Baltimore City District Drug Treatment Court

Judicial Training Guidelines

The STEP-DRUG Treatment Court Program (DTC) provides an innovative alternative to the traditional method of handling drug related criminal behavior. DTC embraces the philosophy that changing addictive behavior requires constant vigilance, motivation, reinforcement and treatment to prevent relapse and return to criminal activity.

For many defendants the Drug Court Judge is the first person in a position of authority who listens to their concerns and intercedes on their behalf. Judicial authority is one of the most important tools in shaping defendant behavior and the Drug Court Judge has an opportunity to use the position of office to insist on program compliance and impose consequences for failure.

The courtroom tends to be less formal where the Judge plays many roles including that of mentor, confessor, disciplinarian, motivator, and enabler. The Judge actively engages the defendant in direct dialogue to understand and address problems. DTC proceedings are as much directed towards the audience (who are waiting their turns) as they are to interacting with each defendant. The courtroom experience provides a didactic opportunity for the Judge to influence and change behavior and to highlight successes and failures from which others can learn.

These guidelines contain suggested procedures and protocols the sitting judge will need for managing the DTC docket. It should be used in conjunction with the program documents, i.e. Policies and Procedures Manual, Participant Handbook that are contained in the Judge’s Orientation packet. Orientation will also include: (1) sitting with the presiding Drug Court Judge for three to four drug court sessions/day, (2) attending a drug court graduation, (3) visiting each treatment provider.

Jamey Hueston,

Judge – in –Charge

Drug Court

Table of Contents

1.PRE-CALL OF DOCKET3

2.ENTRANCE INTO DTC3

Eligibility

Assessment

Bench Notes

Sentence and Probation Order

  1. STAFFING CONFERENCE4
  2. PROGRESS CONFERENCE5

Court Bench Notes

Order of Cases

Phases6

  1. ACUPUNCTURE 6
  2. TREATMENT6

Modalities

Transitional Housing

Placement

  1. AFTER-CARE8
  2. SANCTIONS AND INCENTIVES8
  3. GPS - HOME MONITORING10
  4. DRUG TESTING10
  5. SUPPORT SERVICES10
  6. GRADUATION CRITERIA11
  7. NEW CHARGES12
  8. BENCH WARRANTS12
  9. TERMINATION13

16.LASTLY13

17.EXHIBITS 14

JUDICIAL TRAINING GUIDELINES

1.PRE-CALL OF DOCKET

DTC dockets include progress hearings, bench warrant returns, violation of probation hearings and new entrance cases.

Both the Court Clerk and the DetentionCenter have been instructed to bring defendants to the courtroom at the beginning of each drug court session so that they may benefit from the experiences of those defendants who precede them. Per agreement of the BaltimoreCityDetentionCenter, five detainees may be in the courtroom under the supervision of one jail guard at any one time. Practically though, it takes judicial vigilance to ensure the jail brings the detainees to the courtroom timely and in groups.

2.ENTRANCE INTO DTC

Eligibility

Upon referral to DTC theState’s Attorney’s office screenscandidates for initial eligibility pursuant to the DTC Eligibility Criteria (Exhibit 1).

Assessments

The Division of Parole and Public Safety (P&P), Assessment Unit administers the ASI Assessment to determine a candidate’s amenability to treatment and to the program. Preliminarily, Assessment Unit will have the candidate complete an Orientation and Interest Notice (Exhibit 2).

The assessment involves the following areas:

Health – physical & mental

Legal status

Substance abuse

Employment/support

Family history

Family/social relationships

Candidates are also administered the Psychopathy Check List Revised (PCLR) to screen for criminality. Candidates who scores above a 39 are ineligible to enter DTC .

The State's Attorney provides the Court with the assessment of each candidate at the DTC entrance hearing. The State’s Attorney maintains the assessment after the conclusion of the hearing. The Court is urged to follow the treatment recommendation contained in the Assessment unless otherwise persuaded by salient factors.

