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OTTAWA DRUG TREATMENT COURT Forms and Policies Version: January 2011

OTTAWA DRUG TREATMENT COURT - Organization …€¦ · Ottawa Drug Treatment Court Application Process and ... the document to the Court Support Office on the second floor ... of

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OTTAWA DRUG TREATMENT COURT

Forms and Policies

Version: January 2011

Table of Contents

Part One - Forms

Ottawa Drug Treatment Application Process and Information Sheet .................. 1

Ottawa Drug Treatment Court Application .......................................................... 3

Ottawa Drug Treatment Court Questionnaire ....................................................... 5

Consent and Waiver .............................................................................................. 7

Condition of Release ............................................................................................. 15

Request for Re-Admittance................................................................................... 16

Part Two - Policies

Absconding Policy ................................................................................................ 19

Coffee Card Policy ................................................................................................ 20

Contested Urine Drug Test Results Policy ........................................................... 21

Early Leave Policy ................................................................................................ 22

Exhausted Patience Policy .................................................................................... 23

Graduation Policy ................................................................................................. 24

Part Three – Urine Drug Testing Strategy: Policy and Procedures

Appendix .............................................................................................................. 27

Part One - Forms

1

Ottawa Drug Treatment Court Application Process and Information Sheet

1. Who can apply for Ottawa Drug Treatment Court?

Anyone can apply for admission to Drug Treatment Court. Please note, however that

there are basic offence guidelines.

2. What offences will be accepted for admission to the Ottawa Drug Treatment

Court?

The following is a typical, but not comprehensive list: possession of drugs for personal

use or for street level trafficking, theft, possession of stolen property, non-residential

break and enter, communication for the purpose, mischief, breaches of Probation and

Undertaking.

Those charged with violent offences, including robbery, sexual assault, assault with a

weapon etc or who have a Criminal Record including such offences are seen as

potentially dangerous to the program and its participants, however are not to be deemed

unacceptable for the program prior to intensive research and knowledge of circumstances

and situations surrounding those offences.

3. If I meet the offence criteria, will I automatically be accepted into the Ottawa

Drug Treatment Court?

No. There are a number of considerations which will be addressed. The Crown Attorney

will initially screen all information received with regard to the applicant and their

charges, which in turn will result in the individual being screened in or out of the

program. The next step of the procedure, if screened into the program by the Crown

Attorney, is for the treatment provider to be satisfied, through a face-to-face interview,

that the applicant does suffer from addiction issues, is committed to his/her

desire/want/need to change and is ready for treatment. Subsequently this information

will be shared and discussed with the Ottawa Drug Treatment Court Team noting that

ultimately the decision for an individual to be accepted into the Ottawa Drug Treatment

Court lies with the Court itself.

2

4. How do I apply?

Simply complete the application form for the Ottawa Drug Treatment Court and submit

the document to the Court Support Office on the second floor of the Ottawa Courthouse

located at 161 Elgin Street. Once the application has been submitted, all of your matters

before the Court should be adjourned to the next available Tuesday afternoon at 2:00 in

Courtroom #8. Please be aware that the goal of the Drug Treatment Court Team is to

have a decision on the suitability of the applicant within one week from the date that the

completed application form is filed and received by the Team.

5. What happens if I am accepted into the Ottawa Drug Treatment Court and am

unable to complete the program?

If you choose to leave the Drug Treatment Court Program or are removed by the Court

within the first thirty days of your acceptance into the Program, you have the opportunity

of striking your plea(s) of guilt and setting a date for trial or sentencing. If you have gone

beyond the first thirty days of your acceptance into the Program and you have decided to

withdraw from the Program or you are removed from the Program by the Court, then

your plea(s) of guilt that were entered are binding and you will be sentenced before the

Drug Treatment Court Judge who took your plea(s).

6. If I am accepted into the Ottawa Drug Treatment Court, what is required of me?

You will be expected to work hard and demonstrate a commitment toward becoming

drug free and to have no future contact/charges within the Criminal Justice System. The

Ottawa Drug Treatment Court Program lasts for at least one year. During this time you

will be required to attend the treatment facility at various times throughout the week,

provide urine screens on a weekly basis as well attend Court every Tuesday afternoon at

2:00pm in Courtroom #8. The ultimate goals are for you to learn to abstain from the use

of drugs, find suitable and stable housing and to learn how to make productive use of

your time.

7. Graduation criteria

The Ottawa Drug Treatment Court Team has established policies with respect to

graduation for the participants of the Ottawa Drug Treatment Court and copies of the

criteria are attached to this directive.

Please note: this sheet is for information purposes only. For further details with

respect to the Ottawa Drug Treatment Court application and rules, reference

should be made to the application form and rules accompanied therein.

3

OTTAWA DRUG TREATMENT COURT

Application

PART I (To be competed by accused/defence counsel)

This form should be used by drug dependent offenders who wish to apply for the Drug

Treatment Court. Eligibility for the Drug Treatment Court will be determined by

Crown counsel in accordance with the established eligibility criteria

Name: ____________________________________________________________ (Last) (First) (Middle)

Gender: Male Female Transgender

DOB: ________________________

(dd/mm/yyyy)

I prefer to have my treatment in: English or French

I prefer to have my Court Proceedings in: English or French

Je désire recevoir mes services de thérapie en: Français au Anglais

Je désire que mes audiences devant le tribunal se déroulent en: Français au Anglais

Race: Caucasian Aboriginal Black

Other visible minority Don't know

Arrest Date: _________________________ Information No.: __________________

(dd/mm/yyyy) __________________

Is there a

Co-accused? Yes No Name of Co-accused: ______________________

Criminal

Record: Yes No In custody: Yes No

Offence Type: CDSA Section(s): _______________________________________

CCC Section(s): ________________________________________

Number of Charges: _____________________________________

Outstanding

Charges: Yes No *If yes, give details: _______________________

4

Bench Warrant

Outstanding: Yes No *If yes, give details: ____________________

Under Probation

Supervision: Yes No *If yes, give details: _________________

I have previously been in an alternative measures program or diversion program:

Yes No

Immigration Order: Hold Deportation Order Other None

Lawyer‟s Name and

Phone Number: ______________________________________________________

Name Phone Number

Duty Counsel:

Next Court Appearance

& Courtroom: _____________________________________

(dd/mm/yyyy) Courtroom

I HEREBY APPLY TO BE CONSIDERED FOR THE DRUG TREATMENT

COURT PROGRAM:

Date: ____________________________ _________________________________

(dd/mm/yyyy) Signature of the Accused

5

OTTAWA DRUG TREATMENT COURT

Questionnaire

PART II (To be completed by accused with legal counsel)

Please note that if the Drug Treatment Court application is submitted without

completion of this form, the application will be considered invalid and cannot be

processed. The Ottawa Drug Treatment Court Questionnaire must be completed with

the assistance of Counsel. The information provided in this questionnaire is intended

to assist the Drug Treatment Court Crown and treatment provider in the initial

assessment and will not be used for prosecution purposes if the offender is not

approved for the Ottawa Drug Treatment Court Program.

