Critical Issues Facing Drug Courts

Transcription

1 BJA Drug Court Technical Assistance Project Critical Issues Facing Drug Courts Friday June 3, :15pm 4:30pm Moderator: Panelists: Genevieve Citrin, Justice Programs Office AU Hon. Dennis Fuchs (ret.), Utah Hon. Richard Gebelein (ret.), Delaware Valerie Moore, Portland, Oregon Hon. Louis Presenza (ret.), Philadelphia, Pennsylvania Hon. John Schwartz (ret.), Rochester, New York Yvonne S. Segars, Union, New Jersey

2 2 Critical Issue: Early identification and prompt entry into Drug Court Hon. Louis Presenza (ret.) Philadelphia, Pennsylvania

3 3 Key Component 3 Eligible participants are identified early and promptly placed in the drug court program. The Ten Key Components of a Drug Court

4 4 Key Component 3: Elements Eligibility; Early Identification Target Population High Risk / High Need Written Objective Criteria Cultural Diversity Entry Within 30 days (up to 50 days) Legal and Clinical Screening Delays Capacity / Expansion Ultimate Goals

5 5 Critical Issue: Capacity and allocation of time Hon. John Schwartz (ret.) Rochester, New York

6 6 Critical Issue: Due process and individual advocacy Yvonne S. Segars Professor, Kean University (NJ) Former State Public Defender for New Jersey

7 7 Key Component 2 Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants due process rights. The Ten Key Components of a Drug Court

8 8 Critical Issue: Difference between clinical needs and court requirements Valerie Moore Former Executive Director of InAct, Inc.

9 Treatment Expectations Phase Program A Program B Program C 1 Initial Treatment Plan 1 hour individual counseling 2 hours group Referrals to mental health, medical, family education & counseling (if needed) 90 days free of substances for advancement 2 Initial Treatment Plan Reviewed/Revised 1 hour individual session per week 2 hours group per week Relapse Prevention 90 days free of substances for advancement 3 Follow the Treatment Plan 1 hour individual session per week 2 hours group per week Preparation of Continuing Care/Long term Safety Plan 180 days free of substances for advancement Individual Treatment Plan Up to 3 hours individual counseling per week 4-6 hours group per week 1 ½ - 2 hours MRT per week 3 hours attendance NA or AA or other 12 step meeting At least 30 days consecutive clean time for advancement Individual or Family Counseling 1 ½ - 2 MRT per week Cognitive Behavioral Group At least 60 days consecutive clean time for advancement Individual sessions as needed At least 1 group per week At least 90 days clean time and no unexcused absences for advancement Individual Treatment Plan Attend AA or other self-help meetings 5 days per week At least 30 days consecutive clean time for advancement 9 Group 3 times per week Individual sessions 1 x per week (45 60 minutes) Written Relapse Plan Full Participation in Group Present homework in group Analysis of self and peers Self-help At least 60 days consecutive clean time for advancement Aftercare 1 x per week for 1 hour Individual sessions 1 x per week (45 60 minutes) Complete treatment homework & present story Write recovery story Full participation in group Review & Revise Relapse Plan Self-help

10 10 Critical Issue: Alternative incentives Hon. Richard Gebelein (ret.) Delaware

11 As we move to addressing the high risk/high needs target population many of the traditional incentives for participation in treatment court become more difficult to maintain. How can a court continue to attract participants under these changing situations? 11

12 12 Traditional Incentives for Participation Diversion from Regular Court Process. No Jail or Prison Time initially ordered. Less Jail or Prison. Dismissal of Charges. No Conviction Ancillary Benefits. Appropriate Treatment. Ancillary Services. Active Case Management.

13 13 High Risk/High Need Offenders Unlikely to have charges dismissed. Frequently are required to do some jail or prison time. Will likely already have criminal record. Will likely not have a license. May need residential treatment.

14 14 Possible Incentives Ancillary services become more important. Assistance for re entry. Reduction of fines and costs. Reduction in level of supervision. Modification of curfew restrictions. Reduction of time under supervision.

15 15 Critical Issue: Training and team roles Hon. Dennis Fuchs (ret.) Utah

16 16 Adult Drug Court Best Practice Standard II (F): Team Training (cultural bias) Each member of the Drug Court team attends upto-date training events on recognizing implicit cultural biases and correcting disparate impacts for members of historically disadvantaged groups. Adult Drug Court Best Practice Standards Volume I

17 17 Adult Drug Court Best Practice Standard III (A): Professional Training The Drug Court judge attends current training events on legal and constitutional issues in Drug Courts, judicial ethics, evidence-based substance abuse and mental health treatment, behavior modification, and community supervision. Attendance at annual training conferences and workshops ensures contemporary knowledge about advances in the Drug Court field. Adult Drug Court Best Practice Standards Volume I

18 18 Adult Drug Court Best Practice Standard VIII (A): Team Composition The Drug Court team comprises representatives from all partner agencies involved in the creation of the program, including but not limited to a judge or judicial officer, program coordinator, prosecutor, defense counsel representative, treatment representative, community supervision officer, and law enforcement officer. Adult Drug Court Best Practice Standards Volume II

19 19 Adult Drug Court Best Practice Standard VIII (F): Team Training Before starting a Drug Court, team members attend a formal preimplementation training to learn from expert faculty about best practices in Drug Courts and develop fair and effective policies and procedures for the program. Subsequently, team members attend continuing education workshops on at least an annual basis to gain up-to-date knowledge about best practices on topics including substance abuse and mental health treatment, complementary treatment and social services, behavior modification, community supervision, drug and alcohol testing, team decision making, and constitutional and legal issues in Drug Courts. New staff hires receive a formal orientation training on the Drug Court model and best practices in Drug Courts as soon as practicable after assuming their position and attend annual continuing education workshops thereafter. Adult Drug Court Best Practice Standards Volume II

20 20 FOR MORE INFORMATION PLEASE CONTACT: BJA Drug Court Technical Assistance Project Justice Programs Office School of Public Affairs, American University 4400 Massachusetts Avenue, NW Washington D.C Website: Telephone: 202/ Fax: 202/