monongalia county drug court policy and procedure manual

MONONGALIA COUNTY
DRUG COURT
POLICY AND PROCEDURE
MANUAL
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MONONGALIA COUNTY
DRUG COURT
POLICY AND PROCEDURE
MANUAL
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STEERING COMMITTEE
The purpose of the Drug Court Steering Committee is to serve as a formal group whose
goal is to improve interagency partnerships and work together to develop and support the
Drug Court program. The members will be representatives who are interested and able to
shape local policies regarding drug-abusing offenders. This ongoing committee should
assess all services which are critical to continued success of the Drug Court program,
including but not limited to: availability, accessibility, and quality of treatment facilities,
supervision resources, public transportation, and education and employment services. The
steering committee will consist of planning team members listed below.
PLANNING TEAM
The Monongalia County Drug .Court Planning Team consists of both Circuit Court
Judges, Judge Russell Clawges and Judge Robert Stone; Perri Jo DeChristopher,
Prosecuting Attorney; Bader Giggenbach, defense counsel; Frank Wolfe and Carlton
Thompson, Probation Officers; Leisa Hubbard, Day Report Center Director; Brett
Watson, law enforcement representative; Nancy Deming, representative from Valley
HealthCare System; and Asel Kennedy, evaluator from the County Commission.
The team leader of the Drug Court program is Judge Clawges. The Drug Court
Coordinator (DCC) will manage the cases for the Court and provide updated information
on substance abuse treatment status. The defense counsel and prosecutor will take nonadversarial roles on the team yet preserve the rights of clients and state. Weekly team
meetings and bi-monthly meetings with the state Project Director will ensure effective
communication and coordination.
MISSION STATEMENT
The purpose of the Monongalia County Drug Court is to provide increased levels of
supervision and treatment to program members who are addicted to alcohol or drugs, by
focusing on treatment and incentives as opposed to punishment and sanctions. The
program will provide alternatives to incarceration thereby creating a public savings,
increasing public safety, and promoting family stability.
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GOALS AND OBJECTIVES
GOAL #1: To reduce substance use among offenders by developing and implementing a
Drug Court program that provides services to meet specific needs of eligible participants.
OBJECTIVE #1: Develop an individualized treatment plan for each participant to
address their specific needs, and provide some level of drug/alcohol treatment to all
participants. Participants recommended for graduation from Drug Court must be clean
and sober for at least six months prior to graduation, and 65% of eligible participants will
complete the program successfully.
PERFORMANCE MEASURES: Percent of participants who reduce and eliminate
substance use in addition to the percent of participants who successfully graduate as well
as those who are terminated; Substance use will be monitored through drug/alcohol
testing, self-report, and collateral information gathered by staff.
GOAL #2: To promote public safety by reducing criminal activity in the community.
Providing supervision and treatment services to Drug Court participants in lieu of
incarceration will help to reduce recidivism among the offenders in the program.
OBJECTIVE #1: Reduce recidivism among Drug Court participants by avoiding new
criminal charges for at least 65% of participants after completion of Phase I and at least
75% of participants up to one year after graduation from the program.
PERFORMANCE MEASURES: Percent of participants who re-offend while
participating in Drug Court as well as percent of participants who re-offend up to one
year after graduating from the program, determined by arrest records obtained during and
after participation in the program.
STRUCTURE/MODEL
After an individual is charged with a felony offense, they can be considered for
participation in the Drug Court program. Successful participants will remain in the
program for a minimum of 12 months and up to the maximum allowed sentence time
period for the given offense.
A case will enter the program by Court acceptance subsequent to a positive assessment
for substance abuse and court review that indicates an offender meets the legal criteria for
program eligibility. Once an offender is considered eligible, they will appear in Drug
Court for formal acceptance into the program and treatment planning will begin. If the
offender successfully completes the individualized treatment plan and graduates from the
program, the case will be resolved by all parties involved.
Assessment will take place no more than five business days from the date of referral.
The substance abuse assessment will consist of(l) ASI, (2) MAST, (3) DAST, (4)
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LS/CMI from Day Report Center, and (5) urine drug testing. Professional assessment
services will be utilized to diagnose, determine recommended level of care placements,
and assess symptoms of tolerance, withdrawal, risk factors and predictors of success.
