Page: = Cover Page
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5th
Judicial District
Drug Court Program=
Standards
And
Practices
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TABLE OF CONTENTS:
FORWARD…=
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INTRODUCTION&=
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1.0 ELIGIBILITY……=
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2.0 IDENTIFICATION &
ASSESSMENT………………………&#=
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2A
ADMITTANCE
PROCEDURES………………………&#=
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3.0 TREATMENT & TREATMENT
PROVIDERS………………………=
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4.0 CASE MANAGEMENT &
SUPERVISION…...…………………̷=
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ISTARS…………&=
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5.0
EVALUATION………………………&#=
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6.0 PARTNERSHIPS/COORDINATION OF
SERVICES………………………R=
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7.0 DRUG
TESTING………………………̷=
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8.0 COST OF
9.0 <=
/span> SANCTIONS &
REWARDS………………………̷=
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10.0&=
nbsp; REMOVAL FROM
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ROOM…………………………&=
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GRADUATION……………………&#=
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EXHIBITS……………………R=
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FORWARD
The purpose of the following document is to provide a general framework of principles, policies and practices for the Drug Court Program in the 5th Judicial District. This structure of standards and pract= ices will:
§ Minimize duplication of efforts and ensure greater coordination among drug court team members in the supervised drug treatment programs for the 5th Judicial District;
§ Maximize coordination and sharing = of scarce treatment resources;
§ Strengthen efforts to obtain Feder= al and local funding; and
Facilitate development of coordinated long-range plans for financing drug court operations.
Developed through a consensus of involved agencies, the standards include all of the elements that are considered essential to the operation of a Drug Court Program in 5th Judicial District. Collectively, they represent a req= uired minimum program model. Specific practices are also described to provide examples of actions that should be taken to ensure conformity to program standards. The standards and practices described in this document are the product of experience in operating the county's first Drug Court Program th= at was implemented in April of 2001.
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INTRODUCTION
Based on an innovative pr=
ogram
that was first developed in
In 2001, during the first= regular session of the fifty-sixth Idaho Legislature, the “Idaho Drug Court Act” was enacted (Chapter 56, Title 19, Idaho Code) to establish drug courts in the district courts of the State of Idaho with the goal of reduci= ng the overcrowding of jails and prisons; reducing alcohol and drug abuse and dependency among criminal and juvenile offenders; holding offenders accountable; red= ucing recidivism; and promoting effective interaction and use of resources among = the courts, justice system personnel, and community agencies. Under this Act, a drug court coordinating committee established by the Supreme Court is charged with the= responsibility to devise a drug court implementation plan and oversee ongoing drug court programs. The Legislature als= o gave the Supreme Court the responsibility to administer, allocate, and apportion= all appropriations from the legislature for drug courts. Additionally, Health & Welfare= was given the responsibility to administer certain designated substance abuse treatment monies. This contra= ct will use the Health and Welfare monies allocated for Treatment providers.
In April of 2001 in the 5= th Judicial District judicial leaders along with criminal justice and drug treatment officials implemented first Drug Court Program in the 5th Judicial District Court.
Drug Courts represent a
non-traditional approach to criminal offenders who are addicted to drugs.
Rather than focusing only on the crimes they commit and the punishments they
receive,
Drug Courts are built upo= n a unique partnership between the criminal justice system and drug treatment community, one which structures treatment intervention around the authority= and personal involvement of a single Drug Court Judge. Drug Courts are also dependent upon the creation of a non-adversarial courtroom atmosphere where= a single judge and a dedicated team of court officers and staff work together toward a common goal of breaking the cycle of drug abuse and criminal behavior. Because of the uniq= ue
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2003
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Problems and opportunitie= s that present themselves in working with drug involved criminal defendants, treat= ment and rehabilitation strategies must be "reality-based." Drug Court programs must therefore recognize that:
§ Addicts are most vulnerable to successful intervention when they are in the crisis of initial arrest and incarceration, so intervention must be immediate and upfront.
§ Ensuring communication and ensuring offender accountability are of critical importance, so court supervision mu= st be coordinated and comprehensive.
§ Addiction to drugs is a long-stand= ing, debilitating condition, so treatment must-be long-term and comprehensive. <= /p>
Addiction to drugs seldom exists in isolation from =
other
serious problems that undermine rehabilitation, so treatment must include o=
ther
available services and resources such as educational assessments, vocational
assessments and job placement.=
§ Relapse and intermittent progress =
are
part of the recovery process, so sanctions and incentives must be integral =
to
the
Although individual Drug Court Programs will vary, the= goals common to all are to:
Ø Reduce Participant contacts with t= he criminal justice system;
Ø Reduce costs associated with crimi= nal case processing and re-arrest;
Ø Reduce jail overcrowding;
Ø Introduce Participants to an ongoi= ng process of recovery designed to achieve total abstinence from alcohol, abus= e of prescription medication, and illicit /illegal drugs; and
Ø Promote self-sufficiency and empow= er substance abusers to become productive and responsible members of the community.
