National Drug Court Institute. Drug Court Training. Presented by: Judge Phyllis McMillen & Jessica Parks

Transcription

1 National Drug Court Institute Drug Court Training Drug Court Population & Admission Standards, Best Practices, Promising Practices Presented by: Judge Phyllis McMillen & Jessica Parks NDCI, March 1, 2015 The following presentation may not be copied in whole or in part without the written permission of the author or the National Drug Court Institute. Written permission will generally be given without cost, upon request. NDCI: A Professional Services Division of NADCP

2 OUTLINE Screening Eligible Offenses Clinical Substance Use and Mental Health Assessment Risk and Need Assessment Legal Outcome Admission Factors Findings on the Record Program Entry Transferring Supervision

3 DEFINITIONS Standard: Courts must implement Best Practice: Courts should implement Promising Practice: Courts should consider

4 SCREENING STANDARDS To be admitted to drug court, individual must: Complete preadmission screening and evaluation assessment Agree to future evaluation assessment Evaluation assessment must include: Review of criminal history Previous drug court participation and results (LEIN) Assessment of risk of danger or harm to individual, others, community

5 ELIGIBLE OFFENSES STANDARDS Violent offender meets EITHER of the following: Is currently charged with or has pled guilty to, or if a juvenile, is currently alleged to have committed or has admitted responsibility for, an offense involving the death of or a serious bodily injury to any individual, or the carrying, possessing, or use of a firearm or other dangerous weapon by that individual, whether or not any of these circumstances are an element of the offense, or is criminal sexual conduct of any degree.

6 ELIGIBLE OFFENSES STANDARDS Violent offender Has 1 or more prior convictions for, or, if a juvenile, has 1 or more prior findings of responsibility for, a felony involving the use or attempted use of force against another individual with the intent to cause death or serious bodily harm.

7 ELIGIBILE OFFENSES STANDARDS No right to be admitted Not eligible if violent offender Eligible if youthful trainee Eligible if on probation under Section 7411 of public health code Section 4a of chapter IX of the code of criminal procedure Section 430 of the Michigan penal code Section 350a of the Michigan penal code

8 ELIBIGLE OFFENSES STANDARDS Ignition Interlock Two or more convictions for violating section 625(1) or (3) of the Michigan vehicle code, or a local ordinance substantially corresponding One conviction for violating section 625(1) or (3) of the Michigan vehicle code, or a local ordinance substantially corresponding, preceded by 1 or more convictions for violating a local ordinance or law of another state or the U.S. substantially corresponding

9 DEFINE TARGET POPULATION The Million Dollar Question: Who does best in Drug Court? NDCI: A Professional Services Division of NADCP

10 TARGET Drug Court Targets High Risk/High Need Offenders For Admission High Risk Substantial risk for reoffending or failing to complete a less intensive disposition High Need Addicted to illicit drugs or alcohol NDCI: A Professional Services Division of NADCP

11 THE RISK AND NEED PRINCIPLES No one intervention is appropriately suited for all drug-involved offenders. The most effective and cost-efficient outcomes are achieved when treatment and supervision services are tailored to: (1) prognostic risk level and (2) criminogenic needs of the participant. NDCI: A Professional Services Division of NADCP

12 Prognostic Risk Not necessarily a risk for violence or dangerousness Risk essentially means the characteristics of an offender that predicts poorer outcomes in standard rehabilitation programs. A difficult prognosis or lesser amenability to treatment. NDCI: A Professional Services Division of NADCP

13 PROGNOSTIC RISK Static Factors Static Factors Don t Change Current age < 25 years Delinquent onset < 16 years Substance abuse onset < 14 years Prior rehabilitation failures History of violence Familial history of crime or addiction NDCI: A Professional Services Division of NADCP

14 PROGNOSTIC RISK Dynamic (Changeable) Factors Antisocial personality pattern impulsive adventurous pleasure seeking restlessly aggressive and irritable behavior Pro-criminal attitudes offering rationalizations for crime expressing negative attitudes toward the law Social supports for crime having criminal friends being isolated from prosocial peers NDCI: A Professional Services Division of NADCP

