Drug Drug Court Court Creating a climate for Creating a climate - - PowerPoint PPT Presentation

BLUE EARTH COUNTY BLUE EARTH COUNTY

Drug Drug Court Court

Creating a climate for Creating a climate for rehabilitation, recovery rehabilitation, recovery and reducing crime and reducing crime

What is a Drug Court? What is a Drug Court?

• Specialized court for drug

Specialized court for drug-

• using offenders

using offenders

• Judicially led team approach

Judicially led team approach

• Comprehensive and intensive supervision

Comprehensive and intensive supervision

• Judge, probation, law enforcement, treatment

Judge, probation, law enforcement, treatment

• Frequent drug testing

Frequent drug testing

• Treatment services

Treatment services

• Immediate sanctions and incentives

Immediate sanctions and incentives

Court Types Court Types

• Adult

Adult

• Juvenile

Juvenile

• Family

Family

• Domestic Abuse

Domestic Abuse

• Truancy

Truancy

• Mental Health

Mental Health

• Community

Community

1,621 Drug Courts in 2004 1,621 Drug Courts in 2004

811 Adult Drug Courts 357 Juvenile Drug Courts 153 Family Dependency Treatment Courts 176 DWI Courts (90/86) 54 Tribal Healing to Wellness Courts 68 Reentry Drug Courts 1 Campus Drug Court 1 Federal Drug Court

Minnesota Drug Courts Minnesota Drug Courts

• 6 in January 2002

6 in January 2002

• nly 2 of which were drug courts.
• nly 2 of which were drug courts.
• 28 by December 2006

28 by December 2006

• 19 Drug Courts (12 Adult, 4

19 Drug Courts (12 Adult, 4 Juv Juv., 1 DWI, 2 ., 1 DWI, 2 Fam Fam.) .)

• 2 Mental Health Courts

2 Mental Health Courts

• 1 Truancy Court (Blue Earth County)

1 Truancy Court (Blue Earth County)

• 2 Community Courts

2 Community Courts

• 4 Teen Courts

4 Teen Courts

Why Have Drug Courts? Why Have Drug Courts?

Punishment Punishment

• r
• r

Rehabilitation Rehabilitation ????? ?????

What if we JUST refer them to What if we JUST refer them to TREATMENT? TREATMENT?

• 50% to 67% don

50% to 67% don’ ’t show for intake t show for intake

• 40% to 80% drop out in 3 months

40% to 80% drop out in 3 months

• 90% drop out in 12 months

90% drop out in 12 months Outcomes Outcomes

• 40% to 60% of clients abstinent at 1 year

40% to 60% of clients abstinent at 1 year

Treatment Research Institute, 2003 Treatment Research Institute, 2003

What if we JUST put them in What if we JUST put them in PRISON? PRISON?

Treatment is Voluntary Treatment is Voluntary

29.9% rearrested within six months 29.9% rearrested within six months 68% rearrested within three years. 68% rearrested within three years.

(Bureau of Justice Statistics, 2002) 1998/15 states (Bureau of Justice Statistics, 2002) 1998/15 states

95% relapse within three 95% relapse within three years years.

. (Treatment Research Institute, 2002)

(Treatment Research Institute, 2002)

10 Key Components of the Drug 10 Key Components of the Drug Court Philosophy Court Philosophy

• Key component #1.

Key component #1.

• Drug courts integrate alcohol and other drug

Drug courts integrate alcohol and other drug treatment services with justice system case treatment services with justice system case processing. processing.

• Key component #2.

Key component #2.

• Using a non

Using a non-

• adversarial approach, prosecution and

adversarial approach, prosecution and defense counsel promote public safety while defense counsel promote public safety while protecting participants' due process rights. protecting participants' due process rights.

10 Key Components 10 Key Components

• Key component #3

Key component #3

• Eligible participants are identified early and

Eligible participants are identified early and promptly placed in the drug court program. promptly placed in the drug court program.