1. Offender‟s name: _____________________________________________________

(Last) (First) (Middle)

2. Date of Birth: _______________________

(dd/mm/yyyy)

3. Charges:

________________________________________________________________________

________________________________________________________________________

4. What drug(s) is the offender addicted to: ___________________________________

5. When is the last time the offender used addictive drugs? _______________________

6. Has the offender taken any steps in the past to control addictions? Yes No

If yes, what were these steps?

________________________________________________________________________

________________________________________________________________________

If no, why not? __________________________________________________________

7. Is housing available? Yes No

If yes, what type of housing is available? Permanent Temporary Shelter

Details: ________________________________________________________________

8. Does the offender have a Criminal Record? Yes No

6

9. Does the offender‟s Criminal Record include convictions of violence? Yes No

10. Can any information be provided with respect to the circumstances surrounding the

violent offence(s)?

________________________________________________________________________

________________________________________________________________________

11. Are there any reasons why you may be ineligible for the Drug Treatment Court

Program? Yes No

If yes, what are they?

________________________________________________________________________

________________________________________________________________________

12. Are there any additional comments?

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Please Note: False or misleading information provided in this questionnaire or during

any phase of the Drug Treatment Court screening process may result in this

applicant’s expulsion from the program.

I have completed this form with the assistance of my counsel or duty counsel.

Yes No

Date: ________________________ ___________________________

(dd/mm/yyyy) Offender‟s Signature

Date: ________________________ ___________________________

(dd/mm/yyyy) Lawyer‟s Signature

7

OTTAWA DRUG TREATMENT COURT

CONSENT AND WAIVER

TO BE COMPLETED WITH THE AID OF COUNSEL

I, _______________________________________ , understand that I am charged with

the following criminal offence(s) of:

There are two alternative ways of dealing with my charge(s). They are:

(i) The normal course of a criminal proceeding; or

(ii) The Drug Treatment Court Program.

1. The Normal Course of a Criminal Charge

I understand that I am presumed to be innocent of these charges.

I understand that in the normal course of a criminal proceeding, a court may decide to

release me on bail until the completion of the process. If I am denied bail at the initial

hearing, I have the right to appeal the decision refusing me bail. I also understand that if

it is believed that I have disobeyed any conditions of my bail, I may be arrested and a

court may cancel my bail. I have a right to be represented by a lawyer at any hearing into

whether I should be released on bail.

I understand that in the normal course of a criminal proceeding I have a choice to plead

“not guilty” or “guilty” to any offence with which I am charged. If I choose to plead “not

guilty”, I will have a trial where the Crown must prove that I am guilty of the charge(s)

beyond a reasonable doubt or else the charge will be dismissed.

I have a right to know in advance of the trial what evidence the Crown has against me. I

understand that I have the right to speak with a lawyer about the case in order to review

8

any defences to the charge and whether there are any weaknesses in the Crown‟s case,

which could result in acquittal.

If the Crown proves beyond a reasonable doubt that I committed the offence, I will be

found guilty. If, on the other hand, I choose to plead “guilty”, and admit the facts without

the calling of evidence, I will give up my rights to hear or challenge the witnesses or

argue that I should not be found guilty and I will be found guilty.

If I am found guilty, a court will decide what sentence to impose upon me after hearing

arguments from both the prosecutor and my lawyer on the law. When deciding on the

appropriate sentence, a court may decide, if appropriate, to send me to jail, to grant me a

discharge, to sentence me to a conditional sentence of imprisonment in the community, to

place me on probation, impose a fine, or impose some combination of dispositions. A

court must impose a sentence that in the judge‟s view is most appropriate, taking into

account the circumstances, as well as other aggravating and mitigating factors.

I am entitled to a trial within a reasonable time.

If I am found guilty and sentenced, I have the right to appeal against conviction, the

sentence or both the conviction and sentence.

2. The Ottawa Drug Treatment Court (herein referred to as “ODTC”)

The Program

Instead of choosing to proceed through the normal course, I may choose to plead guilty

and to participate in the Drug Treatment Court program (referred to as “the Program”).

No one may force me to participate in the Program. It is entirely up to me whether I

choose to do so.

I understand that the Program will take many months, and often more than a year to

complete. I understand that the court will delay my acceptance into the Program for a

9

period of thirty (30) days, but not exceeding sixty (60) days, while Rideauwood

Addiction and Family Services and the ODTC Team assess my suitability for the

Program. This period of time is also an opportunity for me to determine if the Program is

right for me. If it is determined that I am not appropriate for the Program, I understand

that I will be entitled to have my plea(s) struck before the thirty days have passed and to

have my matters adjourned to the regular court system.

If I am accepted, there is no fixed time limit for the completion of the Program. It is up

to the Court to decide if and when I have successfully completed the Program. However,

the Program typically takes approximately one year to complete. By choosing to

participate in the Program, I agree to waive my rights pursuant to s. 720 of the Criminal

Code to be sentenced as soon as possible.

Application and Assessment

If I choose to participate in the Program, I understand that I must first qualify for, and be

accepted into, the Program. This is a process that entails several steps. After my

application has been submitted, the Crown will first make a decision about whether I am

eligible to participate in the ODTC Program. This decision is based largely on my

outstanding charges and criminal history. I understand that the Crown has the right to

exercise a screening out process whereas the Crown‟s screening decision as to eligibility

is final and not reviewable by the ODTC Team.

If I am determined to be eligible to apply and participate in the Program by the Crown, an

individual from Rideauwood Addiction and Family Services will conduct a further in-

depth assessment. I understand that this means I will have to participate in an interview

concerning my personal background and history of drug abuse and that I will undergo

drug testing. I understand that if I am not accepted into the Program, then everything I

have said or done during this application process will be kept confidential and can never

be used against me in court.

10

Pleas

If I choose to participate in and complete the Program, I understand that I am giving up

my right to plead “not guilty” to the charge(s) against me.

By choosing to participate in the Program, I choose to plead “guilty” and accept

responsibility for each offence on which the Crown proceeds. Further, any outstanding

charges in other jurisdictions must be waived in and plead “guilty” to as well. The

process to have the outstanding charges from other jurisdictions transferred should be

started within ninety (90) days after admittance into the Program. I admit, in fact, that I

did what the Crown states that I did via the evidence or summary of the evidence. In

addition, if I am already subject to a probation order, its terms and conditions still remain

in full force and effect and are binding on me.

If I decide, within the first thirty (30) days, that the Program is not right for me, I will be

able to strike my pleas and return to the normal prosecution stream.

