Participant Handbook - South Dakotaujs.sd.gov/uploads/drugcourt/PenningtonCountyDUICourtHandbook.pdf · Antacids | Gas Relief ... (with treatment completion certificate and proof

Participant Handbook

Pennington County DUI Court (605) 394-2595

The use of any chemicals (alcohol and/or drugs)

will not be tolerated.

Welcome to DUI Court! DUI Court is designed to promote self-sufficiency and to assist you

in becoming a productive and responsible community member,

but the choice to become drug and alcohol free depends on you.

A team of professionals will provide supportive services and guide

you during your time in the DUI Court program. You will be

provided with the best opportunity to make changes, re-balance

your life, and move forward on a positive path.

This handbook will provide you information about DUI Court and

what is expected of you as a participant. You are responsible for

reading this handbook carefully and following all guidelines or

instructions listed.

** Updated February 2018 **

The content of this handbook may be modified at any time. You will be notified of any changes to your program responsibilities.

Benefits of Participating in DUI Court

You will be clean and sober

You will have a stable, productive lifestyle

You will have found employment or be

furthering your education

You will have improved your physical and

mental health

You will be a contributing member of society

You will have addressed all of your legal

obligations

Participant Rights By agreeing to participate in DUI Court, you have waived

your right to traditional Court proceedings (disputing

search/seizure/traffic stop, preliminary hearing, trial by jury

or court, etc.).

Your participation in DUI Court gives permission to your

treatment counselors to provide treatment information to

the DUI Court team.

Because DUI Court is open to the public, we cannot predict

whether or how the news media may use your identity and

cannot prevent them from disclosing it or other information

which is public record.

DUI Court Schedule

DUI Court Team Meetings: 8:15 AM-10:00 AM on

Wednesdays

Pennington County Courthouse

Closed to the public

DUI Court Sessions: 10:00 AM-12:00 PM on

Wednesdays


Open to the public

Courtroom Rules

1) Be on time.

2) Dress appropriately.

· No hats, caps, bandanas, or do-rags · No bare feet or slippers

· No drug/alcohol logos · No gang attire

· No sweatpants · No sagging pants

· No underwear or bra straps showing · No sunglasses

· No short shorts (even in summer) · No mini/micro skirts or dresses

· No tank tops, muscle shirts, or unbuttoned shirts

· No low-cut tops, crop-tops, see-through blouses, tube tops, or halter tops

3) Stand when the Judge is talking to you.

4) All phones in the courtroom must be turned off!

5) No sleeping.

Courtroom Rules (cont.) 6) Food and beverages are not allowed in the courtroom.

7) Sit with the other participants.

8) Do not approach the bench unless okayed by the Judge or

asked by the Judge.

9) It is forbidden to be under the influence of any beverage

and/or illicit drug.

10) Be respectful toward the Judge, the DUI Court team, and

the other DUI Court participants.

11) Be supportive and show encouragement to your fellow

DUI Court participants by applause.

DUI Court Rules TREATMENT — Show up, be honest, and try.

* You treatment plan is developed by you and your treatment providers

* You will participate in addiction and/or mental health treatment as needed

* You will participate in group and/or individual treatment sessions as needed

* Remember… Everyone needs a different level of treatment

* Remember… Everyone heals and learns at a different pace

COMPLIANCE — Follow all requirements of DUI Court program

and all reasonable requests from the DUI Court team.

TELEPHONE COMMUNICATION — Have a working telephone at

all times. Maintain regular contact with your probation officers

and treatment providers.

**Failure to follow these rules may result in a sanction or termination from DUI Court**

DUI Court Rules OFFICE VISITS — Show up and be on time for all probation

appointments.

FIELD VISITS — You will be visited by your probation officers

day or night and with or without notice. You may be drug and

alcohol tested.

EMPLOYMENT — Tell the DUI Court team where you are

working and what your work schedule is. You will need to work

32+ hours per week. If you are not working you will be in

school or doing community service. DO NOT change jobs

without permission from the DUI Court team first.


DUI Court Rules COURT ATTENDANCE — Attend as directed and be on time. Be

on good behavior and dress appropriately. You will have the

opportunity to talk with the Judge. You may receive incentives

(rewards) for good behavior and sanctions for bad behavior.

*See Courtroom Rules

COLLATERAL CONTACTS — The DUI Court team will be

communicating with everyone involved in your life (significant

others, friends, family, employers, doctors, counselors, etc.).


