MONTANA SEVENTH JUDICIAL DISTRICT COURT, RICHLAND COUNTY

DUI TREATMENT COURT

STATE OF MONTANA, / Date:
Plaintiff,
Docket No.:
vs.
, / Judge Katherine M. Bidegaray
Defendant.

DUI TREATMENT COURT CONTRACT

This contract is the Treatment Court contract for ______, who is hereinafter referred to as “I”. “Team” means the 7th Judicial District DUI Treatment Court Team, and includes any of the Team’s individual members. If admitted to the program by the Court, I agree to adhere to the obligations stated and to waive the rights listed below.

By initialing each of the following provisions, I acknowledge that I read and fully understand it.

_____ 1. I have pleaded guilty to or have been found guilty of one or more crimes that will be described in a separate document. I [ ] have [ ] have not been sentenced. I further agree to follow all conditions of probation. Whether or not I have been sentenced, I understand that my successful completion of probation depends upon my successful completion of the treatment court program.

_____ 2. The Judge will have personal knowledge of whether I am complying with this Contract. I hereby waive any right to disqualify, challenge, or request recusal of the Judge from my underlying case based upon knowledge the Judge gains from my participation in Treatment Court or from the Treatment Court Team.

______3. I will have Defense Counsel while I am in Treatment Court. Treatment Court Defense Counsel representation will be limited and non-traditional in that he or she will represent my interests with respect to treatment compliance and sanctions at the Team meetings. Because Treatment Court is a non-adversarial process, I will not have a contested hearing before the Judge on Treatment Court matters, other than termination from Treatment Court. As a result, Treatment Court may impose sanctions on me, including jail time, without a hearing before the Judge. I will, however, be entitled to a contested, adversarial hearing before the Judge if the Team decides to initiate termination proceedings. My Treatment Court Defense Counsel will represent me at such a hearing. If I believe I may be sanctioned or deemed non-compliant with treatment at an upcoming Team meeting, I must contact my Treatment Court Defense Counsel well enough in advance of the Team meeting so he or she can adequately represent my interests at the meeting. If I am terminated from Treatment Court, the Treatment Court Defense Counsel will no longer represent me.

RELEASE OF INFORMATION

_____ 4. I will provide confidential personal information to Team members for them to determine my suitability for the program and my progress (or lack of progress) in the program.

_____ 5. I authorize the release of all treatment information to the Team. I will sign a release of information for my medical, mental health, chemical dependency treatment, legal, social service, and educational records so my providers may provide written and/or oral reports to the Team. This is in Compliance with CFR42-2.

_____ 6. I will hear confidential treatment information regarding other Treatment Court participants during the Treatment Court sessions. I understand that I will be subject to civil and criminal penalties under state and federal and may be terminated from the Treatment Court program if I disclose confidential treatment information outside Treatment Court.

TREATMENT

_____ 7. I will attend, fully participate in, and complete all treatment, counseling, and education sessions, as scheduled, at my own expense.

_____ 8. I will also participate in and complete all programs as required by the Treatment Court, including developing a personal recovery plan, participating in self-help groups, and acquiring a sponsor.

_____ 9. Immediately upon acceptance into Treatment Court, I will begin treatment, at the treatment level determined by the treatment provider and the Treatment Court Team.

_____ 10. I will attend community support groups, recreation activities, workshops, parenting courses, and other activities organized by Treatment Court staff. I understand my graduation from Treatment Court will be delayed if I have not completed ALL required courses and activities.

_____ 11. If my behavior warrants, the Judge and Treatment Court Team may order additional treatment and/or inpatient treatment for me.

SUPERVISION

_____ 12. I will be supervised by the Treatment Court Coordinator and will complete individual face-to-face and telephonic meetings with the Coordinator. If I am on probation, I will also be supervised by a Probation Officer.

_____ 13. The Treatment Court or its designee will inform law enforcement that I am a Treatment Court participant. Law enforcement will inform the Treatment Court Team about any contacts I have with law enforcement, but I must nonetheless notify the Treatment Court Coordinator and my Probation Officer (if applicable) within 24 hours of any contact with law enforcement.

_____ 14. I will not use or possess any prohibited substance. If I use or possess a prohibited substance, I will report that use or possession to the Treatment Court Coordinator and my Probation Officer (if applicable) within 24 hours.

_____15. I will comply with any reasonable request made by law enforcement or the Treatment Court Coordinator, my Probation Officer, or their designee. I agree to subject myself, my possessions, and any place or object in which I claim a right or interest, including but not limited to my residence or vehicle, to a search without a warrant.

_____ 16. I will not change residence without prior approval of the Treatment Court Coordinator and my Probation Officer (if applicable). I will provide notice of any change in my contact information to the Treatment Court Coordinator and my Probation Officer (if applicable) at least 24 hours in advance.

_____ 17. I shall not leave the Seventh Judicial District, even for day trips, unless I obtain prior approval from the Treatment Court.

_____ 18. I will inform each employer of my involvement in Treatment Court and agree that any member of the Treatment Court Team may speak to my employer. I understand that I cannot use work as an excuse for noncompliance with court-ordered tasks. It is my responsibility to schedule work around my court and treatment requirements.

DRUG TESTING

_____ 19. I will provide a proper sample (including but not limited to blood, hair, breath, saliva, perspiration, or urine) for testing for the presence of alcohol or drugs as requested by Treatment Court. I will appear for testing as directed by Treatment Court. I understand that a Treatment Court designee will observe each drug test.

_____ 20. If I miss a drug test, fail to provide a test sample, provide a sample of insufficient quantity, alter a test sample, tamper with an alcohol monitoring device, tamper with a drug test, or produce a diluted or adulterated drug test, Treatment Court will consider the test to be a positive (dirty) test and sanction me accordingly.

