CLAYTON COUNTY ADULT FELONY DRUG COURT POLICY AND PROCEDURES MANUAL FOR OPERATION

Transcription

1 CLAYTON COUNTY ADULT FELONY DRUG COURT POLICY AND PROCEDURES MANUAL FOR OPERATION JUDGE ALBERT B. COLLIER, PRESIDING JUDGE CLAYTON COUNTY SUPERIOR COURT HAROLD R. BANKE JUSTICE CENTER 9151 TARA BOULEVARD JONESBORO, GA, March 26, 2009

2 TABLE OF CONTENTS I. Introduction Page Number A. Notice. 4 B. Background C. Adult Felony Drug Court An Alternative Approach...6 D. Clayton County Adult Felony Drug Court Mission Statement.. 7 E. Drug Court Goals and Evaluation Concepts F. Adult Felony Drug Court Team Policy II. The Drug Court Team A. The Team Approach 9 B. Drug Court Organizational Chart 11 C. Team Roles and Responsibilities Team Members Role of the Drug Court Judge Role of the Drug Court Prosecutor Role of the Drug Court Public Defender Role of the Drug Court Coordinator Role of the Drug Court Law Enforcement Role of the Treatment Provider Role of the Program Evaluator. 18 III. Guidelines for Admission into Drug Courts A. Eligibility Criteria.. 18 B. Disqualifying Criteria. 20 C. Eligibility Process Summary.. 21 D. Entry Process and Program Processing E. Entry Process Chart F. Program Fees IV. Drug Court Case Processing A. Identification of Potential Candidates.. 26 B. Clinical Screening, Assessment Protocols, and Acceptance Procedures..28 C. Suitability Standards.. 28 D. Practices. 29 E. Case Management: Supervision and Surveillance Protocols.. 30 F. Courtroom Protocols.. 32 G. Surveillance Protocols: Law Enforcement 35 H. Supervision Operating Procedures I. Drug Testing 41 J. Reporting Procedures

3 V. Drug Court Program Phases TABLE OF CONTENTS (continued) A. Phases of the Drug Court Program 44 B. Phase Chart C. Graduation Criteria. 48 VI. Incentives and Sanctions A. General Overview. 49 B. Policy 49 C. Procedure.. 50 D. Incentives and Sanctions.. 50 E. Sanctions VII. Program Expulsion A. Termination Procedure 54 VIII. Drug Court Data Collection and Program Reporting A. Data Collection Tools and Evaluation Designs B. Evaluation Plan.. 55 IX. Confidentiality and Ethics A. Overview.. 67 B. Obtaining Consent.. 68 C. Confidentiality and Ethics.. 69 X. Appendices A. Key Components of Drug Court. 73 B. Day Reporting Options 74 3

4 INTRODUCTION Notice This Drug Court Policy and Procedures Manual is intended to provide operational and processing guidance to the Clayton County Adult Felony Drug Court staff in the management of cases within the jurisdiction and in violation of the Georgia Controlled Substance Act (VGCSA). With the approval of the Drug Court Team, this manual is intended to embody the policies adopted by the Georgia Supreme Court in order to promote compliance and as such, staff is required to adhere to provisions stated herein. While this Manual reflects court policies existing as of the date of preparation, in the event there is a conflict between the Manual and any statement of policy issued by the Supreme Court or any other superior authority, the statement of policy, rather than this Manual, shall be controlling. Beyond this circumstance, however, this Manual is binding on court staff and program participants. Background Clayton County is home to one of the busiest superior courts in the Metropolitan Atlanta area and in the State of Georgia. With an approximate county population of 272,217 1, the Court also manages cases deriving from the Hartsfield Jackson International Airport, which accommodates 89,379,287 passengers per year 2. As a result, the influx of county traffic in addition to recent crime statistics assist in the Clayton County Police Department officially designating Clayton County a High Intensity Drug Trafficking Area 3. More specifically, in 2007, more than 4,000 of the 9,178 4 arrests made by the Police Department were for drug possession. In the same year, the Clayton County District Attorney s Office handled more than 1,500 indictments for violations of the Georgia Controlled Substance Act (VGCSA), accounting for nearly 50% of the entire criminal 4

5 caseload. Also, reports from the Federal Bureau of Investigation indicate that from 2002 to 2006, the number of annual drug related arrests increased from 38% to 60% 5. The statistics indicate that, targeting the underlying issues of drug use is even more challenging because sobriety is the principle indication of a fully reformed, habit altering lifestyle. In order to achieve this level of rehabilitation, the Court has traditionally resorted to incarceration. This methodology indicates that while the number of offenders with treatment needs have escalated consistently, corresponding sentencing options have not. The recidivist cycle for the addict is a common re occurrence as the county jail is consistently 94% occupied with a daily housing cost of $76 per inmate. The cost of failing to adequately address this issue is staggering with more than 134,000 probationers and 50,000 4 inmates. As the numbers of accused and recidivist drug offenders increase, there simply not been enough jail vacancy to house them all. Statistics from the Clayton County Sheriff s Office reveal that more than 40% of inmates admit to drug use at the time of their arrest and approximately 88% of committed offenders from the county had multiple drug possession or drug related charges. Similarly, the Georgia Department of Corrections 2008 Inmate Statistical Profile Report reveals that more than 14,000 of the 20,000 incoming inmates had substance abuse problems. Nearly 45% of returning inmates were admitted to prison two or more times, facing an average sentence of 5 years. Based on the information available, the Clayton County Adult Felony Drug Court program is critical to addressing the growing caseload of offenders with drug abuse problems. Judicial and criminal justice responses entail the concept that it takes a new kind of team, with judges, prosecutors, defense attorneys, law enforcement and corrections officers, and rehabilitation and treatment providers working together to restore the community. For this reason, the Clayton County Drug Court (CDC) Team was established. 1 United States Census Bureau, (December 15, 2008). 2 Hartsfield Jackson Atlanta International Airport: 2007 Year End Traffic Report. airport.com, December 15, Office of National Drug Control Policy: New Counties Designated High Intensity Drug Trafficking Areas. (September 26, 2008). 4 Clayton County Police Department: 2007 Annual Arrest Report. (December 15, 2008). 5 The Atlanta Journal Constitution. Clayton County: Gangs, economy blamed for spike, September 16, Metropolitan Atlanta Drug Abuse Trends. Katherine P.Theall,et al. Rollins School of Public Health Georgia Department of Correction: Inmate Statistical Profile. December 10,

6 Adult Felony Drug Court An Alternative Approach The Clayton County Adult Felony Drug Court and the Clayton Drug Court Team provide a specialized process that function within the existing Superior Court structure to address nonviolent and repeat drug related cases. It is unique in the criminal justice environment because it builds an integral and collaborative relationship between criminal justice responses, treatment provider professionals, and ancillary services. Within a cooperative courtroom atmosphere, the judge heads a team of court staff, attorneys, law enforcement officers, treatment providers, and substance abuse evaluators, all working in concert to support and monitor a participant s rehabilitation. Drug Court requires intensive and rigorous supervision based on frequent drug testing and regularly scheduled appearances. Drug Court partnerships develop comprehensively structured regimens of treatment and recovery services. What is different in this specialized court is the continuing oversight of the Judge and personal involvement of the case management and treatment processes. By closely monitoring participants, the court is able to actively support the recovery process and react swiftly to impose appropriate therapeutic sanctions or to reinstate criminal proceedings when participants fail to comply with the program requirements. Together, the Drug Court Judge, coordinator, prosecutor, defense attorney, program evaluator and treatment professionals maintain a critical balance of authority, supervision, support, and encouragement. The Clayton County Adult Felony Drug Court: Targets offenders who are most likely to benefit from treatment and do not pose a risk of violence to public safety. Provide intensive and thorough supervision and treatment of offenders soon after arrest. Monitor participants progress and apply swift sanctions for noncompliance. Maintain a critical balance of authority, supervision, support, and encouragement. Integrate drug treatment services with justice system case processing. Offer an enhancement to the traditional adversarial court process. 6

7 Clayton County Adult Felony Drug Court Mission Statement The mission of the Clayton County Drug Court is to reduce recidivism while improving the quality of life for the offender, their family and the community at large by providing supervision, treatment and positive reinforcement through a structured cost effective program. It is the goal of the Clayton Drug Court to facilitate interagency collaboration by utilizing a multi disciplinary team approach to ensure public safety. Clayton County Adult Felony Drug Court Goals and Evaluation Concepts I. To decrease recidivism among drug driven offenders. 1. Screen offenders for eligibility. 2. Assess all eligible offenders for treatment. 3. Place all eligible offenders in suitable treatment programs. 4. Retain enrolled offenders in treatment. 5. Decrease financial impact of drug drive offenses on county and state resources. 6. Improve quality of life within the community. 7. Rehabilitate offenders of drug driven crime through treatment in conjunction with positive and negative reinforcement. Adult Felony Drug Court Team Policy I. PURPOSE OF POLICY 1. To clarify the functions, intentions, structure, and content of Drug Court Team meetings. II. DEFINITIONS 1. Drug Court Team specifically indicates the Presiding Judge, Prosecuting Attorney, Defense Attorney, Drug Court Coordinator, Chief Probation Officer, Law Enforcement, Treatment Providers, and Program Evaluator. 7

8 2. Participant refers to any individual enrolled into the Clayton County Drug Court Program, and is thereby subject to Drug Court Program mandates. 3. Treatment Providers refer to any professional facility or governmental department authorized to counsel, advise, or treat participants. 4. Treatment Plan entails a devised strategy for therapeutic intervention which addresses a participant s dependency, rehabilitation, and other related health and treatment service needs. III. POLICY 1. Clayton Drug Court Team meetings will be chaired by the Drug Court Judge only. During any Drug Court Team meeting, the Drug Court Team will thoroughly consider and discuss each impending matter. 2. Security and privacy disclosure considerations compel that each Drug Court Team meeting be limited to Team members and pre approved invitees only. Interested treatment service provider personnel may request invite as well. 3. In the event a participant retains counsel, his/her case will not be discussed at the Drug Court Team meeting without the presence of appropriate legal representation. 4. Participant presence is prohibited during Team meetings, unless approved by Drug Court Judge after consultation with Drug Court Team. 5. Drug Court Team discussions will include the following as applicable: (a) Offender eligibility, progress, and/or failure (b) Specific treatment needs and the drafting of treatment plans (c) The imposition of potential conditions, rewards, and/ or sanctions (d) Pertinent documentation from treatment service providers, participating attorneys, Drug Court Coordinator, Evaluator, or other Team members (e) The CDC Team will collectively decide on any modifications regarding participant treatment plans Treatment provider reports will be made by Drug Court Team members and disclosed during meetings. Each department and agency will provide information regarding their specialized discipline to the entire Team during meetings. 8

9 The Drug Court Team The Team Approach The Clayton County Adult Felony Drug Court utilizes a team approach to conference cases prior to actual courtroom proceedings. The purpose of the team approach is to present a coordinated response to offender behavior. Case conferences are conducted to encourage shared decision making with all team members and to provide the judge with information from a number of sources so that they can maintain an informed approach regarding participant compliance during courtroom status reviews. The Drug Court Team should meet weekly to conference active cases and discuss other drug court related issues. During these meetings, the team should discuss issues involving program acceptance, a program plan, movement in program phases, levels of judicial and probationary supervision, frequency of drug testing, impediments to sobriety, imposition of a system of sanctions and incentives and program graduation and expulsion and discharge plans from residential programs, if necessary. This case conferencing will occur on the morning of Drug Court hearings at 9:00 a.m., one hour before hearings begin. Drug Court hearings will be held every Friday beginning at 10:00 a.m. The Drug Court Team should include, but not be limited to, the following: Drug Court Judge Prosecutor Public Defender Program Coordinator Law Enforcement Officer(s) Treatment Provider Evaluator Using the collective expertise of various team members to address each case is the cornerstone of the Drug Court approach. Although the judge is the final decision maker, team consensus is the goal. Differences of opinion should be shared, discussed and debated in the atmosphere of respect even when consensus cannot be reached. In the courtroom setting, the team should function as a collective unit, fully supporting whatever decision the team should function as a collective unit, fully supporting whatever decision the team and the judge make involving a response to a participant s behavior. It is vital that each team 9