The results of the assessment will be shared with the Court and used by the treatment
team to formulate an individualized treatment plan for the offender, which includes
selecting the most appropriate treatment services.
TARGET POPULATION
The target population is adults living in the Morgantown area charged with felony
offenses in Monongalia County as well as adult offenders who have violated the terms
and conditions of probation by abusing drugs. The individuals should be considered
offenders who likely would not have offended if not for their substance use. The target
population includes males and females of all races who are willing to participate in the
program and comply with all rules and regulations. The individuals must have an
identifiable substance abuse problem, and they will most likely have other needs such as
housing, education, employment, etc.
ELIGIBILITY CRITERIA
1. Adult ( 18 years of age or older) with a felony offense
2. Resident of the Morgantown area whose offense(s) occurred in Monongalia
County
3. An identifiable substance abuse problem, as determined through the screening and
assessment process
4. No more than three prior felony convictions and/or juvenile adjudications
DISQUALIFICATION CRITERIA
1. Violent offenses, sexual offenses, or offenses that involved the use of a dangerous
weapon
2. Previous convictions for violent felony offenses or sexual offenses
3. Pending offenses in other jurisdictions (unless waived by the Drug Court team)
4. Refusing to cooperate with Drug Court procedures and/or refusing to abide by
program rules
5. Any condition that would prevent an offender from being able to actively
participate in the program
6. Use of Methadone or Buprenorphine outside of an approved clinical treatment
program
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ENTRY PROCESS
After plea negotiations have occurred, the prosecuting attorney will refer a potential
candidate for the Drug Court program to the Drug Court Coordinator (DCC). Thus, the
prosecuting attorney will conduct the initial screening to determine an offender's
eligibility. After the initial screening occurs, the potential candidate's case will be
reviewed by the Drug Court team for approval. Once an offender is approved for
participation in the Drug Court program, the DCC must schedule a substance abuse
assessment to occur within five business days. After the assessment is completed, the
offender will appear before the Drug Court Circuit Judge for formal acceptance into the
program.
As the number of cases accepted into the program will have to be capped based upon
treatment availability and case management maximums, participants will be accepted on
a first come, first serve basis without reference to race, age, or gender. It is expected that
this random referral method will ensure diversity reflective of the community arrestee
population. Program monitoring data will identify if the target population is being
served.
PHASES: TERMINATION CRITERIA/GRADUATION CRITERIA
A multi phase treatment process will be used for Drug Court. Participants will sign a
contract for each phase that will outline the requirements of the phase as well as the
criteria for advancement to the next phase. The program will be divided into three phases:
(Levell) the stabilization phase, (Level2) intensive treatment phase, and (Level 3) the
reintegration phase. The minimum length for each phase is 120 days. To move from one
level to the next, the offender must complete all requirements of the preceding phase.
Frequency of treatment services will depend on individual need, but generally the most
intensive treatment will occur subsequent to stabilization and then decrease gradually as
the individual progresses through the program. Judicial supervision will occur most
intensely at entry into the program, with less judicial appearances and supervision
occurring as rewards for success as the program progresses.
LEVEL 1
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All participants will begin the Drug Court program in Level 1. Participants will begin
treatment services once an appropriate treatment plan is developed. Services will include
detoxification (if necessary), initial treatment assessment, education, and screening for
other needs. A vocational/educational plan will be developed for each participant during
this phase as well. Participants will appear in Court weekly and will have supervision
contact 3-5 times a week, which will include drug testing. Participants will be expected to
attend all scheduled Court appearances and supervision appointments; however, some
absences may be excused by the Drug Court team.
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ADVANCEMENT CRITERIA
1.
2.
3.
4.
5.
Must have 60 consecutive days clean and sober
Must not have any new arrests
Must comply with all rules and regulations
Must not have any sanctions within 30 days of advancement
Must have a recommendation for advancement from treatment provider based on
how well a participant is engaging in treatment
6. Must submit a letter to the judge requesting advancement to the next phase
7. Must receive approval from the Drug Court team
LEVEL2
Drug Court participants will be required to continue following their individualized
treatment plans in Level 2. The treatment plans will be reviewed and changed as needed
during each phase to best address the needs of each participant. Implementation of
vocational/educational plans will occur during Level 2. Participants will be required to
appear in Court twice a month. They will also meet with the DCC at least twice a week,
when they will be subject to drug/alcohol testing. Participants will be expected to attend
all scheduled Court appearances and supervision appointments; however, some absences
may be excused by the Drug Court team.