SECTION # 1.0
Eligibility
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STATE RECOMMENDATIONS
&nbs=
p;
&nbs=
p; CHAPTER
19-5604. ELIGIBILITY
No person has a right to be admitted into drug court. The drug court in each county shall determine the eligibility of per= sons who may be admitted into drug court except that each candidate prior to bei= ng admitted must undergo:
a)
b)
5th JUDICIAL
As per the Idaho State Sena= te Bill No. 1171, the drug court for the Fifth Judicial District shall determine the eligibility of persons who may be admitted into drug court except that each candidate prior to being admitted must undergo:
a) Substance abuse assessment (A= SAM)
b) Criminog= enic risk assessment
Each county prosecutor with= in the Fifth Judicial District will also make recommendations for entrance on the potential candidate based on their criminal background and current offence.=
The Fifth Judicial District= ’s Drug Court Team, consisting of the presiding Judge, a Prosecutor from each county in the district if they desire to attend Staffing, Drug Court Coordinator, Treatment Providers, and Mental Health Providers as well Proba= tion & Parole will review each candidate’s assessments in order to determine eligibility.
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STATE RECOMMENDATIONS:
&nbs= p;
CHAPTER
19-5604. ELIGIBILITY
No person shall = be eligible to participate in drug court if:
(A) <= /span>The person is currently charged with, has pled or has been adjudicated or found guilty of, a felony crime of violence or a felony crime in which the person used either a firearm or a deadly weapon or instrument.
(B) &n= bsp; The person is currently charged with, or has pled or been found guilty of, a fe= lony in which the person committed or attempted to commit, conspired to commit, = or intended to commit a sex offense
5TH JUDICIAL
As per Idaho State Senate B= ill No. 1171, no person shall be eligible to participate in drug court if:
A) &n= bsp; The person is currently charged with, has pled or has been adjudicated or found guilty of, a felony crime of violence or a felony crime in which the person= used either a firearm or a deadly weapon or instrument.
B)
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&nbs=
p; The
eligibility of any Person who has been charged more than once but not &=
nbsp; convicted
of a &n=
bsp; violent
crime or sex offense will be determined by the
The
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STATE RECOMMENDATIONS:
&= nbsp; Each drug court will define its target population, identify the characteristics = of that target population, including criminogenic = risk and needs, and establish written criteria for drug court acceptance and exclusion.
5TH JUDICIAL
TARGET POPULATION
The target population of t=
he Fifth
Judicial District Drug Court is nonviolent, felony drug or DUI adult offend=
ers,
older than 18 years of age, th=
roughout
the Fifth Judicial District who have a felony drug case or felony DUI case
pending; that do not have signific=
ant
prior criminal records; and who have not been convicted of a serious drug
offense previously.
Those offenders who are el= igible for the Fifth Judicial District Drug court are those who score an 18 or hig= her on the LSI for criminogenic risk, placing them = in the medium to high criminogenic risk category, and = those who meet substance abuse assessment criteria.
Those offenders who are el= igible for the Fifth Judicial District Drug court must be residents of the Fifth Judicial District or those who are recommended to transfer from another Judicial District.
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STATE RECOMMENDATIONS:
&= nbsp; Procedures are encouraged to identify eligible individuals quickly, screen them as soo= n as possible, advise them about the program and the merits of participating, and place them promptly in the drug court in order to capitalize on a triggering event, such as arrest, which can persuade or compel Participants to enter a= nd remain in treatment.
5TH JUDICIAL
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From the time of recommend=
ation to
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STATE RECOMMENDATIONS:
&= nbsp; Participants are not excluded from drug court admission solely because of prior substance abuse treatment failures or a current lack of demonstrated readiness for treatment.
5TH JUDICIAL
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Screening for past substan= ce abuse treatment and a current lack of demonstrated readiness for treatment are not part of the entrance process for the Fifth Judicial District Drug Court Program. Therefore, past fail= ures or lack of readiness are not taken into consideration when a defendant want= s to enter the Fifth Judicial District Drug Court Program.
SECTION: = #: 1.6
EFFECTIVE= DATE:
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STATE RECOMMENDATIONS:
5TH JUDICIAL
Screening
Priority will be given to t=
hose
defendants who have been screened and found eligible for
A ranking order is establis= hed based on the testing date of the LSI.
THIS DOES NOT CONSTITUTE A =
WAITING
LIST AND ENTERANCE OF PLEA WILL NOT BE HELD OFF IN ORDER TO “WAIT
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STATE RECOMMENDATIONS:
&= nbsp; Though payment of fees, fines, and/or restitution is an important part of Particip= ant treatment, no one, who is otherwise eligible, should be denied participation solely because of inability to pay, although graduation may be delayed until outstanding balances are paid.
5TH JUDICIAL
SEE SECTION # = PAYMENTS
1. The fee to enter
&nb= sp; = (See Entrance Procedures)
2. Failure to be current on fees coul= d constitute a sanction, however = ; treatment cannot be suspended.
&= nbsp; &nbs= p; 3. All Restitution & Drug Court fees must be paid in order for a participa= nt &= nbsp; to graduate.
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STATE RECOMMENDATIONS:
Cooperation amo= ng drug courts is encouraged, within the constraints of available resources, to facilitate transfer of eligible applicants or current Participants to the d= rug court that is most accessible to them, including arrangements for change in venue.
5TH JUDICIAL
TRANSFERS FROM OTHER DRUG C= OURTS
&= nbsp; A. A Participant may transfer from another jurisdiction as a self-pay &= nbsp; participant unless the Judge feels the need for them to enter under the Fifth &= nbsp; Judicial District Drug Court funding.
&= nbsp; B. Cost
&= nbsp; Reference Section 2 – Admittance Procedures/Costs
&=
nbsp; C. Change in venue must be approved b=
y
Due
to funding allocation by District, the
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STATE RECOMMENDATIONS:
&= nbsp; Because a high percentage of drug users also have a diagnosable mental illness, it is recommended th= at each drug court develop procedures to = ; identify participants with a mental illness, to refer them to an available mental health provider for evaluation and treatment, and to seek regular = input from that provider regarding the participants.
