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Drug Courts: How to Roll the Roles… Team tasks, trials and triumphs. The Honorable Jamey H. Hueston New Orleans October 8, 2014. “Coming together is a beginning, staying together is progress, and working together is success” Henry Ford. In the Beginning. - PowerPoint PPT Presentation
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Drug Courts: How to Roll the
Roles… Team tasks, trials and
triumphs
The Honorable Jamey H. Hueston New Orleans
October 8, 2014
“Coming together is a beginning,
staying together is progress,
and working together
is success”
Henry Ford
In the Beginning
Sticking Point #1
Prosecution Pickles
Desperate Dave
20 year daily heroin habit
Charged with selling drugs & possession
Rejected from DTC :
HIV medical issues
mental health issues
weapons history
2 knives in his motel room
Dave needs DTC, wants DTC & appeals
The Court Ruling?
_____ All of the reasons
A)_____ Some of the reasons
B)_____ None of the reasons
The Court Ruling D must show DA's decision:
did not consider all relevant factorsconsidered irrelevant or inappropriate
factors clear error in judgment “patent and gross abuse of discretion” “prosecutorial error would clearly subvert
DTC goals” No equal protection—meds
No DP viol
NJ v. Kendal Jones, WL 1373657 (Sup. Ct. of NJ, 5/19/2009)
http://law.justia.com/cases/new-jersey/appellate-division-unpublished/2009/a6439-06-opn.html Evans v. State, 667 S.E. 2d 183 (2008)
Is Public Safety At Risk?
Prior violence generally suggests
psychopathy or other underlying
problems which indicates unlikely
amenability to AOD treatment and
success in the Drug Court.
Yes______ No______
And the answer is…….
DTC that accepted participants with prior violence had no differences in graduationrates
DTC Participants With Non-Drug Charges
Nearly Twice the Savings
Who’s Getting In?
Prosecution Roles
Review all candidates for eligibility
Promptly disclose discovery
Know ethics, confidentiality & constitutional
laws
Understand drug abuse & addiction
Understand principles of behavior modification
Actively participate in staffings
Investigate new case for appropriateness of
conti participation
Adopt a less punitive approach
Sticking Point #2
Defense Dilemmas
Wants release from jail ASAP. I don’t need any help.
Leave me alone. I’ll get tx when I’m out
High on meth & cocaine. Badly needs detox
I can beat this charge
K C #3 Prompt Engagement
Offenders who entered DTC within 20 days of arrest
2xs the savings
“Eligible participants are identified early and
promptly
placed in the drug court program.”
Defense Roles
Know ethics, confidentiality & constitutional laws
Understand principles of behavior modification
Understand drug abuse & addiction
Understand drug abuse & addiction
Understand principles of behavior modification
Actively participate in staffings
Whose Team Am I On Anyway?
Staffings
Control info flow: facts in, gossip out
Advocate – reports, details, advice, direction
Recommend appropriate sanctions & incentives
Actively participate in staffings:
monitor progress
make recommendations re treatment
outcomes
Whose Team Am I On Anyway? Musings of a Public Defender about Drug Treatment Court Practice, 26 N.Y.U. Rev. L. & Soc. Change 37, 2000 / 2001
Sticking Point #3
Coordinator Quandary
CoordinatorProgram Management
plan & review program materials
Prepare & manage docket & court reports
schedule court hearings
manage team & resolve issues (daily operation)
chair committees
provide case management services (time/skills permitting)
maintain P files
CoordinatorFiscal Responsibilities
grant writing & management fund raising, organizingbudget (funding strategies, reports)
Program Trackingdata input compile program datafacilitate evaluations contract management
Program Developmentevent & program planning community relations education, public speakingresource development
Case Managers Initial Tasks assess P’s needs, wants, strengths, weaknesses define goals develop strategies for each goal id who is responsible for each action set timeframes
Linkages assess existing services & ID gaps develop strategies to facilitate collaboration b/w
court & community Criteria:
affordable will work with court (consents & reporting)consistent / reliable
Case ManagersReferrals monitor services compliance/collaboration/
quality facilitate access to services assess P’s use & progress promptly document
Skills utilize strength-based approaches relapse prevention motivational interviewing engage family / support network
Probation Officer Community Supervisor
compliance w sentencing order employment verification site visits to employer home visits assist with referral & tracking of
community service hours ensure public safety through supervision
& community monitoring
Drug Testing
Key Component #5
“Abstinence is monitored by frequent
alcohol and other drug testing.”
FrequentMonitoredRandom
Law Enforcement
Conduct home visits or environmental checks
Conduct periodic surprise “sweeps” at P’s
home
Participate at weekly team meetings & DTC
sessions
Attend DTC conferences and training seminars
Be eyes and ears on the street
Liaison between DTC & department
Disseminate information to other officers
Treatment Services
Key Component #4
Drug courts provide access to a
continuum of alcohol, drug, and
other related treatment and
rehabilitation services.
Treatment Provider
Deliver appropriate level of care
available vs needed
Cross Training
Planning: Discharge, Relapse, Continuum
of Care
Provide reports
quantity vs quality
Attend staffings & court hearings
Not all team members have equal
importance in every component the of the
DTC program; therefore it is not important
if treatment attends staffings.