• Key component #4

Key component #4

• Drug courts provide access to a continuum of

Drug courts provide access to a continuum of alcohol, drug, and other related treatment and alcohol, drug, and other related treatment and rehabilitation services. rehabilitation services.

10 Key Components 10 Key Components

• Key component #5

Key component #5

• Frequent alcohol and other drug testing

Frequent alcohol and other drug testing monitor abstinence. monitor abstinence.

• Key component #6

Key component #6

• A coordinated strategy governs drug court

A coordinated strategy governs drug court responses to participants' compliance. responses to participants' compliance.

10 Key Components 10 Key Components

• Key component #7

Key component #7

• Ongoing judicial interaction with each drug

Ongoing judicial interaction with each drug court participant is essential. court participant is essential.

• Key component #8

Key component #8

• Monitoring and evaluation measure the

Monitoring and evaluation measure the achievement of program goals and gauge achievement of program goals and gauge effectiveness. effectiveness.

10 Key Components 10 Key Components

• Key component #9

Key component #9

• Continuing interdisciplinary education

Continuing interdisciplinary education promotes effective drug court planning, promotes effective drug court planning, implementation, and operations. implementation, and operations.

• Key component #10

Key component #10

• Forging partnerships among drug courts,

Forging partnerships among drug courts, public agencies, and community public agencies, and community-

• based

based

• rganizations generates local support and
• rganizations generates local support and

enhances drug court program effectiveness. enhances drug court program effectiveness.

Treatment Research Findings Treatment Research Findings

• The length of time a patient spent in

The length of time a patient spent in treatment was a reliable predictor of his or treatment was a reliable predictor of his or her post treatment performance her post treatment performance.

.

Beyond a ninety Beyond a ninety-

• day threshold, treatment outcomes improved in a

day threshold, treatment outcomes improved in a direct relationship to the length of time spent in treatment, wi direct relationship to the length of time spent in treatment, with one th one year generally found to be the minimum effective duration of year generally found to be the minimum effective duration of treatment. treatment.

• Coerced patients tended to stay longer

Coerced patients tended to stay longer.

.

This was in light of the finding that most of the legally coerce This was in light of the finding that most of the legally coerced d addicts had more crime and gang involvement, more drug use, and addicts had more crime and gang involvement, more drug use, and worse employment records than their non worse employment records than their non-

• coerced counterparts.

coerced counterparts.

Drug Court Research Findings Drug Court Research Findings

“ “For every dollar spent on drug court in

For every dollar spent on drug court in Multnomah County, Oregon, ten dollars Multnomah County, Oregon, ten dollars were saved. were saved.” ”

Finigan Finigan, , 1998 1998

“ “A total savings to the local taxpayer over a A total savings to the local taxpayer over a thirty thirty-

• month period was $5,071.57 or a

month period was $5,071.57 or a savings of $1,521,471 per year. savings of $1,521,471 per year.” ”

Carey & Carey & Finigan Finigan, 2003 , 2003

Statewide Research Findings Statewide Research Findings

Based on the Center for Court I nnovation’s study of New York drug courts, the State Court System estimates that $254 million in incarceration costs were saved by diverting 18,000 non-violent drug offenders

Drug Court Research Findings Drug Court Research Findings

“ “The body of literature on recidivism is The body of literature on recidivism is now strong enough to conclude that now strong enough to conclude that completing a drug court program reduces completing a drug court program reduces the likelihood of further involvement in the likelihood of further involvement in the the criminal justice system. criminal justice system.” ”

Vera: Vera: Fluellen

Fluellen & & Trone Trone, 2000 , 2000

Blue Earth County Blue Earth County Drug Court Team Drug Court Team

• Judge, Court Reporter, Prosecutor,

Judge, Court Reporter, Prosecutor, Defense, Probation, Treatment, Law Defense, Probation, Treatment, Law Enforcement, Coordinator Enforcement, Coordinator