&= nbsp; Participants with a mental illness should be accepted and/or retained in drug court if the mental health evaluation indicates they are amenable to &= nbsp; the drug court model, including imposition of a reasonable range of sanctions and incentives.
5TH JUDICIAL
PERSONS WITH MENTAL ILLNESS=
The
Department of Health and Welfare Behavioral Health is the Mental Health provider f=
or the
SECTION # 2.0
IDENTIFICATION AND ASSESSMENT
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STATE RECOMMENDATIONS:
&= nbsp; Prospective drug court Participants should be identified through a &nbs= p; screening process designed to determine if they meet the drug court target population eligi= bility criteria. &nbs= p;
5TH JUDICIAL
&nbs= p; SCREENING PROCESS
Prospective
drug court Participants initially are identified by the county prosecutor’s office.
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STATE RECOMMENDATIONS:
&n= bsp; Screening procedures should include using consistent, written criteria and &= nbsp; standardized and validated instruments, where they exist.
5TH JUDICIAL
&nbs= p; SCREENING PROCEDURES
&nbs= p; &= nbsp; Established Screening Process:
&= nbsp; 1. Initially begins with the county prosecutor’s office
a. Screen for violent/sex offens= es
b. Screen for previous drug offe= nses / past criminal history
&= nbsp; 2. Once recommended by the prosecutor’s office and the judge, the &= nbsp; defendant meets with the Drug Court Coordinator's Office. The defendant &= nbsp; is then screened based on the following:
a. LSI score of 18 or higher to =
place
the defendant in the medium to higher risk category (The LSI is administere=
d by
the State of
b. Substance abuse assessment in written form received by the Drug Court Coordinator.
c. NCIC report for previous offe=
nses
(Obtained from the
d. Defendant must be a resident = within the Fifth Judicial District.
e. Funding must be available or a transfer with funding source.
f. Take the TCU Drug Scre= ening Test and qualify. (Coordinator administers this assessment)
g. Have a Mental Illness Screen= ing if the teams feels there is a need.
h. Defendant must have 3 clean =
UA'S
in a row before being accepted into
&= nbsp; 3. If the defendant meets the eligibility requirements, then he/she is &= nbsp; interviewed by the drug court team. The defendant is then either accepted = or denied.
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STATE RECOMMENDATIONS:
&= nbsp; Prospective drug court Participants should be initially assessed for &= nbsp; &nbs= p; &= nbsp; &= nbsp; substance use status using the TCU Drug Dependency Screen instrument &= nbsp; &nbs= p; (TCUDS) prior to acceptance into drug court.
5TH JUDICIAL
The 5th District= Drug Court Coordinator’s office administers the TCU Drug Screen to each individual applicant during the initial application process.
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STATE RECOMMENDATIONS:
Prospective drug court Participants should be screened for criminogenic= risk and needs, using the Level of Services - Revised (LSI-R) prior to acceptance into drug court, with a score placing them in the medium to high-risk category.
5TH JUDICIAL
&nbs= p; LEVEL OF SERVICES REPORT
All
prospective drug court Participants are screened using<=
span
style=3D'mso-spacerun:yes'> the LSI-R prior &=
nbsp; to
being admitted into the
Those Participants scoring an 18 or higher, placed in the medium to high criminogenic risk categories, are considered to meet the LSI eligibility requirements to enter the Fif= th Judicial District Drug Court.
&nbs=
p; =
;
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STATE RECOMMENDATIONS:
Particip= ants should be screened for mental illness using the (to be determined or developed) prior to acceptance into drug co= urt.
5TH JUDICIAL
The
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STATE RECOMMENDATIONS:
<= /span>The treatment plan for substance abuse or dependence will be based on a &= nbsp; &nbs= p; clinical assessment, performed by appropriately trained personnel, &= nbsp; &nbs= p; &= nbsp; including a structured, biopsyhcosocial evaluation and a determination of &n= bsp; = ; = the appropriate level of care, using current ASAM criteria.
5TH JUDICIAL
Prior to acceptance into th=
e
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STATE RECOMMENDATIONS:
<= /span>Participants should be initially and periodically assessed by both court and = &= nbsp; treatment personnel to ensure that treatment services and individuals are &= nbsp; &nbs= p; suitably matched with an intervention available through the drug court.
5TH JUDICIAL
Participant progress is ass= essed on a weekly basis by the treatment provider & drug court team. When the defendant has qualified for the next phase the treatment provider must revi= ew and update the treatment plan in the staff meeting prior to advancement. If participant does not show progress, service plans are reviewed and modified appropriately.
SECTION # 2A
Admittance Procedures
SECTION: #: 2A
EFFECTIVE DATE:
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STATE RECOMMENDATIONS
5TH JUDICIAL
PROCEDURES FOR ADMITTANCE:<= /p>
1. Prosecuting
Attorney reviews defendants’ cases to determine if the defendantsR=
17;
charges meet the appropriate charge criteria for
a. If
so, then the prosecutor recommends the defendant for
2. The Prosecutor makes his recommendation to the defendant’s primary Judge.=
3. The primary Judge discusses the Drug court program with the defendant. If the defendant is not interested= , then the proceeding continues in normal fashion.