Treatment providers also assess each participant upon entry into their program and periodically throughout treatment.

Assessments are ordered if there is a disruption is treatment for over 30 days e.g. participantis returned to court on a Bench Warrant.

Entry Bench Notes

At the entrance hearing the Judge completes the New Entry Data Form for each participant which provides background information and other relevant information including: age, schooling, with whom the defendant resides, prior criminal history, prior drug history and addiction, work experience, health etc.(Exhibit 3) The court should specifically note the treatment recommendation provided in the assessment and the actual placement.

Sentence and Probation Order

The Court traditionally imposes the following sentence at program entry:

  • 2-4 years incarceration (depending on the extent of prior convictions) to be suspended, 3 years probation, (or the maximum sentence if less than 2 years)
  • Completion of S.T.E.P. Drug Court Program
  • Attend daily NA and FIRM meetings
  • No less than 2 urinalyses (U/A’s) weekly
  • No less than 2 probation supervision meetings weekly
  • 40 hours of volunteer service
  • Court costs are to be paid by the completion of the program

A DTC sentence stamp is provided on the bench.

Probation orders must be prepared for each separate file where a defendant has multiple cases. However, the court should designate only one main file for all subsequent documentation.

3.STAFFING CONFERENCE

The purpose of staffing is to develop a coordinated response to motivate Participant conduct and success. It also serves to avoid adversarial hearings which can undermine program effectiveness. However, the court shall ultimately determine the final sanction or response upon consideration of the staffing discussion and participant’s in-court comments.

Approximately 30 minutes before each DTC hearing, the DTC team, consisting of the judge, probation agent, assistant state’s attorney and public defender, case manager & treatment provider as needed, will meet in the DTC judge’s chambers to review the day’scases. Particular attention will be paid to participants who are struggling in the program to determine a unified approach for recalcitrant behavior. Cases regarding other participants shall be reviewed as necessary to address particular circumstances.

Treatment providers are a vital part of the team and are always invited to participate at staffings and hearings. However, as multiple treatment providers service DTC the probation agent will request that a particular provider be present at the staffing and progress hearing. In the alternative, providers should be available for a conference call at both the staffing and progress hearing, regarding participants who are struggling.

The probation agent will provide the team with a written Progress Conference Report(Exhibit 4)of each participant to facilitate discussions regarding the appropriate responses to program lapses and successes. The Report includes information regarding treatment, N/A attendance, urinalysis results, program compliance and other relevant information. Before each hearing, the DTC judge’s secretary will also provide Judge’s Notes, a summary of each case.

4.PROGRESS CONFERENCE

Consistent judicial supervision and monitoring of participants is one of the hallmarks of DTC. It is an opportunity for the court to encourage participants and to motivate positive behavioral changes. Progress Conferences are conducted twice monthly for participants in Phases 1 & 2 and once monthly for participants in Phases 3 & 4. Best practices indicate that the judge should spend at least 3 minutes with each participant. Participants should also routinely show the judge their daily NA slips and completed monthly calendars at each session. Suggested progress dates will be provided by the probation agent or State's Attorney. The court should also schedule more frequent conference as needed.

Court Bench Notes

After each progress hearing the judge shall complete the Judge’s Notes section of the Progress Conference Report. The court should especially note changes in treatment recommendations and the actual placements. These notes provide an ongoing history and inform other judges who may occasionally replace the primary DTC judge. The notes should be given to the DTC secretary for inclusion in the Judicial Notes system.

The Court shall also notate the main court file with the new progress hearing date provided by the AssistantState’s Attorney or Probation Agent. The Probation Progress Summary and Judge’s Bench Notes are placed in the main file.