DUI Court Rules LIVING ARRANGEMENTS — Tell the DUI Court team where you

are living and who you are living with at all times. DO NOT

move or have guests/visitors/roommates without permission

from your probation officers first.

ASSOCIATIONAL LIMITS — Your probation officers will pre-

approve your associates list. Do not associate with people on

felony probation or parole or with people with charges pending.

Do not associate with law-breaking, violence-prone, or drug/

alcohol using people. If needed, the DUI Court team may limit

or restrict your contact with certain people.


DUI Court Rules CHEMICALS AND SUBSTANCES — Do not use or have any mood-

altering chemicals or illegal substances on you, in your home, or

in your vehicle. This includes alcohol! Do not enter any

places where alcohol is the primary sale.

SEARCH AND SEIZURE — Your blood/breath/urine and person/

possessions/vehicle/residence will be searched frequently and

randomly for controlled substances, alcohol, drug paraphernalia

by your probation officers. Law enforcement may complete

searches at your probation officer’s request. You may be

searched by your treatment providers while on treatment

provider property.


DUI Court Rules PRESCRIPTION MEDICATIONS — Tell the DUI Court team about

all prescription medications you are taking. DO NOT misuse

them.

* Tell your doctor you are in DUI Court.

* Seek non-narcotic alternatives with medical providers and treatment.

OVER-THE-COUNTER MEDICATIONS — Get permission from the

DUI Court team before taking over-the-counter medications

or herbal remedies. DO NOT misuse them.

SAFE AND RELIABLE (if taken as indicated on the label) DO NOT TAKE

Pain Relief/Analgesics: Tylenol, Aleve, Aspirin, Ibuprofen, Excedrin, Naproxen, Midol, Pamprin Laxatives: Metamucil, Miralax, Colace, Dialose, Ducusate Allergy: Allegra, Clarinex, Claratin,Alavert, Zyrten (*all non-decongestant) Cough/Cold: Mucinex, Tessalon Perles, Flonase, Nasacort, Nasonex, Saline Sprays Antacids | Gas Relief | Antibiotics | Antidepressants | Antifungal Products | Hemorrhoid Products | Asthma Medications | Dermatological Products | Eye Products | Ear Products | Fever Blister Products | Toothache Products | Sore Throat Products | Sunscreens | Topical Creams | Vaginal Products | Urinary Products

Sleep aids Narcotic pain relievers Barbiturates Benzodiazepines Over-the-counter caffeine or diet pills Medications containing Codeine Medications/mouthwash/topical products containing alcohol Tranquilizers


DUI Court Rules DRUG & ALCOHOL TESTING — You will be tested randomly and

frequently. Testing will be unannounced and inconvenient at

times. DO NOT refuse or interfere with testing.

* Have a working phone at all times to receive your testing notification.

* It is your responsibility to make sure the medication you are taking and the food/

drink you are consuming will not interfere with testing.

* Unapproved medication is not an excuse for a “false-positive” test.

* If your test is positive but you deny use of substances, the sample will be sent for

confirmation testing at your own expense.

* You will be sanctioned for failure to follow testing requirements (failure to report,

failure to produce a urine/saliva/breath sample, producing a diluted or masked

sample, interfering with testing, etc.)

* Do not associate with people who are using drugs or alcohol or expose yourself

to passive inhalation of second-hand smoke.


DUI Court Rules RECOVERY SUPPORT GROUPS — Attend at least 2 meetings per

week and get verification to the DUI Court team.

COMMUNITY INVOLVEMENT — Be involved in positive activities

within your community. Complete a 40-hour community

service project before Graduation.

LAWFUL BEHAVIOR — Follow all laws. Do not threaten anyone

or commit any acts of violence. Do not possess any weapons.

Report any contact with law enforcement immediately, even

if the contact was not your fault.


DUI Court Rules ABILITY TO PLAN — Continually update and follow your daily

planner.

FINANCIAL DOCUMENTATION/PLANNING — Develop and follow

a budget and live within your means. Make monthly payments

toward treatment costs, restitution, and Court fees/fines/costs.

Your financial documentation may be requested.


DUI Court Rules DRIVING — You have lost your privilege to drive due to your

felony DUI conviction. Work Permits are considered on a case-

by-case basis and issued at the DUI Court’s discretion. Driving

without a Work Permit and driving outside the

bounds of a Work Permit are both grounds for

termination from DUI Court.