4. If
the defendant would like to see if he/she qualifies for
5. The
Judge then informs the defendant to attend the
SECTION: 2A
EFFECTIVE:
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4. The Judge also informs the defendant of:
a. Program length
1. Treatment le= ngth - 1 year; and
2. ½ yea= r of aftercare meetings
b. Participant has to enter plea= of guilty to felony charge, which cannot be changed unless the program is successfully completed
c. Participant loses all constitutional rights in Drug court
1. Can be teste= d at any time for drug usage
2. House/car/pe= rson/effects can be searched at any time without a warrant and without Participant’= ;s permission
3. Participant = has to attend all meetings
a. Treatment
b. = 12-Step meetings
c. Court sessions
d. Any other new charges could g= et the Participant expelled back for sentencing after the Drug Court Judge reviews= the charges
e. Sanctions for non-compliance= , poor attitude, lack of participation, and any traffic law violations will be issued. The following is a pa= rtial list of behavior for which sanctions are possible:
1. Non-Compliance
2. New Charges
3. Poor Attitude
4. Positive Drug Tests or two di= luted drug tests
5. Missed Drug Tests
6. Missed Treatment Sessions
7. Lack of Participation
8. Missed 12-Step Meetings
9. Lack of Payment to Drug Court Program or Treatment provider
10. Participant is not attending required sch= ooling
SECTION: #: 2A EFFECTIVE D= ATE:
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11. Participant is not employed
12. Participant shows a lack of effort in participating in the program
13. Participant’s attitude is poor
14. Failure to complete previously ordered sa= nctions
This list is not exhaustiv=
e and is
representative only. It is su=
bject
to change per
f. Payment
1. Treatment
2. Drug testing=
fees $900.00
Approximate cost
3. Other possib= le fees
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A. extension of program
= &nb= sp; = &nb= sp; = &nb= sp; = B. other classes as directed
&nbs= p; &= nbsp; &nbs= p; g. Participant must have some = form of transportation in order &nbs= p; &= nbsp; &= nbsp; = to attend the required program meetings and court sessions.
4. The Drug Court Coordinator requests= and receives the LSI on the defendant from Probation and Parole.
5. The Drug Court Coordinator re= quests and receives a copy of the Treatment Provider’s assessment and treatm= ent program for the defendant. (See Exhibit #4)
6. The Drug Court Coordinator determines whether funding and space are available for the defendant and requests a NCIC Background check.
7. The Drug Court Coordinator pr= esents a report of the findings to the Drug Court Team during staffing.
8. <=
/span>The
Drug Court Team reviews the findings and the defendant’s activity in
attending
The Drug Court Team makes = the following recommendations:
a. Approved
b. = Approved, but funding is not available
c. Not Approved, did not meet qualifications
9. If b. or c. above, then the
original judge takes the plea of those not qualified and proceeds as if
If Approved, the original = judge:
a. Takes guilty plea and =
orders
the defendant to
(See Exhibit # 1)
10. If accepted, the defendant continues on t=
o
SECTION # 3.0
Treatment & Treatment Providers
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.1 &= nbsp; &nbs= p; &= nbsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATES:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES #
STATE RECOMMENDATIONS
Treatmen= t will be provided in programs approved by the Idaho Department of Health and Welfare under promulgated Facility Approval Standards, which= have been revised to address the needs of drug court Participants.
.
5TH JUDICIAL
Any 5th District
Treatment Provider must meet Health & Welfare guidelines to provide the
treatment to
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.2 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
3.2 Treat= ment is primarily intended for individuals assessed as being of medium to high <= span class=3DSpellE>criminogenic risk.&n= bsp; Low risk individuals should not be treated in drug court without documentation of rationale and justification for their enrollment, or they should be treated in a specialized, substantially separate track designed f= or Participants with low composite criminogenic ri= sk.
5TH JUDICIAL
Participants of the
Reference: Section 2.2
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.3 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
3.3 Treatment should be provided=
to
address identified, individualized, criminogenic
needs.
5TH JUDICIAL
The LSI-R identifies the
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.4 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
3.4 Treatment should= be delivered based on a written manual that thoroughly describes the theoretic= al foundation of the treatment, assessment methods and criteria for selection of appropriate Participants, the type and format of services to be delivered, goals and objectives for treatment phases, and specific treatment activities to be us= ed to achieve the goals.
5TH JUDICIAL
Drug Court maintains a prog= ram manual that includes a treatment curriculum that is defined by the treatment provider and is compliant with ASAM criteria.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.5 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
5TH JUDICIAL
&nbs= p;
Cognitive Self Change class=
es are offered
to address criminal thinking patterns and are mandatory for all
All participants must compl=
ete CSC
I / II as well as other classes directed by the
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.6 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
3.6 Treat= ment should be designed and delivered to accommodate and address Participant sta= ges of change. Key players within the drug court should work together to engage Participants and motivate participation.&n= bsp; The consistent use of techniques such as motivational interviewing a= nd motivational enhancement therapy should be employed to reduce Participant defensiveness, foster engagement, and improve retention
5TH JUDICIAL
The 5th
The Drug Court Judge and st= aff address those individual needs weekly form the bench as well as during sepa= rate appointment’s.
The
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.7 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
3.7 Family treatment is encouraged as part of the treatment process to address pattern= s of family interaction that pose increased risk to re-offend, to develop family understanding of substance use disorders and recovery, and create an improv= ed family support system. Family member service needs are referred to appropriate community resources.
5TH JUDICIAL
The 5th
The 5th District
substance abuse treatment provider currently offers family therapeutic
treatment classes to each
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.8 = ; &n= bsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
3.8 Paren= ting and child custody issues and the needs of the children in the family are encouraged to= be incorporated into the treatment plan and addressed through the effective us= e of community resources.