ADVANCEMENT CRITERIA
1.
2.
3.
4.
5.
Must have 90 consecutive days clean and sober
Must not have any new arrests
Must not have any sanctions within 60 days of advancement
Must be complying with the vocational/educational plan
Must have a recommendation for advancement from treatment provider based on
how well a participant is engaging in treatment
6. Must submit a letter to the judge requesting advancement to the next phase
7. Must receive approval from the Drug Court team
LEVEL3
The reintegration phase will include establishment of employment (if not done in Level
2), social reintegration, and aftercare activities. Participants will be required to follow
their updated treatment plans as well as vocational/education plans. Level 3 will
primarily focus on relapse prevention and aftercare. Participants must appear in Court at
least once a month. They must also have supervision contact at least once a week, when
they will be subject to drug/alcohol testing. Graduation will require completion of the
three phases of the treatment plan. Participants suitable for graduation should have
progressed to a healthy, independent lifestyle, and they should be engaged in pro-social
activities. An aftercare plan must be completed by the Drug Court team for each client
prior to graduation. Aftercare plans are to include activities to assist individuals in
maintaining abstinence and support continued recovery.
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GRADUATION CRITERIA
1. Must have 180 consecutive days clean and sober
2. Must have court costs and fines paid to the satisfaction of the team and consistent
with ability to pay
3. Must have stable, suitable housing
4. Must have gainful, consistent employment or sufficient involvement in a
vocational or academic training program
5. Must have a completed aftercare plan
6. Must submit a letter to the judge requesting to graduate
7. Must receive approval from the Drug Court team
TERMINATION CRITERIA
The judge may terminate a participant from the program if any of the following occur:
(1) a participant is charged with an offense falling within the violent offender definition;
(2) graduated sanctions are exhausted; (3) a participant absconds; (4) a participant
expresses intent to no longer comply with program requirements. In general, participants
will be terminated from Drug Court if they are considered a risk to public safety or if they
threaten the integrity of the program.
INCENTIVES AND SANCTIONS
Incentives include praise from the judge, encouragement from treatment and program
staff, ceremonies in Court to recognize accomplishments with awards such as sobriety
tokens, gift certificates, certificates to recognize graduation to next program phase, less
frequent Court appearances, reduced supervision, reduced or waived fines, appointed
roles of leadership, and graduation from the program. Sanctions will be graduated and
include warnings and admonishments from the judge in open Court, demotion to an
earlier program phase, increased supervision, increased frequency of testing and Court
appearances, required attendance at Court hearings of other offenders, increased
treatment intensity, increased community service or work programs, imposed curfews,
home confinement, jail confinement with continued treatment, and termination from the
program. Sanctions will be applied at the discretion of the Court for behaviors such as
positive drug test results, missed treatment sessions, or other non-complhmce with the
treatment plan. Infractions will be communicated to the Court immediately, and the
offender must appear at the next scheduled Drug Court hearing date .
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TREATMENT PROTOCOL
The treatment interventions employed will be selected from programs that are available
in the community. The Drug Court will utilize multiple treatment providers, and selection
of the appropriate treatment program is individualized for each participant depending on
their unique needs.
Individualized treatment plans will be created for each participant by the Drug Court
team. The results of the substance abuse assessment and any subsequent urine analysis,
clinical testing, or performance measures, will be utilized in creating a comprehensive
treatment plan that addresses the needs of each offender. The plan is subject to constant
review and revision depending on the needs of the offender as they progress through the
program.
Comprehensive tracking of client progress, evaluations, treatment received, and outcome
evaluations, both during and after treatment, will assure the effectiveness and quality of
services. Participant evaluations of services both during and after treatment will also be
required. The Drug Court team will meet bi-monthly throughout the program's operation
for overall review of the program and will process with the state-level Project Director to
ensure high quality and satisfaction with treatment provision in the program.
Treatment services and programs to be utilized for Drug Court participants include
detoxification, residential treatment, long-term residential treatment, intensive outpatient
treatment, outpatient treatment, and support groups.