Bail

I understand that my ODTC bail depends upon my being found appropriate for the ODTC

Program. I understand that I will be released on an ODTC bail to attend for a thirty (30)

day pre-admission assessment at Rideauwood Addiction & Family Services. I further

understand if it is determined that I am not appropriate, or I decide to withdraw from the

ODTC, my ODTC bail may be revoked or varied, and I may reapply for bail in the

appropriate court if I have not already done so.

I understand that I must abide by the conditions imposed upon me by my bail. If I breach

any of my bail conditions, I understand that I may be charged with failing to comply with

my bail.

Requirements of the Program

My participation in the Program will require frequent mandatory court appearances for

the purpose of monitoring my progress in the Program. I understand that if I miss any

11

court dates, a warrant for my arrest may be issued, I may be charged with “failing to

appear” and at my next court appearance my bail may be cancelled and I may be expelled

from the Program.

The Program will also require me to attend regularly for counselling and random drug

screening (such as urinalysis). The result of any drug screening or any statements made

during the counselling sessions will be reported to the Court, which monitors my progress

in the Program.

I understand that I have the right to request one re-test of any disputed urine screen. I

agree to accept the validity of the urine screen results.

If I dispute any subsequent urine screens, I may be expelled from the Program and

sentenced for the offence(s) to which I have pled guilty.

In order to receive the legal benefit of the Program, I must complete the Program to the

satisfaction of the Court. The Court will postpone the sentencing decision until I have

successfully completed the Program. If I successfully complete the Program to the

satisfaction of the Court, the Court‟s finding of guilt will remain and I will be sentenced,

but the Court will not impose a sentence that requires me to go to jail.

If, on the other hand, I fail to successfully complete the Program, the Court will decide

the appropriate proceeding in the normal course. The pleas as entered will not be struck.

If I fail to complete the Program, I will be sentenced in the normal course.

I waive my right to rely upon the delay created by my participation in this Program to

argue that my right to a trial within a reasonable period of time under the Charter has

been violated.

I understand that while I am participating in the Program, members of the ODTC team

(the judge, duty/defence counsel, crown counsel, treatment providers, evaluators, and

12

probation officers) will discuss my case in my absence prior to each attendance in the

ODTC. I am satisfied that the duty counsel or my lawyer will represent my interests. I

agree to this in order to obtain maximum help/benefit from the ODTC.

I understand that as a condition for being allowed to participate in the Program, I must at

all times keep my treatment providers and the Court advised of my current address during

my participation in the Program. Home visits and background checks will also be

performed to determine suitability of my residence.

I understand that if I am arrested on any new charges while participating in the Program,

I must report this to my treatment providers and the Court. The Crown will re-assess my

continuation in the program, based on the new charges. It will then be up to the Court to

decide whether to cancel my bail and/or expel me from the Program.

I understand that my involvement in the Program may be the subject of study by officials

involved in the evaluation of the Program. While any such study must respect my right

to privacy, I may be asked to participate in follow-up studies during and after my

completion of the Program. By signing this form, I willingly agree to participate in a

study seeking to evaluate the Program. I also agree to release to the officials involved in

the study, a copy of my criminal record and a list of all pending criminal charges.

Sanctions

If I fail to fulfill the requirements of the Program, such as missing a urine screen, not

attending to counselling sessions as required, missing curfew etc., the Court may:

1. require me to perform community service hours;

2. cancel/vacate my bail for up to a maximum of seven (7) days (Tuesday to

Tuesday), pursuant to s. 523 or s. 524 of the Criminal Code;

3. increase the number of times I am obliged to attend for treatment, counselling,

or drug testing;

4. extend the treatment period under the Program;

5. expel me from the Program and sentence me; and/or

13

impose any other sanction that is deemed to be appropriate in the circumstances.

Before any decision is made regarding a sanction or expulsion, I will have the

opportunity, after having consulted with counsel, to make representations to the court. I

understand that if I want the Court to postpone making this decision, the Court may still

order that, in the meantime, I remain in custody, pursuant to s. 524 of the Criminal Code.

If after listening to my explanation, the Court decides to cancel my bail but not to expel

me from the Program, I may choose to withdraw from the Program and proceed with my

sentencing in the normal course. On the other hand, if I choose to remain in the Program,

the Court will consider, within seven (7) days, whether to allow me to remain in the

Program and whether to restore my bail. If I ever choose to withdraw from the Program,

or if I am ever expelled from the Program, any time, which I spend in custody as a result

of the Court cancelling my bail, will not be taken into account when a Court decides on

the appropriate sentence.

In making this decision, I have:

[CHECK ONE BOX]

___ had an opportunity to consult with a lawyer about the Crown‟s evidence against me,

[OR]

___only been able to consult with a lawyer based on a summary of the Crown‟s evidence

against me,

but nevertheless, am prepared to give up my rights to plead “not guilty” and to have a

trial.

I am willing to give up these rights in order to try and benefit from the ODTC Program.

14

I have read and understood everything on this form. By signing this form, I am

indicating that I have voluntarily chosen to participate in the Program and to comply with

all of the terms and conditions.

DATE: _________________________________

_______________________________ ________________________________

Defence/Duty Counsel Applicant

Counsel/Duty Counsel providing advice:

(Name, address, and phone number)

__________________________________

__________________________________

__________________________________

__________________________________

Translated by me, _______________________________________, a person fluent in

English and ________________________ languages, before being signed by the

Applicant.

Original to: ODTC

Copies to: Rideauwood Addiction and Family Services

Provincial Crown

Federal Crown

Counsel/Duty Counsel

Applicant

15

16

Ottawa Drug Treatment Court Request for Re-Admittance

The following is to be completed by the accused with the assistance of defence counsel/duty counsel:

Name:

Date of Birth:

Date of Bench Warrant:

How did you end up back before the Court?

o I turned myself in.

o I was arrested.

Details:

Were you charged with any further offences while at large?

o Yes.

o No.

If you replied „Yes‟ – please list any and all new charges:

Are you currently on Methadone?

o Yes.

o No.

If you replied „Yes‟ please complete the following questions:

1. Are you still on methadone?

2. What dose are you currently prescribed?

3. Which methadone clinic do you attend?

4. Are you in good standing with the methadone clinic?

Please Answer the Following Questions in as Much Detail as Possible

(if you require more room for your answers, please attach a separate sheet)

1. Why should the Ottawa Drug Treatment Court Team consider you for re-admittance into

the program?

2. What have you learned (if anything) while you were absent from the Ottawa Drug

Treatment Court program?

3. What were you doing while absent from the Ottawa Drug Treatment Court program?

o I hereby request to remain in the Ottawa Drug Treatment Court program (absences of 30 days or less)

o I hereby apply to be re-admitted into the Ottawa Drug Treatment Court program (absences in excess of 30

days)

Lawyer‟s Name: Lawyer‟s Telephone #:

Date: Signature of Accused:

Part Two – DTCO Policies

19

Ottawa Drug Treatment Court

Absconding Policy

Drug Treatment Court Ottawa (DTCO) is conducted once per week and all participants

are expected to attend every court session, unless excused by the court for a valid reason.

