RECOVERY COURTS:

A NEW PARADIGM FOR SUBSTANCE ABUSING

DEFENDANTS

JUDGE K. MICHAEL MAYES

ADDRESSING ADDICTIONS IN COURT: Rethinking Recovery and Relapse

(2009)

RECOVERY COURTS AND CHARACTER CHANGES (How Jail Plays a Role in

Recovery) (2008)

IS THERE A COURT THAT CAN MAKE A DIFFERENCE? (2004)

KMM Articles:

How many have had a client in ◦ SAP ◦ SAFPF Reentry Court◦ POWER Juvenile Recovery Court? (a funded

Program)

How many have attended a Recovery Court Graduation?

Questions:

How many have wondered if and why

these Court Programs work?

Sap Recovery — 121 grads, 3 reoffend (2.5%)

SAFPF REENTRY— 116 grads, 4 reoffend (3.5%)

Power Juvenile -- 28 grads

SAFPF REENTRY COURT GRADUATE

RECOVERY COURT PROGRAMS PROMOTE THE PHILOSOPHY THAT:

1. “Recovery” is the goal for abuser, not simply being “drug free.”

2. “Recovery” means more than simply being drug free.

3. “Relapse” means more than simply using drugs.

Imagine an incline that is a reverse mirror continuum…

As recovery increases, relapse decreases

As relapse increases, recovery decreases

Addiction ebbs and flows along the continuum

“Recovery” vs. “Relapse”

If guilty of offense, lock them up and toss the key.

Even medical community simply dried them up and put them back on the streets.

“No treatment” at all

Oldest Judicial Philosophy---

Arrest

Jail

Probation, some treatment

If succeed, probation terminated successfully

If violate, revoke and TDC

Older Judicial Philosophy

Govt. Funded Drug Courts…◦ Drug Court has independent staff, counselor, P.O.◦ Used at the “front end” through pre plea agreements

For those with good records, 1st offenders, non violent offenders, non DWI cases.

If Defendant succeeds, no conviction and no record (“carrot” to encourage treatment)

Success rates from 10%-35% (% of Defendants that reoffend)

Most Recent Philosophy (1990’s)

For those that do not qualify for/succeed in Drug Courts

Defendants with: a. Prior records b. DWI

c. Other “non Drug Court” offenses d. Defendants with the worst addiction issues

New Paradigm—“Recovery Court” Programs

Not funded by taxpayer money

Judge uses current P.O.’s and court staff

Defendant pays for counseling ◦ Defendant “buys into” his treatment and recovery

Probation Program/Protocol• 4-5 phases– one year long • Intensive UA’s, supervision, counseling, etc.• Gradual increases in freedom • Gradual decreases in supervision

BENEFITS of Recovery Court Programs

Instantaneous communication with Judge and staff (email, texting, IM, etc.)

Immediate consequences for negative conduct

Significant rewards for positive accomplishments:◦ Waive fines, costs, fees and CSR◦ Occupational License ◦ Early termination of probation

BENEFITS of Recovery Court Programs

Strong Group and Peer support Group counseling 12 step meetings “Peer generated” jobs, transportation, living

arrangements, friendship, accountability

Cognitive Based Treatment Life Skills training Referrals to Public assistance programs

BENEFITS of Recovery Court Programs

Imagine: Treatment provided in jail…

Current studies show that “forced” treatment is as effective as “voluntary” treatment

Substance abuse classes and Professional Counselor in jail

Harris County now following our lead; just started jail drug classes

BENEFITS of Recovery Court Programs

“Life out of control due to substance abuse”• loss of job, loss of spouse, wreck, arrest, etc.

or

“Bio-psycho-social dependence on any mood altering substance”

What is Addiction?

What is Addiction? Modern SPECT Scans and MRI’s prove that

an abuser’s brain is different!• Abnormalities in areas of the brain that control

behavior and judgment (frontal/temporal lobes)• Can be congenital or caused by the abuse itself

Addiction is not a negative judgmental term; it is a term that says “there is a need for treatment in the addict’s thinking.”

Philosophy: Addiction is a “Thinking Disease”

Since the addict has a different brain and different bio-psycho-social makeup than the non-addict,

And since they think “addictively,”

We must treat the “thinking disease,” not simply “consequence the criminal act.”