10 member understand the role of every other team member, respect their individual areas of expertise, and learn to communicate effectively. Programmatic or administrative issues which are not easily resolved that arise during the course of team meetings should be deferred to another time so as not to distract from the team s focus on participant issues. These other issues can be discussed and resolved after staffing or separate meetings could be scheduled. During court sessions, each participant must appear before the judge along with a supervising probation officer and treatment provider to report on the participant s progress since his or her last review. These hearings should be held in open court in the presence of other participants. Participants should remain for the entire court session unless the judge permits otherwise. 10

11 Clayton County Drug Court Organizational Chart 11

12 Team Roles And Responsibilities Team Member Role Role/Responsibilities Presiding Judge Judge Albert Collier, Superior Court Tiffany Boulware, District Attorney s Office Christine Van Dross, Public Defender Yolanda Lewis, Court Administrator Chiquiti Dean, Georgia Department of Corrections Chief Jeff Turner, Clayton County Police & Sheriff Kem Kimbrough, Clayton Sheriff s Office Paula Crane, Clayton Community Service Board Samuel Maddox, Ph.D., Clayton State University Prosecuting Attorney Defense Attorney Drug Court Coordinator Chief Probation Officer Law Enforcement Treatment Provider Program Evaluator Presides over status hearings and staffing sessions. Also chairs the Steering Committee. Identifies and screens applicants, verifies criminal history, & attends staffing meetings and court sessions. Advises participants of drug court process and policies. Also attends staffing and court sessions. Oversees daily operations, case management, monitors guidelines, organizes treatment services, and manages staffing sessions. Supervises offender and maintains service contacts with employers or community service. Also, attends staffing and court status hearings. Provides surveillance services, home visits, and liaison with other law enforcement agencies. Provides inmate processing and manages incarceration sanctions imposed by the court. Certified counselors render outpatient therapy, relapse prevention, clinical assessments, and random drug testing. Designs evaluation of Drug Court program, analyzes data, and provides neutral program review in report development. Team Members Each team member must: Understand that addiction is a disease and that relapse is a part of recovery; Understand the mission and philosophy of Drug Court and work to support the program s goals; Make a commitment to operate in a true team process and environment; Develop a general knowledge and familiarity with the addictive personality; and Be knowledgeable about gender, age, ethnographic, racial, and cultural issues that may impact a participant s success. 12

13 Role of the Drug Court Judge Assume a leadership position, effectively lead the team and assume ultimate authority and responsibility for team decisions; Maintain judicial independence while fostering an attitude of cooperation and teamwork within the Drug Court Team. Acquire a general knowledge of addiction, alcoholism and pharmacology and apply that knowledge to respond to compliance issues in a therapeutically appropriate manner; Develop an understanding of 12 Step self help programs and become familiar with the treatment modalities utilized by participants; Be willing to develop rapport with the participants, address their issues and reward their successes while maintaining the authority of a Superior Court judge; Lead the team to educate other members of the criminal justice system and the community on program goals and standards; Participate in continuing training specifically geared toward Drug Court concerns, including, but not limited to, an understanding of the psychosocial factors pertinent to addiction and treatment; and Visit various facilities in order to become and remain familiar with the services offered to clients in the Drug Court Program. Role of the Drug Court Prosecutor Function as a full and essential member of the Drug Court team, although he/she does not relinquish his/her Prosecutor function; Identify potential participants, conduct criminal history verification to determine eligibility, and make recommendations to the Drug Court Team regarding program enrollment; In conjunction with the Public Defender, review potential case resolution options, including motions and potential trial outcomes; 13

14 Attend staffing meetings and court sessions in order to fully participate in the Drug Court Team s assessments of each client s acceptability; Work with members of the Drug Court Team to develop solutions to life issues impending client treatment and progress; Participate in the Drug Court team s ongoing assessments of client progress, administration of sanctions and rewards, and suitability for graduation; Participate in the ongoing development of operational policies and procedures for the Drug Court program; Participate as a member of the Drug Court Team in both community education and outreach concerning the Drug Court program, and the utilization of services available from community bases agencies; Participate in continuing training specifically geared toward Drug Court concerns, including, but not limited to, an understanding of the psychosocial factors pertinent to addiction and treatment; and Visit various facilities in order to become and remain familiar with the services offered to clients in the Drug Court Program. Role of the Drug Court Public Defender Function as a full and essential member of the Drug Court Team, although he/she does not relinquish his/her defense attorney function; Identify potential participants, review with them their discovery, and counsel them concerning possible case resolution options including Drug Court, motions and potential trial outcomes; Counsel clients as to the benefits and demands of the Drug Court Program Conduct a threshold assessment of the clinical and legal suitability for the Drug Court Program of each potential applicant; Participate in the Drug Court Team s assessments of each client s acceptability; Work with other s to resolve soluble legal impediments to client admission; Perform traditional defense counsel functions with regard to the plea and sentencing processes; Work with members of the Drug Court Team to develop solutions to life issues impeding client treatment and progress; 14

15 Counsel clients concerning legal and treatment issues during the course of their participation in the program; Participate in the Drug Court Team s ongoing assessment of client progress, administration of sanctions and rewards, and suitability for graduation; Participate in the ongoing development of operational policies and procedures for the Drug Court program; Participate as a member of the Drug Court Team in both community education and outreach concerning the Drug Court program, and the utilization of services available from community bases agencies; Participate in continuing training specifically geared toward Drug Court concerns, including, but not limited to, an understanding of the psychosocial factors pertinent to addiction and treatment; Visit various facilities in order to become and remain familiar with the services offered to clients in the Drug Court Program; and When team consensus is not possible, litigate denials of admission, contested sanctions and termination proceedings. Role of the Drug Court Coordinator Maintain responsibility for the overall daily operations of the Drug Court including the calendar; Oversee Drug Court Case Management by processing applications, scheduling case reviews, maintaining court calendars, and notifying team members; Function as the point Person for the Judge, law enforcement, the treatment providers, and all ancillary services agencies; Possess a knowledge of addiction and substance abuse treatment and case management, and guide collaborative projects; Ascertain equipment, supplies, and other resources for program functioning; Collect data necessary to ensure that program evaluators receive appropriate data for budgetary calculations and program analysis; Support community mapping efforts by functioning as the primary liaison to the community and by representing the program at all levels, county, state and national; 15

16 Understand that Drug Courts are an evolving program and therefore maintain a connection with outside resources to bring new ideas to team members; Attend staffing meetings and court sessions in order to participate in the Drug Court team s ongoing assessments of client progress, administration of sanctions and rewards, and suitability for graduation; Participate in the ongoing development of operational policies and procedures for the Drug Court program; Participate in continuing training specifically geared toward Drug Court concerns; and Visit various facilities in order to become and remain familiar with the services offered to clients in the Drug Court Program. Role of the Drug Court Law Enforcement Maintain responsibility for enforcing the court order which sentenced a participant to Drug Court; Be responsible for overall client case management, monitor drug testing and supervision of participants, and bring relevant issues to the attention of team members as necessary; Work to assist a participant in achieving program goals, garnering assistance from other team members when needed to address the myriad of personal issues that impede a participant s rehabilitation toward long term recovery; Participate in the Drug Court Team s ongoing assessment of client progress, administration of sanctions and rewards, and suitability for graduation; Participate in the ongoing development of operational policies and procedures for the Drug Court program; Participate as a member of the Drug Court Team in both community education and outreach concerning the Drug Court program, and the utilization of services available from community bases agencies; Participate in continuing training specifically geared toward Drug Court concerns, including, but not limited to, an understanding of the psychosocial factors pertinent to addiction and treatment; and 16

17 Visit various facilities in order to become and remain familiar with the services offered to clients in the Drug Court Program. Role of the Treatment Provider Maintain accredited certification in order to provide outpatient therapy, relapse prevention, life skills, clinical assessments, and random drug testing to program participants; Educate program participants about ways in which to effectively and healthfully deal with addictions and strive towards a sober lifestyle; Conduct drug testing as requested by the Drug Court Judge; Assist supervising law enforcement officers in clinical aspects of their client case management responsibilities; Make recommendations for aftercare treatment and therapeutic responses to relapse; Ensure that each participant receives the intensive outpatient treatment required; Work to assist a participant in achieving program goals, garnering assistance from other team members when needed to address the myriad of personal issues that impede a participant s rehabilitation toward long term recovery; Provide professional evaluations and referrals on an as needed basis and assist participants with transition services, including, but not limited to the obtainment of a driver s licensure Participate in the Drug Court Team s ongoing assessment of client progress, administration of sanctions and rewards, and suitability for graduation; Participate in the ongoing development of operational policies and procedures for the Drug Court program; Participate as a member of the Drug Court Team in both community education and outreach concerning the Drug Court program, and the utilization of services available from community bases agencies; Participate in continuing training specifically geared toward Drug Court concerns, including, but not limited to, an understanding of the psychosocial factors pertinent to addiction and treatment; and 17

18 Visit various facilities in order to become and remain familiar with the services offered to clients in the Drug Court Program. Role of the Program Evaluator Conduct the clinical evaluation process of Drug Court applicants; Administer the ASI using the appropriate criteria to make credible evaluation findings; Possess a knowledge of the treatment provider agencies available to their court and make recommendations for appropriate referrals for Drug Court participants; Participate in the Drug Court Team s ongoing assessment of client progress, administration of sanctions and rewards, and suitability for graduation; Participate in the ongoing development of operational policies and procedures for the Drug Court program; Participate as a member of the Drug Court Team in both community education and outreach concerning the Drug Court program, and the utilization of services available from community bases agencies; Participate in continuing training specifically geared toward Drug Court concerns, including, but not limited to, an understanding of the psychosocial factors pertinent to addiction and treatment; and Visit various facilities in order to become and remain familiar with the services offered to clients in the Drug Court Program. GUIDELINES FOR ADMISSION INTO DRUG COURT Eligibility Criteria Consideration for admission to the Clayton County Adult Felony Drug Court Program shall be regulated by the following criteria: 1. Offender must be charged in Clayton County. 2. Offender must be 18 year of age or older. 18

19 3. Offender s current charge(s) cannot involve a violent or sexual offense nor shall the offender have any violent or sexual offense convictions in the past. 4. The current charge must be non violent and drug property related or such as: Forgery or related offenses, Theft related offenses, Possession of controlled substances, drug paraphernalia, or unlawful prescription, Burglary, or Damage to property. 5. Offenders who have no more than two prior felony convictions and/or juvenile adjudications of delinquency. 6. The offender must not have pending felonies in any other jurisdiction. 7. Offenders must not be subject to a sex offender registration requirement. 8. Offender must have an identifiable substance abuse problem. 9. Offenders must reside in Clayton County. 10. Offenders current charge must not involve the possession or use of a dangerous weapon during the commission of the current crime or when arrested for the current crime. 11. Offender must have sufficient emotional stability, mental and intellectual capacity to be capable of participation in the program according to the Americans with Disabilities Act. 12. Upon the consent of the Drug Court Team, probation violations on felony cases may be screened for eligibility if the offense for which the person was placed on probation does not otherwise make the person ineligible under the offender eligibility criteria. The Clayton County Adult Felony Drug Court maintains a post plea structure and offenders must enter a guilty plea to the offense(s) for which he/she will seek to enter Drug Court. The offender must voluntarily agree to participate in the Drug Court Program. 19