Order of Cases

To maximize the learning opportunity at Progress Conferences participants with the most favorable reports should be called first in the order of thelatest Phase to the newest i.e.,participants in Phase 4 are called first, Phase 2 are called second etc.They are also permitted to leave after their hearing as an incentive for positive behavior. It also provides good role modeling and maximizes the learning opportunity for the audience. However, Phase 1 participants are required to remain in court throughout the entire session to learn from the court experience.

Participants with poor progress reports should be called next in the order of least problematic to most.

New entrance cases, participants returning on sanctions and bench warrants should be called last to impress firsthand the expectations of the Program.

Phases

Phases note the achievement of specific benchmarks or goals.(Exhibit 5)Phase advancements are always highlighted in open court on progress conference dates and the participant is presented with a certificate of advancement.

5.ACUPUNCTURE

Acupuncture helps to decrease drug cravings, and increases the likelihood of treatment success. Addicts Changing Together Substance Abuse Program (ACT-SAP) is a 45 day acupuncture and substance abuse treatment program at the BaltimoreCityDetentionCenter. Supportive programming is also provided and includes computer and life skills training.

Referrals to acupuncture require the court to stamp the court file and Bench Notes “Refer to Acupuncture”. The Public Defender will also send a referral notice to ACT-SAP.

At the completion of ACT-SAP, the treatment counselor will provide a treatment plan to the probation agent & Case Manager within two (2) weeks before completion of the program.

6.TREATMENT

Participants will be assigned to a treatment placement based on the results of their assessment. The court usually follows the recommendations of the experts, although the ultimate decision rests with the court. Case managers are responsible for obtaining residential placements and Probation agents are responsible for obtaining outpatient placements. Placements will be announced in court.

Modalities

Participants may be moved to different modalities, depending on their response to treatment. The treatment modalities available to DTC participants are:

  • Intermediate Care Facility: a residential facility for clients who are ambulatory and require hospitalization. Intermediate Care programs provide an intensive treatment regimen of individual and group therapy as well as other activities aimed at the physical, psychological and social recovery the addicted individual. Clients usually remain in residence for two to six weeks. Services include: medical services; individual, group and family consequences; essentials of daily living such as shelter, meals and clothing; and support groups.
  • Halfway House: a Transitional Residential Care facility providing time-limited services to clients who have received prior evaluation or treatment in a primary or intermediate care program. These clients are expected to seek employment and move to a position of personal and economic self-sufficiency. Services include: case management; social and vocational skills development; supportive counseling; and essentials of daily living such as shelter, meals, and clothing.
  • Intensive Outpatient Treatment: a non-residential program that provides highly structured treatment services to clients and their families for six or more hours per week. Services include individual, group, and family counseling; drug/alcohol education; referral; and support groups.
  • Outpatient Treatment: a non-residential program that provides treatment services to clients and their families for less than six hours per week. Services include individual, group and family counseling; drug/alcohol education; referral; and support groups.
  • Medication Assisted Therapy (Methadone & Suboxone Treatment): a non-residential program offering drug abuse treatment and rehabilitation employing methadone and other medications in the detoxification or maintenance treatment of heroin or other opioid abusers. Services include: medical services; abusers. Services include: medical services; individual, group and family counseling; educational and skill development and support groups.
  • Therapeutic Community: the program provides a highly structured environment in combination with moderate to high intensity treatment and ancillary services to support and promote recovery; and is characterized by its reliance on the treatment community as a therapeutic agent. The program must provide 36 hours of therapeutic activities per week which should include, but is not limited to weekly individual counseling, group counseling, alcohol and drug education, career counseling, nutrition education, and family services.
  • Detoxification

Transitional Housing

Transitional housing is recommended for participants who require a structured living environment. All participants assigned to transitional housing will also be referred to intensive out-patient programs unless the transitional housing facility is licensed to provide treatment by the Department of Health and Mental Hygiene.

Transitional Housing is almost always required for persons completing ACT-SAP after being returned on a Bench Warrant. All participants who are assigned to non-certified transitional housing will also be referred to intensive outpatient programs.

