COURT OF COMMON PLEAS DRUG DIVERSION PROGRAM

Transcription

1 COURT OF COMMON PLEAS DRUG DIVERSION PROGRAM Participant s Handbook New Castle County Drug Diversion Program 500 N. King Street Wilmington, DE (302)

2 This handbook is designed to answer questions, address concerns and provide information about the Drug Diversion Program in the Court of Common Pleas for New Castle County. Drug Diversion is an opportunity to avoid a criminal conviction. Successful completion of Drug Diversion will result in dismissal of the charges and a second chance at a clean record. However, it is not easy to be successful at Drug Diversion. You will have to prove that you are not using alcohol or drugs (except those drugs prescribed to you by a doctor). If you choose to enter the Drug Diversion Program, you must waive your constitutional trial rights and admit your guilt to criminal conduct. DRUG DIVERSION REQUIREMENTS As a Drug Diversion participant: (1) you are expected to follow the instructions given by the Drug Diversion Judge; (2) you will have to give urine screens at least once per week (these screens will be monitored); (3) you must attend your groups and/or counseling sessions; (4) you are required to appear in court when you are scheduled; and (5) you must not use ANY intoxicating substances including alcohol and drugs (except drugs properly used as prescribed for you). PLEADING GUILTY The Drug Diversion Program is a court-supervised, voluntary program for non-violent offenders who are charged with certain crimes related to the use of drugs and/or alcohol. The final decision of whether you will be allowed to participate will be made by the Drug Diversion Judge. You have to admit that you are guilty of a crime to enter the Drug Diversion Program. That means you will not have a trial because you are admitting that you are guilty. Even though you are pleading guilty, you will not be convicted of the crime as long as you are participating in the Drug Diversion Program. If you successfully complete the Diversion Program, your charges will be dismissed. However, if the Drug Diversion Judge decides that you failed to comply with the program rules, you will be terminated from the Program. Upon termination, your criminal history will include a conviction for the criminal charge to which you pled guilty to enter Drug Diversion. You will be sentenced for the conviction. You may be sent to jail and/or placed on probation. Also, you may lose your driving privileges for certain convictions. DRUG DIVERSION COURT HEARINGS As a Drug Diversion participant you will be required to appear in court on a regular basis. At each court appearance the Drug Diversion Judge will be given a progress report by the treatment provider regarding your urine test results, attendance and 1

3 participation. The Drug Diversion Judge will also review your charge history to see whether you have any new arrests or citations since your last court review. The Drug Diversion Judge may ask you questions about your progress and discuss any specific problems you have been experiencing. If you are doing well, you will be encouraged to continue to work toward successful completion of the Drug Diversion Program. If you are not doing well, the Judge will discuss this with you to determine further action. If you are not in compliance or if you have new charges, the Court may impose sanctions, including termination from the Drug Diversion Program and sentencing on the charge to which you pled guilty. FAILURE TO APPEAR If you fail to appear in court or at certain appointments on the date and time you are scheduled, the Court may issue a bench warrant or capias for your arrest. It is your responsibility to re-schedule appointments in advance. If your request to reschedule is denied, you must appear as scheduled. DRUG DIVERSION PROGRAM RULES As a participant in the Drug Diversion Program, you will be required to abide by the following rules: 1. Do not use or possess any drugs or alcohol Sobriety is the primary focus of this program. Maintaining a drug-free and alcohol-free lifestyle is expected. It is also expected that you will not associate with people who are using illegal drugs. If you are using prescribed medication, you must provide up-to-date prescriptions to your counselor. 2. Obey the law It is expected that you will NOT have police contact while you are a participant in the Drug Diversion Program. Do not drive unless you have a valid license. Follow the rules of the road. Do not engage in criminal activity. Do not associate with others who are engaged in criminal activity. If you have new charges while you are a participant in the Drug Diversion Program, you may be terminated from the Program. You are required to report any arrest to your counselor. 3. Attend all scheduled court dates, sessions, and appointments This includes individual and group counseling, educational and treatment sessions. If you are unable to attend a scheduled session, you must contact your counselor. If you are unable to attend a court session when scheduled, please contact the Drug Diversion Coordinator. 4. Submit random, monitored urine screens - You must provide a random urine sample at least once per week. You will be monitored when providing a urine screen. However, if you cannot provide monitored urine screens, please discuss this with the court staff prior to entering the Program. From time to time, oral swabs may be permitted, also at your own expense. 2