20 Each participant must undergo a professional diagnostic assessment to determine whether, and to what extent, the person is drug or alcohol dependent and would benefit from treatment. Drug or alcohol dependency must be determined after conducting a diagnostic assessment using the Addiction Severity Index (ASI) by a substance abuse evaluator involved with the Drug Court Program. Substance abuse treatment and monitoring will serve to benefit the person by addressing his/her drug dependency and will thereby reduce the likelihood that the person will thereafter commit another offense. Disqualifying Criteria 1. Refusal to cooperate with screening and assessment procedures, or unwillingness to participate in required programming or abide by program rules. 2. Person whose mental health or medical issues would prevent them from being able to actively participate in and complete the program. 3. Offenders charged with any drug offense that involves the sale of controlled substances, possession with intent to deliver controlled substances and possession of 28 grams or more of controlled narcotic substances will not be eligible. 4. Offenders with previously severe mental disorders, to include mental retardation, dementia, hallucinations, paranoia, or other personality disorders. 5. Offenders previously terminated from the Clayton County Drug Court. 20

21 Eligibility Process Summary A brief outline of the eligibility process is summarized in the table below. Process Arrest Meeting with Public Defender DA reviews NCIC Preliminary hearing Clinical screening Drug Court Team Meeting Appear in court Meet with drug court coordinator and probation officer Sheriff transports Offender to Clayton Center Begin treatment Decisive Factors Initial drug abuse identified Volunteer for program No violent or sexual history Legally eligible for program Substance abuse addiction identified Offender case staffed Enter guilty plea Drug Court Program rules and probation conditions explained Intake for treatment Comply with Treatment agreement At each stage of the process, a factor may cause the offender to be ineligible for the Drug Court Program. Once all the criteria are met and the offender is accepted into the program by the Drug Court Team, the offender s case is set for court. The offender will appear in court at 10:00 a.m. on Friday following acceptance in the program to plead guilty and begin the Drug Court Program. Entry Process and Program Processing Entry Process Potential Drug Court participants are initially identified after arrest during the intake process of the Clayton County Jail. When obtaining general information from the offender 21

22 during the intake process, the offender will be asked whether he/she has a drug addiction. Upon confirmation of an offender s drug addiction, the offender s information will be provided to the Drug Court representative in the District Attorney s Office. Also, potential participants may be identified by the Drug Court Public Defender when interviewed prior to the offender s preliminary hearing. Once an offender is identified as a potential participant in the Drug Court Program, the DA representative will examine the offender s current charge(s) and criminal history for eligibility for the Drug Court Program. If the offender does not qualify at this stage, the offender s case will proceed as normal through the justice system. If the offender does qualify at this stage, the Drug Court DA representative will contact the Drug Court representative of the Public Defender s Office who will then discuss the Drug Court Program with the offender to determine if the offender is interested in entering the Program. If the offender is not interested in entering the Program, the offender s case will proceed as normal through the justice system. If the offender desires to enter the program, the Drug Court DA and Public Defender will confirm the offender s interest at the preliminary hearing. The offender s name and information shall be provided to the Drug Court Treatment Provider who will perform a clinical assessment with the offender the Wednesday following the preliminary hearing. The contact information concerning the offender s interview must be provided to the Sheriff s Office Jail Division by the Treatment Provider at least 24 hours prior to the assessment interview occurring. If the offender does not meet the criteria for the Drug Court Program, his case will proceed as normal through the justice system. Upon the Drug Court Treatment Provider determining the offender has an identifiable drug addiction and meets all other treatment criteria for the Drug Court Program, the offender s name and information shall be provided to the Drug Court Coordinator by 12:00 noon on the Thursday following the assessment. After receiving the offender s name and information, the Coordinator will provide the offender s information to the Drug Court Team Members. At the Drug Court Staffing on the next day (Friday), the Drug Court Team will consider the offender s eligibility for the Drug Court Program. If the offender is not accepted into the Drug Court program, his/her case will proceed as normal through the justice system. If the offender is accepted into the Drug Court Program, he will appear in court the following Friday to enter a guilty plea to 22

23 the charge(s) against him/her and be sentenced to a period of seven (7) years probation with the special condition that the participant abide by the rules and regulations of the Drug Court Program and graduate from the Program. Prior to the offender s guilty plea, the potential participant should receive a full description of Drug Court rules and expectations to include: A general explanation of the roles and authority of each team member. A clear statement that the potential participant is required to enter a guilty plea as part Drug Court Program. A clear statement that the plea statement will specify the offense to which the guilty plea will be entered and the sentence the offender will receive by the Court. An explanation that successfully following the rules and regulations, graduating from the Program and completing of a period of aftercare will result in the balance of the offender s probation being suspended without the being incarcerated. An explanation that the failure to follow the rules and regulations and completing the program may result in a violation of probation where the balance of the offender s probated sentence would be revoked to the state penitentiary. A clear statement that the offender must voluntarily agree to: 1. Waive a speedy and public trial by a jury; 2. Waive requiring the State prove their guilt beyond a reasonable doubt; 3. Waive their right to confront witnesses who come into court to testify against them; 4. Waive their 5 th Amendment right against incrimination or being required to give any information which could be used against them; 5. Sign a performance contract with the court; 6. Waive their ability to recuse the Drug Court Judge from conducting the offender s proceedings should he/she be terminated from the program; 7. Waive the ability to seek expungment of any conviction where the sentence was completed under the Drug Court Program. After completion of the negotiated plea on Friday, the participant meets with the Drug Court Coordinator to sign consents, releases and any documentation required for the 23

24 Participant to be a part of the Drug Court Program. The participant will also meet with the Probation Officer to go over the rules and conditions of probation. Even though the participant is a member of the Drug Court Program, he/she will be required to follow all the conditions of their probated sentence as well. The Offender will remain in the Clayton County Jail during the weekend and be transported to the Clayton Center on Monday morning before 9:30 a.m. to begin the treatment phase of the Program. 24

25 Entry Process Chart Initiate Eligibility Assessment Process through: Intake at jail after arrest or Identified by Public Defender Adult Drug Court Intake Process Intake Assessment by District Attorney Representative Legally Eligible? NO Return to process normally In justice system YES Refer offender for a clinical Assessment by Clayton Center Meets Criteria Accepted into Program by DC Team? NO Return to process normally In justice system YES Offender Pleads guilty and Consents to Enter Drug Court NO YES Enroll in Drug Court 25

26 Program Fees All program participants are expected to pay a total of $300 in Phase I and $586 in each of the remaining Phases (II IV) Fees will partially cover the cost of treatment. A participant cannot advance to the next Phase without paying the Program Fees. The fees assessed are used initially to pay for the participant s treatment and later in the program for supplies and materials needed to maintain the Drug Court Program. Arrangements must be made with the Drug Court Coordinator for the payment of fees. It will be the responsibility of each participant to ensure the Program Fees are paid. Although the participant will not receive any fine, the participant is also responsible for the payment of any court costs and probation fees through the Probation Office. DRUG COURT CASE PROCESSING Identification of Potential Candidates Offenders are referred by the Drug Court Prosecutor and the Public Defender after being identified prior to their preliminary hearing. The purpose of Drug Court Program is to divert offenders with substance abuse addictions into treatment, at the earliest possible point in the criminal justice process. If the DC Prosecutor is concerned that the offender s participation in the Drug Court Program would present a danger to the community, he/she may refuse to consent to that offender s participation in the program. Also, should any Drug Court Team member determine that the offender does not meet the eligibility criteria previously set out, the Team member will contact the DC Coordinator and the offender shall no longer be considered a candidate for the Clayton County Drug Court Program. At that time, the defendant s case will be returned to the Court to proceed as normal in the justice system. When the DC Prosecutor and Public Defender determine an offender is legally eligible for the Drug Court Program they should have the potential participants complete the Consent for Release of Information form in order to enable Drug Court staff to obtain the confidential information necessary to conduct a clinical evaluation of eligibility. The Drug Court Coordinator will sequentially date stamp the form and enter the information into the case management database system. The Coordinator will retain the form for the 26

27 purpose of keeping confidential information separate from other court clerks. This information security measure is an additional step to minimize the indiscriminant dissemination of information to the public. Information will be retained in the office of the Coordinator in a locked cabinet. Drug Court s Treatment Provider should interview each participant upon notification of a potential participant s eligibility. The treatment provider must utilize the Addiction Severity Index (ASI) to conduct a substance abuse evaluation to determine the applicant s clinical suitability the Drug Court Program. The Drug Court Treatment Provider must determine the appropriate level of care by establishing a treatment plan for that particular participant. At the Drug Court Team staffing, the Team should discuss the participant s treatment plan as recommended in the substance abuse evaluation and any other related matters that need immediate attention. Any subsequent revisions should be decided by the Drug Court Judge with the input of the Team. After the participant enters his/her plea of guilty, the participants will be required to sign various forms including the Drug Court Treatment Contract which delineates the rules and responsibilities of those subject to Drug Court supervision. These consents and agreements will become effective when the participant is sentenced and failure to sign any of the consents and agreements will be considered a failure to complete the Drug Court Program which will result in the Probation Officer beginning violation of probation proceedings against the participant. The participant will also be interviewed by a Drug Court Probation Officer to obtain any other information needed and to inform the participant of the rules of probation. The following are standard conditions of a Drug Court sentence: Participation in Drug Court is not to exceed three (3) years which shall include the successful completion of all phases of the program in addition to a period of aftercare; and Compliance with all court ordered treatment until successful discharge; and Mandatory urine monitoring as deemed necessary by the Drug Court Team; and Mandatory appearances at all Drug Court hearings, as directed by the Court. 27

28 Clinical Screening, Assessment Protocols, and Acceptance Procedures Purpose To establish clinically appropriate guidelines for the admission of offenders into the Clayton County Adult Felony Drug Court program. Policy Defendants admitted into the Clayton County Adult Felony Drug Court program shall be initially screened by the Drug Court Prosecutor and then sequentially clinically assessed utilizing a variety of assessment tools as deemed appropriate by the Drug Court Treatment Provider. At the time of the clinical assessment, it will be determined if the offender meets the standards for admission as outlined in the DSM IV Criteria for Psychoactive Substance Abuse; or, DSM IV Criteria for Psychoactive Substance Dependence. A treatment plan to meet the clinical needs of the participant will be formulated by the Drug Court Treatment Provider to include out patient treatment and/or in patient treatment if needed. Should the clinical assessment reveal the offender has mental health issues, the offender cannot be actively psychotic or displaying symptoms indicative of such, i.e., hallucinations, severe paranoia, suicidal or homicidal ideation. The offender must be able to comply with the program requirements and show he/she is compliant with medication management as prescribed (if applicable) and is willing to maintain compliance during the course of the program. The offender must agree, if recommended during the course of the Drug Court Program, to participate in a psychological, psychiatric, and /or mental health evaluation, and to follow the recommendations of such evaluation. Suitability Standards Standard I: Participants accepted for enrollment shall be considered suitable candidates, with the principle goal of achieving and maintaining a drug free lifestyle. Standard II: The Drug Court Coordinator shall receive information concerning eligible offenders from the Drug Court Prosecutor and Public Defender and summarize any 28

