58TH DISTRICT COURT
SOBRIETY TREATMENT PROGRAM
POLICIES AND PROCEDURES MANUAL
Revised January 2011
Table of Contents
Subject Page
I. Steering Committee 2
II. Planning Team 3
III. Mission Statement 4
IV. Goals and Objectives 4
V. Structure/Model 4
VI. Target Population 5
VII. Eligibility Criteria 5
VIII. Disqualification Criteria 5
IX. Entry Process 6-7
X. Participant Agreement/Consent for Disclosure 8
XI. Phases 8-9
XII. Termination and Commencement Criteria 9
XII. Incentives and Sanctions 10-11
XIII. Treatment Protocol 11
XIV. Supervision Protocol 11
XV. Testing Protocol 12
XVI. Evaluation Design 12-13
XVII. Memorandums of Understanding 13
XVIII. Ethics and Confidentiality Statement 13-14
Steering Committee
1. Sheriff Gary Rosema Ottawa County Sheriff Department
2. Interim Chief Matt Mecer Holland Police Department
3. The Hon. Edward R. Post 20th Circuit Court
4. The Hon. Susan Jonas 58th District Court
5. The Hon. Mark Feyen Family Court
6. Carol Korf Mothers Against Drunk Driving
7. Joyce Kortman Ottawa County Commissioner
8. Cathy Simons Director, Employment and Training
9. Ronald Frantz* Prosecuting Attorney, Ottawa County
10. Joseph C. Legatz Criminal Defense Attorney
11. John R. Meengs Business Community
12. Len Painter Grand Haven Tribune
13. Douglas Kamphuis Michigan Department of Corrections
14. John VanRegenmorter Citizen Representative
15. Kevin Bowling Circuit Court Administrator
16. Jodi Salacina Director of Probation and Community
Corrections
The Steering Committee meets on a quarterly basis. Special meetings may be called by the Chair to resolve more immediate issues.
*Committee Chair
Planning Team
1. The Hon. Bradley Knoll 58th District Court
2. The Hon. Susan Jonas 58th District Court
3. Jodi Salacina Director of Probation &
Community Corrections.
4. Craig Bunce Assistant Prosecutor
5. Donald Hann Criminal Defense Attorney
6. Alma Valenzuela Drug Court Coordinator
7. Liz Wiersema Case Manager
8. Leticia Gonzalez-Ortiz Case Manager
9. Jessica Dozeman Surveillance Officer
10. Melissa Havey Surveillance Officer
11. Roger Bayne West Shore Counseling Services
12. Lara Helmus Encourage Counseling
13. Tara Romano Encourage Counseling
14. Clara Mascorro Pathways
The planning team meets at least twice a year to discuss policies and procedures.
Mission Statement
The mission of the 58th District Court Sobriety Treatment Program is to promote community safety and reduce alcohol and drug abuse through a coordinated program involving intensive supervision, judicial interaction, treatment, incentives, sanctions and accountability.
Goals and Objectives
Goal One: Divert offenders from jail.
Goal Two: Eliminate substance use among substance abusers.
Goal Three: Reduce Recidivism.
Objective: Assess the effectiveness and efficiency of the program by conducting and participating in on-going program evaluations. The program is designed to impact all three of the above listed goals. It includes the following phases and activities with each phase:
Phase I: Minimum 15 weeks, daily PBT testing, random drug testing, frequent contact with case manager, biweekly court session, 5-7 AA/NA meetings or approved self help groups per week, find sponsor, individual/group therapy, random home visits, curfew 12am-5am, regular payments of fines/costs/treatment, seek and maintain employment.
Phase II: Minimum 15 weeks, random drug/alcohol tests, frequent contact with case manager, biweekly court sessions, minimum of 4 AA/NA meetings or approved self help groups per week, maintain relationship with sponsor, continue treatment plan, random home visits, full payment of treatment costs, seek and maintain employment.
Phase III: Minimum 20 weeks, random drug/alcohol tests, frequent contact with case manager, monthly court sessions, minimum 3 AA/NA meetings or approved self help groups per week, continue relationship with sponsor, monthly continuing-care treatment, fines/costs/treatment fees paid in full, maintain employment.
Phase IV: Minimum 20 weeks, random drug/alcohol tests, frequent contact with case manager, monthly court sessions, minimum 3 AA/NA meetings per week, maintain employment, 8 hours of self-directed community service, full payment of program fees, monthly continuing-care treatment, attend one Give-and-Take session prior to commencement, written essay for commencement ceremony.
Structure/Model
The 58th District Court Sobriety Treatment Program is a post plea treatment court.