The abuse does not happen out of thin air!

Addiction feeds repeated cycles of triggers that cause a “relapse in thinking”

The “relapse in thinking”, if left unchecked, ultimately leads to the abuse of substances

“Addictive Thinking” leads to relapse in abuse of substances

What Triggers the Relapse in Addictive Thinking?

Addictive thinking can be triggered by stress, worry, argument with boss, fight with spouse, loss of job, etc……

These are things that the non addict handles daily, without substances

In Court, I think of Addiction in Terms of “Relapse” and “Recovery”

• “Relapse” is the deterioration in the addict’s thinking (“Addictive Thinking”)

• “Recovery” is the maintenance treatment that protects against the Addictive Thinking…

Addiction is like HBP, diabetes or kidney failure ◦ They require maintenance treatment or they kill

BUT…The worst symptom of addiction disease is the “DENIAL that I have the disease or that I need treatment.”

This happens because the disease is in the person’s thinking!

Let me Introduce Some New Concepts…

Let Me Introduce Some New Concepts

The Good News: Addiction can be treated through a Recovery Program

The Good News: If a Defendant succeeds at Recovery:◦ Changes in thinking = changes in character

◦ Changes in character = changes in actions

◦ Changes in actions = helps avoid future criminal activity

Addict faces a “life changing event,” and

Addict gets clean of chemicals, and

Recovery program/treatment begins while clean, and

Addict commits during abstinence to a Recovery Program that will change their thinking and character

Recovery is successful only if:

The Addict must face a “Life Changing Event”

The Abuser hits a “bottom” that convinces them:◦ the pain from using exceeds the gain from using,◦ they are “powerless over their disease,” and ◦ they need help

Many Defendants have not found their bottom…(that is why they continue to abuse substances)

Jail or forced treatment can create a life changing event Good News: Courts can help the addict hit their bottom

and start a Recovery

Simply going to jail is not enough

“Treatment” in jail…..Professional Drug Classes

a. 410th Court started years ago-----

b. 20-35 participants in weekly classses

c. Wonderful tool to jump start a long lasting Recovery

Jail House Therapy

Recovery Courts Continue the Maintenance Treatment

“Cognitive Behavioral” treatment directed to the “addictive thinking”

“Dig deep” motivators:◦ Inspirational videos◦ Educational readings and required writings

SAP Counseling SAFPF Group meetings and counseling POWER Court counseling with Susan

Have you heard: “But I have been clean now for a month…”

Sort of like: “I can stop whenever I want.”

Being clean for a limited time DOES NOT DO IT…

BECAUSE THERE IS NO LASTING CHANGE IN THINKING OR IN CHARACTER

Recovery is not a 1 time, 1 day event

Recovery is a “1 day at a time” program that must be maintained for life to be successful and effective

Like standing on a down escalator…either keep moving or you are going downward!

Critical: To succeed, an addict must maintain “continued growth” after Recovery Begins

Successful Graduates of Recovery Court Programs

“I am Powerless over my Addiction, but I have Power Over My Recovery.”

Graduation Certificate says “Recovery Court” ◦ not “Drug” Court

◦ not “Recovered” Court

Individual Counseling Intensive Out Patient In Patient, Short Term or Long Term Residential Treatment Centers Intermediate Sanction Facilities SAFPF Relapse Half Way Houses Aftercare Original Drug Court New DWI Court

Related Options When Needed

Critical for all defendants, but especially Juvenile Power Court

Includes parents, siblings, relatives, etc.

Parent Orders used for family treatment

Court can Order “no family involvement,” where family member is impeding the Defendant’s recovery

Family Involvement And Education is Important

Texas Lawyers Creed—requires mutual cooperation for the disposition of cases and the resolution of disputes

Attorneys (both sides) must view their jobs, their clients and substance abuse cases differently

Addiction is not an offense in the Penal Code

THE ETHICS OF RECOVERY

State attorney’s oath is “to do justice,” not simply “to convict”

Defense attorney should act in the best interest of client • Proactive Treatment options• Insurance?• Proposed Recovery Plan

Consequences (for the crime) and treatment (for the disease) can co-exist in the proper cases

THE ETHICS OF RECOVERY

“Good Things Happen to People that Do Good Things”—

Judge Mayes