Requirements To Request a Work Permit — * A minimum of 30 days in DUI Court

* A minimum of 30 days of sobriety

* Complete a Court-approved addiction treatment program

* Have an SR-22 and proof of insurance

* Participation in the 24/7 Sobriety Program

* Written Special Request to the team (with treatment completion certificate and proof of

insurance attached)

* DUI Court Judge approval

* Sentencing Judge approval


Incentives When you appear for your DUI Court session, you may be given

an incentive to reward you for positive progress and/or good

behavior:

+ Honesty + Adjusting to the program

+ Accomplishing goals + Finding a sponsor

+ Having a positive attitude + Avoiding temptation to use

Incentives can include (but are not limited to):

* Applause * Medal to mark milestones

* Acknowledgement from the Judge * Fishbowl drawing

* Progression in the DUI Court program * Gift cards to local businesses

* Decreased Court attendance * Bus passes

* Decreased supervision * Paid minutes for cell phone

* Group incentives * Commencement

Sanctions Sanctions are used in response to negative progress/behavior.

The seriousness of the violation determines the severity of the

sanction. Dishonesty Missing or being late for appointments

Disrespectful behavior Missing or being late for a UA/PBT

Failure to maintain a daily planner Interfering with a UA/PBT

Failure to attend support groups Testing positive on a UA/PBT

Sanctions can include (but are not limited to):

* Verbal reprimand * Community service work

* Writing assignments * In-Court apology

* Increased drug testing * Stricter curfew

* Increased supervision * Restricted Monitoring

* Increased Court appearances * House Arrest

* Delay in phase progression * Incarceration

* Phase demotion * Termination from DUI Court

Therapeutic Adjustments Therapeutic Adjustments are treatment-oriented

consequences for substance use early in the DUI Court

program. If you are struggling to achieve sobriety but are

otherwise compliant with the DUI Court program, therapeutic

adjustments will be made based on recommendations of your

treatment providers.

Therapeutic Adjustments can include (but are not limited to):

* Increased self-help meetings * Increased Court appearances

* Increased drug/alcohol testing * Increased treatment intensity

* Completion of treatment workbooks * Additional assessments or evaluations

* Journaling * Modification of treatment plan

* Motivational Interviewing exercises * Residential treatment

* Evaluation for possible medication

DUI Court is a 4-phase, highly structured

program. Each phase helps you grow and heal. In order for

you to advance in phases you must participate in treatment,

attend court, be compliant with your probation officers, and

have all fees up to date.

All phases must be successfully completed for graduation.

REMEMBER: Everyone

moves forward at a

different pace!!

Phases

Phase 1 Checklist Come to DUI Court weekly

9:00PM-5:00AM curfew

Frequent and random drug tests

Follow all DUI Court directives

Attend and participate at all treatment

sessions

Attend at least 2 recovery support

meetings each week

Find a sponsor

Start changing people, places, and

things

Identify and use positive supports to

help you

Maintain your daily planner

Find a stable home

Find a full-time job, go to school, or do

community service

Develop a budget

To apply for Phase 2:

Minimum 90 days in Phase 1

Minimum 45 days of continuous sobriety

Engaged in treatment

Compliant with supervision

Phase 2 Application

DUI Court team approval

Phase 2 Checklist Come to DUI Court bi-weekly

10:00PM-5:00AM curfew




sessions


meetings each week

Maintain a sponsor and begin working

a recovery support program

Demonstrate changing people, places,

and things

Continue to identify and use positive

supports to help you


Maintain a stable home

Maintain a full-time job, go to school,

or do community service

Follow a budget






Phase 3 Application


Phase 3 Checklist Come to DUI Court bi-weekly

12:00AM-5:00AM curfew




sessions


meetings each week

Maintain a sponsor and continue

working a recovery support program

Complete Step 4 and Step 5 with your

sponsor


and things







Follow a budget

Begin a 40-hour community service

project






Establishing pro-social activities

Establishing a recovery network

Phase 4 Application


Phase 4 Checklist Come to DUI Court monthly

12:00AM-5:00AM curfew




sessions


meetings each week

Maintain a sponsor and complete

satisfactory progress working a recovery

support program


and things







Follow a budget

Complete a 40-hour community service

project within 60 days into Phase 4 (if

the 60-day due date is missed, you are

not eligible to apply for the next

graduation)

To apply for Graduation:

See Graduation Checklist

Graduation Checklist To apply for Graduation:


Minimum 90 days of continuous

sobriety


Satisfactory progress toward

completion of your treatment program

Engaged in pro-social activities

Engaged in a recovery network

Satisfactory progress to pay court fees

on all current files

Satisfactory progress to pay all

treatment and program costs

Current on 24/7 Program payments

Acceptable full-time employment or

school attendance

*Disability or other hindrances to full-

time employment will be addressed

and considered by the DUI Court

team as needed

Acceptable housing

In DUI Court for at least one year

Pre-Graduation Life Plan


Participation in the DUI Court

graduation ceremony

Termination from DUI Court happens if you do not follow the

rules.