&= nbsp;
5TH JUDICIAL
Parenting and child custod= y issues and the needs of the children are addressed by a co-operative effort of Fam= ily Court Services, Substance Abuse Treatment Provider family program, Division of He= alth & Welfare Child Protective Services as well as opportunities to attend = the Drug Court Strengthening Families Program. Information from all the above listed companies are intergraded into each individual’s service plan.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.9 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
3.9 Absti= nence is monitored through random, observed urinalysis or other approved drug tes= ting methodology that occurs no less often than twice weekly or ten times per mo= nth in phase 1 and 2 and no less often than once per month during drug court participation.
5TH JUDICIAL
See Section 7.0 DRUG TESTI=
NG
FREQUENCY of
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.10 = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
3.10
5TH JUDICIAL
The 5th
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.11 = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
3.11 = Treatment should consist of multiple phases, each with specific goals:
For example, a program could be organized as follows:
· =
Phase
I Orientation and Engag=
ement
Establ= ish abstinence, understand and accept that a substance use problem exists, demonstrate initial willingness to participate in treatment activities and comply with the conditions of drug court participation, establish an initial therapeutic relationship, and develop a plan for active treatment
&n=
bsp; · Phase II Intensive Treatment
Demons= trate continued efforts at achieving abstinence, develop understanding of substance use and offender recovery tools, including relapse prevention, develop understandin= g and ability to employ the tools of recovery and cognitive restructuring of crim= inal /risk thinking, develop the use of a recovery support system, and assume or resume socially accepted life roles including education or work and respons= ible family relations
· =
Phase
III Transition /
Community Engagement
Demons= trate continued abstinence, demonstrate competence in use of recovery and cogniti= ve restructuring skills in progressively more challenging situations, develop further cognitive skills such as anger management, negotiation, problem sol= ving and decision making, financial and time management, connect with other community treatment or rehabilitative services matched to identified criminogenic needs, demonstrate continued use of a community recovery support system, and demonstrate continued effective performance of socially accepted life roles.
· =
Phase
IV Maintenance /
Aftercare
Demons= trate internalized recovery skills with reduced program support, demonstrate abil= ity to identify relapse issues and intervene, complete any amends necessitated = from prior criminal and substance use behavior, and contribute to and support the development of others in earlier phases of the drug court treatment program= .
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.11 Cont. &n= bsp; = ; = &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
5TH JUDICIAL
SEE EXHIBI=
T #
6, PROGRAM OUTLINE
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.12 = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
= 3.12 Movement through = these phases of treatment should be based on progress and demonstrated competencies. Treatment inten= sity / phase assignment should be based on treatment need and should not be adjust= ed solely as a means of imposing a sanction for non-compliance.
5TH JUDICIAL
Participant must complete = all requirements of each phase, prior to movement to the next. Treatment intens= ity is determined by the assessment of the treatment provider according to the = needs of each individual. Phase adjustment may be made as a court sanction but is= not primarily used in that fashion.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.13 = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
&= nbsp; 3.13 Treatment service= s should be responsive to ethnicity, gender, age, and other characteristics of the Participant and should reasonably accommodate persons with physical disabilities, language or literacy barriers and transportation or childcare needs.
5TH JUDICIAL
Treatment services identif= y and are responsive to the individual needs of each participant. Bi-lingual serv= ices are offered and provided as needed. Treatment providers are required to be A.D.A. compliant. Other individual issues are addressed on an as needed bas= is.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 3.14 = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
&= nbsp; 3.14 Medications shoul= d be utilized in conjunction with treatment services if there is approved need.<= /p>
5TH JUDICIAL
MEDICATIONS
&nbs= p;
If medications are identif= ied as appropriate through participant’s physician or the Division of Behavi= oral Health they are then included as part of the participant’s treatment plan.
Note: All Participants’ medications are tracked on= the Drug Court ISTARS module.
SECTION # 4.0
CASE MANAGEMENT &
SUPERVISION
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 4.1 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS:
&= nbsp; 4.1 The d= rug court team should hold case meetings = &nb= sp; = &nb= sp; weekly to consider new applicants for drug court and to review = &nb= sp; the progress, behavioral compliance, and potential phase = &nb= sp; movement of current drug court Participants.
5TH JUDICIAL
Drug court case management =
meetings
are held on a weekly basis approximately two hours before the scheduled
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 4.2 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
4.2 Quarterly drug court team meetings should be held to provide for cross- disciplinary and team development training, quality assurance discussions, and problem solving.
&=
nbsp; Drug court team members are tho=
se
personnel who regularly meet, =
including
case staffing, to determine Participant acceptance into drug court, develop the service plan, mo=
nitor
progress, and determine sanctions &nb=
sp; and
phase movement or graduation.
= ; The drug court team includes, at a min= imum, the Judge, prosecutor, defense = attorney, probation/community supervision officer, treatment provider, and coordinator. It may also include mental health providers, health providers, &n= bsp; drug testing personnel, vocational services personnel, law enforcement &= nbsp; representatives and representatives of the community at large, if regular planned Participants.
5TH JUDICIAL
TOTAL QUALITY MANAGEMENT
Meetings are held quarterly= and planned by the Drug Court Coordinator.&nbs= p; All team members are required to attend. Other invited guests may attend as= well. These meetings are used to train, resolve problems, review and set policy if needed.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 4.3 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # NEW
STATE RECOMMENDATIONS:
4.3 = ; The judge will serve as the leader of the drug court team, and should maintain = an active role in the drug court processes including staffing, conducting regular sta= tus hearings, imposing behavioral rewards, incentives and sanctions, and assuri= ng development of consensus-based problem solving and planning.
