SM33 Drug Policy Reform Task Force

Meeting on November 9, 2010

Solace Crisis Treatment Center

6601 Valentine Way
Santa Fe, NM

Minutes

Present:

Bill Wiese (Chair)UNM/RWJF

Jennifer WeissHeroin Awareness Committee/ Voices Against Heroin

Chris WendelBH Planning Council

Mike Estrada NMDC

Jane DavisHSC/BHSD (in place of Harrison Kinney)

Jaye Swoboda MD at Questa

Bette Betts ALTSD - Behavior health director

Sheila LewisDPA and Women’s Justice Project

Kristin JonesCYFD

Amber LeichtleRio Arriba County

Valerie Hubbard Drug Policy Alliance

Bruce TriggDOH

Estela VasquezUNM/RWJF Fellow

Eric EichlerDPA intern

Felice MarohnDPA Intern

NEW Action Items:

Jane Davis*Continue with mapping project, coordinating with Kristin Jones for juvenile information, with Amber Leichtle for additional information, with Judy Arcinioco for inventory at OptumHealth, and review of other sources such as Mycommunity.com and the Sentencing Commission.

Shelia Lewis*Convene with Prison Needs and Services members for recommendations

Chris Wendel*Contact Pam Brown to gain evidence to support their proposed recommendation

Bruce Trigg and Felice Marohn

*Have recommendations for next taskforce meeting for MAT and include input from Mike Estrada.

Shelia Lewis*Refine specific recommendations for Task Force to review and support.

Bill Wiese*Provide update to Sen. Sanchez. Meet with Linda Roebuck.

Purposes of the Meeting: Follow up on previous action items; propose additional informational needs for the Task Force; consider recommendations; consider preliminary report of the Task Force.

Minutes from October 19, 2010:Valerie Hubbard raised one issue with Draft Minutes, section B: it was Jane Davis who suggested contact Eli Frezquez with the Santa Fe County Jail. Additionally, the name Amanda was removed. With these changes, the minutes were approved.

Opening comments:

  • Bill Wiese has discussed with Sen. Sanchez extending the life of the Task Force by a year.
  • Bill Wiese requested reports from members and the various committees be succinct and offer specific recommendations with clear action plans. He has e-mailed a recommended format.
  • Bruce Trigg asked about the scope of MAT. Bill Wiese indicated that it should include recommendations for prisons and jails and for community.
  • Chris Wendel recommended that the report focus on areas of Senator Sanchez’ primary interests.
  • The discussion stressed the importance of recommendations being budget neutral.
  • CONCENSUS: The report should recommend that addiction disorders need to be viewed and managed as chronic medical conditions that are treatable, and that this will require a shift in prevalent attitudes.

Follow up from Previous Meeting:

  1. BEHAVIORAL HEALTH SERVICES

Project to create an inventory and to map provider information, breaking out services available to both juveniles and adults, including how people get into services and how systems of care are developed, and information on detention centers.Jane Davis has made progress on the behavioral mapping. This is an on-going database building effort at BHSD and is not ready to be shared yet.

  • Shelia Lewis recommended checking out the New Mexico Sentencing Commission website which has a resource directory. She also recommends MyCommunity.com that is oriented towards consumers.
  • Kristin Jones offered to help to ensure juvenile piece/information is incorporated in the mapping.
  • Amber Leichtle has information and experience on resources and can help with this committee (faith based program).
  • Shelia Lewis proposed Task Force recommendbetter integration and comprehensive resources for individuals seeking health information. Currently resources are incomplete, non-unified, inaccurate etc.
  • New targeted deadline for product to Task Force is early 2011.
  1. PRISON NEEDS and SERVICES

Reportto summarize aspects of prison alcohol and drug census, releases, recidivism, programs, planning, costs, and alternative funding strategies and opportunities, capacity, and barriers, and draft recommendations remains pending. A subcommittee was charged at the October meeting to gather the information from various sources, summarize and make recommendations. This subcommittee has not yet convened. It will include Sheila Lewis (initial convener), Bernie Lieving, Valerie Hubbard, Angie Vacchio, Catie Willging Pam Brown and Mike Estrada.

  1. PEER RECOVERY ACCESS SUBCOMMITTEE

Chris Wendel reported subcommittee’s preliminary recommendation: provide new and enhanced existing access of peer support services (volunteers) to people who are incarcerated in prison facilities and to people who are recently released. Chris will contact Pam Brown to obtain evidence for this recommendation. This recommendation needs to be addressed to Senator Sanchez. In addition, this recommendation should be proposed to the Purchasing Collaborative on December 9th.

  • Chris indicated more is still needed centered on family support system
  • Chris also recognized the need to focus on (1) reducing costs for peer support services – standardizing access, videos, phone calls, or universal badges -- and (2) addressing needs at the county level.

A discussion including various suggestions ensued.

CONCENSUS: Committee came to consensus on formally proposing this recommendation in final report.

D. PRIMARY CARE AND ADDICTIONS

Jaye Swoboda provided a draft report, “Creating a new home for addiction care – the reintegration of substance abuse treatment with primary care and medical homes in New Mexico.”