Reasons for termination can include, but are not limited to:

Abandonment of your treatment program Refusal to participate in the program

Violating the DUI Court rules Concern for public safety

Threat to the integrity of the program Commission of a crime

Failure to attend DUI Court sessions Drug distribution or DUI

Threatening, abusive, or violent behavior Tampering with drug/alcohol testing

Inability to pass drug/alcohol tests Failure to make progress

Any other grounds the DUI Court team finds sufficient for termination

VOLUNTARY REMOVAL — You may request removal from the

program at any time. If you abscond you will be considered to

have voluntarily removed yourself from the program.

Termination

Special Requests

• To ask permission for special

circumstances

• Examples:

Work permit

Late curfew

Change in living

arrangements

• Must be detailed and

include times/dates, where,

with whom, under what

circumstances, etc.

Holiday Plans

• To help you plan ahead

and think about what you

need to do to stay sober

during holiday times.

• To help the DUI Court

team know where to locate

you.


include locations,

activities/events, who will

be present, safety plan,

etc.

Trip Requests

• To ask permission to go on

overnight or out of area

trips.


include times/dates, trip

information, lodging

information, who you are

going with, how you are

getting there, safety plan,

etc.

Must be completed and submitted to Court Services by

Tuesday in order to be considered by the DUI Court on

Wednesday.

Written Requests

Important places for you to know!

Court Services Officers: Nick Baird | Tonia Fischer

Court Services Office


315 St Joseph Street

(605) 394-2595

24/7 Program

108 E Main Street

(605) 716-7366

ROADS Outpatient Treatment

103 E Omaha Street

(605) 348-8026

Behavior Management Systems

Mainstream Office

111 North Street

(605) 343-0650


Public Defenders Office

130 Kansas City Street Suite 310

(605) 394-2181

City/County Alcohol & Drug

Programs (Detox)

725 N Lacrosse Street #300

(605) 394-6128

Crisis Care Center

121 North Street

(605) 391-4863

Alano Society

325 Deadwood Ave N

(605) 342-9808

Health and Human Services

725 N Lacrosse Street #200

(605) 394-2156

Fountain Springs Church

Celebrate Recovery

2100 N Plaza Drive

(605) 343-4181


Department of Labor

2330 N Maple Avenue #13

(605) 394-2296

Salvation Army

621 E St Patrick Street

(605) 342-8849

Department of Social Services

510 N Cambell Street

(605) 394-2525

Cornerstone Mission

30 Main Street

(605) 341-2741

Consumer Credit

Counseling Services

2310 N Maple Avenue

(605) 348-4550

Food Bank

Feeding South Dakota

1111 N Creek Drive

(605) 348-2689

Other Important Contacts Name Phone Number Address

Other Important Contacts Name Phone Number Address

DUI Court Team Heidi Linngren — Judge

Ashlee May — Coordinator

Josh Satterlee — Prosecutor (State’s Attorney’s Office)

Ashley Parr — Defense Attorney

Nick Baird — Court Services Officer

Tonia Fischer — Court Services Officer

Roger Schriver LAC — Addiction Treatment (ROADS Outpatient Treatment)

Amy McGlade MA, LAC — Addiction Treatment (City/County Alcohol & Drug Programs)

Aimee Janvrin MA, LPC-MH, QMHP — Mental Health Treatment (Behavior Management Systems)

E. Jason Stamper MA — Mental Health Treatment (Behavior Management Systems)

Chief Deputy Willie Whelchel — Law Enforcement (Pennington County Sheriff’s Office)

Lieutenant Andy Becker — Law Enforcement (Rapid City Police Department)

Cathy Mattson — Community Member

Lila Doud — Community Member

Documents

Participant Handbook - South Dakotaujs.sd.gov/uploads/drugcourt/PenningtonCountyDUICourtHandbook.pdf · Antacids | Gas Relief ... (with treatment completion certificate and proof