If a participant does not attend court as expected, a bench warrant will be issued for their

arrest and a subsequent charge of “Fail to Appear” may be laid. Absconding from DTCO

is viewed as a very serious breach of DTC bail conditions which could lead to a separate

criminal charge being laid or may result in a DTC sanction and/or removal from the

program.

If a DTC participant absconds from DTC, the following process will be followed upon

their arrest:

1. If the participant returns to DTC within the first thirty (30) days, he/she will

be required to fill out a Request for Special Consideration form, which the

DTC team will consider in determining their continued participation.

2. If a participant returns to DTC after thirty (30) days or more, he/she will be

presumptively removed from the DTCO program and the following process

will apply:

a) If the participant wishes to continue in DTCO, there will be a reverse onus for

him/her to convince the DTCO team that they should be re-admitted into the

program. Re-admittance into the program will only be granted in exceptional

circumstances. The participant will be required to fill out a Request for Re-

admittance form.

b) The Request for Re-admittance form will be reviewed by the DTCO Team

and eligibility to continue in the program will be determined.

c) If it is determined that the participant is eligible to continue in the program,

an individual from Rideauwood Addiction and Family Services will conduct

an assessment before a final determination for re-admittance into the program

is made.

d) If it is determined that the participant is not suitable to be re-admitted into the

program, they will proceed to sentencing.

e) At all times, the onus is on the participant to contact Rideauwood Addiction

and Family Services to make an application for re-admittance and re-

interviewing.

20

Ottawa Drug Treatment Court

Coffee Card Policy

The Coffee Card is a reward that recognizes and encourages participant‟s short-term

success. Like Early Leave, the Coffee Card provides participants with a short-term goal

that is realistically achievable. If a participant fails to meet the criteria one week, he or

she can earn it back the following week. Some measure of success and reward is always

within reach.

Coffee Cards have a $5.00 value and are funded by donations. Coffee Cards are handed

out to participants during Tuesday Court appearances.

1. Participants must meet certain criteria to be eligible:

a) no substance use since the prior Tuesday.

b) attended all Treatment appointments since the prior Tuesday (unless excused from

attendance.)

c) attended all required UDT‟s since the prior Tuesday (unless excused from

attendance.)

d) been in full compliance with all other Treatment/Court expectations (unless

excused.)

e) been out of custody since the previous Tuesday.

2. Participants who are subject to an outstanding sanction are still eligible for a Coffee

Card provided the criteria in (1) are met.

3. The Coffee Card may also be withheld for other reasons/concerns at the Judge's

discretion.

21

Ottawa Drug Treatment Court

Contested Urine Drug Test Results Policy

Drug Treatment Court Ottawa (DTCO) conducts Urine Drug Testing (UDT) of all

participants. The collected specimens are analyzed by Gamma-Dynacare Medical

Laboratories (GD). Participants may attempt to conceal illicit substance use by denying

positive (+) UDT test results.

Validity of UDT Results

All DTCO participants have agreed to accept the validity of the UDT results (Ottawa

Drug Treatment Court Consent and Waiver.)

Retesting of UDT Specimens

Should an individual contest a UDT result, the original specimen will be retested and the

participants name on the specimen container will be verified and checked for

corresponding participants initials.

The request for retesting must be made by the participant at the first Court appearance

following notification. GD only retains the original specimen for one to two weeks.

DTCO reserves the right to limit the number of retests ordered.

Where indicated, Rideauwood Treatment Staff will review with the participant any

prescription or over-the-counter medications, vitamins, herbal remedies, and/or

supplements recently consumed by the participant to rule out false positives.

Applicable Sanction

A participant denying a verified and retested UDT result is subject to sanction for

dishonesty. The nature of the sanction will be at the Court‟s discretion.

The participants “clean date” will be changed based on any verified positive (+) UDT

result.

DTC will not accept passive ingestion (i.e. second-hand smoke, adulterated drinks/foods,

etc) as an explanation for positive UDT results. Participants are responsible for all

substances regardless of how they ingest them.

22

Ottawa Drug Treatment Court

Early Leave Policy

Early Leave is a reward that recognizes and encourages participant‟s short-term success.

Once the initial criteria are met, early leave must be earned at every Court appearance.

Early leave may be withheld. However, participants have the opportunity to earn it back

by as early as the next Court appearance. Like the Coffee Card reward, this approach

provides participants with a short-term goal that is realistically achievable. If a

participant fails to meet the ongoing criteria at one appearance, he/she can always earn it

back by the next. Some measure of success and reward is always within reach.

Participants who have been granted Early Leave will have their matters dealt with at the

beginning of the DTCO docket and they will be permitted to leave immediately after their

matter is dealt with.

1. In order for a participant to meet the initial criteria, they must have:

a) been a DTCO participant for at least 60 days.

b) 30 days of continuous abstinence after your first clean UDT result,

c) demonstrated compliance with DTCO bail conditions

2. Ongoing criteria for Early Leave is determined on a per appearance basis and is

dependent upon the participant having:

a) attended all required meetings and appointments on time,

b) attended all UDT‟s as expected,

c) abstained from all substance use,

d) abided by the terms and conditions of their DTCO bail.

3. A participant who fails to meet the above criteria is NOT eligible for Early Leave at

that appearance; however, will be eligible at the very next appearance should he/she

meet the above criteria and have attended, in person, at least one individual or group

Treatment appointment.

4. A participant who is subject to an outstanding sanction is NOT eligible for Early

Leave. Such a participant will become eligible for Early Leave again on the Court

date upon which the sanction has expired and/or is complete.

5. Early Leave may be withheld for any other reason at the Judge‟s discretion.

23

Ottawa Drug Treatment Court

Exhausted Patience Policy

While DTCO does not sanction participants for substance use, it is possible that

participants who do not demonstrate sufficient motivation towards a goal of abstinence

may be removed from the program primarily on the basis of substance use. This policy is

directed at those participants who; a) seem unable to achieve even a short period of

abstinence, b) appear to be putting forth little effort to arrest their drug taking behaviour,

and c) continue to use despite frequent interventions by Treatment.

1. If, at any time during a participant‟s involvement in DTC, Treatment assesses that

the participant is no longer motivated towards abstinence, or is no longer making

sufficient efforts towards achieving abstinence, they will advise the Pre-Court

Team.

2. This notification will be discussed at Pre-Court and the Judge may elect to advise

the participant that there will now be an expectation that he/she provide a

determined number of „clean‟ urine samples within a set period of time.

Furthermore, if this goal is not achieved, he/she may be removed from the DTCO

and proceed to sentencing.

3. Participants who state they no longer have a goal of abstinence may also be

removed from the DTCO by the Judge.