29 background and/or drug history information which may bear on the offender s eligibility in the Drug Court Program for consideration by the Drug Court Team. Standard III: The Treatment Provider staff shall assist the Drug Court Judge in determining the overall suitability of defendants for the program by completing a clinical assessment for offenders that are determined to be legally eligible for the Program by the Drug Court Prosecutor and Public Defender. Practices Screening: There will be two (2) screenings to determine if an offender meets the criteria for the Drug Court Program. First, the Drug Court Prosecutor and Public Defender will determine if the offender legally meets the criteria to be eligible for Drug Court. The Drug Court Prosecutor will determine if the charge(s) pending against the offender fall within the charges eligible to be allowed into the Drug Court Program and will determine if the offender s criminal history qualifies him/her for the Program. The Drug Court Public Defender will determine if the offender meets the residency requirement of the Program, consents to enter the Drug Court Program and determine if the offender admits to having an addiction to drugs. The second screening will be conducted by the Drug Court Treatment Provider in the form of a clinical assessment to determine of the offender has a clearly identifiable drug addiction and whether the offender will benefit from the treatment component of the Drug Court Program. Placement: Placement within the established treatment consortium is based upon, but not limited to, the reported substance abused, previous attempts to rehabilitate, social and psychological risk factors, and willingness to endure the program. Further assessments will be conducted by the Drug Court Treatment Provider at the clinical/agency level by certified professionals to assist the Drug Court Team in maintaining and monitoring the participant to succeed in the Drug Court Program. Assessment: The clinical assessment is descriptive as well as prescriptive. The purpose is to accurately determine whether the participant has a condition that sufficiently meets the current diagnostic criteria for abuse or dependence. Establishing a diagnosis is a 29

30 prerequisite for admission to a treatment program or a recommendation that clinical services be considered by identifying the individual's strengths, weaknesses, readiness for treatment. Based on the assessment, service will be recommended appropriate to address the defendant's issues and/or deficiencies. Assessment of participant mandated treatment progress is routinely done through established licensed and accreditation policies and procedures for case conferences. Quality assurance will be met by utilization review, continued stay review and regularly scheduled Consortium staff meetings. All individual treatment planning and delivery will be reviewed in accordance with State licensure for continuous quality improvement performance standards and measures. Established procedures will be operate to assess individual and group therapy sessions, including participant progress for those diverted from incarceration to comprehensive outpatient rehabilitation services. The addiction treatment protocols or modalities to be followed in engaging and treating participants will be those presently modeled from American Society of Addictions Medicine, licensed by the State's Office of Alcohol and Substance Abuse Services, and accredited by the Joint Commission on the Accreditation of Health Care Organizations. Case Management: Supervision and Surveillance Protocols The Drug Court Coordinator is responsible for providing primary case management for all Drug Court participants. During the period between each Drug Court Staffing, the Coordinator will gather information from the various Drug Court Team Members concerning the progress of each participant. This information will be presented to the Drug Court Team by the Coordinator in a report submitted at the weekly Staffing held prior to the Drug Court Hearings. At the Hearing, the participant will provide proof of treatment participation, meeting attendance, receipt of services, employment or housing status, or other information that the participant is either requested to provide or wishes to show the judge. The judge will review materials and completed tasks with the each participant and advise him/her of insufficiencies and/or failures. The case management of drug court participants is built around professional assessments of substance abuse and current evaluation tools. It entails an interactive, coordinated process between the Coordinator and participant, with the ultimate goal of identifying the strengths and challenges of the participant and developing interventions 30

31 and strategies around those issues. Case management and supervision will provide: (1) planning for intervention services and the fulfillment of criminal justice obligations; (2) brokering treatment and other services and assuring continuity as the participant progresses through treatment to program completion; (3) monitoring and reporting progress of the participant; (4) supporting the participant by identifying problems, and advocating for the participant with legal, treatment, and social service systems; and (5) monitoring of each phase and evaluating the strength and weaknesses of the Program. The Coordinator is knowledgeable regarding community resources and works with the participants in accessing ancillary and treatment services. Case Management The Coordinator is responsible for providing the following services for each potential participant: 1. Communicate with the Drug Court Prosecutor and Public Defender regarding the offender s potential eligibility from a legal perspective and recommended acceptance/non acceptance into the Program. 2. Communicate with the Drug Court Treatment Provider regarding the offender s potential eligibility from a clinical perspective and recommended acceptance/non acceptance into the Program. 3. Attend Drug Court Team Staffings and hearings each week unless excused by the Drug Court Judge. 4. Coordinate ancillary services such as vocational, rehabilitation, education, transportation, substance abuse, and other treatment services. 5. Develop a treatment plan with the Treatment Provider and participant, allowing for periodic review and revision as needed. 6. Maintain appropriate records. 7. Provide participant monitoring (number of weekly contacts is determined by treatment phase) 31

32 8. Act as a liaison to treatment providers, courts, judges, prosecutor, defense bar, and the community. 9. Document all tests administered, evaluation results, etc for use in process and outcome evaluations. Courtroom Protocols The court will hold Drug Court hearings every Friday (excluding holidays) or as set by the court. Before each Drug Court Team staffing the coordinator will gather attendance and participation information from each participant s drug/alcohol/other treatment and service providers and provide a written report and recommendation for team members. At the weekly staffing and review the drug court team will discuss and evaluate the weekly progress of each participant, determine whether the participant is in compliance or has violated drug court requirements or rules and determine whether changes in treatment or other services are warranted and what interventions/sanctions and/or incentives should be given to the participant for the week. Drug Court Team Staffing and Court Hearing Procedures Drug Court Team staffing will be held one hour prior to the start of the Drug Court hearing each week. All recommendations and progress reports of participants are discussed with during the Drug Court Team staffing prior to the Drug Court hearing. The Drug Court Team member or their representative s attendance at the Drug Court staffing is mandatory. The staffing will primarily consist of a review of each participant's results in drug testing, progress in treatment program, attendance in treatment appointments, fee standing, criminal activities, and general life situation. After the staffing, the Drug Court hearings will be held in open court to monitor the participants' compliance and progress. Also program modifications will be discussed as needed. If the participant has counsel, the staffing and hearings will not be delayed due to unavailability of counsel. All Drug court participants are ordered to submit to random urinalysis tests during the time spent in Drug Court. In some cases when a participant in court appears to be 32

33 under the influence of a controlled substance and denies usage of such, a UA test will instantly be scheduled. The cases of participants who will plead guilty and enter the Drug Court Program will be called during the Drug Court hearing on the next Friday after they are accepted into the Program. The participant will enter a guilty plea to the charge(s) against him/her and be sentence by the Court to a period of seven (7) years probation. After sentencing, the participant will be required to meet with the Drug Court Coordinator to sign a Drug Court Treatment Contract and execute various forms and releases to facilitate his/her participation in Drug Court and treatment. The participant will next meet with a Probation Officer to go over the rules and conditions of their probated sentence. Before 10:00 a.m. the Monday after the participant enters the program, if the participant is in jail, the Sheriff s Office shall transport the participant to the Clayton Center to begin treatment. If the participant is not in jail, the participant will be instructed to appear at the Clayton Center before 10:00 a.m. on the Monday after they are accepted into the program. The Judge will call the names of each participant of the Drug Court Program individually who will come to the podium. The judge will discuss on the record with each participant and team members the participant s participation and progress, any changes to be made in treatment, other services or the participant s phase level, and incentives or interventions to be imposed. Unruly participants will be sanctioned accordingly by the Drug Court Judge and escorted out of the courtroom pursuant to normal law enforcement protocol. Courtroom behavior is important, and participants will be advised that the following behavior at court sessions will not be tolerated: Arriving late and leaving early: Court sessions begin at 10:00 a.m. and end when the judge declares the docket to be concluded. An important part of Drug Court participation is attendance and attention for the duration of court sessions unless specifically excused by the court. Requests for permission to leave court early will not be routinely granted. Participants are responsible for arranging other obligations and plans to accommodate their attendance at complete drug court sessions. 33

34 Talking/movement around the courtroom: Drug court sessions, while less formal than other court proceedings, are, nevertheless, formal court proceedings, and participants will be required to conduct themselves accordingly. Chatting or visiting and movement in and out of the courtroom are not appropriate during drug court sessions. Attire, food and cell phones in the courtroom: Participants are required to wear appropriate clothing to court. This includes pants, skirts, blouses, and t shirts (must sit at or below the waist band). No t shirts will be allowed that display any inappropriate language or design nor shall it contain any design, photograph, advertisement, etc. for any alcoholic beverage, drug paraphernalia or any establishment or business that sells alcoholic beverages or drug paraphernalia. Tank tops and cut off shorts are not appropriate. Food, drinks and powered cell phones or pagers are not permitted in the courtroom. If a pager or cell phone makes noise when in the courtroom, it shall be confiscated and returned to the owner upon their request after the hearings have concluded and the judge has adjourned court. Within the final month of the program, an exit Interview will be scheduled for each participant that is eligible to graduate. The participant will be given a Pre Graduation Packet that is to be filled out and returned prior to the Interview date. Each interview is conducted privately in the courtroom with the entire Drug Court Team being present. Each Team member reviews the participant's questionnaire and asks questions relating to the information stated in the questionnaire. After consideration of opinion of the Team members concerning the participant s graduation, the judge will ultimately determine if the participant will graduate based on this interview process. 34

35 Surveillance Protocols: Law Enforcement What is the role of Law Enforcement The basic the role of law enforcement is as follows: Conduct home visits or environmental checks as necessary; Conduct periodic surprise visits of participants homes; Attend and participate at weekly Team staffing and Drug Court hearings to share information; Attend Drug Court conferences and training seminars, based on availability of funding. Officer Notification System The probation officer monitors the compliance with court requirements such as attendance at court hearings, support groups, treatment, drug testing, and employment and GED classes; makes referrals to employment services, anger management, etc.; and maintains documentation of the participants progress. The law enforcement officers conduct surveillance by periodic home visits and being aware of any intelligence information that may be uncovered concerning a participant. They should be available to attend the weekly Team staffing to provide any information obtained concerning a participant to the Team members. Supervision Protocol Community supervision is provided by the Clayton County Police Department, Sheriff s Office, and State Probation Office. Although the Court has embraced the implementation of a specialized Drug Court, the surveillance protocol is dictated to a certain extent by local law enforcement policy. Once the defendant is enrolled in the program, the officers monitor his/her behavior for program compliance outside of the court room by making home visits and scheduling regular office visits (probation). Appointed law enforcement representatives attend the staffing and court hearings and should maintain communication with other law enforcement officers in their agency or 35

36 some other agency concerning any activity of a participant that is contrary to a participant s progress in the Drug Court Program. Supervision is a shared responsibility among all members of the Drug Court Team achieved through effective collaboration, decision making and rapid response to conditions that may lead to relapse or further criminal activity by program participants. Working in collaboration with the Drug Court Team, either a probation officer or a law enforcement officer will meet at least weekly with each participant and report his/her status at the following Drug Court Team meeting. Reports rendered will include information regarding each participant s employment, living environment, weekly court appearances and any new criminal charges, if applicable. All members of the Drug Court Team will keep the Coordinator informed of any conditions that might impact the capacity or ability of the Drug Court program to successfully monitor and supervise participants. Supervision Operating Procedures I. At the Drug Court Team staffing each Friday, surveillance officers will receive a list of participants that require home monitoring or surveillance the following week. The officer will attempt to visit or make contact with the participant within the allotted week of review. Officers will be required to provide reports to the Coordinator as soon as possible, but no later than 1 full business day prior to the Team staffing. II. The safety of the surveillance officers is paramount. The surveillance personnel should use basic investigative techniques and safety measures applicable to this position. Despite the fact that participants are considered non violent, opportunities still exist for criminal activity. To that end, officers are encouraged to participate in reputable training involving safety issues. III. Surveillance officers are encouraged to communicate with the local Drug Court Adult Probation Officer(s) so as to obtain enough relevant information about a participant s address. Surveillance officers may inquire from the Drug Court Probation Officer(s) as to exact directions, copies of any maps or 36