Detoxification involves medical treatment for physical withdrawal symptoms and
typically lasts 3-7 days. This treatment is available at Chestnut Ridge Hospital, the Valley
HealthCare Crisis Unit, the John D. Good Center, the Amity Center, the emergency
departments at Ruby Memorial Hospital and Monongalia General Hospital, and the North
Central Regional Jail.
The duration of short-term residential treatment is typically around 28 days. The John D.
Good Center, the Act Unit, the Amity Center, and the Addiction Treatment Center are
short-term, community based, licensed, residential programs available in West Virginia.
The Clarksburg Mission offers faith-based residential services as well. In Pennsylvania,
Greenbriar, Gateway, and White Deer Run treatment centers offer residential programs.
Long-term treatment programs are typically 3-6 months. Long term programs are
available at the Westbrook Genesis Program, the Renaissance Women and Children's
Program, New Beginnings (females only), Miracles Happen (males only), Futures
Program for Men, Legends for Men, Parcer Program for Men, Pine Haven, and the
Clarksburg Mission.
Transitional Living Facilities are recovery focused temporary housing arrangements that
are also available. They are operated independently and not licensed by the Bureau of
Health and Health Facilities. Some offer supportive services and many have
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arrangements with their local comprehensive behavioral health centers to offer concurrent
outpatient services. Transitional living facilities in West Virginia are Serenity Fellowship
Home (males only), Opportunity House, Rainbow House (males only), Mid-Ohio Valley
Fellowship Home, Kanawha Valley Fellowship Home (males only), Beckley Fellowship
Home (males only), Mercer County Fellowship Home (males only), and Rae of Hope
(females only).
Intensive Outpatient Programs (lOPs) provide treatment at a minimum of nine hours a
week typically for 6-12 weeks. Such programs involve individual and group sessions as
well as medication management if necessary, and they are available at Chestnut Ridge
Hospital and Valley HealthCare in Fairmont. Also, the Partial Hospitalization program at
Chestnut Ridge Hospital offers a more intensive level of treatment for chemical
dependency, and it is held four hours a day, five days a week.
Outpatient treatment is available at Chestnut Ridge Hospital, Valley HealthCare, the
Carruth Center at West Virginia University (for students enrolled at the university), as
well as through private providers in the community. Outpatient treatment typically
involves weekly or bi-weekly counseling sessions as well as medication management if
necessary.
There are Alcoholics Anonymous and Narcotics Anonymous meetings that occur daily in
the community. Some of the meetings are open and available for anyone to attend, and
some of the meetings are closed and only available to alcoholics and addicts who are in
recovery.
Programs at the Monongalia County Day Report Center will also be available to Drug
Court participants. The programs include: (1) parenting education (2) anger management
(3) substance abuse group counseling (4) life skills training (5) relapse education and
prevention.
As part of the reintegration phase of the program, an aftercare plan will be created for
each participant with the assistance of the Drug Court team. An important component of
the aftercare plan includes continued contact with a counselor and/or sponsor;
participation in ongoing peer-support groups; housing in a drug free environment; and a
plan of action for traumatic or high stress circumstances.
Support groups will be utilized by participants in most cases. An alumni association for
graduates of the Drug Court will be created as a peer-support group ultimately operated
by the alumni once sufficient graduates have gone through the program. The portion of
aftercare services that must be professionally administered will depend on individual
needs and resource availability. The aftercare plan will address indicators of need for
self-help to encourage graduates to seek professional services or peer support when
needed. The aftercare plan is intended as a plan that is not time determined, but generally
applicable as a lifelong commitment and plan to remain free of substances.
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SUPERVISION PROTOCOL
Supervision will be a shared responsibility among all members of the Drug Court team,
achieved through effective collaboration, decision-making, and rapid response to
conditions that my lead to relapse or further criminal activity by participants. The day-today supervision of participants will be the responsibility of Drug Court Coordinator.
Clinical case management will be available through the substance abuse treatment
program utilized for Drug Court participants. Cases are to be monitored once a week or
more frequently if necessary. The Drug Court Coordinator will be responsible for
reporting the status of each participant to the Drug Court team at weekly meetings. It is
expected that the caseload will not exceed 30 cases. However, this number may be
adjusted depending on how intensive the case managementrequirement is for the
offender group.
Participants will appear before the judge once a week during Level 1 of the program.