24

Ottawa Drug Treatment Court

Graduation Policy

The DTCO has three primary goals for participants: to extinguish drug and alcohol

taking behaviour, eliminate criminal recidivism and improve quality of life. Participants

who demonstrate an ability to meet these goals and have a reasonable plan to sustain

them are eligible for „graduation‟ and release from the requirements of the DTCO.

DTCO recognizes that individual participants may face unique needs and challenges and

as such a differential graduation criterion has been established.

1. Application for Program Completion

a. All participants seeking to complete the DTCO are required to submit an

application (Graduation Application & Reintegration Plan.)

b. The application will be submitted at least 30 days prior to the proposed graduation

date.

c. The application indicates the Level of Graduation the participant is applying for

and a projected graduation date.

d. The application will be reviewed by treatment and forwarded to the DTCO Team

with a recommendation for final decision.

2. Minimum Completion Requirements

a. The graduate will not have accrued any outstanding new charges or new

convictions within the last 6 months prior to the anticipated date of graduation.

b. The graduate will have demonstrated compliance with DTCO expectations during

the last 3 months prior to the anticipated date of graduation.

c. The graduate will have obtained stable housing and/or demonstrated an ability to

maintain housing during the last 2 months prior to the anticipated date of

graduation.

d. The graduate will have demonstrated pro-social community involvement such as:

employment, school, volunteer work with a charitable or non-profit organization

and/or other activities as approved of by their case manager during the last 2

months prior to the anticipated date of graduation.

DRAFT

Part Three Urine Drug Testing Strategy: Policy and Procedures

This policy is in draft form and is subject to further

review and approval.

Please do not copy or distribute.

27

Ottawa Drug Treatment Court

Urine Drug Testing Strategy – Policies & Procedures

1.0 Introduction

1.1 Purpose of Drug Testing in Drug Treatment Court

1.2 Testing Method

1.3 Consulting Medical Review Officer (MRO)

1.4 Oversight of the Day-to-Day Operation of the UDT Program

1.5 Illicit and Inappropriate Drug Use

2.0 Specimen Collection Procedures

2.1 Notification to Provide a UDT Specimen

2.2 Specimen Collection at SWCHC

2.3 Specimen Collection at Rideauwood

2.4 „Suitable for Analysis‟

2.5 Adulteration/Substitution Policy

3.0 Missed or Refused UDT Policy

4.0 Reported Use Policies

4.1 Timely Reporting Policy

4.2 Reporting of Prescription Medication for Acute Medical Needs

4.3 Ongoing Pain Management Policy

4.4 Psychotropic Medications Policy

5.0 Results and Interpretation Policies & Procedures

5.1 Result Reporting Procedure

5.1.1 Exceptions to Result Reporting

5.2 Passive Ingestion Policy

5.3 Over-the-Counter Products Policy

5.4 Drug Detection Window Policy

5.4.1 Cannabinoids

5.4.2 The Detection Windows

5.5 Contested Results Policy

6.0 Sources

28

29

1.0 Introduction

1.1 Purpose of Drug Testing in Drug Treatment Court

Drug testing is a Key Principle of the United Nations Office on Drugs and Crime (UNODC) expert

working group on drug treatment courts and is also a DTC Program Principle of the Canadian Association

of Drug Treatment Court Professionals (CADTCP). Drug testing is seen by these organizations as one of

the most important objective factors available to assess a participant‟s progress and to assess a participant‟s

honesty.

Drug testing is employed not only to ensure program compliance but, also to facilitate the timely

intervention of relapse events before the participant returns to a state of active chronic substance use. Drug

testing should not be applied with a „gotcha‟ approach, but should be viewed as an opportunity to address

participant honesty, recognize participant success, and to identify the need for clinical intervention where

necessary. The policies and procedures set out in this document formulate a drug testing strategy that

supports this approach.

1.2 Testing Method

Urine is the biological specimen of choice for determining the absence or presence of drugs. Some

incorrectly believe that blood testing for drugs may provide a more accurate assessment. In fact, urine

testing is superior over serum, primarily, due to the increased window of detection, while drugs and/or their

metabolites may only be available for a matter of hours in serum; they remain detectable for days in urine

(for most drugs).

While the Ottawa Drug Treatment Court (DTCO) employs rigorous urine drug testing (UDT) protocols and

methodologies, it is important to note that a negative (-) UDT result does not guarantee that a participant

has not consumed drugs. The validity of results is subject to a number of factors such as: testing frequency,

level of detection calibrations, individual metabolic rates, specimen concentration, and the ability of the

methodology employed to detect a particular substance.

The DTCO utilizes two testing methods, laboratory analysis and point-of-care testing. While many other

drug treatment courts utilize point-of-care testing as their primary method, the DTCO has determined that

only the laboratory analysis method will be utilized for court purposes. The point-of-care test is reserved

for pre-screening and clinical intervention only. The Medtox Sure-Screen test is used with all treatment

staff having received training from DavTech Analytical Services, and received competency certificate.

Urine specimens are collected primarily by Somerset West Community Health Centre (SWCHC) and

occasionally by Rideauwood Addiction and Family Services (RW) treatment staff. Specimens are analyzed

by Gamma-Dynacare Medical Laboratories using both immunoassay and combined chromatographic

spectrophotometic methods. The primary advantages of the laboratory testing method are specific drug

identification (GC/MS) and the availability of laboratory and medical staff to provide result interpretation.

Gamma-Dynacare holds a Ministry of Health and Long Term Care Licence under the Laboratory and

Specimen Collection Centre Licensing Act; it is an accredited laboratory under the College of American

Pathologists; is certified by the Clinical Laboratory Improvement Amendments; and has an Ontario

Laboratory Accreditation under the Ontario Medical Association. In 2008, the Director of the Ottawa Drug

Treatment Court conducted a site tour of the Gamma-Dynacare laboratory in London Ontario where all

UDT specimens are analyzed.

30

1.3 Consulting Medical Review Officer (MRO)

An MRO is available for consultation to interpret results that are contested, where a satisfactory

explanation cannot be provided by the laboratory technicians or where an independent review/analysis of

the results is required. A positive laboratory result does not automatically identify a participant as having

used illicit drugs. A medical doctor with a detailed knowledge of possible alternative medical explanations

must be available to interpret contested negative results in the context of information obtained from the

donor, the treatment provider, and the laboratory.

The DTCO has made arrangements with Douglas Gourlay, MD, MSc, FRCPC (anesthesia), ASAM, MRO

to provide consultaion. Dr. Gourlay is a medical consultant in pain and chemical dependency at the Centre

for Addiction and Mental Health and is a physician at the Wasser Pain Management Centre, Mount Sinai

Hospital. Dr. Gourlay is an international expert and lecturer on urine drug testing in primary care and

specializes in pain and chemical dependency. Dr. Gourlay is also the MRO for the Toronto Drug Treatment

Court and is certified as a Medical Review Officer by the American Society of Addiction Medicine and is

also a Diplomat of the American Board of Addiction Medicine.

