Draft for Discussion Purposes Only Do Not Release

Draft for Discussion Purposes Only Do Not Release

MONTANA EIGHTH JUDICIAL DISTRICT

Treatment Court Participant Handbook

TABLE OF CONTENTS

WELCOME

WELCOME

OVERVIEW

THE TREATMENT COURT TEAM

TREATMENT COURT HEARINGS

PHASES OF TREATMENT COURT & REQUIREMENTS

PHASE I

PHASE II: Thirteen (13) + weeks (phase commencement at Team and Judicial discretion)

PHASE III: 26 + weeks (phase commencement at Team and Judicial discretion)

PHASE IV (Continuing Care): Fourteen (14) + weeks (phase commencement at Team and Judicial discretion)

PHASE M (Maintenance): 26 + weeks (phase commencement at Team and Judicial discretion)

CONTINUING CARE

CONFIDENTIALITY

HIPPA RELEASE

TREATMENT COURT RULES

FEE AGREEMENT

Graduated Incentives

Graduated Sanctions

TERMINATION FROM TREATMENT COURT

SEARCH AND ARREST REQUIREMENTS

DRUG AND ALCOHOL TESTING

COMMENCEMENT

CONCLUSION

WELCOME...... 2

OVERVIEW...... 3

THE TREATMENT COURT TEAM...... 3

TREATMENT COURT HEARINGS...... 4

PHASES OF TREATMENT COURT & REQUIREMENTS...... 4

PHASE I...... 5

Phase II...... 6

PHASE III...... 7

PHASE IV (Continuing Care)...... 8

CONTINUING CARE...... 9

CONFIDENTIALITY...... 10

HIPPA RELEASE...... 11

TREATMENT COURT RULES...... 13

FEE AGREEMENT...... 14

Graduated Incentives...... 15

Graduated Sanctions...... 15

TERMINATION FROM TREATMENT COURT...... 16

SEARCH AND ARREST REQUIREMENTS...... 16

DRUG AND ALCOHOL TESTING...... 16

COMMENCEMENT(Graduation)...... 17

CONCLUSION...... 17

WELCOME

Welcome to the Eighth Judicial District Treatment Court. You have been accepted into this program based upon the Treatment Court Team’s confidence in your ability to successfully complete the program. This means that our community will be making a significant investment in you! You will receive chemical dependency treatment and collateral services to support you in achieving and maintaining an alcohol, illicit drug and crime free life. aimed at breaking your addiction, opportunities to gain new job-related skills, andYou will be supported from a team of well-qualified professionals. In exchange, we expect you to work extremely hard in your effort to emerge as a solid employee, a successful parent, and a valuable member of our community.

This Adult Drug Treatment Court Particiant Handbook is designed to answer your questions and provide overall information about the Treatment Court Program. As a participant, you will be expected to follow the instructions given in Treatment Court by me, and to comply with the treatment plan developed for you by the case manager and treatment team.

Congratulations on entering the program! The road you face will not be an easy one, but each challenge you conquer will ultimately bring you great rewards as a person.

Sincerely,

Judge Kathleen JensenThomas M. McKittrick

OVERVIEW

The Eighth Judicial District Treatment Court seeks to improve the quality of life in our community by establishing a judicially supervised, comprehensive, diversionary treatment program of incentives and sanctions. The Adult Drug Court Program supports criminal offenders diagnosed with chemical dependency in reaching and maintaining a sober and crime free life. aimed at breaking the offender’s drug addiction.

Adult Drug Treatment Court (ATC) is a five-phase, 18 month or longertreatmentintervention program for adults who enter the program through pretrial diversions, guilty pleas, sentencing or probation revocations involving any of the following listed offenses:

CRIMINAL POSSESSION OF DANGEROUS DRUGS, A FELONY, in violation of M.C.A. § 45-9-102;

THEFT, A FELONY, in violation of M.C.A. § 45-6-301, when motivated by drug addiction;

ISSUING A BAD CHECK, A FELONY, in violation of M.C.A. § 45-6-316, when motivated by drug addiction;

DECEPTIVE PRACTICES, A FELONY, in violation of M.C.A. § 45-6-317, when motivated by drug addiction; and

FORGERY, A FELONY, in violation of M.C.A. § 45-6-325, when motivated by drug addiction.