Target Population
The 58th District Court Sobriety Treatment Program’s target population has the following characteristics:
1. Ottawa County resident or residing within the Court’s jurisdiction.
2. No history of serious violent behavior of felony weapon charges.
3. No on-going serious mental illness.
4. Alcohol and/or drug addicted or serious substance abuse pattern.
5. One year misdemeanor charge involving substance abuse.
Eligibility Criteria
1. Resident of Ottawa County or within the Court’s jurisdiction.
2. Has an alcohol and/or drug addiction or shows a serious pattern of substance abuse.
3. Must be facing an OWI-2nd charge in Ottawa County.
Disqualification Criteria
1. Non-county resident or outside the Court’s jurisdiction.
2. Has prior, serious violent offenses.
3. Has a serious mental illness.
4. Has a record of a felony weapons violation.
5. A screening shows the perspective participant does not have a serious addiction or abuse problem.
6. Has charges pending in another jurisdiction.
Prosecutor’s Policy and Procedure
for screening Defendant who requests entrance into the
58th District Court Sobriety Treatment Program
INTRODUCTION
The following policy and procedure exist to ensure consistent treatment of defendants who request entrance into the 58th District Court Sobriety Treatment Program. In the event the assigned sobriety/drug court Prosecutor is not available, this document details the procedure for evaluating a defendant who requests entrance into the 58th District Court Sobriety Treatment Program.
DUTIES OF THE PROSECUTOR
Promote public safety by ensuring that each defendant who requests entrance into
the 58th District Court Sobriety Treatment Program is screened for legal eligibility as well as Prosecutor’s eligibility requirements.
PLEA REQUIREMNTS
All defendants who request entrance into the 58th District Court Sobriety Treatment Program must enter a plea of guilty to a Misdemeanor punishable by one year in jail.
LEGAL ELIGIBILITY AND SCREENING PROCEDURE
The Prosecutor is the “gatekeeper” for determining who is legally eligible for entry into the 58th District Court Sobriety Treatment Program. Pursuant to MCL 600.1068(2), the Prosecutor has the statutory authority to decline a defendant’s entry into the 58th District Court Treatment Program.
The assigned Prosecutor shall follow the procedures listed below in screening a defendant who requests entrance into the 58th District Court Sobriety Treatment Program.
1. Require the defendant to complete the 58th District Court Sobriety Treatment Program Application for Screening form.
2. As soon as practical, request staff to run the defendant’s complete criminal history and driving history and review.
3. When the request is based upon a new criminal offense, review facts of the pending case and determine:
(a) If the committed offense is related to the abuse, illegal use, or possession of a controlled substance or alcohol.
(b) If the committed offense or past convictions are crimes involving a victim: if yes, notify the victim(s) of defendant’s request to enter the 58th District Court Sobriety Treatment Program pursuant to MCL 600.1068(4).
4. Determine the defendant’s legal eligibility by evaluating:
(a) The criminal history
(b) The driving history
(c) The facts of the current offense
Once this review is complete, the Prosecutor must complete the Memorandum of Prosecutor’s Screening of Defendant’s Legal Eligibility and Acceptance into the to the 58th District Court Sobriety Treatment Program. Forward ONLY the completed memorandum to the 58th District Court Probation Department in Holland.
5. Retain the following for the prosecutor’s file:
(a) Memorandum of Prosecutor’s Screening for Defendant’s Legal Eligibility and Acceptance into the to the 58th District Court Sobriety Treatment Program, and;
(b) The Driving/Criminal history (L.E.I.N.). DO NOT FORWARD ANY L.E.I.N OR SOS DOCUMENTS TO OTHER PERSONS OR DEPARTMENTS, and;
(c) Copy of the required notification letter to any current or past victim.
Prosecutor’s Legal Eligibility and Acceptance Form - Appendix A
Application for Screening Form – Appendix B
Probation Department’s Procedure for Sobriety Treatment Court Screening
If the Court determines that someone might be an appropriate candidate for the Sobriety Treatment Program, the Court will notify the Prosecutor’s Office regarding such for the purpose of a Legal Screening. Attorneys or potential clients must fill out the application form included in this packet and turn into the prosecutor’s office for review. Additional applications are available in the Probation Department or Prosecutor’s Office.
The candidate will complete the SALCE questionnaire and the two page PSI form in the Probation Department. If the candidate for the Program is pre-screened and passes the Legal Screening, the Prosecutor’s Office will notify the Probation Department. The Support Staff of the Probation Department will schedule a Screening Interview if the candidate is present. If the candidate is not present, The Support Staff will notify the Sobriety Treatment Program’s Case Managers, who will attempt to schedule a Screening Interview via telephone. If attempts to contact a candidate are not successful, the Support Staff will mail a Notice to Report for the Screening Interview.
If the candidate for the Program does not pass the Legal Screening, the case will proceed through the Court in the usual manner.
Upon entering a guilty plea, eligible defendants are sentenced to the program. They will meet immediately with the Case Manager to sign waivers and the program contract, arrange contact with a treatment provider and initiate AA/NA attendance.
Participant Agreement / Consent For Disclosure of Confidential Substance Abuse Information
All participants entering the program are required to sign and abide by the program Participant Agreement and the Consent for Disclosure of Confidential substance abuse information. The participant and representing attorney, if applicable, will sign the agreement at the time of sentence.