1.4 Oversight of the Day-to-Day Operation of the DTCO UDT Program

The day-to-day oversight of the UDT program is a shared responsibility between SWCHC and RW.

SWCHC is responsible for all patient matters related to medical assessment, ordering and requisitioning of

tests, and the review of all tests. RW‟s responsibilities include monitoring participant compliance; reporting

and providing interpretation of results to the court and participants; liaison with SWCHC, Gamma-

Dynacare, and the MRO; and consultation with a suitably qualified laboratory technologist and/or the MRO

in situations that appear anomalous or otherwise confounding.

1.5 Illicit and Inappropriate Drug Use

Since any drug with mood altering properties, including alcohol, street drugs, prescription medications, and

many over-the-counter products have the potential for misuse/abuse or for acting as a relapse trigger; the

use of these drugs (unless taken in accordance with Section 4.2 of this document), may be considered either

illicit or inappropriate. Both types of drug use, whether reported or identified in a UDT, may result in the

participant‟s clean date being changed.

Illicit drug use is the use of alcohol and/or any drug(s) that is scheduled in the Controlled Drugs

and Substances Act (1996, c. 19) (CDSA); unless the drug(s) is/are prescribed to the participant by

a physician, obtained from a pharmacy, and taken in the manner prescribed. The use of any drug

that the participant has a legitimate prescription for, but obtains from anyone other than a health

care professional (i.e., buys or is given on the street), is also considered to be illicit drug use.

The use of the term inappropriate drug use in this document describes the ingestion of a CDSA

controlled prescription medication through a route of administration, and/or in a dosage other than

prescribed. The use of any over-the-counter product, regardless of how obtained, containing the

drugs listed in Appendix XX is also considered to be inappropriate drug use. Inappropriate drug

use is further described as the use of any drug for which the participant has a legitimate

prescription for but was obtained in a manner other than as described in Section 4.2 below.

31

2.0 Specimen Collection Procedures

2.1 Notification to Provide a UDT Specimen

Upon entry into the DTCO each participant is assigned one of five colours. Participants are required to call

a toll-free number every working day and listen to a recorded message that indicates the days colour and

provides information regarding the address and hours of the collection site (SWCHC). If the days colour

matches the participant‟s colour they are required to attend SWCHC to provide a specimen. It is the

participants responsibility to know the colour of the day. Colour selection is randomized and provided

annually by GD. The randomized list is stored electronically and password protected by the data systems

manager at Rideauwood. This system ensures that participants provide an average of one specimen per

week.

Some participants may be assigned more than one colour. In addition to the randomized colour of the day,

treatment may elect to select an additional colour to be called on any day. Participants may also be directed

by treatment staff or by the court to provide a specimen at any other time. At the discretion of treatment

some participants may be exempted from the colour notification method and be placed on a predetermined

regimen of providing two specimens per week. This method is usually employed for participants who are

struggling with providing honest reports of their substance use, or who believe the extra monitoring to be

helpful.

Also at the discretion of treatment, some participants may be exempted from the colour notification method

and placed on a once or twice per week schedule. This is typically only employed with participants who are

in the final stages of the DTCO program and whose work/school schedule conflicts with SWCHC hours of

operation.

It should be noted that Ministry of Health and Long Term Care billing guidelines limit each participant to

two (2) UDT per week. Payment for any additional UDT is the responsibility of the treatment provider;

therefore the ordering of any additional tests is at the discretion of RW staff.

2.2 Specimen Collection at SWCHC

Participants attend the Walk-in Clinic and notify reception staff of their arrival and their attendance is noted

in the clinic‟s daily log. The participant is provided with a specimen container affixed with a label that

indicates their name and the date of collection. The participant initials the label after verifying that the label

indicates the correct name and date. The participant urinates in the specimen container under the direct

observation of nurse or nurse practitioner (witnessed collection). The specimen container is then placed in a

ziploc bag along with a Gamma-Dynacare (GD) requisition and an entry is made in the participant‟s

medical chart indicating the date, time and reason for visit. The specimen and requisition are set-aside for

same-day pick-up by a GD courier. At the end of the business day, SWCHC sends an email to treatment

staff indicating all participants who provided specimens on that date.

2.3 Specimen Collection at Rideauwood

A specimen may be collected at the treatment centre by treatment staff if the participant has been exempted

from attending SWCHC for reasons of personal safety (this decision is made by the program manager and

only under the most serious circumstances); or if attending SWCHC conflicts with a treatment/work/school

schedule; or if a specimen has been requested at a time when SWCHC is closed. Specimens collected at the

treatment centre are not witnessed, however, the participant is required to empty his/her pockets, remove

his/her jacket/bulky clothing, and leaves any bags or purses outside the washroom, and a staff member

32

remains outside the washroom door at all times (observed collection). If treatment staff suspects a

substituted or adulterated specimen, they may require the participant to provide a second specimen under

the same procedure as above. Both specimens will be submitted for analysis with the first specimen being

marked “suspected adulteration/substitution." Participants verify container labeling as above and the

specimen is stored in a refrigerator at the treatment centre for same or next-day pick-up by a commercial

courier for same-day delivery to SWCHC where they await pick-up by a GD courier.

It should be noted that this method of collection is not strictly limited to the treatment centre, but may also

occur at the participant‟s residence, the courthouse, place of work, or any other place that treatment staff

deem appropriate.

2.4 ‘Suitable for Analysis’

All DTCO participants have a Release Condition requiring them to: provide on demand a personal sample

of urine, suitable for analysis, in manner, time and place as directed by the RAFS [RW]. A specimen is not

suitable for analysis when it is dilute (as the result of consuming volumes of water or other fluids), contains

an adulterant, is not the correct temperature, or when the participant is prescribed other medication(s) that

make the detection of his/her drug of choice difficult or impossible.

2.5 Adulteration/Substitution Policy

Any participant who tampers with a urine specimen, such as asking another person to provide urine for

his/her UDT; and/or provides urine for another participant‟s UDT; and/or attempts to adulterate a specimen

with a foreign substance; and/or ingests a masking agent is subject to sanction by the court at the Judge‟s

discretion. These breaches are considered to be particularly egregious and the Judge may make a

determination of removal from the DTCO based on this offence alone.

3.0 Missed or Refused UDT Policy

Any participant who fails to provide a specimen when their colour has been called or it is their designated

day to do so is said to have a missed UDT and may be subject to sanction by the court with the sanction to

be determined by the Judge. Treatment may indicate that the UDT was missed for a valid reason such as

verified illness or a scheduling conflict. In these cases, the missed UDT will be noted on the court Progress

Report with an explanation and the participant will not be subject to sanction.