Placement

Case Management staff shall arrange all treatment placements and will provide the information to the court before completion of acupuncture or at the hearing date.

Court referrals to transitional housing or in-patient treatment are made by stamping the court file and bench notes: “Acupuncture Completed, transport to:

______on ______

(Name of Program)(Date)

BCDC will transport Defendants to the designated location.

7.AFTER-CARE

Upon completion of treatment the provider will complete an Aftercare Services Plan for each DTC participant (Exhibit 6). Probation Agents will ensure that The Plan is provided to the court at the Progress Hearing. The judge shall monitor compliance with the aftercare plan at each progress conference.

8.SANCTIONS AND INCENTIVES

Modification of addictive behavior is one of the primary goals of DTC. To encourage positive behavior participants are rewarded by the Court for successful program compliance through the use of incentives. Research demonstrates that every positive

behavior should be rewarding.

Rewards include:

  • Applause
  • Verbal praise
  • Place participant on the “A-Team”
  • Award a "STEP Pen" to each participant upon completion of the first 90 days of sobriety
  • Award a trinket to each participant upon completion of an additional 90 days of sobriety
  • Decrease program supervision, urinalysis, progress reporting dates, NA meetings
  • Encourage the defendant to give a brief speech to the court audience

The importance of positive reinforcements cannot be underscored and the Court's award of incentives is limited only by its imagination.

Participants also quickly learn through the imposition of graduated or progressive sanctions that there are immediate and swift consequences for inappropriate behavior. Sanctions include:

Treatment Sanctions

  • Increase intensity and frequency of treatment
  • Increase supervision, urinalysis testing, acupuncture, n/a meetings

Supervision/Behavioral Sanctions

  • Increase progress hearings
  • Imposition of a curfew
  • Essays
  • Community service
  • GPS-Home Monitoring*
  • Jail House Incarceration **
  • Shock incarceration***

*GPS – See below

**Jail House incarceration entails detaining a participant in the court house throughout the day and releasing at the end of the business day.

***Shock incarceration generally involves short bursts of incarceration 1 – 3 days, depending on the severity of the infraction(s). Its purpose is to interrupt negative behavior, but the court should aim for the minimal amount of time to accomplish its goals.

DTC recognizes that relapse is expected and part of recovery; therefore, incarceration sanctions are not generally imposed for drug usage. Harsh sanctions are particularly inappropriate in the early phases of the program when participants are just beginning to engage in treatment and learning drug-free behavior.

Sanctions and Incentives are imposed pursuant to a matrix. (Exhibit 7)

9.GPS - HOME MONITORING

GPS monitoring is utilized for participants who are not following program requirements and who are in need of strict supervision. The Probation agent is responsible for fitting the participant and monitoring the unit. Three GPS units are available for DTC usage and usage will be for no more than 60 days per participant as appropriate.

See (GPS Policy Exhibit 8)

10.DRUG TESTING

Urine Tests

Urine tests are administered by the probation department according to the Phase protocol. The testing schedule can also be increased as determined by the court.

Best practices indicate that drug testing should be available on a random basis 7 days per week. However, the Probation Department tests on Monday, Tuesday, Thursday and Friday only. To supplement, DTC treatment providers test randomly and on state holidays if possible. Results are placed in the SMART (MIS program) and reported to the probation agent.

Oral Drug

The court can require participants in court to submit to oral drug tests. This is especially indicated for participants whom the court suspects is using drugs or to spot check. In court, the tests will be administered by the Case Managers according to the attached protocol. (Exhibit 9) Random drug testing is the most effect method of achieving sobriety among this population; therefore the court should also endeavor to administer at least one random oral test at each court session. Oral tests are also administered by both the Probation agents and case managers at their offices randomly and as needed.

Breathalyzer Tests

Breathalyzer tests are also administered by the Probation agents at their office both randomly and as needed.