37 drawings to a participant s residence, and if any alerts of any kind (dogs, weapons suspected, gang activity, etc.) exist. IV. If at any time a surveillance officer feels unsafe in the home visit, the officer should immediately end the visit and leave the area. A report should be written to document the event and what was occurring that produced the adverse reaction. The safety of the surveillance officer is paramount on each and every field/home visit. V. Surveillance officers must act in accordance within the scope of their duties at all times while conducting home visits. No personal business is to be conducted during such hours. While surveillance officer are authorized to conduct searches without a warrant of the participant s person or property, these are not searches conducted with the purpose of discovering evidence to prove the participant is committing a crime. The purpose of the search is to determine whether there is anything noticeable that would indicate the participant is not complying with the program. If there is any indication the participant is in possession of any illegal substances, the surveillance officers may be conduct a more thorough search of the participant s person or property. At all times, the surveillance officer shall treat the participant and their property with respect. If there is any other person present or living in the same residence with the Defendant, the Fourth Amendment of the United States Constitution s guarantee of unreasonable search and seizure applies to their person or property. VI. If a client is not at home during a field visit, the surveillance officer will write a report accordingly to reflect that information. Any reasons for the absence must be noted within the report. (Any incomplete reports will be returned to the surveillance officer as soon as reasonably possible and will be corrected within the date specified by the Coordinator). If information is obtained from another individual at that client s home, the surveillance officers have the right to ask that person s name for the report. It must be noted that the 37

38 person may decline to give that information, which should then be noted in the surveillance officer s report. VII. At no time during a home visit should a client be left unattended and/or unobserved by the surveillance officers. Again, safety concerns dominate the situation. If a client tests positive for any substance, the surveillance officers have authority to detain and arrest the participant. A written report must be completed and faxed to the Drug Court Probations Officer and Coordinator within 24 hours if the incident occurs Monday Friday (within 48 hours if the incident occurs during a weekend). Failure to do so not only compromises the integrity of the Drug Court Program but could also result in disciplinary action toward the surveillance officer(s). VIII. Surveillance officers are to be vigilant and observant at all times while conducting field/home visits. They must indicate in their reports any unusual behaviors or events, including but not limited to client conduct and other information that may be considered useful by the Drug Court Program, Judge, the Drug Court Team members, Coordinator and Treatment Provider. IX. While family members and others who reside with clients are under no obligation to respond to any surveillance officers questions, surveillance officers should strive to develop some level of rapport with these individuals if possible. These individuals can serve as sources of information concerning the client and this can prove invaluable for the surveillance officers. Levels of Supervision Surveillance officers are responsible for providing community supervision and for monitoring all requirements imposed by the Drug Court Team in each phase of the program. Within these phases, officers apply different levels of supervision designed to help the participants combat their addiction and prevent relapse, as well as to obey the law and comply with program conditions. The levels of supervision should vary as needed. Together they should provide a structure which will enable the probation officers to respond effectively to any non 38

39 compliance by participants with program requirements, special conditions, or probation conditions. The levels also help establish a framework for the progression of participants through the program toward legal and social independence, free from drug abuse. Participants are evaluated at each level by the officer and the Drug Court Team, and the treatment plan is adjusted accordingly. Law enforcement s various levels of supervision are a results driven plan for participant supervision. It focuses officers on the accomplishment of specific tasks, resulting in the achievement of performance outcomes by the participant. By emphasizing results, officers will be better able to customize the use of their time and resources on individual cases. This model is a flexible method of participant supervision. Officers are required to develop and carry out supervision plans that are based on the specific needs of each case. The goal is to achieve compliance with the probation conditions and with the case objectives. The objectives are formulated into a case plan. This plan is based on an assessment of client needs, using a variety of facts and factors, and subject to a scientific risk instrument and officer override, when necessary. The officer s primary goal should be to maintain close contact with each participant through frequent office and home visits. Law enforcement officers help participants comply with both general and specific conditions of the Drug Court program. Examples of these conditions include remaining drug free, reporting regularly, maintaining employment, and paying fines. Officers interact with treatment providers, family members, defense and prosecution attorneys, schools, employers, and social service agencies to implement the team approach to each participant s recovery. They routinely coordinate, refer, monitor and help manage a participant s daily activities to ensure compliance as well as recovery. The probation officers also often act as the liaison between local agencies and the Drug Court program, striving to incorporate the community into each participant s treatment plan. Officers perform all of their duties within the Drug Court Team framework, and so must report to the Team on a regular basis as to each participant s progress. This should include bringing to the Team s attention any issue that requires immediate intervention by the Drug Court and attending Drug Court hearings. 39

40 To meet the need for both intensive and varied levels of supervision, as required within the Drug Court program, this supervision model calls for officers, after consultation with the Drug Court Team, to develop an individualized activity and monitoring schedule for each Drug Court participant. During the phases of the program, this schedule must prescribe a frequency and types of contacts that ensure the right amount of intensity. Drug Court participants are at a high risk for re offending and relapse. Therefore, the strategy for Drug Court officers is to intensify the supervision in the beginning of the program to establish and reinforce expectations. Frequent contacts and interaction of the Drug Court officers in the first phases of Drug Court enable the officer to establish a strong working relationship with the participants and a framework for achievement. Intensive supervision is applied for the first and second phase of a participant s program. It is important that during initial phases of the program, intensive monitoring of the treatment and compliance aspects of each case are emphasized since this is the time frame for the highest risk of noncompliance. Intensive supervision is also appropriate for any participant at high risk for relapse or those whose compliance is unsatisfactory during less intensive levels of supervision. The nature and number of supervision contacts should be determined by the officer in response to the course of a participant s progress. Drug Court officers have many responsibilities within the Drug Court program, and more specifically, during the different levels of supervision. Among these are to: Perform crisis intervention Report any non compliance to the Drug Court Conduct curfew checks during non traditional hours Conduct random home visits Perform on the spot drug testing, as requested during court settings Contact schools and employers Assist community case planning Perform pager duty required on crisis cases/ escapes Submit petitions for violations of probation if the Drug Court team decides this is warranted Arrange bench warrants, or issue warrants/ detainers Assist other Drug Court team members with ongoing implementation of new ideas 40

41 Drug Testing The goals of drug testing within the Drug Court Program are to deter future drug use by participants, to identify participants who are maintaining abstinence, to identify participants who have relapsed, and to supplement treatment and sanction decisions. The Drug Court Program applies a philosophy that comports substantially with basic drug court best practices. With greater frequency of testing, it is expected that drug abuse will be substantially reduced and the potential for positive Drug Court Program outcomes, both short and long term, is increased. Consequently, the Drug Court Program Policies and Procedures require drug testing for each participant with the frequency based upon the phase the participant is currently in. Locations at which drug tests may be conducted include treatment agencies, homes, places of employment and any other public location where drug testing will not conflict with the best interests of the public safety and a participant s personal development. Our program has the ability to do drug testing for marijuana, cocaine, PCP, heroin, opiates (lortabs, vicodin, codeine), amphetamines, methamphetamines, benzodiazepines, barbiturates, and alcohol. Although alcohol is legal for use by anyone over the age of twenty one, the Clayton County Drug Court Program does not approve of its use by participants. A positive test for alcohol is equivalent to the positive testing result of any other drug and will be subject to sanctions. All samples are tested for adulterants and/or flushing agents if deemed necessary by drug court team members. Any sample found to contain any adulterant, contaminant or flushing agent shall be considered positive for all the drugs for which the participants are being tested. All samples will be observed by a member of the program staff of the same sex as the person providing the sample. No unobserved samples will be accepted. Failure to give a urine sample will result in being considered positive for all drugs. Bringing a fraudulent sample will result in dismissal from the drug court program. Drug Court Program staff shall use the following guidelines for drug testing: The minimum frequency of testing is determined by the phase and level of supervision. All possible contact opportunities must be utilized to conduct random or routine drug screening including office visits, home visits, and field call ins. 41

42 Participants are tested with the most appropriate and current methods available. Participants are tested for specific drugs when specific usages are suspected, and comprehensively for multiple drugs and alcohol when appropriate. Participants are tested for drug use based upon reasonable suspicion, observation or direct evidence and randomly. Reporting Procedures In establishing uniform procedures for reporting incidents and case developments to Drug Court Coordinator, compliance with the requirements set forth in this manual is made with an express condition of (a Treatment Provider s or Law Enforcement Official s) continued participation in the Drug Court program. The provisions herein take effect immediately and are supplemental to signed memoranda of understanding. Treatment providers participating in the Drug Court program must report to the Coordinator, Law Enforcement, and the Prosecutor all significant failures or violations of program rules. It is understood that it is essential to the success of the program that Treatment Providers comply with these reporting requirements so as to maintain the confidence of the Judiciary, Prosecutor, and the public in the integrity of the program, and to ensure compliance with legal requirements. Information concerning suspected possession or use of a controlled dangerous substance or paraphernalia must be reported even if the substance or item is not in the physical custody of a participant (e.g., the illicit substances are consumed or destroyed prior to Law Enforcement s seizure). Note that treatment providers must preserve any suspected controlled dangerous substance of drug paraphernalia that may come into their possession or custody, and must promptly turn over any such suspected substance or paraphernalia to Law Enforcement, along with all information concerning the complete chain of custody, including but not limited to information concerning where the substance or item was found and the identity of all persons believed to have been in actual, joint, or constructive possession of the substance or item. Prompt and formal reports of the following are also required: The possession, use, or threatened use of any weapon, including but not limited to a firearm. 42

43 Any act of violence or threat to commit an act of violence. Failure to comply with the recommended treatment plan. Refusal to submit to urinalysis or any other form of drug or alcohol testing. Any attempt, whether successful or not, to tamper with a sample to be submitted for urinalysis, or otherwise to attempt to impede or invalidate a drug test or to produce a false drug test result. All persons enrolled in the Drug Court program shall be advised that failures and violations must and will be reported, and may constitute grounds for sanctioning up to and including termination. The Drug Court Coordinator shall be responsible for securing and maintaining on file all written waivers of confidentiality. The failure by a participant to sign and execute a written waiver necessary to comply with this requirement shall be reported immediately to the Court, Coordinator, and Drug Court Team. A significant failure or violation must be reported to the appropriate Law Enforcement officials within twenty four (24) hours of the time that any member first learns of the violation or significant failure. Any conduct involving the possession, use, or threatened use of a firearm must be reported immediately to appropriate Law Enforcement authorities. Providers should keep the telephone numbers of Law Enforcement and Prosecutor on file. Where the provider is required to report an incident immediately (i.e., an incident involving a firearm), it shall not be sufficient to leave a message on an answering machine or to activate a paging device, rather, it shall be the responsibility of the Provider to explain the circumstances of the incident. Making such a call to Law Enforcement and the Prosecutor shall not eliminate the Provider s obligation to also notify the Drug Court Coordinator. Under no circumstances shall any person destroy, conceal, or tamper with any evidence of a criminal violation or violation of Drug Court, including chain of custody evidence. All physical evidence (e.g., drugs, weapons, paraphernalia, etc.) shall be secured until such evidence has been turned over to Law Enforcement. Treatment Providers are subject to being called as witnesses in a criminal prosecution or revocation proceeding concerning the significant failure or violation. 43

