Felony Drug Court Participant Overview

Transcription

1 Felony Drug Court Participant Overview Welcome to the Mahoning County Felony Drug Court. You have been referred to the Drug Court and are being considered for entrance into the program. While in the Drug Court, you are required to follow through with all of the obligations placed upon you. Entrance into the Felony Drug Court is a PRIVILEGE- the team expects that you will take advantage of this unique opportunity to live a sober, crime-free life. The primary function of the Drug Court is to ensure that you live a life free of drugs and alcohol. While you are participating in this program, Judge Durkin and the Felony Drug Court team will monitor your progress in the program. You will be required to make regular appearances before the Judge. Your legal counsel will not be present during these appearances and will only be present during your plea, last chance hearing, and sentencing hearings, if these become necessary. If you do well in treatment and other required programming, you will be granted rewards. If you fail to comply with the rules, Judge Durkin will impose sanctions. The following is what you can expect while you are a participant in the Mahoning County Felony Drug Court program: If you successfully complete the Drug Court program, your Felony Drug Court charge will be dismissed. You will be required to retain an attorney to file a motion to have your records expunged and/or sealed. This fee is established by each attorney and may vary. The filing fee for the motion for expunging your record is $50.00 and will be charged in addition to any legal fees. While engaged in the Drug Court program, you are required to comply with all of the rules and procedures of the agencies to which you have been referred, in addition to the rules and regulations of the Drug Court program which are included here. Each participant is dealt with on an individual basis and their course of treatment, legal requirements and case management plan is based on their assessed level of need by the Drug Court team and varies from person to person. Initially, you must appear before Judge Durkin on a weekly basis. If you do well with all program requirements, your court appearances will be reduced. On the other hand, if you are having problems with your recovery, you will appear before the Judge more often. You are required to submit to weekly random urine tests at T.A.S.C. You are NOT permitted to drop at CCA unless you have the written consent of your case manager. Your T.A.S.C. case manager will introduce herself after you plea into court and arrange to meet with you that day. T.A.S.C is located at 105 E. Boardman St., Youngstown, OH, You will also meet your assigned probation officer after court and he will set an initial meeting. The APA office is located at 2503 Belmont Ave., Youngstown, OH,

2 Minimum Graduation Requirements Six (6) consecutive months of sobriety prior to graduation A sponsor A home group Restitution paid (If required under your plea agreement or by Court Order) GED obtained if you are not a high school graduate Valid drivers license Full-time employment or school, or a combination of both Community Service hours completed (if applicable) $25.00 Monthly Administrative Fees paid in full (due by the 15th of each month) $10.00 Monthly T.A.S.C. Case Management Fees paid in full (Due by the 15th of each month) Urinalysis Co-Payments paid in full This is a list of recommended requirements for completion of the Drug Court. Effort to work toward these goals is required. Each participant is dealt with on an individual basis and their eligibility for graduation will be determined by the Drug Court team and ultimately, Judge Durkin. -2-

3 There are several phases to the Drug Court program. The minimum time in the Felony Drug Court program is one year, but may be longer depending on how quickly you engage in treatment and how well you progress through these phases. Each phase is designed to help you in your recovery and is monitored by the Drug Court team and Judge Durkin. Upon recommendation of the entire team, you will be moved into the next phase of the program. Phases vary for each individual and each phase will last as long as clinically appropriate. Phase I: Treatment This is the initial phase of the Program and varies for each individual. During this phase, you will also be required to: Engage in your assessed level of treatment whether that is in-patient or outpatient. This level is determined by the Drug Court team. Needs are assessed on an ongoing basis and referrals will be made as needed. As treatment allows: Attend 3 AA/CA/NA meetings per week and provide proof to the Judge at each of your scheduled court appearances. Submit to random drug tests weekly. Attend court as scheduled. Meet with your T.A.S.C. case manager as scheduled. Report as directed to the Adult Parole Authority. Phase II: Life Skills During this phase, you will continue to focus on your sobriety, but also work toward meeting your legal requirements and those life goals necessary to complete the program. You will also be required to: Attend 4 outside AA/CA/NA meetings per week and provide proof to the Judge at each of your scheduled court appearances. Submit to random drug tests as required. Attend court as scheduled. Meet with your T.A.S.C. case manager as scheduled. Report as directed to the Adult Parole Authority. Begin steps to obtain employment or register for school if you haven t already done so. Identify a plan to obtain your driver s license. Develop a restitution payment plan with the prosecutor if necessary. Phase III: Transition During this phase, you will work with the Drug Court team, your sponsor and other supports to establish long-term personal, professional and recovery goals and develop strategies to achieve them. You will also be required to: Attend 5 outside AA/CA/NA meetings per week and provide proof to the the Judge at your scheduled court appearances. Submit to random drug test as required. Attend court as scheduled. Meet with your T.A.S.C. case manager as scheduled. Report as directed to the Adult Parole Authority. -3-