15 Substance abuse PROGNOSTIC RISK Dynamic Facotors (continued) Poor family/marital relationships inappropriate parental monitoring and disciplining. School performance and low levels of satisfaction with school or work. Lack of prosocial recreational activities lack of involvement in prosocial recreational and leisure activities. NDCI: A Professional Services Division of NADCP

16 KEEP THIS IN MIND! The higher the risk level, the more intensive the supervision and accountability should be; and vice versa Mixing risk levels is contraindicated: Low risk offenders will not make high risk offenders better; both will get worse. NDCI: A Professional Services Division of NADCP

17 RESEARCH STATES HIGH NEED Seriously Impaired Moderate/Severe Substance Use Disorder Compulsively addicted to drugs or alcohol Cravings Binge patterns Withdrawal symptoms Major psychiatric disorders Functional impairments (e.g., lack of job skills, illiteracy) NDCI: A Professional Services Division of NADCP

18 SCREENING STANDARDS A preadmission screening and assessment SHALL include all of the following: As much as practicable, a complete review of the individual s history regarding the use or abuse of any controlled substance or alcohol and an assessment of whether the individual abuses controlled substances or alcohol or is drug or alcohol dependent. It is the intent of the legislature that this assessment should be a clinical assessment as much as practicable.

19 SCREENING STANDARDS A review of any special needs or circumstances of the individual that may potentially affect the individual s ability to receive substance abuse treatment and follow the court s orders.

20 SCREENING STANDARDS A drug treatment court may hire or contract with licensed or accredited treatment providers to assist the drug court in Investigation of an individual s background or circumstances Clinical evaluation of an individual for his or her admission into or participation in drug court

21 SCREENING BEST PRACTICES Use clinical assessments instead of screening tools to determine diagnoses. Clinical assessments use standardized tools.

22 NEED PRINCIPLE The higher the need level, the more intensive the treatment or rehabilitation services should be; and vice versa Mixing need levels is contraindicated (Andrews & Bonta, 2010) NDCI: A Professional Services Division of NADCP

23 WHY DO PROGNOSTIC RISK AND CRIMINOGENIC NEEDS MATTER? Determines level of treatment and supervision Determines consequences for new behavior Higher risk = more intensive the supervision Higher need = more intensive treatment Lower risk = less intensive supervision Lower need = less intensive treatment NDCI: A Professional Services Division of NADCP

24 BE CAREFUL! Too much treatment or supervision Waste of scarce resources Increases crime or substance abuse by exposure to more seriously impaired or antisocial peers Interferes with engagement in productive activities Work School Parenting NDCI: A Professional Services Division of NADCP

25 CRIMINOGENIC NEED Moderate/Severe Substance Use Disorder 1. Triggered binge response 2. Cravings or compulsions 3. Withdrawal symptoms } Abstinence is a distal goal Substance Abuse } Abstinence is a proximal goal Collateral needs } Dual diagnosis Regimen Serious functional impairments - Regimen compliance is a proximal goal compliance is proximal NDCI: A Professional Services Division of NADCP

26 SCREENING BEST PRACTICE The drug court program accepts participants that are both high risk and high need.

27 PRACTICAL IMPLICATIONS High Needs (dependent) Low Needs (abuse) High Risk Status calendar Treatment Pro-social & adaptive habilit. Abstinence is distal Positive reinforcement Self-help/alumni groups ~ mos. (~200 hrs.) Status calendar Pro-social habilitation Abstinence is proximal Negative reinforcement ~ mos. (~100 hrs.) Low Risk Noncompliance calendar Treatment (separate milieu) Adaptive habilitation Abstinence is distal Positive reinforcement Self-help/alumni groups ~ mos. (~150 hrs.) Noncompliance calendar Psycho-education Abstinence is proximal Individual/stratified groups ~ 3-6 mos. (~ hrs.) NDCI: A Professional Services Division of NADCP