44 DRUG COURT PROGRAM PHASES Phases of the Drug Court Program The management of Drug Court cases consists of four (4) progressive phases which encompass various levels and degrees of substance abuse treatment and supervision. The team should regularly assess each participant s overall situation which included the suitability of their living arrangement, employment skills, and need for other ancillary services. Since developing an independent drug free and crime free lifestyle is a difficult process, obstacles to a participant s progress may occur during any phase. Some obstacles to a participant s progress may occur during any phase. Some obstacles are external, and strategies to address them should be developed by the team. Other obstacles are internal, due to participant non compliance. A variety of sanctions will be utilized by the court to address any noncompliance. Incentives can also be offered for participants who demonstrate cooperation, motivation and achieve treatment goals. Progress from one phase to the next should be considered when the participant has clearly mastered the requirements of a given phase. The continuing goal is for a participant to increasingly assume personal responsibility for their life and to become a productive citizen. In order for movement to be approved to a higher phase, urinalysis results, treatment summaries and probation reports should indicate a stable early recovery, as well as progress in resolving other personal and family issues. Each participant must make a formal request to the Drug Court Coordinator for movement to the next phase or for any special request, such as permission to leave court early to pick up a child at day care. Any request shall be considered by the Drug Court Team at their weekly staffing. While team members should give input to the response to these requests, the Drug Court Judge should make the final decision. While it is hoped that each participant will be able to move directly through each phase, the Drug Court team recognizes that recovery is a complex challenge and that relapse may occur. Even if a participant advances to a less intensive treatment level, it may become clinically necessary for a participant to receive more intensive therapy, or demotion to a previous phase, before again progressing to a less intensive treatment level. 44

45 A participant s overall participation, progress and risk of relapse dictates the determination of the Drug Court phase in which they are placed. The appropriate level of care needed for a participant should be determined by an assessment of treatment needs and may not always coincide with phase progression and movement. The duration of each phase should vary depending on the participant s progress in recovery. 45

46 Phase Chart Phase I: 8 Weeks Follow treatment plan established by treatment provider Attend court hearings each week Attend family counseling twice each month Attend 3 support meetings each week Submit to random drug screens as established by the Drug Court Policies and Procedures Attain a sponsor and a home group Report to Probation Officer each week Follow rules and condition of Probation Order Obtain Court approved employment Obtain Court approved housing Maintain a minimum 30 days without a positive drug test Pay Drug Court fees ($300) Complete any other requirements as determined by the Drug Court Team Request advancement to Phase II in writing and make oral request to the Drug Court Team during the Court hearing 46

47 Phase II: 24 Weeks Follow treatment plan established by treatment provider Attend court hearings each week Attend 3 support meetings each week Submit to random drug screens as established by the Drug Court Policies and Procedures Report to Probation Officer each week Follow rules and conditions of Probation Order Maintain Court approved employment Maintain Court approved housing Develop a financial plan and submit the plan to the Drug Court Coordinator Attend 6 week family development Course, if applicable Complete 96 hours of community service at a location approved by Drug Court Team Develop a pro-social activity plan and submit the plan to the Drug Court Coordinator Maintain a minimum of 60 days without a positive drug test Pay Drug Court fees ($586) Complete any other requirement as determined by the Drug Court Team Request advancement to Phase III in writing and make oral request to Drug Court Team during the Court hearing Phase III: 20 Weeks Follow treatment plan established by treatment provider Attend court hearings bi-weekly Attend 2 support meetings each week Submit to random drug screens as established by the Drug Court Policies and Procedures Report to Probation officer each week Follow rules and conditions of Probation Order Maintain Court approved employment Maintain Court approved housing Follow established financial plan Attend 2 pro-social community assignments and follow established pro-social activity plan Complete 120 hours community service at a location approved by Drug Court Team Review and follow relapse prevention plan Maintain a minimum of 120 days without a positive drug test Pay Drug Court fee ($586) Pay Court ordered restitution and/or child support Compete any other requirement as determined by the Drug Court Team Request advancement to Phase IV in writing and make oral request to Drug Court Team during the Court hearing 47

48 Phase IV: 20 Weeks Follow treatment plan established by treatment provider Attend court hearings bi-weekly Attend 2 support meetings each week Submit to random drug screens as established by the Drug Court Program Report to Probation Officer bi-weekly Follow rules and conditions of Probation Order Maintain minimum of 140 days without a positive drug test Follow established financial plan Maintain Court approved employment Maintain Court approved housing Attend 2 pro-social community assignments each month and follow established pro-social activity plan Pay Court ordered restitution and/or child support Pay Drug Court fees ($586) Complete 120 hours of community service at location approved by Drug Court Team Review and follow relapse prevention plan Complete and sign aftercare plan Participate in Exit Survey Complete and submit graduation application Graduation Criteria The participant must have successfully completed the treatment program and aftercare as required by the Drug Court team; and The participant must be employed full time. Part time employment is permitted if a participant is also actively engaged in a full time trade or vocational school; Exceptions may be made for participants who are unable to work due to a disability or other issues. The participant must have established a regular payment history on all court ordered costs and fees including child support; and The participant s history of compliance with the Drug Court policies and procedures as well as how frequently he/she required the imposition of sanctions; and The participant must be able to demonstrate to the Judge and Drug Court Team a sober network of support in the community where they reside; and The participant must make a formal request to graduate; and There must be no criminal charges or active bench warrants pending against the participant. Discharge for successful completion of the Drug Court program should only be granted after a participant has completed a minimum of seventy two (72) weeks of successful supervision, although most participants will likely remain in the program for 48

49 longer than eighteen months. Also, further requirements stipulate that one year of sobriety is mandatory prior to graduation. INCENTIVES AND SANCTIONS General Overview Critical to the success of drug court participants are 1) prompt incentives that encourage and reward compliance and 2) prompt interventions that discourage and interrupt non compliance and failure. During weekly staffing meetings, the team will determine whether participants are in compliance or non compliance. With team input, the Judge will determine viable sanctions and rewards based upon all information available or obtained. Additionally, considerations pursuant to which incentives and interventions are appropriate, the nature and degree of the participant s compliance or non compliance, the status of the participant s recovery, the participant s history of compliance and what will most reasonably and effectively promote the participant s recovery and success in completing drug court requirements will be made. Upon acceptance into drug court, participants, by execution of a participation agreement, will waive any right to a hearing before the court to determine compliance or non compliance or appropriate incentives or interventions, except that, in the event the court determines that non compliance requires a sanction that includes incarceration, a participant may, upon being advised of such sanction, request a hearing before the court. Upon such a request, a hearing will be held, whenever practicable, at the time the request is made, and in any event within 48 hours of the request. If a request for hearing is made, the court may consider whether conditions for the participant s release pending hearing should be imposed. Policy It shall be the policy of the Clayton County Adult Felony Drug Court that a recommendation for the granting of an incentive is presented to a Drug Court participant who has demonstrated excellent progress toward recovery through motivation, participation or attitude and is in full compliance with all supervision requirements for the duration of each phase period. The incentive will be awarded by the Judge during weekly hearings in order to encourage, recognize and reward the specific achievement(s). Any 49

50 participant who earns the excellent rating from the treatment provider on the court progress reports in at least one of the following categories: attitude, participation or motivation may be eligible for incentive recommendation. Other participants who may be eligible to receive the reward are those who are advancing to the next phase of the program. Supervision Officers and Treatment Counselors shall discuss a participant s eligibility during the weekly staffing meetings and make recommendations to the Team at the pre hearing conferences. Procedure 1. The Drug Court Supervision Officer/Treatment Provider Representative will identify participant(s) deserving of an incentive to the Drug Court Coordinator, Drug Court Judge and other Team Members. 2. Upon acceptance of the recommendation, the incentive shall be noted on the progress report for later referencing. 3. During the Hearing, the Drug Court Judge will formally and individually recognize each participant who is to receive the award and document the Court record. Incentives and Sanctions The reward system is intrinsic to the Court operation as incentives are immediate acknowledgement that goals are being accomplished. Whenever the opportunity arises, the Court will seek to support treatment through positive reinforcement. Some methods are built into the process and are not event driven, (e.g., in court acknowledgment, early calendaring, etc.). Other, more specific, "rewards" are given less frequently when a participant has reached a treatment milestone. Those goals include meeting treatment requirements, providing additional support to new participants, repeated compliance, and exceeding treatment plan goals. The drug court will utilize a continuum of incentives, tailored to appropriately recognize and encourage each participant s accomplishments and successes, ranging from courtroom appraising to tangible rewards (e.g. gift certificates, event passes) to the ultimate reward of graduation from drug court and suspension of the balance of the participant s remaining sentence. Rewards can be recommended by treatment staff and are granted at the Judge's discretion for particular accomplishments in treatment. 50

51 Generally, incentives are granted on an as earned basis, however, it is routine for program certificates to be granted to clients for achieving sobriety time in the following day intervals: 30, 60, 90, 180, and 1 year. If the participant complies with the program, achieves program goals and exhibits drug free behavior, he/she will be rewarded and encouraged by the court through a series of incentives. Participants will be able to accrue up to 50 points to become eligible to receive a reward. After accruing 50 points, the participant will start over in point accrual until he/she reaches 50 points again. The points are awarded as follows: Achievement 51 Points Awarded Completion of 12 Step Program 3 All required AA/NA Meetings Attended 1 AA/NA Sheet turned in on time 1 Attended all required treatment activities at the program 1 Phase Advancement 5 3 Month Chip 2 6 Month Chip 4 9 Month Chip 6 1 year Chip 8 Obtained a job (part time) 3 Obtained a job (full time) 5 Graduated from Vocational Training 5 Obtained a GED 5 Graduated from Junior College 5 Obtained a Driver s License 4 Obtained Safe Housing (Renting) 4 Obtained Safe Housing (Buying) 5 Taking Care of Health Needs 3 Promotion/raise at work 3 Parenting Certificate 2 Sanctions The more severe noncompliant behaviors receive the more severe responses. There is an absolute accountability for new drug charges and for missed urine tests, which may result in jail time or termination from the program depending on the circumstances of the offense. The first missed test merits jail time for a minimum of 24 hours. The only acceptable excuse is a verified accident or severe illness requiring contact with a doctor. When sanctioning, the Judge considers the number of previous non compliances, the participant s current phase level, and the participant s attitude and ownership of the

52 behavior. The drug court will utilize the following continuum of interventions, ranging from the least severe (e.g. admonitions in court) to the most severe (e.g. incarceration or termination), selected to specifically discourage and deter non compliance with drug court requirements and to aid and reinforce treatment and services necessary for recovery. Phase demotion entails the imposition of a client losing all sanction less time accumulated from the beginning of the Phase. For instance, if a client is sanctioned in his third month of Phase II, he will lose those three months of Phase II time and go back to the beginning of Phase II. He must begin again to accumulate the consecutive sanction less time required for advancement to Phase III. In certain instances, particularly when a participant has a new arrest or is absent for a period of time and returned on a warrant, the Court may require that participant to go back a phase. For example, if a client is in Phase III and gets rearrested he may be placed at the beginning of Phase II. Interventions/ sanctions may include, but are not limited to: Admonishment during court sessions Remand with a written assignment Sequestration in the jury box during court sessions Increased supervision and court appearances Increased attendance at self help meetings Writing, reading or other study assignments Increased home visits Increased testing Increased or modified treatment and/or services Extension of current phase Demotion to an earlier phase No contact orders Curfew Loss of part or all of clean and sober time Community service Work crew Electronic monitoring House arrest Work Release Program 52