4 Important Addresses & Phone Numbers Mahoning County Common Pleas Ct. Judge John M. Durkin 120 Market Street Youngstown, Ohio (330) Court Personnel: Felony Drug Court Coordinator Adult Parole Authority 20 Federal Plaza West, 2 nd Floor 2503 Belmont Avenue Youngstown, OH Youngstown, OH (330) (330) Felony Drug Court Prosecutor Mahoning County T.A.S.C. 21 West Boardman Street Drug Court Case Manager Youngstown, OH E. Boardman Street (330) Youngstown, OH (330) Treatment: Meridian Services, Inc. Neil Kennedy Recovery Clinic 527 North Meridian Road 2151 Rush Boulevard Youngstown, OH Youngstown, OH (330) (330) Neil Kennedy Austintown Turning Point Counseling 5611 Mahoning Avenue, Suite Belmont Ave Austintown, OH Youngstown, OH (330) (330) Community Corrections Association 1507 Market Street Youngstown, OH (330) Help Hotline (330)

5 Mahoning County Felony Drug Court Participant Rules Drug Court begins at 8:30 A.M. every Wednesday. Judge Durkin s Court is located on the 2 nd floor of the Mahoning County Courthouse. ALWAYS ARRIVE ON TIME. You will attend Drug Court the week you plead in. This will allow you to view the proceedings and understand what will be expected of you. If you are going to be late for Drug Court or you are unable to attend Drug Court, notify your T.A.S.C. Case Manager PRIOR to court. If you are late for or miss Drug Court, you will be required to provide written documentation as to why you were late or missing. If you are not able to provide documentation or if the reason is unacceptable, a sanction will be imposed. NEVER LIE. When you appear before Judge Durkin, it is extremely important to be open and honest. Honesty is the first step in recovery. If you have new charges filed against you, criminal or traffic, in any jurisdiction, or have any contact with a police agency, notify your Probation Officer IMMEDIATELY. You are required to bring written verification to Drug Court of any AA/CA/NA meetings that you attend. Verification must be presented to the Judge when you appear before him in court on Wednesday morning. The chairperson of the meeting you attend should sign your meeting slips. Failure to provide verification of attendance will result in a sanction. Do not bring drugs, weapons, urine or other contraband onto the Drug Court premises. You will be searched upon entering the building. If you are found with such items in your possession, you may be subject to arrest and prosecution. Do not bring food or drinks onto the Drug Court premises. Turn off all pagers and cellular telephones prior to entering the courtroom. You MUST dress appropriately for court. Tank tops, halters, saggy pants, bare midriffs, hats, and sunglasses (unless required by your doctor) are not acceptable. ANYTHING THAT ADVERTISES ALCOHOL OR OTHER DRUGS IS NOT ACCEPTABLE. Feel free to bring family, friends, or your sponsor to Drug Court, as emotional support is important to your recovery. Respect your Drug Court peers, staff, and all courthouse personnel and property at all times. You, in turn, will be treated with respect. Sexual, physical, or verbal harassment will not be tolerated. Please clean up after yourself and keep the bathroom, waiting area, and courtroom neat. You may be required to give a random urine test whenever you come to Drug Court. If you are given a random urine test in Drug Court, you are still responsible for calling the code-a-phone daily. You are required to submit random urine tests during all phases while engaged in outpatient treatment. A $10.00 co-pay is required for each random urine test -5-