Participants can also quality to take part based on a probation revocation for DRIVING UNDER THE INFLUENCE OF ALCOHOL, A FELONY[jm1].

Program eligibility for Defendants and/or Probationers with prior violent or sexual offense convictions, or who have other pending felony charges, will be considered on a case-by-case basis and legal eligibility is not guaranteednot be eligible to take part.

THE TREATMENT COURT TEAM

The ATCis programTeam is a collaboration of ve effort between the Great Falls Police Department, the Cascade County Sheriff’s Office, the Cascade County Attorney’s Office, the Cascade County Public Defender’s Office, drug treatment providers, the Montana Department of Corrections Adult Probation and Parole Bureau, the Great Falls Pre-Release Center, the Center for Mental Health, the Alliance for Youth and the Eighth Judicial District Court. By working together, they seek to provide a variety of programs and consistent supervision and accountability geared toward supporting and helping you maintain a drug-free life. Treatment Court involves frequent court appearances, random drug and alcohol testing, as well as group and individual counseling. The Court provides incentives for compliant behavior and imposes sanctions for non-compliant negative behavior. Participants who do not comply with the rules may be placed in short-term custody, moved back to the previous phase of drug court or a variety of other sanctions. They may also be terminated from Treatment Court. All of the staff working with Treatment Court will assist you to be sure you understand what is expected of you.

The Treatment Court Judge will make all decisions regarding your participation in the program with input from the Treatment Court Team. In addition to the Judge, the Drug Court Team consists of the following members:

Judge’s Secretary

Treatment Services Manager, Great Falls Pre-Release Center

Assistant Public Defender (Defense Counsel)

Deputy County Attorney

Treatment Providers (chemical dependency and mental health)

Adult Probation and Parole Officer

Law Enforcement (Great Falls Police Department and Cascade County Sheriff’s Office)

Treatment Court Administrator

Prior to the weekly Treatment CourtStatus Hhearings, the Team members familiarize themselves with your progress (compliance, non-compliance and life issues). The Judge will discuss, as appropriate, compliance and life issues with you so that they and the Judge may discuss that progress with you during yourthestatus hearingsession.

TREATMENT COURT HEARINGS

As a Treatment Court participant, you will be required to appear in Treatment Court on a regular basis.The number of times you must appear depends upon which phase of the program you are currently in. Failure to appear will result in a warrant being issued for your arrest and detention in jail until you can appear before the court. If you have questions about your court appearances you may contact your Probation Officer or your attorney. The phases of Treatment Court are listed and explained later in the Participant Handbook.on pages 5-9.

PHASES OF TREATMENT COURT & REQUIREMENTS

The Treatment Court program is a comprehensive 18 month or longer, five-phase, individualizedtreatment program combined with frequent drug testing and judicial and community supervision.

Your compliance and/or non-compliance with the Drug Treatment Court requirements are subject to the application of sanctions and/or incentives. You will accept judicial sanctions and/or incentives as appropriate. The sanctions and incentives continuum is presented later in your handbook. Application of sanctions and incentives are subject to judicial discretion.

Your progress through the phases of the Drug Treatment Court Program may be delayed or you may be demoted due to any of the following: missed individual or group therapy sessions or office visits, incomplete treatment assignments, positive drug tests, failure to follow through on ancillary service referrals, unexcused failure to appear at any status hearing and/or drugs or drug paraphernalia in your home.

You may be temporarily removed from the Drug Treatment Court Program if you continue to not comply with treatment and/or abstinence from alcohol and other drugs requirements.

You may be terminated from the Drug Treatment Court Program if you conduct drug sales on treatment provider premises; threaten or commit an act of violence against any Drug Treatment Court Team member, staff or peers; are convicted of an offense pre-determined to render you ineligible for program participation or an offense that threatens the public safety; conviction of manufacture, sale or distribution of or use of dangerous drugs; and/or continued lack of progress/compliance.

The following tables outline the requirements and goals for each of the five phases. Your initials on the lines to the left of the tables indicate that you have read and understood this aspect of the program.