53 Incarceration Expulsion Participant behavior that may warrant sanctioning may include, but not be limited to, the following: Tardiness to a court session Un excused absence at treatment Failure to provide proof in court of attendance at NA/AA meetings Failure to report to or contact surveillance officers as directed Leaving the State of Georgia without permission of the Drug Court Judge Failure to provide a urine sample when requested Providing an adulterated or substituted urine sample Providing a urine sample that tests positive for Drug use A positive urine test requires immediate response, but the nature of that response should be based upon that individual s situation. Factors which should be considered in determining responses are: Was the relapse self reported? Did the participant attempt to mislead the urine test? How long has the participant been in the program? Is this a first or a single relapse? Has the participant resumed substance abuse at a pre Drug Court level? What are the results of a post relapse clinical reevaluation of the participant? The determination of whether a specific sanction should be delivered for a particular infraction should be left to the discretion of the Drug Court Judge in consultation with the Drug Court Team. Writing Assignments my entail: An essay about participant s relapse and things that may be done differently. A list of why participant wants to stay clean and sober. A list of temptations (people, objects, and locations) and potential replacements. A list of stressors and what may be done to reduce them. In establishing a system of graduated sanctions, the Drug Court team should consider the following important issues that relate to sanctioning in a Drug Court environment: 53

54 1. To be effective a sanction should be a part of an overall behavior modification plan developed by the Drug Court team. 2. Punishment is not always received as the team intends. How a sanction is received will be partly dependent upon the participant s life history. For example, incarceration may not be a deterrent to a habitual offender. 3. A sanction should be immediate. The impact of a sanction is strongest when it is delivered immediately after the infraction. 4. A sanction should be imposed for each infraction. Inconsistency in administering consequences for a participant s negative behavior invites that participant to continue to be irresponsible for their behavior. 5. An exception to sanctioning a participant needs to be carefully thought out by the team and full explained to all participants. 6. Non compliant behavior needs to be reliably detected because it strengthens the credibility of the Drug Court team. 7. It is critical to provide a participant explicit behavior instruction so that they have the opportunity to respond as desired. An unpredictable or uncontrolled sanction can lead to learned helplessness. 8. Drug Court should emphasize an absolute truth aspiration. It is important to clarify that dishonesty is sanctioned; not necessarily the infraction itself about which the participant fabricated. 9. When the team decides to impose a sanction for a behavioral infraction, they should also consider imposing a concurrent treatment related response. 10. A participant needs to see the difference between a punishment in the form of a sanction and a treatment intervention. PROGRAM EXPULSION Termination Procedure A violation Drug Court rules and procedures will be documented by the Drug Court Coordinator as reported by the Drug Court Judge, Treatment Providers, Law Enforcement, or other parties, such as the participant s family members. Only after the Drug Court Team has determined that all treatment options have been exhausted and the participant is no 54

55 longer working toward recovery will termination from the program be executed. Upon documentation, the participant will be formally notified and returned to the Court for criminal processing. Participant requests to withdraw from the Drug Court program must be made formally during a regularly scheduled court setting. The Drug Court Judge may either grant the request immediately or reserve adjudication until a future date, which will be determined based upon the totality of circumstances involving the particular matter. Only upon the Judge s official order is a participant released from the Drug Court program. Until that time, all scheduled appearances and treatment sessions must be satisfied or face sequential sanctioning. Early termination without judicial approval is not an option. DRUG COURT DATA COLLECTION AND PROGRAM REPORTING Data Collection Tools Screening assessment instruments that are utilized by the Treatment Provider are inclusive of the Addiction Severity Index (ASI), CAGE (Cutback, Agitated, Guilty Eye Opener), and the Mental Illness Screening Form (MISF). In addition to group progress es and outsourced service providers, information pertaining to individual program participants is continuously maintained and referred to in customizing treatment programs. These Matrix Model concepts are further examined by the Program Evaluator in assessing the program for effectiveness. Upon reporting to the Drug Court Coordinator, the Evaluator and Treatment Provider s information is retained in the case management system. Evaluation Plan Purposes of Research Research priorities: Assessing the structural design of drug court programs Evaluating the effectiveness of different treatment modalities Assessing the appropriateness of services for target populations Evaluating the outcomes of drug court programs 55

56 Field research will: Answer whether the overall goals of the drug court program are being achieved Identify what program elements are effective for which population, and which elements need revision Determine whether the program is reaching its intended audience Assist drug court proponents in gaining long range support from policymakers, local/state officials, and the public Identify factors related to graduation rate Help validate the need to continue drug court programs to funding agencies Identify additional services needed by participants Evaluation Designs This section includes definitions, purposes and research questions suggested for the four evaluation models. Process Evaluations: Among the variables measured in process evaluations are: 1. Participant Characteristics: Participants who voluntarily withdrew, are currently in good standing, were terminated, or graduated Number of drug offenders screened for drug court eligibility Demographic characteristics (age, race, gender, employment, education, residential stability, and criminal/substance abuse/ treatment histories, etc.) of drug court participants (also graduates, drop outs, and those terminated) Primary drugs of choice Stages of change assessment Mental health assessment results (co occurring disorders, etc.) Drug testing results while in enrolled in program 2. Program Characteristics: Adult Felony Drug court program description Eligibility requirements, rules for termination, and graduation requirements Maximum capacity of program and total number of participants Progress stages and requirements at each stage 56

57 Average length of retention in the drug court program Vulnerable periods for participant drop out/expulsion Number of drug court hearings held per year Frequency of drug testing and court hearings Frequency and types of probation supervision Types and frequency of therapeutic/ ancillary services and rate of usage Types and frequency of applied sanctions and rewards Program resources/staff and unmet program needs Graduation rate Impact Evaluations: Client impact evaluations questions may be helpful in determining whether drug court is more effective in reducing recidivism and lessening drug use than are traditional court and criminal justice dispositions for drug offenders. Client Impact Studies What are the recidivism rates of drug court graduates? What are the recidivism rates of drug court dropouts and those expelled? Compare pre program, in program, and post program drug use frequency. How does addiction longevity and severity impact successful program completion? Which drugs of choice are better predictors of successful program outcome? How have other life circumstances (housing, education, salary, family unity) been affected by drug court services? What are 6 mos., 1 year, 2 years+ post program recovery findings? How many drug free babies have been born to drug court participants? Compare this with the health care costs for babies born to addicted mothers. What are the recidivism rates for a control group at six months after release from probation; twelve months after release from probation? two years after release from probation? How does the treatment program design (single treatment provider vs. multiple treatment providers; individual vs. group therapy, etc.) relate to successful program outcome? Which treatment approaches relate to increased sobriety? 57

58 How does level of treatment intensity relate to successful treatment outcome? How does NA/AA participation relate to successful program completion? What is the retention rate of participants in the drug court program? When are the critical periods of attrition from the drug court program? Who is most vulnerable to leaving (voluntarily or involuntarily) the drug court program? System Impact Studies: assess the impact of the program on court and probation systems. Has the court needed to hire additional personnel to accommodate the program? How have collaborations affected the timeliness and efficiency of processing and referring participants? Are treatment providers able and willing to accept participants on a timely basis? Are referral processes clearly defined (procedures and timetables)? What is the court s continuance policy? How is the drug court team functioning in these areas: (1) collaboration; and (2) timely processing from arrest to commencement of treatment? Qualitative Evaluations: examine program elements and staff/participant perceptions. What are anecdotal reports of success or failure of drug court participants? How do drug court staff and/or participants rate the program on: (1) team functioning; (2) adequacy of referral processes; (3) timely processing from arrest to commencement of treatment; and (4) adequacy of treatment, judicial monitoring, or probation supervision? What are the strongest and weakest aspects of the drug court s operation? How have participants changed regarding social/ family responsibility, job skills, etc.? How does availability of community resources impact drug court success? What are the primary models of substance abuse treatment (disease model, Cognitive restructuring that addresses criminal thinking, rational emotive therapy, didactic education, etc.)? What, if any, medications/ detoxification methods are used? How does the drug court benefit the community? 58

59 Are participants representative of larger communal drug abusing population? What percentage of the total number of drug related arrests does the program serve? How do treatment providers measure drug court participant progress (changes in drug use, self esteem changes, decreased lying, increased social bonding, increased pro social peer associations, decreased symptoms of secondary psychiatric illness such as depression, changes in criminal thinking patterns, recognition of drug use triggers, increased drug use resistance skills, more job/family/educational successes, lessened impulsive behaviors, responsible decision making, etc.)? What ancillary services are available and how frequently are services used? What social history elements are commonly found with substance abuse clients (parental addiction/criminality, abuse/neglect, learning disability, low self esteem, school failure, foster placement, unstable domicile, transient life style, etc.)? What therapeutic interventions contribute to sobriety (confrontation of denial, family support, cognitive restructuring, catharsis of repressed anger, grieving, AA/NA, etc.) What are the issues and concerns of a multidisciplinary drug court team? What elements of substance abuse treatment are designed for the criminal offender addict (criminal thinking patterns, attitude toward authority, lying, etc.)? What theoretical treatment models are most effective with drug offenders? Is the success of the treatment intervention mediated by the participant s stage of change? How do agencies treat co occurring disorders (substance abuse and mental illness)? What revisions need to be made in the drug court program? Cost Benefit Analyses: compare cost of drug court treatment and the costs of offenders successfully completing the program. 59

60 The number of crimes committed by successful graduates compared to the number of crimes committed by those who are dismissed, terminated, or revoked. The number of crimes committed by successful graduates compared to the number of crimes committed by addicts treated in an alternate manner, such as incarceration. The cost of treatment and probation of drug court per year, per participant? Compare the cost of treatment with health care costs of untreated addiction. What is the amount of court and treatment costs paid by drug court participants? How much child support was been paid by participants during enrollment? Compare this amount to a matched group of incarcerated offenders. What are associated costs of babies born addicted or affected by maternal drug use? Examining retention rates, hospitalizations, and repeated treatment, what are average costs of voluntary substance abuse treatment vs. mandated treatment? What are average savings in processing of drug court participants (prosecution, police testimony, public defender, pretrial detention, incarceration, etc.) 60

61 Management Information System A comprehensive drug court evaluation may determine the data elements needed to quantify each objective The following timetable will be used for evaluating the Clayton County Drug Court Program: Evaluation Type Process Evaluations Qualitative Evaluations Cost Benefit Analyses System Impact Evaluations Client Impact Evaluations Time Interval of Evaluation Type conducted monthly (at a minimum) conducted annually conducted each fiscal year conducted every three years conducted on a continuing basis 61

62 Goal I: To Reduce Substance Abuse Among Criminal Offenders Participant Objectives Key Components Addressed Expected Impact 100% will be assessed for chemical dependency within 3 business days of referral. 100% of referrals will be reviewed by the CDC Team. 85% will be referred to treatment in 5 business days of assessment. 100% will participate in treatment. 100% will receive random drug screens. 100% of graduates will be drug free for 12 months. #1: Integrated alcohol and other drug treatment services with case processing. #2: Non adversarial approach, to promote public safety while protecting due process rights. #3: Eligible participants identified early and promptly. #4: Provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services. #5: Abstinence is monitored by frequent alcohol and other drug testing. Potential participants and treatment needs are identified quickly. Participants acquire knowledge and skills for recovery. Establish supportive services and monitoring needed to encourage abstinence. Reduced alcohol and drug use in local community. 62

63 Goal II: Enhance Public Safety By Reducing Criminal Recidivism Participant Objectives Key Components Addressed Expected Impact 80% will not be rearrested while participating in the CDC. 75% will not be convicted of another offense one year after graduation. #6: Coordinated strategy governing compliance. #7: Ongoing judicial interaction. #8: Monitoring/evaluation of goal achievement and effectiveness. Increase public safety due to treatment of underlying reason(s) for criminal activity. Continued monitoring and evaluation of the CDC. 63

