDICIAL LEADERSHIP AND COMMUNITY...13 V. [ 1.5] THE IMPORTANCE OF GOING TO SCALE...14 VI. [ 1.6] REENTRY DRUG COURT: THE FINAL FRONTIER.............15 VII. [ 1.7] WHY YOU SHOULD GET INVOLVED....................... 16 CHAPTER 2 GETTING STARTED... 19 I. [ 2.1] INTRODUCTION...................................... 21 II. [ 2.2] THE DRUG COURT TEAMS...21 A. [ 2.3] STEERING COMMITTEE...21 B. [ 2.4] DRUG COURT TEAM....23 C. [ 2.5] EXTENDED DRUG COURT TEAM...24 III. [ 2.6] DEFINING THE PROBLEM...24 IV. [ 2.7] ESTABLISHING A MISSION...26 V. [ 2.8] MEASURABLE GOALS AND OBJECTIVES...28 A. [ 2.9] PROGRAM GOALS...29 B. [ 2.10] OBJECTIVES...................................... 29 C. [ 2.11] MISSION STATEMENT................................ 29 VI. [ 2.12] GATHERING RESOURCES...30 VII. [ 2.13] DETERMINING ELIGIBILITY CRITERIA....31 VIII. [ 2.14] SELECTING THE DRUG COURT MODEL...33 A. [ 2.15] PRE-PLEA DIVERSION...33 B. [ 2.16] DIVERSION WITH STIPULATION OF FACTS....33 C. [ 2.17] POST-PLEA, PREADJUDICATION....34 v