What is Drug Court? Why Drug Court?

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Lydia Hines
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1 Denver Adult Drug Court Participant Handbook 1

2 What is Drug Court? Drug Court is designed for individuals who have criminal charges and a history of abuse or addiction to drugs/alcohol. Drug Court is about breaking the cycle of abuse and addiction of drugs/ alcohol and related criminal behavior. Drug Court is an intensive treatment program that takes a lot of hard work. Drug Court is for individuals who want to make positive, long-lasting changes. Drug Court is not an easy way to avoid jail or other consequences related to criminal behavior. Drug Court is not a quick fix to a criminal court case. The Denver Adult Drug Treatment Court is a function of the Denver District Court, and supervises both felony and misdemeanor cases. Drug Court is a court monitored treatment program for City and County of Denver defendants who have pending/deferred or adjudicated criminal charges and who are also abusing or addicted to drugs. It is a voluntary program by way of plea agreement. Participants have agreed to appear at regularly scheduled Drug Court reviews in front of the Drug Court Magistrate and have also agreed to follow a treatment plan that is prescribed to meet their individual needs. Why Drug Court? Because you have been selected to become a Drug Court participant, you will have likely received a significantly better plea bargain, providing you with a reduction of charges to a misdemeanor offense, a deferred judgment, or a lesser degree felony. If you have a deferred judgment and complete the Drug Court Program successfully, you will be eligible to have your original charges dismissed and sealed. The Drug Court Team is comprised of drug court staff, probation officers, district attorneys, public defenders, and representatives of the Crime Prevention and Control Commission, all of whom are invested in helping you successfully complete the Drug Court Program and attain a life of sobriety In addition to the Drug Court Team members, relationships have been forged with a variety of service providers in the greater Denver area who will be there to offer you support and to implement services that can help you make long lasting changes in your life. The Drug Court Team is here to give you support and encouragement when you do well and guide you back on track if you are struggling. 2

3 Basic Rules Drug Court has rules. The basic rules are: Keep all of your appointments with the court, your probation officer and treatment provider. Be responsible and be on time. Wear proper clothing to Drug Court reviews, treatment centers, and all other service appointments. Clothing that has alcohol or drug related advertisements or themes are not to be worn to the court, probation department or treatment centers. Make your probation officer and the court aware if there are changes in your life; changes in address, employment or telephone number, medical/health condition(s), or any medications you may be prescribed. Submit to urine/breath tests, or any other substance abuse testing; hair follicle, mouth swab, etc., as directed by the court, probation or, treatment provider. Do not drink alcohol in any form (beer, wine, liquor, over-the-counter medications, etc.) and do not use any illicit drugs or prescription medication not specifically prescribed for you. If you take prescription medication or you are given a new prescription while you are a Drug Court participant, you must advise your probation officer immediately and provide any requested documentation pertaining to that prescription. You may also be asked to sign a release of information so that your probation officer may confirm the status/prognosis of your illness or injury. Respect others in the Drug Court Program. Verbal and/or physical threats toward anyone in the program, in the courtroom, or a member of the Drug Court Team, are not acceptable. This kind of behavior will be reported immediately to the Court and may lead to serious sanctions or your termination from the Drug Court Program. Keep all receipts you receive; proof of submitting your UAs or attendance at treatment/support groups, or useful public service and provide receipts to the probation officer or the court in the event such needs to be verified. 3

4 It is best to keep a folder of your receipts and any other documentation and bring the folder to court with you each time. BE HONEST with your probation officer, treatment providers, the Magistrate, the Drug Court Team, your social supports and most importantly, yourself. Treatment Upon entering the Drug Court Program, you will be administered assessments that will determine an appropriate level of treatment and monitoring, specific to your individual needs. Treatment and monitoring are court ordered conditions of your probation supervision, with which you must comply. Once the level of treatment has been determined, you will be referred to a local area treatment provider that best suits your individual needs. If you are already engaged in treatment, please discuss this with your probation officer, so that you can maintain treatment continuity. Treatment works if you are willing to stick with it and put forth the effort! Alcohol and Drug Testing As a Drug Court participant, you will be required to submit to random alcohol & drug testing. Testing may be conducted by various methods; breathalyzer, urinalysis, mouth swabs, or hair follicle. Testing is random; it is important that you not try to guess or predict when it may occur, but rather, be true to yourself and comply with testing requirements. In addition to your random drug and alcohol testing, you may be asked to submit to an additional drug or alcohol test, at any time, by the Drug Court Magistrate, probation officer or treatment provider. Your probation officer will provide you with a telephone number to call seven days a week, from which you will hear a pre-recorded message. The message will direct participants with a certain color code to report to the drug testing site between required hours to submit an alcohol/drug screen. What We Do for You Your treatment plan will be based on your individual needs and will include the 4