He summarized the report and proposed the following:

  • Begin educational programs for practicing clinicians and students of health care to improve assessment and treatment skills for addiction.
  • Revisit “carve outs” for behavioral health services and set target/goals for fully integrated primary care and behavioral health services.
  • Assign accountability for creation of continuum of care for patients as they move from one service provider to the next and require medical home setting as location for provision of services.

Jaye reported meeting with Linda Roebuck, who voiced general support but with an open question as to what this would look like.

The medical home model is as yet being developed and is implemented in only to a limited extent in NM. Also a payment model would have to be developed. Chris Wendel recommended beginning this on a limited basis, to demonstrate the concept.

  1. MEDICATION ASSISTED TREATMENT

Update: Bruce Trigg is working with Felice Barohn on MAT recommendations. They will have a written report for the December meeting. It will include a community focus and potential statutory changes. Mike Estrada will also be involved to build alignment with Corrections perspective.

No follow-up reports or discussion on the following agenda items:

Native American issues

Summit on Substance Abuse and Drug Control

Interagency task force

Juvenile Justice Department

Work Group to Plan Hearing for January

Primary Prevention of Alcohol Abuse

Primary Prevention of Other Substance Abuse

County Jails

New Report:

Shelia Lewis briefly described four recommendations she is submitting for Task Force approval: (Full recommendations are attached to these minutes.)

  • Uniform Collateral Consequences Act
  • Amending/refining current conditional discharge and deferred sentencing provisions
  • Qualified support for the Alternatives to Incarceration Bill
  • Support for use of drug courts when appropriate policies and procedures are in place.

Points raised in discussion:

  • Sheila noted persons who are on parole or probation and who fail to follow drug prescription should be referred for treatment rather than sent to jail or back to prison.
  • Mike Estrada mentioned the steps program. Shelia will include this in her recommendations as an alternative.
  • Bruce Trigg noted the parole program has no money.
  • Bill Wiese suggested Sheila look at Hawaii for its use of diversion steps at time of arraignment.

These recommendations will be further discussed at the next taskforce meeting.

Meeting Adjourned at 4:40pm.

Next Meeting:

Monday, December 13, 2010

9:00am - noon

Solace Crisis Treatment Center, 6601 Valentine Way, Santa Fe

Attachment to Minutes of SM 33 Drug Policy Task Force meeting of November 9, 2010

Draft Recommendations Submitted by Sheila Lewis for initial discussion

1. The Task Force strongly recommends enactment of the Uniform Collateral Consequences Act. Under this bill, an individual charged with a crime would be informed at arraignment of collateral consequences affecting employment, education, housing, public benefits, and occupational licensing. At the time of sentencing, the individual could petition the sentencing judge for an order of limited relief from one or more of the collateral consequences.The individual could also petition the parole boardat any time after sentencing for relief from a specific collateral consequence. If relief is granted, it would assist rehabilitated drug offenders to engage in gainful employment, obtain school loans or receive other benefits necessary for successful re-entry into the community.

2. The Task Force strongly recommends amending or replacing New Mexico’s current conditional discharge and deferred sentencing provisions. These dispositions, which appear to give defendant’s a second chance, are in fact available for use for habitual offender purposes, internal sentencing enhancements and collateral consequences. Lured by the belief that such dispositions are not convictions, individuals

waive their right to counsel, admit guilt, and meet all the conditions imposed by the court only to discover years later that the collateral consequences flowing from such dispositions have profoundly affected their lives. Amending those statutes or adopting a new dispositional alternative (such as the Adjournment in Contemplation of Dismissal used in other states) would eliminate these problems.

3. The Task Force supports the Alternatives to Incarceration bill, but recognizes that the role of the prosecutor in determining who should be prosecuted is compromised by the current language. The Task Force also recognizes that prosecutors who are under public pressure may be reluctant to allow anyone into a diversion program. The Task Force recommends that the bill be amended to require the approval of the prosecutor before a person is diverted out of the criminal justice system and to require the prosecutor to state on the record his or her reasons for opposing diversion on a case by case basis. The prosecutor’s failure to exercise discretion on a case-by-case basis should be subject to judicial review.

4. The Task Force strongly supports the use of drug courts when appropriate policies and procedures are in place. In order to ensure fairness and improve their efficacy, drug courts should:

  • Focus resources only on high-risk people facing lengthy jail terms to ensure that drug court is actually a diversion from incarceration and not more restrictive than the conventional sentence.
  • Adopt objective admission criteria and reduce the prosecutor’s role as gate-keeper.
  • Use a pre-plea rather than a post-plea model.
  • Ensure due process protections and enhance the role of defense counsel.
  • Improve data collection and rigor of research.
  • Use drug tests as a treatment tool, not as punishment.
  • Limit the use of jail sanctions for drug law violations.
  • Adopt health measures – not simply abstinence – into program goals.
  • Use evidence-based practices, such as opioid maintenance treatments.
  • Ensure that practices are more health-oriented than punitive.
  • Empower treatment professionals in decision-making.
  • Ensure that punishment for “failing” the program is not worse than the original penalty for the offense

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