4 5. Be on time If you are late, it counts as a missed session. 6. Do not make threats or behave disrespectfully toward other participants or staff, or behave in a violent or inappropriate manner Disrespectful, violent or inappropriate behavior will not be tolerated and will be reported to the Drug Diversion Judge. 7. Dress appropriately You are expected to dress appropriately. Clothing with drug or alcohol related themes, or promoting or advertising alcohol or drug use is inappropriate. Sunglasses are not to be worn unless medically approved. Arrangements for child care will need to be made since children should not be brought to court or the treatment centers. 8. While in court remain seated and quiet at all times It is very important to observe appropriate behavior in court. PROGRAM FEES You will be required to pay a civil drug education fund assessment to the Clerk of the Court of Common Pleas in the amount of $ If you cannot pay the $200 fee in full at the time of entry into the Drug Diversion Program, you may opt to be placed on a payment plan or be placed on work referral. In some instances, this fee may be waived by the court. You may also be responsible for additional fees depending on your treatment needs, such as for oral swabs if you cannot provide urine samples. DRUG DIVERSION PROGRAM PROCEDURES Evaluations Once you enter the Drug Diversion Program, you will be evaluated to determine your treatment needs and risk levels. Evaluations and assessments will be ongoing while you participate in the Drug Diversion Program. You are required to cooperate with all evaluations and assessments. The results will be shared with the Judge in open court. Drug Testing Your urine will be tested on a random basis, at least weekly, throughout your participation in the Drug Diversion Program. The urine tests will be monitored by someone who watches you provide the specimen. The Drug Diversion Judge will be informed of all test results. Everyone is assigned a color in orientation group, for example, Red. Weekly testing is the norm, however, we can test twice weekly according to your test results. You need to call (302) everyday or the night before. Be careful to listen for the correct date. You can only give a urine test on the day your color is called. You must have a photo ID & know your social security number in order to submit your urine test. 3

5 If you fail to submit a urine sample when your assigned color is called, it may be considered positive. A positive or dirty test will not automatically result in termination from the Drug Diversion Program. The Drug Diversion Judge will review your overall performance in the Program. It is better to submit a positive sample rather than to miss a urine test. Counseling The Drug Diversion Program is designed to develop self-awareness, realize self-worth and develop the strength to practice self-discipline. Substance abuse education, counseling, and treatment may include individual and/or group sessions. The treatment program to which you are assigned will be determined by your personal risks and needs, and may include education classes, treatment sessions, intensive outpatient treatment, partial hospitalization, in-patient (residential) treatment and/or medication assisted treatment. Your attendance at sessions will be reported to the Judge as part of your progress report. You must have prior permission from your counselor to be excused from a counseling session. GRADUATION CRITERIA You will be eligible to graduate from Drug Diversion and have your charges dismissed when you attend at least TWELVE (12) weeks of education and/or treatment sessions and provide FOURTEEN (14) weeks of clean screens in a row. TERMINATION and SENTENCING If you do not meet your obligations in the Drug Diversion Program, you will be terminated from the Program. Because you have already pled guilty to the charge, you will be convicted and sentenced when you are terminated from Drug Diversion. The sentence is within the discretion of the Drug Diversion Judge, and may include a fine, probation, community service, work release, home confinement, incarceration and/or mandatory participation in a substance abuse treatment program. Additionally, Delaware law requires that persons convicted of certain drug charges may lose their driving privileges. CONCLUSION The Drug Diversion Program has been developed to help you to stop using drugs and alcohol and to avoid criminal activity. The program is voluntary and is your personal choice. The Judge, the court staff, the substance abuse treatment professionals, and your lawyer, if represented, will offer services to guide and assist you, but the final responsibility is yours. GOOD LUCK IN THE PROGRAM! We look forward to your graduation from Drug Diversion! We hope this handbook has been helpful to you and answered most of your questions. If you have any additional questions or concerns, please ask the Drug Diversion court staff or the substance abuse treatment professionals. Important Drug Diversion telephone numbers are listed for easy access. 4

6 DRUG DIVERSION PHONE NUMBERS Court of Common Pleas Phone Numbers Monday Friday 8:30 a.m. to 4:30 p.m. General Number (302) Amy Tryon, Drug Diversion Coordinator (302) Tiffiney Butcher, Drug Diversion Clerk (302) for continuance requests Costs and Fines (302) for questions on fines or to make a payment Treatment Providers and Programs Brandywine Counseling and Community Services (BCCS) Drug Diversion Site of BCCS 2500 West 4 th Street, Suite 2 Wilmington, DE Supervisor: Nicole Taylor Hours: Monday- Thur 7am-8pm Friday- 7am-3pm Brandywine Counseling and Community Counseling offers the following Services and Programs. Please speak to your counselor if you feel that any of the following listed services will aid in your success while you are in the Drug Diversion Program. Women in Transition Program (WIT) The WIT program is for pregnant and parenting mothers dealing with issues related to addiction who are either pregnant, new mothers or mothers of young children. WIT offers community case management, therapy and education groups, parenting guidance, education/job training, help with pre-and post-natal care, childcare and housing. Medication Management (OTP) Program In conjunction with individual and group counseling, this program provides medical treatment to individuals suffering from mental health, opiate and alcohol addiction. Medications administered include, Methadone, Revia, Suboxone, and Vivitrol. BCCS s program meets federal accreditation standards and utilizes clinical best practices. Intensive Outpatient (IOP) Intensive Outpatient and Partial Day Program services provide a higher level of care that helps patients set and work toward their goals for recovery. IOP clients attend group therapy for three hours, three days a week, and also have increased individual counseling. Clients can request an increase in services at any time as well. 5