Any participant who is directed to provide a specimen and refuses or fails to do so is said to have a refused

or missed UDT and is subject to sanction by the court with the sanction being determined by the Judge. The

Judge may consider a refused UDT to be a more aggravating circumstance than a missed UDT and sanction

accordingly.

In an attempt to conceal drug use, participants may claim to have attended SWCHC to provide a specimen

when they have not. When the participant report and the SWCHC report are conflicting, the matter will be

resolved by whether or not Gamma-Dynacare received a specimen for the date in question. If it is

determined that the participant did not provide a specimen then he/she is subject to a sanction for both

dishonesty and a missed UDT, with the sanction to be determined by the Judge.

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4.0 Reported Use Policies

4.1 Timely Reporting Policy

In order to make an accurate comparison of participant‟s UDT results with their reported use, an accurate

accounting of their substance use is required. Participants are required to attend the treatment centre to

complete a „reported use‟ form (Appendix I) by no later than 9:30 a.m. on the first business day following

any occurrence of substance use. This applies even to participants who are not scheduled to be at the

treatment centre on that date. It is required that completing this form is the first activity undertaken upon

arrival at the treatment centre. Participants may seek assistance from treatment staff if required. It is the

participant‟s responsibility to ensure that the information on the form is accurate and complete. The

form is immediately submitted to the DTCO program support staff on duty and copies are distributed to the

treatment team. The DTCO program manager will be responsible for attaching a copy of the form to the

participant‟s progress report for distribution to the court team. This completed form will be considered to

be an accurate reflection of the participant‟s self-reported use against which the UDT result will be

compared.

At the participant‟s next court appearance, participants will verbally report their substance use to the court

and the completed form will be used as a guideline to ensure that a) the substance(s) used, b) the date(s) of

use, c) the time(s) of use, and d) the quantities used are accurately reported and reflected in the court

record. The participant‟s documented narrative regarding the situation surrounding the use may be

discussed at the Judge‟s discretion.

Should the participant report his substance use at a time later then described above, he/she may be

sanctioned for Late Reporting. The sanction will be determined at the discretion of the Judge. Along with

other considerations, the severity of the sanction may reflect how much time the participant allowed to pass

before reporting his/her use.

4.2 Reporting of Prescription Medication for Acute Medical Needs Policy

NOTE: This section deals only with drugs that are prescribed by a physician in response to an acute medical need over a relatively

short course of treatment – not for participants who require ongoing pain management or psychotropic medication.

In some instances DTCO participants may require acute medical attention and require a prescription for a

drug with misuse liability as the result of injury, dental procedure, or another condition that necessitates

pharmacological intervention. Participants may receive a single dose of the drug in an emergency room,

during a medical/dental procedure, and/or receive a prescription following a visit with a doctor or a dentist.

In all cases participants are expected to obtain and provide to treatment staff a medical note that the drug

was administered and/or prescribed and also indicating that the health professional was advised by the

participant of their participation in an addiction treatment program. Participants who provide this

documentation will not have their date of last use affected, nor will they be sanctioned by the court.

Participants who report such use, but fail to provide this documentation will have their date of last use

changed. Participants who fail to report such use and subsequently receive a positive (+) UDT result may

have their date of last use changed and may be sanctioned for either an Inconsistent UDT result, or for Late

Reporting as the circumstances warrant. The sanction will be at the discretion of the Judge. ER ISSUE

NEEDS TO BE ADDRESSED.

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4.3 Ongoing Pain Management Policy

Preamble

Prescription Reporting

Review of medical condition and prescriptions

Storage

Pill counts

Double doctoring

Medical marijuana

The use of marijuana for medical purposes is prohibited

4.4 Psychotropic Medications Policy

Preamble

Prescription Reporting

Review of medical condition and prescriptions

Storage

Pill counts

5.0 Results and Interpretation Policies and Procedures

5.1 Result Reporting Procedure

UDT results are faxed from Gamma-Dynacare laboratories directly to the treatment centre, typically within

2-6 days (average = 4 days) of specimen collection. Every result is reviewed and initialed by the program

manager and entered into the UDT Spreadsheet by a data entry clerk. Results are reported to the court team

on the next Progress Report. A copy of the laboratory report and a completed UDT Result Form (Appendix

III) are provided to the court team for any result that is positive for a non-medically prescribed drug. Both

the Progress Report and the UDT Result Form indicate if a positive result matches or differs the

participants self-report of drug use. If a result requires further interpretation a notation of „under review‟

will appear. Any positive result that is deemed to match the clients self-report, but is contrary to the drug

detection window or the clients self-report will be accompanied by an explanation (i.e., cross reactivity,

dose, or an individual‟s medical condition).

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5.1.1 Exceptions to Result Reporting

In order to protect the personal health information of DTCO participants, only UDT results for drugs of

abuse will be reported to the court. Prescription medications such as antidepressants, antipsychotics,

antibiotics, etc, will not be reported. REVIEW

5.2 Passive ingestion Policy

Drug Treatment Court does not accept any form of passive ingestion such as second hand smoke,

adulterated drinks or foods, or adulterated drugs (i.e., marijuana or tobacco cigarettes that contain cocaine)

as an explanation for unreported substance use that results in a positive UDT result. During orientation it is

clearly explained to all participants that they are responsible for all substances regardless of how they

ingest them. It is also clearly explained that they must report to treatment staff all prescription medications,

over-the-counter medications, and any remedies or supplements that they ingest. It is clearly explained to

all participants that they are prohibited from consuming any foods that contain poppy seeds as they may

result in positive (+) UDT for opiates. Participants who test positive (+) for drugs not previously reported

may be sanctioned for an Inconsistent UDT Result with the sanction to be determined by the Judge.

5.3 Over-the-Counter Products Policy

Since some over-the-counter products contain drugs of abuse (particularly cold and allergy remedies), the

use of these products is considered to be inappropriate drug use. Even if the participant has no history of

abusing these drugs, they may lead to a new dependence (drug substitution), or may cause the participant to

experience effects similar to their drug of choice and increase the likelihood of relapse to street-drugs or

their drug of choice. Of particular concern are products that contain the drugs pseudo/ephedrine, codeine,

alcohol, etc. Participants are provided with a list of over-the-counter products (see Appendix ) that contain

these drugs, and if in doubt, are expected to consult with the pharmacist before taking any products that

might contain these drugs.

5.4 Drug Detection Window Policy

The Drug Detection Window is the amount of time, following the last substance use that a UDT will detect

the presence of that substance. While the drug detection windows listed in section 5.4.2 set out reasonable

and pragmatic science based guidelines for the vast majority of case adjudications; some cases may require

further interpretation as there are a number of medical and clinical factors that need to be considered. The

factors that need to be considered for interpretation include:

Quantity and Duration

Ingesting large doses of a drug in a short time, or ingesting moderate doses over a period of several

days may increase the window of detection.