64 Goal III: Enhance Participant s Ability To Function In The Community Participant Objectives Key Components Addressed Expected Impact 95% will be employed or enrolled in school during and at the time of graduation from CDC. 100% will be referred to education, job training or vocational services. 100% will maintain stable housing. 100% will have a health assessment and comply with recommendations. 100% will engage in community activities (i.e. PTA, Neighborhood Watch). #6, #7, #8, and #10: Forging partnerships among drug courts, public agencies, and community based organizations generates local support and enhances drug court program effectiveness. Participant acquires skills and resources to be functional and contributing members of society. Decrease service and taxpayer costs associated with arrest, unemployment and healthcare. Goal IV: Strengthen Personal and Family Relationships Participant Objectives Key Components Addressed Expected Impact 100% will address child support arrearage. 100% of participants requiring parenting/ family training will engage in parenting/family classes. 90% of eligible graduates will report improved family and personal relationships. #7 and #8 Participant will accept accountability for personal growth and treatment. Participant will build positive family and social relationships. 64

65 Goal V: Ensure Continuous Quality Improvement for CDC Staff Objectives Key Components Addressed Expected Impact 100% of the committee representatives for the drug court team will receive Drug Court Planning Initiative Training 100% of the drug court team will receive and review the evaluation reports and recommendations for improvement of CDC. #9 Continuing interdisciplinary education promoting effective drug court planning, implementation and operation Drug court staff will be knowledgeable about national policies and procedures for drug court implementation Drug court staff will be informed about strategies and procedures to increase the quality implementation of CDC. 65

66 Goal VI: To Provide Timely Processing of Non Violent Substance Abusing Offenders Staff Objectives Key Components Addressed Expected Impact Measure time between arrest date and drug court screening Measure time between arrest date and court adjudication Measure time between arrest date and treatment referral Measure time between arrest date and treatment commencement Measure time between non compliance and sanction imposition Measure time between non compliance and sanction commencement Measure time between program enrollment and completion or termination Measure length of time in aftercare #8 Drug court staff will be informed about strategies and procedures to increase the quality implementation of CDC. 66

67 Confidentiality And Ethics Overview The participant s identity and privacy will be protected consistent with Federal Confidentiality Laws and Georgia Law. Drug Court s confidentiality requirement is designed to encourage substance abusers to obtain sobriety and remain in treatment. All issues surrounding confidentiality will factor in the application of HIPPA Guidelines as applicable to the Drug Court setting. Drug Courts can only function if certain confidential information is shared among the members of the Drug Court Team, and accordingly, information will be exchanged in a manner that is in compliance with all applicable laws. The restrictions on disclosure apply to any information that would identify the offender as an alcoholic or other drug abuser, either directly or by implication. It applies to offenders who are mandated into treatment as well as those who enter treatment voluntarily. It also applies to former clients or patients. The rule applies whether or not the person making an inquiry already has the information, has other ways of getting it, has some form of official status, is authorized by State law, or comes armed with a subpoena or search warrant. The goals of Drug Court and confidentiality laws are compatible; both seek to help substance abusers overcome their drug problems for the benefit of the abusers themselves as well society at large. Where Drug Court practices conflict with confidentiality laws, the laws are always controlling, so in order to avoid this conflict, participant consent is obtained as a condition of program enrollment. In response to this regulation, procedures have been developed in order to guard the participant s confidentiality. The participant will be asked to sign a waiver authorizing the transfer of information among all participating agencies. Valid consent from a participant allows the use of information in a manner that would otherwise violate Federal Regulations regarding confidentiality. Individuals referred to drug treatment programs by the criminal justice system do not have a right to revoke their consent until successful completion of the program. Participants must be informed that their consent is irrevocable but not permanent. This is the responsibility of the Public Defender. 67

68 Obtaining Consent Information that is protected by Federal confidentiality regulations may always be disclosed after the offender has signed a proper consent form. The regulations also permit disclosure without the offender s consent in several situations, including medical emergencies, program evaluations and communications among program staff. Offenders who refuse to sign consent forms permitting essential communications will be excluded from treatment. The practices described below are recommended in order to ensure that consents are voluntary and will withstand legal scrutiny after the participant signs them. First, the participant will have the opportunity to consult with the Public Defender prior to signing the form. Each participant will also be allowed to confer with their personal attorney, if applicable, as well. Second, whoever (the Public Defender or the individually retained counsel) presents the form should review it with the participant thoroughly, with particular attention to the possibility that the participant is illiterate or cannot read or comprehend the language in which the waiver is printed. If the participant cannot understand or read English, the person reviewing the form should be bilingual or be assisted by a certified court interpreter. Third, regulations require that the participant be advised, orally and in writing that federal law protects the confidentiality of treatment records. It is a legal infraction to violate this confidentiality requirement, which the participant may report to appropriate authorities. However, pursuant to this requirement, covered information may be released under a signed waiver. It is in this manner that Drug Court will obtain permission to receive and internally discuss a participant s confidential information. Nevertheless, participants should be informed that federal law does not protect information relating to crimes committed on the premises of the program, crimes against program personnel or the abuse or neglect of a child. Participants will be asked to re execute the consent at the beginning of each phase. The purpose of re execution is to allow participants to re affirm their consent after acquiring more information about what Drug Court participation entails. The re execution should occur as soon as the court is satisfied that the participant is not suffering from any effects of being under the influence of any substance or the withdrawals associated with drug use. 68

69 The written consent will include: The specific name of the person permitted to make the disclosure The general designation of the program obtaining the information The name or title of the individual or the name of the organization to which disclosure is to be made The name of the participant The purpose of the disclosure How much and what kind of information is to be disclosed The signature of the patient The date which the consent is signed. A statement that the consent is subject to revocation at any time except to the extent that the program or person which is to make the disclosure has already acted in reliance on it. Acting in reliance includes the provision of Treatment Providers in reliance on a valid consent to disclose information to employees. The date, event, or condition upon which the consent will expire if not revoked before. This date, event, or condition must insure that the consent will last no longer than reasonably necessary to serve the purpose for which it is given. As part of their participation in Drug Court, participants authorize the disclosure to the Court of information regarding their diagnosis, attendance, scope of treatment, treatment progress and quality of participation, dates and results of urine testing and termination or completion of treatment. In essence, they authorize the release of information relating to their compliance with court orders and the Drug Court program. Ethics and Confidentiality Drug Court transitions the roles of every member of the team from the traditional separation and independent function to a collaborative effort focused on the recovery of participants. Judges become part of a collaborative decision making team that includes treatment providers, court personnel, attorneys and other law enforcement agencies. The Prosecutor and the Public Defender coordinate their efforts in new ways to achieve a 69

70 participant s recovery from drug addiction, muting their traditional adversarial relationship. Typical courtroom decorum where lawyer advocates speak on behalf of their clients may give way to direct conversations between the judge and the participant. In this manner, defendants truly become participants and may actively engage in discussions on their progress, or lack of progress, with a broader range of actors in the criminal justice system. Also, substance abuse treatment professionals actively engage with the Court and other members of the team far earlier than is the case in more traditional referrals from the court for treatment and monitoring. These and other transitions in the professional roles of judges, lawyers, treatment professionals and other law enforcement agents are crucial to the drug court model. That transition from traditional roles however, requires that Drug Court be consciously aware of ethical and confidentiality considerations to ensure that those who enroll in the program are confident that each member of the Drug Court team maintains the highest standards of ethical conduct. As the program forges new models of collaboration and information exchange, the ethical standards of each profession involved in the process must be redefined. Properly understood, canons of ethics strengthen the drug court model by promoting each member of the team as a unique contributor to the recovery process. As in any other criminal case, each member of the drug court team has a specifically defined role. Although the roles of the judge, prosecutor, defense attorney, treatment personnel and other law enforcement agencies promote a unified interest in participant recovery and program success, they have not abandoned their roles as advocates for their respective disciplines. Rather, in the context of the drug court, that advocacy role broadens to reflect the benefit(s) that may accrue to the participant and the community in the event the participant successfully graduates from the program and recovers from drug dependence. Most often, the ethical issues related to Drug Court practices involve the non adversarial nature of the proceedings. It is important to note that non adversarial does not equate to non advocacy. Rather, each member of the team best represents his or her professional responsibilities by advocating a perspective that is consistent with their professional interests as members of a team who contribute equally, through the lens of their respective professions, to the outcome of recovery for every participant in the program. In the context of a drug court, the traditional concepts of the attorneys as courtroom opponents, or 70

71 opposing counsel, give way to a common commitment to the best interests of the participant toward ending his or her addictive behaviors. Similarly, although the drug court judge will have more intimate and direct involvement with program participants, their counsel, and the other members of the drug court team, the judge maintains his or her traditional role as an impartial, independent decision maker who is advised by other professionals on his or her options to foster compliance with the terms and conditions of the program, and to strengthen to each participants capacity to engage in the process and graduate from the program. Substance abuse treatment professionals, operating from a medical, rather than a legal, model, most often interact with probation and corrections officials through the process of reporting compliance with the conditions of enrollment, or other sanctions, imposed by the court. As members of a collaborative team, active discussions with the Drug Court Judge, attorneys, and other members of the drug court team and may have a more active role in guiding the treatment decisions at the front end of the treatment and referral process than is the case in more traditional courts. As a result, due diligence must be taken to ensure compliance with confidentiality requirements as the traditional insulation of treatment providers from the arena of the courtroom gives way to an active, advisory role to the Judge on treatment options that most closely meet the goal of recovery for each participant. To enhance awareness of the ethical standards and confidentiality requirements for every member of the team, and to be clear on the ethical dimensions involved, the Clayton County Adult Felony Drug Court will: Promote and foster the duties of professional competence and due diligence from every member of the team. Maintain, recognize, respect, and value and distinct roles of every member of the team. Foster a spirit of collaboration where every member of the team is expected to exercise professional judgment and render candid advice on how best to meet the treatment goals and expected outcomes for each participant in the program. Add value to the process by promoting authentic advocacy that is consistent with the professional responsibilities of each member of the drug court team. 71

72 Ensure that every member of the team is fully aware of the drug court model, how it operates, and be able to articulate its risks and benefits to program participants and to the community. Promote competency and knowledge on professional ethics and confidentiality and how they may be consistently applied in a Drug Court setting. Ensure that program participants are fully informed on the Drug Court process, that they give voluntary, informed consent to participate in the program, and that they are aware of the risks and benefits that are involved with their participation in the program. Require that participants sign appropriate waivers of confidentiality that demonstrate that the participant provides informed consent on the consequences of that waiver, that it is given voluntarily, and that he or she has had the opportunity to discuss the terms and conditions of that waiver with counsel. Provide on going education on the ethical and confidentiality dimensions of drug courts by directing members of the team to current research and writing that address the issues of ethics and confidentiality in drug courts. Hold information discussed during pretrial interviews, assessment, team staffing meetings, status hearings and treatment sessions in confidence. The Drug Court session is open to the public. Team staffing meetings however, are closed to the public. Occasionally, guests may be permitted to attend team meetings for training purposes or orientation to the Drug Court process. Guests will also be required to complete a confidentiality statement form. The completed and signed forms will be maintained in the Drug Court Coordinator s office for future reference. 72

73 X. Appendices Key Components of Drug Court Key Components of a Drug Court 1. Drug courts integrate alcohol and drug treatment services with justice system case processing. 2. Using a non adversarial approach, prosecution and defense counsel promote public safety while protecting participants due process rights. 3. Eligible participants are identified early and promptly placed in the drug court program. 4. Drug courts provide access to a continuum of alcohol, drug, and related treatment and rehabilitation services. 5. Abstinence is monitored by frequent alcohol and drug testing. 6. A coordinated strategy governs drug court responses to participants compliance. 7. Ongoing judicial interaction with each drug court participant is essential. 8. Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. 9. Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations. 10. Forging partnerships among drug courts, public agencies, and communitybased organizations generates local support and enhances drug court program effectiveness. 73

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