5TH JUDICIAL
ROLE OF THE JUDGE
1. The Judge is in a unique position to ex= ert effective leadership in the promotion of coordinated drug control efforts.<= /p>
2. To en= courage full commitment to the success of a Drug Court Program, the Judge must allow program staff to participate fully in the design and implementation of the program.
3. Partnerships should be f= ormed between the Judges, all affected criminal justice agencies and the treatment providers which will allow collaboration in decision-making, sharing of resources and coordination of efforts.
4. The J=
udge is
responsible for maintaining a non-adversarial atmosphere in the
5. The J= udge must be one of the key motivational factors to convince the drug offender to seek rehabilitation. Less formal and more frequent court appearances must be scheduled to allow the judge to motivate and monitor the Participants.
6. The J= udge should conduct court such that all Participants benefit by observation of others as they progress (or fail to progress) in treatment and the Court ta= kes appropriate action.
7. The D= rug Court Judge must be willing to serve as program advocate and represent the = program in the community, before government and criminal justice agencies and other public forums and be willing to seek funding for the program.
8. All D= rug Court Reports are reviewed by the Judge.
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; SECTION:
#: &nbs=
p; 4.4 =
; &n=
bsp; =
; <=
/span> &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; EFFECTIVE
DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES #
STATE RECOMMENDATIONS
4.4 Commu= nity supervision / monitoring of compliance with the terms of drug court participation should play a significant role in the drug court program and should be performed by an official community supervision agent such as Idaho Department of Correction Probation Officer or County Misdemeanor Probation Officer.
5TH JUDICIAL
The 5th
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 4.5 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES #
STATE RECOMMENDATIONS:
4.5 Community supervision for Participants in Phase I and Phase &nb= sp; = &nb= sp; II of drug court should meet the following standards:
· Probation Officer should carry no more than 30 cases of participants in Phases I and II.
· Probation Officer should make a minimum of four contacts per month during Phase I and II
· Two of these mon= thly contacts should be field contacts, including home visits
· Probation Officer should make a minimum of one field contact per month during Phase III and as identified as needed by the team during Phase IV.
5TH JUDICIAL
The 5th
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 4.6 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES #
STATE RECOMMENDATIONS
4= .6 Each = drug court should have a written drug testing policy and protocol describing how= the testing will be administered, standards for observation, laboratory to be u= sed, procedures for confirmation, and process for reporting and acting on result= s.
5tH JUDICIAL
SEE SECTION 7.0 DRUG TESTING
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 4.7 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
4.7 Drug testing should be available on weekends
5TH JUDICIAL
SEE SECTION 7.0 DRUG TESTIN= G
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 4.8 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
4.8 A var= iety of responses (sanctions and incentives) of varying intensity are identified= for both compliance and noncompliance and are explained in writing and verbally= to Participants before their orientation and throughout their involvement in t= he drug court program.
5TH JUDICIAL
SEE SECTION 9.0 SANCTIONS A= ND REWARDS
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 4.9 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
4.9 Posit= ive responses, incentives, or rewards to acknowledge desired Participant behavi= or are emphasized over negative sanctions or punishment, striving to provide f= our positive reinforcements to each punishment.
5TH JUDICIAL
SEE SECTION #9 SANCTIONS AND REWARDS
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 4.10 = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
4.10 All members of th= e drug court team should maintain frequent, ongoing communication of accurate and timely information about Participants to ensure responses to compliance and noncompliance are certain, swift, and coordinated.
5TH JUDICIAL
WEEKLY REPORT
1. = The Drug Court coordinator compiles the reports from the treatment provider, mental health team member, and possible others
2. The Drug= Court coordinator provides a combined report to the Drug Team Members at the week= ly staffing meetings
3. The Drug Court client= s are responsible for self-reporting of residence, employment/school and 12 step meeting attendance. The information obtained keeps the client files updated= and accurate for court purposes.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 4.11 = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
4.11 The drug court wi= ll have a written policy and procedure for adhering to confidentiality requirements and all members o= f the team are provided with an orientation to the confidentiality requirements of 42 U.S.C.§290dd-2 and 42C.F.R. Part 2.
5TH JUDICIAL
&nbs= p; CONFIDENTIALITY
All drug court team members= adhere to the confidentiality requirements as written in 42 U.S.C. 290dd-2 and 42 C.F.R. Part 2.
All team members are also p= rovided with a copy of the confidentiality requirements of 42 U.S.C. 290dd-2 and 42 C.F.R. Part 2. (See exhibit # )
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: 4.12 &nbs= p; &= nbsp; &nbs= p; &= nbsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
4= .12 Participants shou= ld be provided with a copy of the confidentiality policy and procedure, written in language appropriate to the literacy and language of the Participant and the Participant must sign t= he Consent to Exchange Information that is necessary to enable necessary drug court team communications =
5TH JUDICIAL
CONSENT FORM
1. Copy signed and given when Participant is accepted into Drug &nb= sp;
Court.
2. Copy sent to treatment provid= er
3. Copy placed into Participant&= #8217;s drug court file
4. Copy sent to BPA
SECTION # 5.0
EVALUATION
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.1 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
5.1 Speci= fic and measurable criteria marking progress should be &n= bsp; established for each drug court Participant (i.e. abstinence, compliance with program requiremen= ts, participation in treatment, restitu= tion, etc.).