Impairment

Participants who become highly intoxicated may not be able to give an accurate account of their drug

taking. They may be unable to accurately estimate the time or even the date when they last ingested a

drug. They may be unable to recall the quantity used, and may not even be able to identify all of the

different drugs that they ingested during a given period.

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Purity

While it is impossible to assess the purity of a drug once ingested, it needs to be recognized that drugs

are produced with different levels of purity or may have their purity reduced after being „cut‟ with

other substances, therefore, the purity of a drug may affect the window of detection.

Individual Metabolic Rates

While it is impossible to assess the individual metabolic rate of each participant, it needs to be

recognized that individual metabolism affects the window of detection.

The Clinical Context

As described in section 1.1 of this document, while drug testing is employed to objectively assess

participant honesty, it is also used to assess progress (or lack of) and to provide an opportunity for

clinical intervention if required. Urine drug testing is not intended to be applied as a „gotcha‟ tool with

the function of providing opportunity for the court to impose a sanction. In cases where one or more of

the factors listed above may be particularly relevant, it may be prudent to consider a liberal

interpretation of the results while remaining within the guidelines. Additionally, if the participant is in

fact being dishonest about his/her use, it is very likely there will soon be another occasion where the

results can be more clearly interpreted without contest.

Therefore, while the detection windows listed in 5.4.2, provide reasonable and pragmatic guidelines, some

instances may require interpretation within the context of the factors listed above. As indicated in section

1.4 of this document, treatment staff (specifically the Program Manager and/or Director) will provide

interpretation of UDT results. In situations that treatment staff believe to be particularly anomalous or

otherwise confounding they will consult with a suitably qualified laboratory technologist or the Consulting

MRO to assist in making a decision.

If a participant tests positive (+) for illicit or inappropriate use of a drug and the results are interpreted to

be beyond the window of detection – but he/she is not reporting any new use of that drug – he/she may

have his/her date of last use changed and be subject to a sanction at the discretion of the Judge.

5.4.1 Cannabinoids

Cannabinoids frequently pose a problem in case adjudication as they are a common drug of abuse, are lipid

soluble, have a lengthy half-life, and are a common drug of relapse. The problem is further compounded by

the discord in the scientific literature surrounding elimination times. While the literature is somewhat

consistent in its treatment of occasional use (1-5 days), there is considerable variation regarding chronic

heavy use with a range between studies of anywhere from 10 to 77 days.

DTCO has established a window of detection for chronic cannabinoids users of 30 days as this is the most

commonly accepted window. Study subjects with exceptionally long cannabinoids detection times (30-plus

days) were just that – exceptional, furthermore, studies reporting these extended windows were not

particularly robust or rigorous in their methodology. Studies reporting considerably shorter times, while

compelling in their methodology and finding are of limited number and until further research supports these

findings, they should be treated cautiously – particularly where an individual‟s liberty is at jeopardy.

Therefore, a 30 day window of detection is considered to be reasonable and pragmatic in the drug treatment

court setting.

The only timeframe in which a participant‟s chronic heavy cannabinoids use, leading to an extended

window of detection is relevant is the period immediately following their cessation of chronic heavy use.

While the DTCO does not sanction participants for relapse, it is a reasonable expectation that chronic heavy

37

use will cease quickly upon entry into the program. For this reason, the 30 day window of detection will

take effect 15 days following entry into the program for participants who have reported chronic heavy

cannabinoids use during their initial assessment. This allows new participants 15 days to cease chronic

heavy use and an additional 30 days to provide a UDT result in which cannabinoids (THC) are not

detected. This also allows a generous period of time (45 days) for participants who may cease chronic

heavy use early upon entry into the program but have chronically abused cannabinoids prior to entry. This

period may be shortened if a participant is able to establish an actual baseline by producing two urine

specimens back-to-back (collected at least seven days apart) in which THC is not detected.

Following this initial timeframe, participants will not have the opportunity to return to chronic heavy use to

the extent that would require the extended window of detection and the only acceptable window of

detection will be for occasional use.

5.4.2 The Detection Windows

Substance Detection window Level of detection (ng/ml)

Benzodiazepines

Infrequent user 3 days

Chronic user 4 to 6 weeks

Cocaine metabolite (BEG) 2-3 days (up to 5

days for heavy

doses)

Cocaine 3 hours

Cannabinoids (THCA)

Occasional use 1-5 days (up to 10

days for a relapse of

1 week or longer of

daily use)

Chronic use 45 days from entry

or at an actual

baseline

Oxycodone 2 days

Ethanol 12 hours

6-AM (Heroine metabolite) 3 days

Amphetamine 4 days

Cocaine Same day use

Codeine 3 days

Hydrocodone

Hydromorphone

Methamphetamine 4 days

Morphine 3 days

Pseudo/ephedrine

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5.5 Contested Results Policy

All DTCO participants have agreed to accept the validity of UDT results (Ottawa Drug Treatment Court

Consent and Waiver); however, participants may attempt to conceal illicit substance use by denying

positive (+) UDT results.

Should a participant contest a UDT result, the original specimen will be retested and specimen identifiers

verified. The request for retesting must be made by the participant at the first court appearance following

notification of a positive result, or treatment staff may elect to request a retest. GD only retains specimens

for 2 weeks. Where indicated, treatment staff will review the participant‟s records and interview the

participant to determine if any prescription, over-the-counter products were recently consumed that may

have caused a false positive result. Treatment staff may also consult a qualified toxicologist or medical

review officer if they deem it warranted. Notwithstanding any such consultation, the re-test results will be

deemed final. DTCO reserves the right to limit the number of retests ordered by any one participant.

If the results continue to contradict the participant‟s self-report, the participant may be subject to sanction

for an inconsistent UDT result and the participant‟s clean date may be changed based on the next negative

UDT result. The nature of the sanction is at the court‟s discretion.

5.6 Participant’s Clean Date vs. Verified Clean Date

Participants self-identify their clean date as the day-after the last date that they used drugs or alcohol. This

is the date that participants may refer to at self-help groups and it is the date that DTCO accepts for short-

term rewards such as coffee cards and early leave. However, this date cannot be verified by UDT as most

drugs take additional days to metabolize and a participant might not be tested for several more days

following a reported use. Therefore, for the purpose of long or median-term goals such as meeting initial

early leave criteria and for graduation, the verified clean date will be based upon a negative (-) UDT result.

6.0 Sources:

United Nations Office on Drugs and Crime Report Informal Working Group on Drug Treatment Courts,

1999. Page 20.

Canadian Association of Drug Treatment Courts Website. DTC Program:

http://www.cadtc.org/program.asp

Urine Drug Testing in Primary Care: Dispelling the Myths and Designing Strategies. Gourlay, D., Heit, H.,

Caplan, Y., 2002, PharmaCom Group, Inc.