Participant Agreement Form - Appendix C
Consent Agreement Form – Appendix D
Phases
Upon each participant’s acceptance into the 58th District Court Sobriety Treatment Program, each participant is given copies of Sobriety/drug court contracts, waivers, schedules of appointments, important phone numbers, AA/NA meeting calendars, etc.
Each participant is also given a participant handbook detailing many of the important aspects of the program as are found in this Policy and Procedures Manual.
Phase I: Key Concept: Stabilization and treatment.
Length: Minimum 15 weeks
Requirements: Daily and random alcohol testing
5am-830am M-F, 730am-830am Sat-Sun & major holidays
Random urine screens a minimum of 3 times per week
Contact with Case Manager as directed
Attendance at review hearings every other week on Wednesdays
Minimum 5 AA/NA meetings or self help groups per week
Obtain AA/NA sponsor
Attend substance abuse counseling 1-2 times per week
Random home visits
Curfew 12am-5am
Seek and maintain employment or perform 20 hrs of community service/week
Payment of treatment costs or court fees Minimum $30/week
At least 90 days alcohol/drug free and a minimum of 15 weeks in Phase I before advancing to Phase II.
Phase II: Key Concept: Maintenance of recovery.
Length: Minimum 15 weeks
Requirements: Random alcohol testing, minimum 4 times per week
Random urine screens, minimum 2 times per week
Contact with Case Manager as directed
Attendance at review hearings every other week
Minimum 4 AA/NA meetings per week
Maintain relationship with sponsor
Continue substance abuse counseling
Random home visits
Maintain employment
Payment toward court fines and costs
Minimum $30/week
Full payment of treatment costs
At least 90 days sobriety/drug free and a minimum of 15 weeks in Phase II before advancing to Phase III.
Phase III: Key Concept: Maintenance of recovery and giving back.
Length: Minimum 20 weeks
Requirements: Random alcohol testing, minimum 3 times per week
Random urine screens, minimum 2 times per week
Contact with Case Manager as directed
Monthly attendance at review hearings
Minimum 3 AA/NA meetings per week
Continue substance abuse counseling a minimum of one time per month.
Maintain relationship with sponsor
Maintain employment
Full payment of court fines and costs
At least 90 days alcohol/drug free and a minimum of 20 weeks in Phase III before advancing to Phase IV.
Phase IV: Key Concept: Maintenance of recovery and exit stage.
Length: Minimum 20 weeks
Requirements: Random alcohol testing, minimum 2 times per week
Random urine screens, minimum 1 time per week
Contact with Case Manager as directed
Monthly attendance at review hearings
Attend a Give-and-Take session
Minimum 3 AA/NA meetings per week
Maintain relationship with sponsor
Continue substance abuse counseling a minimum of one time per month.
Full payment of program fees
8 hrs of self-directed community service
Written narrative
Commencement !!!
At least 150 days sobriety/drug free and a minimum of 20 weeks in Phase IV before commencing.
Termination Criteria
The program design is one which makes it difficult for a participant to leave the program. However, certain participant behaviors may cause the Judge to consider termination. They are:
Warrants or new arrests for a significant crime (felony). Other violations which may result in termination include, missing several or having a series of positive drug or alcohol tests, producing adultered drug tests, any chronic abuse of rules such as failing to cooperate with the case manager or treatment program or any violence or threat of violence directed at treatment staff, other participants or other clients of the treatment providers.
Violations of program rules, including some noted above, are typically addressed through a series of graduated sanctions that could eventually lead to termination. The participant has waived his/her rights to the probation violation process so sanctions are given without a probation violation hearing. However, if the anticipated sanction is likely to proceed to termination from the program, the participant will be served with a probation violation and may exercise his/her right to a hearing.
A participant may also leave the program by choice. However, the participant is required to give the Judge a verbal report as to the reasons for leaving. The participant will also be required to serve the original jail sentence.
Commencement Criteria
Graduation or successful completion of the 58th District Court Sobriety Treatment Program means that the participant has completed all Phase 1 through Phase 4 requirements or a court mandated substitute for any requirement. No participant will be discharged prior to 17 ½ months of participation.
Incentives and Sanctions
Incentives and sanctions are standardized to the point of exhibiting fairness, but are also tailored based on an individual participant’s situation.
Incentives:
1. Awards for phase and program completion, including certificates, pens, books, coffee mugs.
2. Positive recognition from Judge and team members, including applause and praise.
3. Possible no jail sentence.
4. Promotion to next phase
5. Permission to travel out of area.
6. Commencement ceremony, including certificate.
7. Flexibility in payment plan.
Sanctions:
1. Increased supervision through Intensive Supervision, electronic monitoring and/or increase substance use testing.
2. Community service, Jail Alternative Work Service (JAWS).
3. Loss of driving privileges.
4. Admonishment.