28 RISK AND NEED MATRIX: ALTERNATIVE TRACKS High Needs (dependent) Low Needs (abuse) High Risk Standard Track Accountability, Treatment & Habilitation Supervision Track Accountability & Habilitation Low Risk Treatment Track Treatment & Habilitation Diversion Track Secondary Prevention NDCI: A Professional Services Division of NADCP

29 BEST PRACTICE Candidates are assessed using validated risk assessment and clinical assessment tools. Legal Risk/Needs Tools Clinical In-Depth Clinical Diagnostic Evaluation Do Both Prior to Program Acceptance NDCI: A Professional Services Division of NADCP

30 SCREENING BEST PRACTICE Ensure risk and needs assessment tools are validated on a population similar to drug court participants. Promising Practice Use the Drug Court Practitioner Fact Sheet developed by NDCI to select tools

31 ADJUSTING TRACKS No assessment tool is perfectly reliable and valid; may overestimate or underestimate. Offender may not be truthful. Consider as a starting point. Let subsequent behavior serve as a guide. Consider Adaptive Interventions NDCI: A Professional Services Division of NADCP

32 BEST PRACTICE Re-examine dynamic risk factors after program admission.

33 PRACTICAL CONSIDERATIONS Only Drug Possession cases? (Best practices say no!) Greater effects with theft and property offenders Often not jail or prison-bound Mentally Ill? (Best practices say yes, if adequate treatment is available!) Often undiagnosed at entry Acute drug reactions often misdiagnosed as mental illness Required Motivation to Change (Best practices say not to consider as criterion for admission!) Coerced patients do just as well or better than motivated patients You need motivation by the time of graduation, not the time of entry We are not good at assessing motivation! NDCI: A Professional Services Division of NADCP Dealers? (Best practices say yes!) Do just as well in drug court Violent Offenders not Excluded by Statute? (Standards say yes!) Do just as well in drug court Often get less supervision than drug court

34 BE ALL YOU CAN BE! Consider everyone you have the political support to take Consider everyone you have the resources to take Consider the offender before you consider the offense NDCI: A Professional Services Division of NADCP

35 ADC APPLICANT John Feighter is a 30 year old male. He was a troubled teenager who was best described as the school bully. In the 10 th grade, he was removed from public school and placed in an alternative school for trouble youth. He was arrested several times in high school with a group of friends (he met at the alternative school) for vandalism and public nuisance. John has a significant juvenile history including underage drinking, trespassing, running away, petty theft, and vandalism. After completing high school John worked odd jobs constantly getting reprimanded for not showing up to working, and was recently fired due to having arguments and fights with his co-workers and peers. After just one year working with several construction businesses in his home town, he was unable to find employment. He went to his family doctor complaining of back problems. For income John began selling prescription Vicodin. John was arrested for disorderly conduct and assault. During the book-in process, he was found with 90 Vicodin pills in his possession and referred to drug court.

36 ADC APPLICANT Matt Dowling began using cigarettes, beer and marijuana at the age of 13. He dropped out of High School after the 10 th grade. By age 15 he started stealing prescription drugs from his parents. His parents signed him into treatment at age 17 and he was discharged from residential successfully. Although arrested several times and continuing to use, he managed to obtain GED. Matt has continuous problems maintaining employment. His parents have become increasingly frustrated with his continued use, stealing from their home and lack of employment. He went to outpatient treatment at age 21 and was diagnosed with a Severe Substance Use Disorder. His parents eventually filed a restraining order to keep him out of their home at age 23. Matt was recently arrested for Possession of Heroin and Assault and was referred to drug court by the arresting officer.

37 ADC APPLICANT Tasha Filner worked at factory while attending community college. After leaving work one evening, she was sexually assaulted by one of her fellow factory workers. Not wanting to go through the pain and anguish of an investigation she decided not to report the incident to the police or supervisor. She started self-medicating with alcohol and drugs and after receiving several write ups she was terminated from her job. Tasha was unable to pay her college tuition and quit school. Tasha recently moved in with her new boyfriend she met at the local bar She received a felony drug charge when her boyfriend s house was raided by the drug task force. Tasha was referred to drug court.