_____ 21. If I ingest excessive amounts of fluids, my urine sample may test as diluted, and Treatment Court will treat a diluted urine sample as a positive test and sanction me accordingly.

_____ 22. I understand I have two hours from my call-in time to provide a drug sample. If I miss or alter a test or am late for one, Treatment Court may consider me positive for drugs or alcohol and may subject me to the same consequences as if I had actually tested positive for drugs or alcohol.

_____ 23. If I use a substance prohibited by Treatment Court, I will disclose and admit the use prior to testing. If I fail to disclose use and test positive, I will pay the additional costs associated with test confirmation and will be sanctioned accordingly. The Treatment Court Coordinator has discretion whether to send a test to a lab for confirmation.

PARTICIPATION AND COMPLIANCE

_____ 24. I will appear personally and on time for all scheduled Treatment Court sessions, appointments, and therapy sessions. Treatment Court will sanction me for unexcused absences. I must obtain prior approval from the Treatment Court Coordinator to be absent or late for a Treatment Court function and from the therapist and the Treatment Court Coordinator to be absent or late for a treatment session, even in case of illness.

_____ 25. I will dress appropriately for Treatment Court and treatment sessions. I will not wear clothing that bears violent, racist, sexist, drug- or alcohol-related themes; clothing that promotes or advertises alcohol or drug use; or gang colors, gang clothing, sunglasses, bandanas, or hats.

26. I will refrain from using profanity or glorifying use of drugs or alcohol. I will not make racist, sexist, sexual, violent, or offensive comments. I will not engage in abusive, aggressive, or offensive behavior, or use insulting language or physical gestures. Treatment Court will sanction me for this type of behavior.

_____ 27. I will not bring food, drinks, cell phones, or electronic devices into court hearings.

_____ 28. I will be honest and forthright in all my statements to the Treatment Court Team members, therapist, and law enforcement.

_____ 29. I will seek and maintain employment or obtain employment counseling and complete high school or obtain a GED as directed by the Treatment Court.

_____ 30. I will keep the Treatment Court Coordinator and my Treatment Provider informed of my contact information, including address, telephone numbers, pager, or cell phone numbers. I agree to provide notice of any changes in my contact information at least 24 hours in advance.

_____ 31. I will complete each assignment on the date and time ordered. I will abide by every requirement ordered in my court order. Sanctions will be given accordingly.

_____ 32. I will not use mood-altering substances.

_____ 33. I will not purchase or possess any “designer drugs” that can be purchased legally over the counter without a physician’s prescription. I will not use any said substance that states “not for human consumption” or any variation of not for human consumption.

_____ 34. I will not use or possess alcohol, illicit drugs, and drugs not prescribed to me. I will not associate with persons who use or possess alcohol, illicit drugs, or drugs not prescribed to them.

_____ 35. I will use prescription medication only as directed by the prescribing physician. I will advise each prescribing physician that I am a participant in a substance abuse treatment program. I will confirm with my physician or medical professional that each prescription medication or over-the-counter medication that I consume is non-addictive and does not contain alcohol. I will inform my Treatment Court Coordinator of every prescription medication that I am prescribed.

_____ 36. I will not eat any foods containing poppy seeds, hemp seeds, or alcohol (like vanilla extract, baked Alaska, cherries jubilee, etc); drink “non-alcoholic” beers (like O’Doul’s, Sharps); take over-the-counter medications (like Sudafed or Nyquil); use mouthwashes (like Listermint and Cepacol); use herbal/homeopathic medications, pseudo-ephedrine, colognes, perfumes, body sprays, insecticides, any alcohol-based or personal care product, including hand sanitizers (like Purell, GermX), or any adulterant that may result in a positive drug test.

_____ 37. I will not use or possess medical marijuana or associate with anyone who does.

_____ 38. I will not sexually harass any Treatment Court participant, any Treatment Court Team member, or any treatment provider. I understand that sexual harassment is any unwanted comment, gesture, writing, physical contact, or innuendo that is sexual in nature.

_____ 39. I understand that using medications, even with a prescription, could exclude me from participation in, or trigger my termination from, the Treatment Court program.

_____ 40. I will not use or possess any weapons unless specifically authorized by the Treatment Court and my Probation Officer, if I have one, and will disclose to Treatment Court the presence of any weapons possessed by me or anyone else in my household.

_____ 41. I will not enter any bar, casino, liquor store, or business whose primary business is the sale of alcohol or gaming.

_____ 42. If I violate any of the terms and conditions of Treatment Court, the Judge may order that I be detained or arrested without a hearing or a warrant.

_____ 43. I will not fraternize, or becoming romantically involved, with any other Treatment Court participant or with any member of the Treatment Court Team without prior permission of the Treatment Court Team because this type of fraternization is not conducive to a healthy treatment environment.

_____44. I will pay treatment court costs and fees to the extent that the Treatment Court finds that I have the reasonable ability to pay and my payments will not interfere with my rehabilitation and recovery. I will pay the cost of positive drug tests ($10.00 to $35.00) and the treatment court participation fee, which is currently $25.00 per week, but is subject to change. These costs and fees are subject to change. I will pay for my treatment.

_____45. I will be required to commit to seatbelt use when traveling in a motor vehicle and to transport children in child safety seats that are appropriate for their age, height and weight.

_____46. I am warned that driving while licenses are suspended or revoked may result in incarceration, additional penalties, and increased license suspension periods. I am also expected to appropriately address my transportation needs by relying on properly-licensed friends and family members, walking or bicycling or taking public transportation.