5 use of several different community resources. Most importantly, every participant in Drug Court will be expected to be involved in Alcohol & Drug Treatment at a level of care that is best suited for them. You may be referred for inpatient services, intensive outpatient services (IOP), outpatient services, halfway house or residential services, or a combination of these. You may be referred or directed to attend sober/drug free self-help groups in the community, as deemed appropriate. Mental health counseling needs will be assessed for every participant and, if treatment is recommended, you will be supported by the drug court team in receiving appropriate supervision and referral for resources. Drug Court participants are provided with educational and employment referrals; training and readiness classes, and other services will be made available as needed. Referrals for Public Assistance and Medicaid will also be made for you as needed. Transportation and housing assistance, while limited, can be made available to those in need. Referrals for resources addressing homelessness are also available. Reentry services are available for both misdemeanor and felony participants discuss with your probation officer what services are available to you; obtaining prescription medication, obtaining identification, employment preparation and referrals, education and training services, clothing, transportation, housing and more. Treatment/Program Phases Phase One Orientation and Information minimum of 90 days Submit a minimum of eight to ten urine screens a month Attend and participate in a treatment program as directed by your probation officer or the Drug Court Magistrate Appear in Drug Court for review hearings as scheduled Meet with your probation officer as scheduled 5

6 To move from Phase One to Phase Two Have 90 consecutive days of clean urinalyses No missed urine screens for 60 consecutive days No dilute specimens for 60 consecutive days In compliance with your prescribed treatment regimen In compliance with the conditions of probation The Magistrate will advance the participant to Phase Two consistent with the goals of Drug Court Phase Two Restructuring minimum of 120 days Submit a minimum of four to six urine screens a month Attend and participate in a treatment program as directed by your probation officer or the Drug Court Magistrate Appear in Drug Court for review hearings as scheduled; the occurrence of which may be less frequent than that of Phase One Remain in compliance with the terms and conditions of probation Execute a payment agreement for payment of fines and costs and begin making payments as outlined in the payment plan Begin working community service hours as ordered by the Drug Court Magistrate To Move From Phase Two to Phase Three Have 120 consecutive days of clean urine screens Have no missed urine screens for 60 consecutive days No dilute specimens for 60 consecutive days Remain in compliance with the prescribed treatment program Have executed a payment plan for payment of fines and costs Enrolled in a community service program The Magistrate will advance the participant to Phase Three consistent with the goals of Drug Court Phase Three Relapse Prevention Independence & Mastery minimum of 180 days Submit a minimum of two to six urine screens a month If required, attend and participate in the prescribed treatment program 6

7 Appear in Drug Court for review hearings as scheduled; the occurrence of which may be less frequent than that of phase two Current on payments towards fines and costs, as ordered by the Drug Court Magistrate Complete all ordered community service hours Remain in compliance with the terms and conditions of probation Submit and pass a Hair Follicle drug test; confirming required months of sobriety The Magistrate graduates the participant consistent with the goals of the Drug Court Requirements for Graduation Have 180 consecutive days of clean drug and alcohol screens Have no missed urine screens for 120 consecutive days Have no dilute specimens for 120 consecutive days Have completed the prescribed treatment regimen In compliance with the established payment plan Have all community service hours completed Graduation Upon completion of the requirements established for graduation from Drug Court, a graduation ceremony is held in honor of the graduates. Friends and family members of the graduate are invited to attend the graduation, where the graduate receives a Certificate of Graduation and is offered the opportunity to address those in attendance. Following the graduation, graduates are required to meet once more with their probation officer to fulfill post-graduation matters. Graduates are encouraged to participate in monthly support meetings to discuss accomplishments and challenges faced since graduation. This would be considered the maintenance phase of living a clean, sober and legal lifestyle. Graduates are also encouraged to support current participants. Sanctions and Incentives Drug Court relies on and emphasizes frequent judicial contact with each Drug Court participant. At each review hearing, scheduled before a Drug Court Magistrate, the Magistrate is provided with written or verbal reports of the 7