PHASE I

Four (4)or moreweeks (phase advancement at Team and Judicial discretion)

Requirements
Treatment / Court / Community Supervision
Attend appropriate number of group sessions/week based on ASAM Level of Care / Appear at one status hearing per week / Submit to least one random home visit per week, which may include utilization of police detection dogs
Attend appropriate number of individual sessions per week based on ASAM Level of Care / Establish a payment plan for fees, fines and restitution / Attend 1 or more office visits per week
Attend three or more community support group meetings per week. / Make regular weekly treatment court payments or, at the court’s discretion, perform required daily community service (four hours) and job contacts (eight) on payment plan / Complete one or more random and observed drug screens per week (UA and BA)
Complete three or more random and observed drug screens/week, including Community Supervision testing (UA and BA) / Compliance with conditions of supervision
Follow through on any referrals made to ancillary services, including mental health, employment, housing assistance, etc.
Goals
  1. Begin work on abstinence from all mood-altering substances
  2. Develop and initiate comprehensive treatment plan, including appropriate ancillary services
  3. Progress toward negative drug screens

Accountability
  1. Each participant in the Treatment Court program will be held accountable for the above specified requirements. Participants’ compliance and/or non-compliance with these requirements are subject to the application of sanctions and/or incentives.
  2. Each participant in the Treatment Court program will accept judicial sanctions and/or incentives as appropriate. The sanctions and incentives continuum is attached. This continuum is subject to judicial discretion.

Advancement Criteria
Treatment / Court / Supervision
Two consecutive weeks with no missed group treatment sessions. Number of sessions based upon ASAM Level of Care / Appearance at 4 or more status hearings with two consecutive weeks with no unexcused failures to appear / Participation in four home visits with the most recent two consecutive home visits demonstrating compliance with program rules and regulations
Two consecutive weeks with no missed individual treatment sessions. Number of sessions based upon ASAM Level of Care / Payment plan for fees, fines and restitution established / Attendance at four office visits with the most recent two consecutive office visits demonstrating compliance with program rules and regulations and with no unexcused failures to appear
Completion of 12 random and observed drug screenings (UA and BA) / Current on payment plan / Compliance with conditions of supervision
The most recent 6 consecutive drug screenings (UA and BA) demonstrating negative results / The most recent two consecutive weeks demonstrating no sanctions applied
Initial appointments established for any ancillary service referrals / Complete minimum time requirements of the phase without ingestion of any addictive, yet medically endorsed (prescribed) substance.
Presentation and court approval of phase advancement application
Delayed Advancement Criteria
Treatment / Court / Supervision
Missed individual or group sessions / Unexcused failure to appear at any status hearing / Drugs or paraphernalia in the home
Incomplete assignments / Failure to comply with payment plan / Failure to appear for any office visit
Positive drug and/or alcohol screens (UA and BA) / Ingestion of any addictive, yet medically endorsed (prescribed) substance. / Positive drug screens (UA and BA)
Failure to make contact with ancillary service referrals / Failure to meet two consecutive weeks compliant requirement
Temporary Removal from the Program Criteria
Continued non-compliance with treatment, court and/or community supervision requirements
Repeated failure to comply with payment plan
Termination Criteria
Treatment / Court / Supervision
Drug sales on treatment provider premises / Conviction of offense pre-determined to make an offender ineligible for the Program / Violence or threats of violence toward law enforcement, community supervision or case manager
Violence or threats of violence against staff or peer / Conviction of manufacture, sale, possession or use of dangerous drugs / Significant probation violations
Violence or threat of violence against Treatment Court Team member or peer
Repeated failure to comply with payment plan

PHASE II: Thirteen (13) + weeks (phase commencement at Team and Judicial discretion)