6 rendered at T.A.S.C. which is to be paid to T.A.S.C. at the time you render the urine test. You are responsible to call the code-a-phone every day, INCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS. The telephone number is (330) If your SOCIAL SECURITY NUMBER or your CURRENT PHASE (i.e. PHASE I, II, or III) has been selected for that day, you are required to render a urine test at T.A.S.C. They will provide you with a copy of their operating hours. T.A.S.C. closes promptly and will not accept urine tests at closing time. You should arrive at least thirty (30) minutes before T.A.S.C. closes or you may not have enough time to render your urine test; if you do not render a urine sample you will be considered dirty and sanctioned. BRING A PHOTO ID AND BE PREPARED TO RENDER A URINE TEST. You are required to drop at T.A.S.C. In order to drop at CCA, you must provide a valid reason (e.g. work schedule) and receive permission from your case manager or probation officer. Your case manager will then issue a pass authorizing you to drop at CCA. You MUST show this pass to CCA staff in order to be able to render a urine test there. Finally, if you are permitted to drop at CCA, you MUST bring your receipts to court which verifies you did render there. All urine tests MUST be rendered at CCA before 11:00 P.M. A missed urine test is the same as a dirty urine test. Either of these will result in a 6-month extension in your Drug Court involvement. Urine test tampering or diluting your sample will be treated as a positive urine test. If you are required to provide a random urine screen in court, you are still responsible for calling the code-a-phone that day. If your urine test is positive and you wish to have it re-tested for confirmation you will be expected to pay the price for the test. Confirmation tests are $45.00, which MUST be paid at the time you request the re-test. If the test is returned negative, your money will be credited to your Drug Court fees. If the confirmation is positive, the sanction will be twice as severe. Your confirmation must be paid for by the Friday following court. If you are leaving the county or state for any amount of time, you MUST inform your Probation Officer and get permission to do so. In addition, you need to arrange for drug testing through your Case Manager. You must submit a change of address to your Probation Officer and Case Manager PRIOR to moving. All participants not in an Inpatient setting are required to report monthly to the Adult Parole Authority. You will also be required to sign and follow APA supervision condition. YOU MUST ABSTAIN FROM USING ALCOHOL AND ILLEGAL DRUGS. The Drug Court has a zero tolerance policy. This includes doctor prescribed narcotic medication(s). In addition to doctor prescribed medication(s), it is your responsibility to read the labels of all over-the-counter medications to ensure there are no substances, including alcohol, which may cause a positive urine test. You are not permitted to take either over-the-counter sleep aids or any other medication(s) that has as its sole purpose to alter a person s mood. -6-

7 If your doctor prescribes you ANY type of medication, it is YOUR responsibility to inform him/her that you are in recovery and receive random drug tests. Upon receiving ANY prescription, contact your case manager for guidance. If you receive permission from the Drug Court team to take Suboxone, you will be tested regularly and you must sign a release to your DEA-certified physician. You should test positive. If you do not, your physician will immediately be contacted. If you test negative, your physician will immediately be contacted and your medication will be counted to ensure you are not selling or giving your prescription to others. This is drug trafficking and you will be terminated from the program. You are not permitted to eat poppy seeds or any other substances that may alter the results of your urine test. You are not permitted to frequent bars or establishments whose primary income is derived from the sale of alcohol, beer, or liquor. You should stay away from any individuals who use illegal drugs. PEOPLE, PLACES AND THINGS! You are required to obtain employment while participating in Drug Court. All fines and costs specific to this case must be paid in order to be eligible for graduation. It is a good goal to take care of all outstanding costs in all cases, if possible, to truly graduate with a clean slate. All restitution must be paid in full in order to be eligible for graduation. You must work out a payment plan with your Case Manager in conjunction with the prosecutor in order to pay the victim of your crime. You must obtain, or make reasonable efforts to obtain a valid driver s license in order to be eligible for graduation. If you have not graduated from high school, you must obtain or make reasonable efforts to obtain a High School diploma or GED in order to be eligible for graduation. Regular school attendance is required while in the program. REMINDER: Refraining from the use of drugs and alcohol is only ONE PART of your recovery. In order to completely abstain from using drugs, you will need to change your ENTIRE lifestyle and thinking process. Obtaining employment and your GED, paying off old fines and restitution, associating with others involved with the 12-step Recovery Program will be the key to making your recovery an easier process. -7-