• Conducts weekly pre

Conducts weekly pre-

• court staffings

court staffings – – Monday Monday’ ’s at noon (or Tuesday, when a s at noon (or Tuesday, when a holiday falls on Monday holiday falls on Monday

• Considers new referrals to Drug Court

Considers new referrals to Drug Court

• Weekly updates on Drug Court participants

Weekly updates on Drug Court participants

Eligibility Eligibility

• Adult non

Adult non-

• violent

violent

• ffenders
• ffenders
• Controlled

Controlled-

• substance crimes

substance crimes and felony DWI and felony DWI crimes crimes

• Probation Violators

Probation Violators whose primary whose primary problem is AOD problem is AOD

Eligibility Eligibility

Offense eligibility includes: Offense eligibility includes:

• Felony controlled

Felony controlled-

• substance crime in the 3rd,

substance crime in the 3rd, 4th or 5th degree 4th or 5th degree

• Felony controlled

Felony controlled-

• substance crime in the 1st or

substance crime in the 1st or 2nd degree at the sole discretion of the county 2nd degree at the sole discretion of the county attorney attorney

• Felony DWI offense

Felony DWI offense-

• presumptive commit

presumptive commit

• Probation Violation

Probation Violation

• At the Drug Court judge

At the Drug Court judge’ ’s discretion s discretion

Eligibility Eligibility

Personal eligibility: Personal eligibility:

• Age 18 or older,

Age 18 or older,

• U.S. citizen or qualified

U.S. citizen or qualified alien, alien,

• Is determined to be in

Is determined to be in need of chemical need of chemical dependency treatment; dependency treatment; and and

• Willingness to comply

Willingness to comply with the Drug Court with the Drug Court requirements. requirements.

Entry Procedures Entry Procedures

• I n custody:

I n custody:

• Arrestee taken to

Arrestee taken to jail or jail or detox detox

• Arraignment within

Arraignment within 36 hours 36 hours

• Bail evaluation

Bail evaluation completed completed

Arraignment Hearing Arraignment Hearing

• If the defendant is initially

If the defendant is initially eligible, the Court may eligible, the Court may

• rder:
• rder:
• One

One-

• week continuance

week continuance

• Chemical use assessment

Chemical use assessment

• Conditional release

Conditional release supervision to the Drug supervision to the Drug Court Probation Agent Court Probation Agent

• Random drug testing

Random drug testing

• Report to the next Drug

Report to the next Drug Court session Court session

2 2nd

nd Appearance

Appearance

• A guilty plea may be

A guilty plea may be entered entered

• Drug Court documents

Drug Court documents are signed are signed

• Sentencing Guidelines

Sentencing Guidelines worksheet worksheet

Program Length Program Length

• Up to 18 months

Up to 18 months – – regular probation regular probation supervision may continue depending upon supervision may continue depending upon individual circumstances individual circumstances

• Treatment & Review Hearings

Treatment & Review Hearings

• Frequency & length based upon individual

Frequency & length based upon individual need. need.

Treatment & Review Hearings Treatment & Review Hearings

• Phase I : Assessment & Orientation

Phase I : Assessment & Orientation

• Approximately 2 weeks (or after

Approximately 2 weeks (or after detox detox

• r inpatient treatment)
• r inpatient treatment)
• Stabilization and evaluation

Stabilization and evaluation

• Up to 4 sessions of motivational enhancement

Up to 4 sessions of motivational enhancement therapy therapy

• Random drug testing

Random drug testing-

• at least 3x per week

at least 3x per week

• Weekly drug court hearings

Weekly drug court hearings

• 3 support meetings per week

3 support meetings per week

Treatment & Review Hearings Treatment & Review Hearings

• Phase I I : Recovery & Responsibility to Self

Phase I I : Recovery & Responsibility to Self

• 4

4-

• 6 Months

6 Months

• Weekly Drug Court Attendance

Weekly Drug Court Attendance

• Required to attend treatment 3x per week

Required to attend treatment 3x per week

• 1 counseling session/week

1 counseling session/week

• Random drug testing

Random drug testing-

• at least 3x per week

at least 3x per week

• 3 support meetings per week (such as AA,

3 support meetings per week (such as AA, NA, SMART Recovery) NA, SMART Recovery)