Requirements
Treatment / Court / Community Supervision
Attend appropriate number of group sessions/week based on ASAM Level of Care / Appear at one status hearing per week. / Submit to at least one random home visit per week, which may include utilization of police detection dogs
Attend appropriate number of individual sessions per week based on ASAM Level of Care / Make regular weekly treatment court payments or, at the court’s discretion, perform required daily community service (four hours) and job contacts (eight) on payment plan / Attend 1 or more office visits per week
Attend three or more community support group meetings per week. / Complete one or more random and observed drug screens per week (UA and BA)
Complete three or more random and observed drug screens/week, including Community Supervision testing (UA and BA) / Complete community service hours as assigned
Follow through on any referrals made to ancillary services, including mental health, employment, housing assistance, etc. / Compliance with conditions of supervision
Make regular progress on ancillary service treatment plan / Compliance with restitution payment plan
Goals
  1. Abstinence from all mood altering chemicals as evidenced by negative drug/alcohol screen
  2. Compliance with treatment plan, including appropriate ancillary services and relapse prevention

Accountability
  1. Each participant in the Treatment Court program will be held accountable for the above specified requirements. Participants’ compliance and/or non-compliance with these requirements are subject to the application of sanctions and/or incentives.
  2. Accept judicial sanctions and/or incentives as appropriate. The sanctions and incentives continuum is attached. This continuum is subject to judicial discretion.

Advancement Criteria
Treatment / Court / Supervision
Four consecutive weeks with no missed group treatment sessions. Number of sessions based upon ASAM Level of Care and treatment progress / Appearance at 12 or more status hearings with the four most recent consecutive weeks demonstrating no unexcused failures to appear / Completion of 12 or more home visits with the most recent four consecutive weeks home visits demonstrating compliance with program rules and regulations
Four consecutive weeks with no missed individual treatment sessions. Number of sessions based upon ASAM Level of Care and treatment progress / Make regular weekly treatment court payments or, at the court’s discretion, perform required daily community service (four hours) and job contacts (eight) on payment plan / Attendance at 12 or more office visits with four consecutive weeks of visits demonstrating compliance with program rules and regulations and no unexcused failures to appear
Attendance 12 or more community support group meetings / Four consecutive weeks with no sanctions applied / Current on assigned community service hours
Completion of 12 or more random and observed drug screens with at least one month of negative tests, including screens under Community Supervision / Presentation and court approval of phase advancement application / Documented improvement in home and office visits
Initial appointments established and/or completed (as appropriate) for any ancillary services / Compliance with conditions of supervision
Continue making progress on ancillary services treatment plan / Current on restitution payments
Delayed Advancement Criteria
Treatment / Court / Supervision
Missed individual or group sessions / Unexcused failure to appear at any status hearing / Drugs or paraphernalia in the home
Incomplete assignments / Failure to comply with payment plan / Failure to appear for any office visit
Positive drug and/or alcohol screens (UA and BA) / Positive drug screens (UA and BA)
Failure to make contact with ancillary service referrals
Lack of progress on ancillary services treatment plan
Temporary Removal from the Program Criteria
Continued non-compliance with treatment, court and/or community supervision requirements
Repeated failure to comply with payment plan
Termination Criteria
Treatment / Court / Supervision
Drug sales on treatment provider premises / Conviction of offense pre-determined to make an offender ineligible for the Program / Violence or threats of violence toward law enforcement, community supervision or case manager
Violence or threats of violence against staff or peer / Conviction of manufacture, sale, possession or use / Significant probation violations
Lack of adequate progress in treatment / Violence or threats of violence against Treatment Court Team member or peer
Repeated failure to comply with payment plan

PHASE III: 26 + weeks (phase commencement at Team and Judicial discretion)