Yes ______ No ______
Team Treatment
Cost Savings regarding team member attendance at court sessions, staffings &/or involvement:
Defender 8xs Greater SavingsTreatment 9xs Greater Savings Prosecutor 2xs Greater Savings
Law Enforcement Greater Savings
Carey, Shannon, et al., “What Works? The 10 Key Components of Drug Courts: Research Based Practices,” Portland OR NPC Research, in press
Boundaries
Sets limitations & expectations Consistent & clear
Place and Space Location of “office meetings”
avoid time abuse, over attentiveness Other encounters
WeddingsFuneralsBirthdaysFamily, social events
Money
Interfering with payment processes Mis-reporting time/services Lending & Purchasing Counseling outside of professional role Business relationships
Clothing
revealing or seductive clothing dress down Fridays dress code policy
teach what, when, where
Contact, Confidences, Calling CardsPhysical Contact
Hug – discourage
Hand shake – teach a professional handshake
Pat on back – easily misinterpreted
Eye contact – build trust, show interest vs
excessive, flirtatious, inappropriate, obvious!!!!!
Self Disclosure
Names IT IS YOUR NAME, HOW DO YOU WANT IS USED?
Don’t
Judicial Monitoring
KC #7“Ongoing judicial interaction with
each drug court participant is essential.”
Close Supervision & Encouragement by Judges is the largest factor leading to success in Drug Court
Baltimore City DTC Participant survey
Judge Monitoring
presides over status hearings monitors progressmaintains integrity of the court
Due Process
timely access to counsel
understands waivers, rights, understands DTC conditions
full disclosure at all stages
But if that were all!!!!!
Procedural Fairness
Duty to act fairly
Focus on the process and fairness vs actual outcome
Voice
Respect & dignity Neutrality Trustworthy Clear explanations
Understanding Why People Obey the Law, Tom Tyler
Behavioral Responses
Key Component #6
“Drug courts establish a coordinated
strategy,
including a continuum of responses, to
continuing drug use and other
noncompliant
behavior . . .
Sticking Point #4
Judicial Juggling
Judicial Leadership1. Keep mission forward
2. Ensure team knowledge : therapeutic principles & application
3. Follow evidence based practices & Nat Standards - reinforce training: best practices updates, S&Itherapeutic theories PF, meditation, MAT - know relevant issues: addiction, MH, trauma, co-occuring, drug testing, behavior modification
4. Protect Due Process
5. Create open, collaborative team atmosphere
6. Understand & monitor treatment services & ensure collaboration
Judicial Leadership
7) Educate public, government, community, media for support & resources - create oversight/ advisory co. - inform frequently changing CJ practitioners
8) Ensure no systemic barriers to program entry
9) Ensure operations are consistent / transparent
10)Monitor program - revise forms & materials, conduct evaluations
Judicial Leadership Initiative: Over-riding Principles, American University, 2014
American University, BJA DRUG Court Technical Assistance ProjectJudicial Leadership Initiative: Over-riding Principles
Ms. Purple
Other Team Members
Clerk/Court Administrator
Local/State Law Enforcement
Mental Health Professionals/MHA
Social Workers
Bar Association State Problem-Solving Courts Office/Association
Family Recovery Court
Board of Education
Department of Social Services
CASA – Court Appointed Special Advocate
Community Supervision / Case Management Housing Job skills and training Education Employment readiness/placement Medical, dental, nutrition needs Child care Mediation HIV / AIDS Transportation assistance Life Skills Mental Health Meditation Organizational aids Life skills training
Responding to Issues Sanctions
Addictive Behavior – The behavior indicative of the addict. Drug and Crime seeking behavior, non compliance, failure to complete activities and engage services, drug use, antisocial.
Non Compliance – Learning a skill and refusing to apply the knowledge and services to change behavior or improve circumstances
• Prior to selecting the sanction for incomplete activities, determine what behavior isbeing addressed, what issue is underlining, what service or strategy will get to the core of the issue, barrier or behavior. Focus and address the CAUSE in order to alter the symptoms.
• Determine if the participant has learned and implemented the skill set for which they
have violated. If they have not, its a lot like taking and flunking calculus when your learning to add and subtract.
• Do you know your Provider curriculums? If not how do you know what they are learning in order to determine if the behavior is sanctionable (aside from public safety issues)?
~TREATMENT IS NOT A SANCTION ~
Responding to Accomplishments
Incentives & Acknowledgement• Incentives do not “have” to cost anything, minimize the emphasis on
spending, gift giving etc; • general expectation is compliance and service, improve approaches to
acknowledge progress that are realistic and consistent with the community situations.
• Incentives do not have to be given out of every single behavior~
• Incentives should acknowledge milestones, progress, achievement (small or large in various ranges)
• Incentives should be consistent and its intent discussed in court • Having a “list” does not make it consistent!
• Incentives should not always be from a list (tit for tat)• Incentives should have two purposes ~ general impact/reward• Progress and Compliance come in different forms and for different reasons:• Explain in court why there are differences as an example to the participants.• When the team uses a list – it doesn’t allow for life events and
circumstancesWhat are you responding to?
Team work divides the tasks and multiplies the successTurn me into We
“It's as simple as this. When people don't unload their opinions and feel like they've been listened to, they won't really get on board.” ― Patrick Lencioni, The Five Dysfunctions of a Team: A Leadership Fable Tell me what you expect from me. Winning team members need to know five things:
1. Tell me what you expect from me. 2. Give me an opportunity to perform.3. Let me know how I'm getting along.4. Give me guidance where I need it.5. Reward me according to my contribution.” ― Paul "Bear" Bryant