Treatment & Review Hearings Treatment & Review Hearings

• Phase I I I : Maintenance of Recovery &

Phase I I I : Maintenance of Recovery & Responsibility to Self and Others Responsibility to Self and Others

• 3

3-

• 6 Months

6 Months

• Drug Court attendance every other week

Drug Court attendance every other week

• Random drug testing

Random drug testing-

• at least 1x per week

at least 1x per week

• 1 counseling session per month

1 counseling session per month

• 2 group sessions per week

2 group sessions per week

• 3 support meetings per week

3 support meetings per week

Treatment & Review Hearings Treatment & Review Hearings

• Phase I V: Reinforce a clean, sober lifestyle

Phase I V: Reinforce a clean, sober lifestyle

• 4

4-

• 6 Months

6 Months

• Monthly Drug Court Attendance

Monthly Drug Court Attendance

• Up to 1 group session per week

Up to 1 group session per week

• At least 3 support meetings per week

At least 3 support meetings per week

• 1 individual counseling session per month

1 individual counseling session per month

• Random drug testing

Random drug testing

Treatment Location Treatment Location

• Nichols Office Building

Nichols Office Building – – 3 3rd

rd Floor

Floor

• Cindy Binder, Treatment Counselor

Cindy Binder, Treatment Counselor

• Treatment Provider Office

Treatment Provider Office– – 3rd Floor 3rd Floor

• Phone: 507

Phone: 507-

• 304

304-

• 4591

4591

• Assist with random drug testing

Assist with random drug testing

Community Supervision Community Supervision

• Kevin Mettler, Drug Court Probation Agent

Kevin Mettler, Drug Court Probation Agent

• May supervise up to 30 participants

May supervise up to 30 participants

• Mankato and North Mankato Police Dept.

Mankato and North Mankato Police Dept. & Blue Earth County Sheriff & Blue Earth County Sheriff’ ’s Dept. s Dept.

• Will conduct random checks of drug court

Will conduct random checks of drug court participants at their homes participants at their homes– – oftentimes called

• ftentimes called

“ “Knock and Chats Knock and Chats” ”

Sanctions & I ncentives Sanctions & I ncentives

• Behaviors

Behaviors -

• both positive and

both positive and negative will be acknowledged by the negative will be acknowledged by the Court Court

• I ncentives to continue positive

I ncentives to continue positive behaviors may include: behaviors may include:

Sanctions & I ncentives Sanctions & I ncentives

• Less Restrictive Curfews

Less Restrictive Curfews

• Decreased Office Visits or Court review

Decreased Office Visits or Court review hearings hearings

• Reduction in Fines, program fees, and/or CSW

Reduction in Fines, program fees, and/or CSW hours hours

• Receipt of Certificates and Area Business

Receipt of Certificates and Area Business Coupons Coupons

• Movement to traditional probation

Movement to traditional probation

Sanctions & I ncentives Sanctions & I ncentives

Sanctions for failing to abide by the Drug Sanctions for failing to abide by the Drug Court requirements may include: Court requirements may include:

• Re

Re-

• set in current Phase or return to prior Phase

set in current Phase or return to prior Phase

• Community Service Work

Community Service Work

• Increase in relapse or aftercare treatment

Increase in relapse or aftercare treatment

• Electronic House Arrest or home monitoring

Electronic House Arrest or home monitoring

• Termination from Drug Court/execution of

Termination from Drug Court/execution of sentence sentence

Other Program Requirements Other Program Requirements

• Structured activity for at

Structured activity for at least 40 hours/ week least 40 hours/ week

• Disassociation with people

Disassociation with people who use or possess drugs who use or possess drugs and/ or alcohol and/ or alcohol

• Disassociation with

Disassociation with businesses whose primary businesses whose primary income source is alcohol income source is alcohol

Other Program Requirements Other Program Requirements

• Random Drug Testing

Random Drug Testing

• Participants must call the drug testing

Participants must call the drug testing phone line on a daily basis before 12:00 phone line on a daily basis before 12:00 noon. noon.