Requirements: Transition Stages
Once a participant has been advanced from Phase II, he or she will need to successfully transition into Phase III before moving on to the below outlined requirements. The transition consists of two stages:
Stage 1 (IIIa): Drug tests will decrease from three (3) to two (2) per week. All other requirements remain the same as in Phase II. If the participant successfully completes all requirements and remains sanction free for two (2) weeks, he or she may successfully advance to Stage 2 of the Transition.
Stage 2 (IIIb): Home and office visits will decrease from once per week to once every other week. Drug tests remain at two (2) per week. All other requirements remain the same as in Phase II. If the participant successfully completes all requirements and remains sanction free for four (4) weeks, he or she may fully advance to Phase III.
Requirements: Phase III
Treatment / Court / Community Supervision
Attend appropriate number of group sessions/week based on ASAM Level of Care / Appear at one or more status hearing every two weeks
If the participant has committed any act that may be sanctioned by the Treatment Court, the participant must appear at the Treatment Court status hearing that week regardless of Phase requirements. / Submit to at least one random home visit every two weeks, which may include utilization of police detection dogs
Attend appropriate number of individual sessions per week based on ASAM Level of Care / Make regular weekly treatment court payments or, at the court’s discretion, perform required daily community service (four hours) and job contacts (eight) on payment plan / Attend 1 or more office visits every two weeks
Attend three or more community support group meetings per week / Establish a Phase III goal and/or civic engagement project / Complete one or more random and observed drug screens every two weeks (UA and BA)
Complete two or more random and observed drug screens/week, including Community Supervision testing (UA and BA) / Complete community service hours as assigned
Follow through on any referrals made to ancillary services, including mental health, employment, housing assistance, etc. / Compliance with conditions of supervision
Make regular progress on ancillary service treatment plan / Compliance with restitution payment plan
Goals
  1. Abstinence from all mood altering chemicals as evidenced by negative drug/alcohol screen.
  2. Compliance with treatment plan, including appropriate ancillary services and relapse prevention.
  3. Participant identified goal (part of phase advancement application)

Accountability
  1. Each participant in the Treatment Court program will be held accountable for the above specified requirements. Participants’ compliance and/or non-compliance with these requirements are subject to the application of sanctions and/or incentives.
  2. Accept judicial sanctions and/or incentives as appropriate. The sanctions and incentives continuum is attached. This continuum is subject to judicial discretion.

Advancement Criteria
Treatment / Court / Supervision
Six consecutive weeks with no missed group treatment sessions. Number of sessions based upon ASAM Level of Care and treatment progress / Appearance at 8 or more status hearings with six consecutive weeks of no unexcused failures to appear / Completion of 12 or more home visits with the most recent six consecutive weeks demonstrating compliance with program rules and regulations
Six consecutive weeks with no missed individual treatment sessions. Number of sessions based upon ASAM Level of Care and treatment progress / Make regular weekly treatment court payments or, at the court’s discretion, perform required daily community service (four hours) and job contacts (eight) on payment plan / Attendance at 12 or more office visits with the most recent six consecutive weeks demonstrating compliance with rules and regulations and no unexcused failures to appear
Attendance 18 or more community support group meetings with six consecutive weeks of no missed groups / Six consecutive weeks with no sanctions applied / Current on assigned community service hours
Completion of 12 or more random and observed drug screens with at least six weeks of negative screens, including screens under Community Supervision with six weeks of no missed or positive tests / Demonstration of adequate progress toward, or attainment of, participant identified Phase III goal and/or civic engagement project / Documented improvement in home and office visits (as appropriate)
Demonstration of adequate progress in ancillary services / Presentation and court approval of phase advancement application / Compliance with conditions of supervision
Current on restitution payments
Delayed Advancement Criteria
Treatment / Court / Supervision
Missed individual or group sessions / Unexcused failure to appear at any status hearing / Drugs or paraphernalia in the home
Lack of treatment progress / Failure to comply with payment plan / Failure to appear for any office visit
Positive drug and/or alcohol screens (UA and BA) / Lack of progress or toward attainment of participant defined Phase III goal and/or civic engagement project / Positive drug screens (UA and BA)
Failure to make contact with ancillary service referrals
Lack of progress on ancillary services treatment plan
Temporary Removal from the Program Criteria
Continued non-compliance with treatment and abstinence requirements
Repeated failure to comply with payment plan
Termination Criteria
Treatment / Court / Supervision
Drug sales on treatment provider premises / Conviction of offense pre-determined to make an offender ineligible for the Program / Violence or threats of violence toward law enforcement, community supervision or case manager
Violence or threats of violence against staff or peer / Conviction of manufacture, sale, possession or use / Significant probation violations
Lack of adequate treatment progress / Violence or threats of violence against Treatment Court Team member or peer
Repeated failure to comply with payment plan

PHASE IV (Continuing Care): Fourteen (14) + weeks (phase commencement at Team and Judicial discretion)