With satisfactory compliance with the treatment plan, appearances in Court will gradually
be reduced to two times a month in Level2, and then to one time a month. In Level3,
the minimum appearance schedule before the judge will be every other month. The judge
will make the determination of frequency based upon review of a case and
recommendations of the Drug Court team and treatment providers. The role of the team
will be to encourage participation in a non-adversarial proceeding and to assist the Court
in making the best decisions involving participants by providing all relevant information
and recommendations. The judge will provide significant judicial interaction with
participants and implement incentives or sanctions as necessary.
Written progress reports will be submitted to the Court once a month, or upon request of
the court. Oral progress reports by the DCC will occur at each judicial hearing and will
include updates on treatment attendance and compliance with the treatment plan.
Drug/alcohol test results will also be provided to the judge, whether positive or negative,
each time the offender appears before the Court to facilitate positive judicial rewards as
well as any sanctions that need to be imposed. Up-to-date information on each offender
must be provided to the Drug Court team prior to each Court session. The information
should include new arrest information, treatment and service attendance, and
drug/alcohol test results, to facilitate judicial involvement and appropriate decision,
making.
TESTING PROTOCOL
Regular, random drug and alcohol testing will be a key component of the Drug Court
program. The testing will be mandatory and conducted by various means including but
not limited to urine, saliva, and breath analysis. Every test conducted will be observed
and monitored by trained Drug Court staff or staff from the Day Report Center if
necessary, Test results will be used to determine if a participant is complying with Drug
Court rules and requirements and to determine if a treatment plan needs modification.
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Test results will not be used as evidence of a new crime; however, test results for a
participant who is subject to probation or other court-ordered supervision may be
provided to the supervising entity.
Trained Drug Court staff will observe participants of the same sex when urine samples
are collected. Attempts to manipulate or adulterate a sample in any way will result in
sanctions, up to and including termination from the program. Refusing to provide a
sample will result in sanctions and possible termination as well.
All persons involved in the collection and/or transmittal of specimens must strictly
comply with chain of custody procedures for each sample collected. A certified testing
laboratory will be contracted to analyze collected samples and provide results.
EVALUATION DESIGN
A process and outcome evaluation will be conducted to evaluate the program goals and
objectives by measuring the following: size and type of target population screened and
admitted; program completion rates; average time in the program for participants;
percentage of negative and positive drug tests; percentage of participants rearrested
during program participation; percentage of participants rearrested after three months, six
months, and one year; and types of services received.
A computerized and/or manual data collection system to evaluate the program will be
utilized for the Drug Court. The management information system will be flexible enough
to analyze data by various participant characteristics including services received, drug
test results, in-program re-arrests, program participation length, sanctions and rewards
imposed number of Court hearings, and participant completion rates. System design will
adhere to performance benchmarks of the Defining Drug Courts: The Key Components,
Key Component #8 (Monitoring and evaluation measure the achievement of program
goals and effectiveness).
Treatment and service providers utilized by Drug Court participants must share data
related to Drug Court clients. The Project Director will coordinate plans with providers
for sharing of information in compliance with local, state, and federal requirements.
The process evaluation will be utilized to appraise progress in meeting operational and
administrative goals. By tabulating data quarterly for process evaluation throughout the
program, the planning and review team will be equipped to use the information to make
changes and improve operation of the program to meet short-term goals and eventually
long-term goals.
Data elements will include number of persons screened and admitted, demographic
characteristics, number of active cases, patterns of drug use by drug test results,
attendance and compliance data, number of graduates and those who did not complete the
program, non-compliance data, and re-arrest data. Additional elements may be added
when the system is created.
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An outcome evaluation will assist in assessing whether long-term goals have been met.
A comparison group will be identified from offenders that could not be considered for the
program because the cap on intakes was reached. This should provide the most similar
group possible to the admitted participants for comparison. Re-arrest data up to one year
post conclusion of prior criminal charge or re-entry into the community will be collected
for comparison for participant and non-participant groups.
ETHICS AND CONFIDENTIALITY
The Drug Court program must comply with state and federal confidentiality laws, and all
practitioners must recognize both the valuable function that those laws serve as well as
their impact on the operation of the program. Information obtained through observation,
review of files, and direct or indirect contact with participants must remain confidential.
Participants must be informed of confidentiality rights. They will be required to sign a
consent form for disclosure of confidential substance abuse information to be referred
and accepted into the Drug Court program.
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