5TH JUDICIAL
This information is tracked= and maintained in ISTARS by the Drug Court Coordinator.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.2 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
5.2 Speci= fic and measurable goals for the overall drug court should be established and u= sed as parameters for data collection and information management.
5TH JUDICIAL
This information is establi= shed and tracked in the ISTARS system.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.3 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
5.3 Drug = Courts should utilize the ISTARS Drug Court Data &= nbsp; &nbs= p; &= nbsp; &nbs= p; Module to record Participant information and information on = &nb= sp; participation, treatment services, further recorded offenses, = ; &n= bsp; = ; phase movement and graduation.
5TH JUDICIAL
ISTARS DATA MODULE
1. All data= is being entered into ISTARS.
2. Currently working with the state to improve the Drug Court Module
&nbs= p;
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.4 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
=
5TH JUDICIAL PROCEDURES
&nbs= p;
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.5 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
5.5 A wide variety of timely and useful reports should be available for review by prog= ram leaders and managers with written guidelines employed to protect against unauthorized disclosure of sensitive or legally protected person= al information.
&= nbsp;
5TH JUDICIAL PROCEDURES
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; SECTION: #: &nbs= p; 5.6 = ; &n= bsp; = ; &n= bsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; REPLACES: New
STATE RECOMMENDATIONS
5.6 Drug = courts will provide utilization data to the Idaho Supreme Court promptly by the 10= th of the month. The utilization report provides the number of Participants active in drug court at the star= t of the month, the number of new admissions to drug court during the month, the number of drop-outs and graduates during the month, and the number of Participants &= nbsp; enrolled on the last day of the month. &n= bsp;
5TH JUDICIAL
&nbs= p; &= nbsp;
The 5th
&nbs= p; &= nbsp;
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.7 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
&= nbsp; 5.7 Proce= ss evaluations, to assess if treatment and other drug court operations are bei= ng implemented as intended, should be conducted throughout the course of the program, but particularly in the early stages of implementation.
5TH JUDICIAL PROCEDURES
&nbs= p;
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.8 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
5.8 Outco= me evaluations, using comparison groups, should be implemented to determine long-term effects of the drug court program.
&= nbsp;
&= nbsp;
5TH JUDICIAL PROCEDURES
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.9 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
5.9 Initi= al drug court intake information, using the standard format, is obtained for e= ach Participant screened to enter drug court. Complete intake information is obtained for all Participants enrolled in drug court. This data is entered into the ISTA= RS drug court module or maintained in a single hard copy file if the drug court module is not yet available. = This information is essential to evaluation of the effectiveness of the Idaho Dr= ug Courts.
5TH JUDICIAL
Participant information is =
obtained
on each participant at time of enrollment into the
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.10 = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
5= .10 The district cour= t of each county that has implemented drug court(s) shall annually evaluate the program’s effectiveness and provide a report to the Supreme Court, as requested.
5TH JUDICIAL
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.11 = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; = REPLACES # New
STATE RECOMMENDATIONS
5.11 &n= bsp; A client feedback evaluation should be conducted twice annually by each district/county drug court. &nbs= p;
5TH JUDICIAL PROCEDURES
The 5th
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.12 = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES #
STATE RECOMMENDATIONS
5.12 An annual report,= The Effectiveness of Idaho Drug Courts= will be presented to the Governor and the Legislature by the Idaho Drug Cou= rt Coordinating Committee, no later than the first day of the Legislative sess= ion.
5TH JUD=
ICIAL
This is an Idaho
Supreme Court function however, the
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.13 = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES #
STATE RECOMMENDATIONS
5.13 Evaluation results should be reviewed and used to analyze operations, modify program procedures, gauge effectiveness, change therapeutic interventions, measure and refine program goals, and make decisions about continuing or expanding the program.
5TH JUDICIAL PROCEDURES
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 5.14 = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
5.14 Evaluation results should be shared widely. &= nbsp;
&= nbsp;
5TH JUDICIAL PROCEDURES
SECTION # 6.0
PARTNERSHIPS / COORDINATION OF SER=
VICES
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 6.1 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES #
STATE RECOMMENDATIONS
&= nbsp; 6.1 = ; An Inter-branch Agreement provides the foundation for = &= nbsp; collaboration, working relationships, and operating policies = &nb= sp; and procedures between the Idaho Supreme Court and the = &nb= sp; = Idaho &= nbsp; Department of Health and Welfare and should be updated &n= bsp; = ; annually.
= ;
5TH JUDICIAL PROCEDURES
&nbs= p; Procedures outlined above are currently handled at the State level.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 6.2 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES #
STATE RECOMMENDATIONS
6.2 A Memorandum of Agreement should provide the foundation for collaboration, working relationships, and operating policies and procedures between the Id= aho Supreme Court and the Idaho Department of Correction and is updated annuall= y.
5TH JUDICIAL
Idaho Supreme Court maintai= ns these records.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 6.3 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
6.3 The
District / County drug courts should work to establish partnerships with pu=
blic
and private agenc=
ies
and community based organizations in order to generate local support and
5TH JUDICIAL
&nbs= p;
In the 5th Judic=
ial
District all team members are encouraged to help build community support fo=
r
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 6.4 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES #
STATE RECOMMENDATIONS
6.4 A loc= al coordinating or steering committee of representatives from organizations and agencies such as the court, community organizations, law enforcement, corrections, treatment and rehabilitation providers, educators, health and social service agencies, and faith community should meet regularly to provi= de guidance and direction to the drug court program and aid in the development= of needed resources and community understanding and support for the drug court= .