8 MAHONING COUNTY DRUG COURT GRADUATED SANCTIONS These sanctions were developed and recommended by the Treatment Team. However, discretion on sanctions ALWAYS lies in the hands of the judge. LEVEL A VIOLATIONS A1) Disengagement From Treatment Without Voluntary Return: (Picked Up On Warrant) Absconding is characterized as leaving your APA-approved residence or absence from the Drug Court Program without permission or without informing the team. After 30 days, you will automatically be terminated from the Drug Court Program. All cases will be evaluated with regard to continuation in the program. Bench Warrant issued Re-Assessment 30 days minimum jail and/or up to 1 day in jail for each day AWOL Immediate court appearance A2) Disengaging From Treatment With Voluntary Return Bench Warrant issued Re-Assess level of care Revocation of bond Court appearance at the next scheduled Drug Court session Involvement with jail services A3) Negative Termination from Treatment 30 days in jail Re-Assess level of care Court appearances throughout jail sanction A4) New Felony Arrest Court appearance at the next scheduled Drug Court session Possible bond revocation 7 days in jail to evaluate charges Re-Assess level of care If the charge is one which would otherwise exclude you from Drug Court participation, the prosecutor will request your termination from the court. If not, the following will apply: Weekly Drug Court Status Hearings Report weekly to T.A.S.C. until case is disposed Re-Assess level of care A5) New Felony Conviction Termination From Program A6) New Misdemeanor Arrest Court appearance at the next scheduled Drug Court session Possible Bond Revocation Re-assess level of care If the decision is made to release participant form jail, the following will apply: Weekly Drug Court Status Hearings Report weekly to T.A.S.C. until case is disposed Re-assess level of care A7) New Misdemeanor Conviction 10 days in jail in addition to normal court disposition. Re-assess appropriateness for continued court involvement Any new VIOLENT conviction will result in immediate termination from Drug Court A8) Using Devices or Tampering with Urine Drops 30 days in jail. Re-assess appropriateness for continued court involvement. If permitted to continue, re-assessment for appropriate level of treatment. -8-

9 LEVEL B OFFENSES B1) Missed Urine/Dirty Urine/Diluted Urine/Positive B.A.C. If you admit to a relapse prior to the team becoming aware it has occurred, your sanction will be less severe than those listed below. 1 st Miss/Dirty: 3 days in jail or Work Program 2 nd Miss/Dirty: 5 days in jail or Work Program; reassess level of care 3 rd Miss/Dirty: 7 days in jail or Work Program; reassess level of care 4 th Miss/Dirty: 10 days in jail; Last Chance Contract; reassess level of care B2) Missed Treatment Appointment Without Valid Excuse You must have your therapist s support in order for any absence to be considered excused. 1 st Missed Appointment: 8 hours CSP; make-up at counselor s discretion 2 nd Missed Appointment: 16 hours CSP; make-up at counselor s discretion 3 rd Missed Appointment: 7 days in jail and/or Work Program as determined by the Judge; reassess level of care B3) Missed AA/CA/NA Meetings 2 meetings required for each missed meeting, in addition to those required. 1 week to complete make-up meetings. B4) Forged Meeting Sheet 1 day in jail for each forged meeting Make-up each forged meeting within a designated time period B5) No Meeting Sheet 8 hours Community Service (CSP) Bring following week or face additional sanctions B6) Late To Court 1 hour of Community Service for every 10 minutes late B7) Missed Court Without Valid Excuse Bench Warrant 2 days in jail or Work Program or CSP as determined by the Judge. B8) Unauthorized Urine Drop at CCA First Offense- 8 hours CSP; $15 fee to cover cost of drug screen Second Offense- counted as a dirty urine; refer to Dirty Urine Sanctions B9) Improper Use of Prescribed Medication (which yields a positive urine) Failure to produce a letter from the prescribing physician noting that he/she is aware you are in recovery and are receiving random drug screens, BUT says the medication is necessary will result in immediate sanctions and treated as a dirty urine. If you have been given permission to engage in Medication Assisted Treatment (e.g. Suboxone) yet test negative for that medication, your physician will immediately be contacted. Permission for this prescription will be withdrawn if you are not taking the medication as prescribed. Selling this medication is TRAFFICKING. If we learn you are selling your medication, you will be immediately terminated from the program. B10) Disrupting the Flow of the Court/Impeding the Treatment Process Any other act not mentioned which interferes or disrupts the intent of the Drug Court or participation in the program will result in further sanctions taken by the court. -9-

10 FELONY DRUG COURT FEES A $25 administrative fee is required to be paid MONTHLY by each Drug Court participant. This fee is to be paid by the 15 th of each month. If you plea into the program after the 16 th of the month, you are not responsible for that month s fee. Each participant will be required to have a $0 account balance in order to be considered for graduation. A $10 case management fee is to be paid MONTHLY to Mahoning County T.A.S.C. for the duration of your Drug Court involvement. This fee applies to all participants and is to be paid off at the T.A.S.C. offices by the 15 th of each month. You will be required to have a $0 balance in order to be considered for graduation. There is a $10 fee for each urine drop. The actual cost to test your Urine is $25 to $35. Additional costs are covered by TASC and the Mahoning County Alcohol and Drug Addiction Services Board. If you are AWOL from the Drug Court Program, but then accepted back, you will still be responsible for ALL fees incurred during the period you were absent. -10-