8 participant s progress. Participants have the opportunity to respond to the probation officer s report and discuss with the court their accomplishments or concerns. At these reviews Be Imposed:, the Drug Court Magistrate may impose sanctions for non-compliance or offer rewards for compliance and sobriety. If a participant is having particular problems with compliance, the Drug Court Magistrate may increase the frequency of reviews. Sanctions At review hearings, the Drug Court Magistrate considers any allegations of noncompliance as presented by the probation officer. The Magistrate then selects an appropriate sanction based on the individual s circumstances and the nature of the violation and history of compliance. Possible Sanctions That Could Reprimand and warning by the Magistrate Custody in the courtroom for the balance of the review hearing Attendance at a Drug Court graduation Personal Essay/Speech Suspension of travel privileges Increased community service hours Modification of current phase; º Increased drug and alcohol testing º Intensified treatment or additional treatment Delay in phase change or starting phase over Immediate court appearance with probation officer for immediate sanction Saturday work program Mandatory attendance in support groups, in addition to the prescribed treatment regimen Placement in the SCRAM program or a similar alcohol monitoring program Suspended jail sentence Home detention through electronic home monitoring or GPS Jail sentence up to 30 days Incentives Incentives are offered by the Drug Court Magistrate at the review hearings. Incentives are for participants who remain in program compliance. The basis for each incentive is discussed with the participant. 8

9 Incentives can include: Praise, encouragement and clapping Swift progression through each phase of the program, accomplished by scheduling review hearings as soon as possible after the time when phase is completed Recognition certificates Gift Cards for retail stores, RTD passes, Sporting and Special Event tickets Early call at review hearings 10 dollars per hour credit on fines and costs for extra community service hours Fee reductions for completion of in-patient programs Fee reductions for educational and/or job training programs. *Note: Fines and Cost reductions are credited/waived only upon graduation Your Responsibilities Attendance at appointments As a Drug Court participant, you will need to attend many different appointments for court review hearings, treatment and testing, counseling, education, and other types of services. It is your responsibility to schedule your own appointments, record them, and attend the appointments as scheduled. It is very important to keep all of these appointments and to be on time. Being late to appointments can result in a cancellation, which will be considered a missed appointment. This could lead to court imposed sanctions. Attendance at Drug Court Reviews You will be scheduled for Drug Court reviews in conjunction with your phase in the program. For example, if you are in Phase I, you will attend Drug Court review hearings every two weeks. Make it a point to be on time for Drug Court reviews. Sign in upon your arrival; remember, first come - first served. During Drug Court reviews the Magistrate will speak with each participant about their progress and/or problems they may be experiencing. Termination from Drug Court May Result From: Committing a new crime that has been identified as a disqualifying offense Frequent or ongoing use of illegal substances Noncompliance with treatment 9

10 Absconding from the program Releases of Information Each Drug Court participant will sign a release of information which will allow the Drug Court Team and treatment providers to communicate about your progress. You will also need to sign releases throughout the program to assist in arranging other services as appropriate. If you are not already enrolled in a support group, we encourage You to contact one of the agencies listed below. AA Alcoholics Anonymous (303) Website: NA Narcotics Anonymous (303) Website: CA Cocaine Anonymous (303) Website: Phoenix Multisport (303) Website: Denver Drug Court Aftercare Group is on Tuesday evenings 6-7 p.m. in Court Room 6 (Room209), if you attend, you will receive a $25 credit toward your fines and costs for every class you attend. Let us know if you have any questions and/or concerns, or if you are in need of additional referrals or resources Catholic Charities Employment Denver Rescue Mission Center for Women s Employ Denver s Road Home Center for Work Ed & Employ Drug Tip Hotline CO Coalition for Homeless Family Services CO Community Health Goodwill Industries Community Outreach Center Inner City Health Center Community Reentry Project Legal Aid Foundation Community Resource Center Mental Health Center of Denver County Court Probation Metro Area Charities Day Shelter for Homeless Public Defender s Office Denver Adult Probation Public Education Coalition Denver Drug Court Suicide / Depression Hotline Denver Gang Coalition Vocational Rehabilitation Denver Housing Authority Youth Support Hotline Denver Kids Incorporated Urban Peak

11 Personal Notes: 11

12 It s Choice Not Chance, That Determines Your Destiny Life is opportunity; benefit from it Life is beauty; admire it Life is a dream; realize it Life is a challenge; meet it Life is a duty; complete it Life is a game; play it Life is a promise; fulfill it Life is sorrow; overcome it Life is a song, sing it Life is a struggle, accept it Life is a tragedy, confront it Life is an adventure, dare it Life is luck, make it Life is too precious, do not destroy it Life is life, fight for it 12

Welcome to. St. Louis County Adult. Drug Court. This Handbook is designed to:

Welcome to. St. Louis County Adult. Drug Court. This Handbook is designed to: Welcome to St. Louis County Adult Drug Court This Handbook is designed to: Answer questions Address concerns Provide information about Drug Court As a participant in the program, you will be required to