5TH JUDICIAL
Efforts are =
made to
include community resources for the development and support of
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 6.5 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
6.5 Using=
a
non-adversarial approach, prosecution and defense counsel should participat=
e in
all aspects of drug court processes in order to guarantee that both Partici=
pant
due process rights and public safety needs are served.
5TH JUDICIAL PROCEDURES
The 5th District= works with the Prosecutors & Defense Counsel to meet this recommendation.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 6.6 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
6.6 Quarterly drug court team meetings should be held to provide for cross disciplinary a= nd team development training for all members. The Judge, as team leader, is responsible for assuring participation.&nb= sp; The Drug Court Coordinator is responsible for assessing training nee= ds and arranging training.
5TH JUDICIAL
&nbs= p; SEE SECTION 4.2
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 6.7 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
6.7 An annual state training conference should be held.
&= nbsp;
5TH JUDICIAL PROCEDURES
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 6.8 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
&nbs= p; 6.8 Infor= mation on national and regional drug court training &= nbsp; &nbs= p; &= nbsp; opportunities will be disseminated to all drug courts, by the = &nb= sp; Stat= ewide Drug Court Coordinator.
5TH JUDICIAL PROCEDURES
The State Drug Court Coordi=
nator
advises and approves all training opportunities for the 5th
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: &nbs= p; 6.9 = ; &n= bsp; = ; <= /span> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES # New
STATE RECOMMENDATIONS
6= .9 An an= nual Drug Court Week observance will be held to publicize the effectiveness of d= rug courts and recognize the contributions of drug court supporters and resourc= es. &nb= sp; = &nb= sp;
&= nbsp;
5TH JUD=
ICIAL
1. Participate with State
&n= bsp;
2. Team involves steering committee to help observe
SECTION # 7.0
DRUG TESTING
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; SECTION: #: &nbs= p; 7.1 &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; EFFECTIVE DATE: July 1, 2003
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; REPLACES: New
STATE RECOMMENDATIONS
5TH JUDICIAL
&nbs= p;
CONTRACTING FOR PROVIDER
The 5th
SECTION: = #: 7.1 Cont.= &nb= sp; EFFECTIVE DATE:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES #: NEW
STATE RECOMMENDATIONS
5th JUDICIAL
Upon admission into the
Hours and location of testi= ng:
Burley
&nbs= p; Location: Misdemeanor Probation Department
&nbs=
p; &=
nbsp;
&nbs=
p; &=
nbsp;
&nbs= p; &= nbsp; Ph#: 878-7361
&nbs= p;
Hours: 7:30 a.m. – 10:00 a.m. ̵= 1; No Exceptions
&nbs= p; Location: Wienhoff Drug Testing
&nbs=
p; &=
nbsp;
&nbs=
p; &=
nbsp;
&nbs= p; &= nbsp; Ph#: 732-0260
&nbs= p; Hours: 7:00 a.m. – 10:00 a.m.
Preferred Provider contracts are reviewed annually. Contracts can be terminate by eit= her party upon written notification.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; SECTION: #: 7.2 &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; EFFECTIVE DATES:
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; REPLACES #: NEW
STATE RECOMMENDATIONS
&= nbsp;
5TH JUDICIAL
UA Testing Procedures
MALES:
1. Parti= cipants should remove jackets, coats, and large pocket items before entering the lavatory. Purses or other carried items should be left outside of the lavat= ory.
2. All P= articipants should wash their hands with soap in cold water and thoroughly dry them pri= or to voiding.
3. Parti= cipants must roll up any long-sleeved shirt or blouse and the collector should exam= ine the Participant’s arms and hands before voiding occurs.
4. The collector should document any unusual occurrences in the collection process= on the UA log and in the Participant’s case file.
5. The Collector puts on protect= ive gloves.
6. Participants undo pants so co= mplete pubic area is in view.
7. The Collector then gives the = sample cup to the Participant. The collec= tor must have an absolute view of the Participant voiding into the collection bottle or cup. The collec= tor must physically observe the urine leaving the Participant’s body. The collection bottle must b= e at least ½ full or more.
8. The Collector then takes the collected sample.
9. The Participant is then allow= ed to finish and wash hands
10. The Sample is then checked by the Collect= or for temperature.
11. The dip test is applied.
12. Results are recor=
ded
with both the provider and
SECTION= #: 7.2 cont.
&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = EFFECTIVE DATE:
&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = REPLACES #: NEW
&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp;
UA Testing Procedures cont.
FEMALES:
1. Participants should remove ja= ckets, coats, and large pocket items before entering the lavatory. Purses or other carried items shou= ld be left outside of the lavatory.
2. All Participants should wash their = hands with soap in cold water and thoroughly dry them prior to voiding.
3. Participants must roll up any long-sleeved shirt or blouse and the collector should examine the Participant’s arms and hands before voiding occurs.
4. The collector should document= any unusual occurrences in the collection process on the UA log and in the Participant’s case file.
5. The collector must put on protective gloves.
6. The Participant must undo her= pants so that the complete pubic area is in view.
7. The collector then gives the = sample cup to the Participant. The collec= tor must have an absolute view of the Participant voiding into the collection bottle or cup.
8. The Participant must take the collection cup and place it under her by turning her arm outside of her bod= y so that the direction her hand and collection cup go is under her upper leg and backside.
9. The Collector must physically observe the urine