Mission Statement and Referral and Eligibility
MISSION
Drug Court in the 5th Judicial District will strive to reduce recidivism of alcohol and drug offenders in the criminal justice system and provide community protection with a cost effective, integrated continuum of care through the development and utilization of community resources. Drug Court will hold defendants accountable and will assist them to achieve long-term recovery to become law-abiding citizens and successful family/community members.
GOALS AND OBJECTIVES
The goals of the Adult Drug Court program are to
· Safely maintain the individual in the community
· Increase protective factors while reducing risk factors
· Reduce criminal recidivism
· Substantially reduce or eliminate substance abuse
· Increase individual's success in obtaining their approved personal goals
· Promote public safety
1. Safely maintain the individual in the community
· Assess risk and need and place individuals in services and supervision level based on assessment results;
· Individualize case planning (using sequential case management) to meet the unique needs of individual through strength-based services;
· Coordinate a comprehensive action plan that includes close proximity community resources to develop a strong continuum of care;
· Provide frequent early contact for support and accountability;
· Ensure approved educational and/or employment opportunities.
2. Increase protective factors while reducing risk factors
· Help individuals identify their particular strengths;
· Help individuals improve communication, parenting, financial management, relationship skills and problem solving skills (remember family issues);
· Connect individuals to appropriate level of services for assessed co-occurring disorders (including mental health, housing, and health needs)
· Connect individuals to ongoing community support networks;
3. Reduce Criminal Recidivism
· Identify and place individuals in appropriate level of supervision and services early;
· Individualize treatment planning (sequenced case management) to meet the unique needs of individual through strength-based treatment;
· Coordinate a comprehensive action plan that includes close proximity community resources to develop a strong continuum of care;
· Provide frequent early contact for support and accountability;
· Ensure approved educational and/or employment opportunities.
4. Reduce Substance Abuse
· Appropriately assess and determine individual treatment needs;
· Provide an opportunity for individual to have a supportive and accessible recovery environment in their community;
· Effectively identify, place, and match individual into the appropriate services;
· Provide structure and accountability through drug testing, and frequent contact with Drug Court Team members;
· Identify and effectively meet participant’s risks and needs, including but not limited to education, vocation, skill building, family issues, harm reduction, mental health.
· Require successful completion of assigned treatment and other services
5. Increase participant’s success in obtaining their approved personal goals
· Help participant identify issues that brought them to the program;
· Help participant identify their strengths and skills;
· Aid the participant in determining approved personal goals (pro-social norming, continuing care plan);
· Provide guidance in achieving these personal goals through the Drug Court program, community programs, or other resources;
· Provide support and accountability for achieving and maintaining these goals in their continuing care plan.
6. Promote public safety
· Provide structure, collaborative case management and reinforcement and risk containment
· Provide swift and certain consequences for violations
· Early detection of both desired and undesired behavior
· Provide rewards for desired behavior and sanctions for undesired behavior
REFERRAL – ELIGIBILITY - SCREENING
The Drug Court targets drug involved offenders scoring moderate to high-risk on the LSI-R (24 or higher)
Referral and Eligibility
The drug court program is assessment driven. Participants will be placed in the level of treatment and supervision that meets their needs. They will be reassessed frequently, so the team can determine if we are meeting their needs
Eligibility Criteria
· Offense – The individual is charged with a felony and:
a) The felony is drug related or
b) The defendant tests positive at the time of arrest, or
c) Admits drug usage, or tests positive during the assessment period or
d) The defendant's family, friends, attorney, etc., report drug usage
· Criminal History –
a) Defendants who have a prior plea of guilty to, finding of guilt for, or conviction for any felony offense involving violence will not be excluded from the screening process; admission to ADC will be considered on a case by case basis,
b) Defendants who have a prior plea of guilty to, finding of guilt for, or conviction for any felony sexual offense will not be excluded from the screening process; admission to ADC will be considered on a case by case basis,
c) Defendants have no pending felony cases involving violence or sexual offenses.
· Residence – Must be a resident of Fifth Judicial District (Lyon or Chase County). However, the ADC may accept a defendant with a felony conviction that occurred in another jurisdiction only if:
a) The defendant has ties in the community and will be residing in the Fifth Judicial District long term.
b) The defendant qualifies for transfer to the Fifth Judicial District
c) The defendant signs the voluntary modification for administrative sanctions
d) The Fifth Judicial District Drug Court has sufficient funding for treatment services and
e) The ability to provide adequate community supervision, and
f) The defendant is able to comply with all court requirements including having transportation to enable him/her to attend all meetings, appointments, court sessions and drug testing.
· Physical and mental health status is such that the defendant is able to meet the ADC requirements
· Probation status: An offender who is on felony probation and who has been found to have violated the terms of his/her probation by using alcohol or other mind altering substances may be accepted into ADC.
ENTRY PROCESS
Following is a brief outline of the process by which the Drug court program moves offenders from arrest to treatment/program entry.
1. Affidavit and reports submitted to Prosecutor from law enforcement.
2. Prosecutor reviews affidavit and reports.
3. Prosecutor files felony charges (as described in eligible offense described above) based on Kansas statute.
4. Defendant is convicted of a drug related felony (as described above) and sentenced to community corrections (risk assessment should inform attorneys of defendants' appropriateness for being supervised in the community).
5. Defendant is sentenced to Community Corrections and is subject to frequent UA’s. Defendant is ordered to follow treatment and probation requirements, and schedule an assessment if the assessment has not been scheduled yet.
6. Community corrections will screen individual for eligibility for drug court and determine track assignment
· Determine whether drug court has slots available. If no slots available, individual is assigned to Community Corrections and follows probation and treatment requirements until a slot opens.
· Perform and/or review criminogenic risk and needs assessment (LSIR) based on verifiable information (semi-structured interview, home visits, drug testing results, collateral contacts)
o A score of 24 or higher
A score less than 24 individual is automatically assigned to non-drug court probation
· Treatment performs a thorough drug and alcohol assessment (SASSI, ASI, CAGE-AID, MAST, KCPC) to determine level of substance use disorder.
o Individuals determined to have a moderate to severe substance use disorder (are addicted) are assigned to Drug Court.
o SASSI II dependence rating and number of criteria are considered in admission determination
o Individuals scoring not dependent or mild dependent will be assigned to non-drug court probation.
7. Appear before the drug court judge approximately four to six weeks after sentencing to review the results of the LSIR and drug and alcohol assessment and be formally assigned to Drug Court.
8. Drug Court Participant meets with probation officer, completes paperwork and is assigned to a drug-testing group and court schedule.
9. Probationers previously not admitted into the ADC program are eligible for screening if they continue to test positive for drugs or alcohol and do not respond to non-drug court interventions. The LSI-R score is not a determining factor at that point.
Modified 2/13/17