38 ADC APPLICANT Terry Jackson graduated from high school and went directly to college where he attended the University of Arizona. During his college experience he has worked jobs both on and off campus to support his way through college. In his third year of college, Terry was arrested for Driving while Intoxicated. Terry had a prior alcohol-related incident on campus during his freshman year and successfully completed the University Alcohol Diversion Program. Terry was referred to drug court by the arresting officer.

39 LEGAL OUTCOME STANDARDS If offering a discharge and dismissal of an offense, delayed sentence, or deviation from the sentencing guidelines Must enter into a MOU with each participating prosecuting attorney in the circuit or district court district, representative of criminal defense bar, and representative to treatment community MOU shall describe the role of each party

40 LEGAL OUTCOME STANDARDS In the case of an individual who will be eligible for discharge and dismissal of an offense, delayed sentence, or deviation from the sentencing guidelines, the prosecutor must approve of the admission of the individual into drug treatment court in conformity with the MOU.

41 LEGAL OUTCOME STANDARDS An individual shall not be admitted to, or remain in, a drug treatment court pursuant to an agreement that would permit a discharge or dismissal of a traffic offense upon successful completion of the drug treatment court program.

42 ADMISSION STANDARDS Admission is subject to all of the following conditions: Offense must be related to the abuse, illegal use, or possession of a controlled substance or alcohol. Must plead guilty to the charge or charges on the record

43 ADMISSION STANDARDS Admission is subject to all of the following conditions: Must waive, in writing, the right to a speedy trial, the right to representation at drug treatment court review hearings by an attorney, and, with the agreement of the prosecutor, the right to a preliminary examination Must sign a written agreement to participate in the drug treatment court

44 ADMISSION STANDARDS Drug treatment court must permit any victim of the offense or offenses, any victim of prior offenses, and members of the community to submit a written statement to the court regarding the advisability of admitting the individual into the drug treatment court.

45 ADMISSION STANDARDS An individual who has waived his or her right to a preliminary examination and has pled guilty as part of his or her application to a drug treatment court and who is not admitted shall be permitted to withdraw his or her plea and is entitled to a preliminary examination.

46 FINDINGS ON THE RECORD OR IN THE COURT FILE STANDARDS Before an individual is admitted into a drug treatment court, the court shall find on the record, or place a statement in the court file pertaining to, all of the following: Dependent or abusing drugs or alcohol and is appropriate candidate for drug treatment court Understands the consequences of entering the drug treatment court and agrees to comply with court orders and requirements of the court s program and treatment providers

47 FINDINGS ON THE RECORD OR IN THE COURT FILE STANDARDS Before an individual is admitted into a drug treatment court, the court shall find on the record, or place a statement in the court file pertaining to, all of the following: Not a violent offender (as defined by drug court statute) Completed preadmission screening and evaluation assessment and has agreed to cooperate with any future evaluation assessment Meets requirements, if applicable, under various statutes (such as 7411)

48 FINDINGS ON THE RECORD OR IN THE COURT FILE STANDARDS Before an individual is admitted into a drug treatment court, the court shall find on the record, or place a statement in the court file pertaining to, all of the following: Meets requirements, if applicable, under various statutes (such as 7411) Terms and conditions, and the duration of the agreement between the parties, especially as to the outcome for the participant of the drug treatment court upon successful completion or termination

49 PROGRAM ENTRY BEST PRACTICE Expedite the court process to accept participants into the drug court quickly.

50 TRANSFERRING SUPERVISION STANDARD Drug court may accept participants from any other jurisdiction in this state based upon either the residence of the participant in the receiving jurisdiction or the unavailability of a drug treatment court in the jurisdiction where the participant is charged.

51 TRANSFERRING SUPERVISION STANDARD The transfer is not valid unless it is agreed to by all of the following: Defendant Attorney representing the defendant Judge of the transferring court and the prosecutor of the case Judge of the receiving drug treatment court and the prosecutor of a court funding unit of the drug treatment court.

52 TRANSFERRING SUPERVISION PROMISING PRACTICE Use the SCAO recommended procedure to transfer supervision Administrative memorandum

53 QUESTIONS?