• A recorded message will tell them if

A recorded message will tell them if they are required to report for drug they are required to report for drug testing that day. testing that day.

• SCRAM, SleepTime

SCRAM, SleepTime

Termination Criteria Termination Criteria

• Violate program requirements over

Violate program requirements over an extended period of time an extended period of time

• Abscond on warrant status for 90 or

Abscond on warrant status for 90 or more days more days

• Violate the law while in the program

Violate the law while in the program

Participant Fees Participant Fees

• $360 program fee ($20/month)

$360 program fee ($20/month)

• may be reduced based if sufficient progress is

may be reduced based if sufficient progress is being made being made

• Treatment costs

Treatment costs

• Electronic home monitoring

Electronic home monitoring

• Educational programs

Educational programs

• Disputed urinalysis results

Disputed urinalysis results

Commencement Criteria Commencement Criteria

• Treatment Completion

Treatment Completion

• Consistent negative or

Consistent negative or clean drug tests clean drug tests

• GED or high school

GED or high school diploma diploma

• Community service

Community service

• Fulltime employment

Fulltime employment

• r fulltime student
• r fulltime student
• Traditional Probation

Traditional Probation

Evaluation Evaluation

• Independent Evaluation Contract

Independent Evaluation Contract

Buffalo System Database Buffalo System Database

• First Year Results (17 participants)

First Year Results (17 participants)

• Average 26 years old

Average 26 years old

• Actively using 13 years

Actively using 13 years

• Collectively arrested 99 times, Jailed 87 times

Collectively arrested 99 times, Jailed 87 times

• Meth

Meth – – drug of choice for 12 participants drug of choice for 12 participants

• 28/1425 drug tests

28/1425 drug tests

Cost/Benefit Cost/Benefit N= 17 N= 17

• 1450 jail days saved ($87,000)

1450 jail days saved ($87,000)

• 710 months prison ($2,070,833)

710 months prison ($2,070,833)

• 9 of 12 gained employment

9 of 12 gained employment

• 5 earned/pursuing GED (12 had at entry)

5 earned/pursuing GED (12 had at entry)

• 2 enrolled in college

2 enrolled in college

Funding Funding

• Funding for the BEC Drug Court is

Funding for the BEC Drug Court is provided by: provided by:

• Blue Earth County

Blue Earth County

• MN Department of Public Safety

MN Department of Public Safety

• Federal Bureau of Justice Assistance

Federal Bureau of Justice Assistance

Supreme Court Task Force Supreme Court Task Force

• Broad and fundamental shift in

Broad and fundamental shift in judicial branch dealings with AOD judicial branch dealings with AOD addicted offenders, including greater addicted offenders, including greater collaboration among participants and collaboration among participants and creation of comprehensive, multi creation of comprehensive, multi-

• phased plan to institute changes.

phased plan to institute changes.

• No Minority Report

No Minority Report

Supreme Court Task Force Supreme Court Task Force

FY 07 REQUEST: $750,000 FY 07 REQUEST: $750,000

• Provide resources for state and local

Provide resources for state and local efforts through multi efforts through multi-

• phased approach:

phased approach:

• Training for local and regional teams

Training for local and regional teams

• Study existing funding streams

Study existing funding streams

• Multi

Multi-

• County Pilot Problem Solving Courts

County Pilot Problem Solving Courts

• Fill critical gaps in available services

Fill critical gaps in available services