Superior Court of Georgia
Eastern Judicial Circuit
Savannah-Chatham County Drug Court
Policies & Procedures Manual
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SAVANNAH-CHATHAM COUNTY DRUG COURT
Policies and Procedures Manual
FOREWORD
The purpose of this document is to provide a general description of: (a) the policies and procedures to be followed in the operation of the Savannah-Chatham County Drug Court (hereinafter “Drug Court”) and (b) the core competencies of Drug Court team members. The policies and procedures of Drug Court were developed in accordance with the standards and guidelines, assistance, and technical advice of the following organizations:
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• National Association of Drug Court Professionals
• National Drug Court Institute
• National Drug Court Resource Center
• Bureau of Justice Assistance
• Substance Abuse and Mental Health Services Administration
• Center for Substance Abuse Treatment
• Georgia Administrative Office of the Courts
• Georgia Criminal Justice Coordinating Council
MISSION
The mission of the Savannah-Chatham County Drug Court is to reduce substance abuse and drug related criminal activity by providing quality substance abuse treatment and case management services to its participants.
GOALS
The goals of Drug Court are:
1. To assist Drug Court participants in becoming abstinent and maintaining sobriety;
2. To minimize recidivism among Drug Court participants and graduates;
3. To improve the quality of life of Drug Court participants and their families through vocational training and substance abuse education; and
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4. To improve public safety by reducing the crime rate in our community.
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ORGANIZATION
Drug Court will be advised by a steering committee composed of a superior court judge (the designated Drug Court judge), the District Attorney or her designee, the Circuit Public Defender or his designee, Drug Court coordinator, and representatives of the treatment provider, law enforcement, and probation, alumni and such others as the committee may add. The committee will meet at least quarterly.
The day to day operation of Drug Court will be managed by the Drug Court team composed of the Drug Court judge, the coordinator, a prosecutor, an assistant public defender(s), a law enforcement representative, a treatment case manager, and such others as the team may add. The Drug Court judge is the final arbiter for all decisions.
INTRODUCTION
Drug Court is specifically designed to facilitate the treatment and rehabilitation of non-violent felony drug offenders who meet the admissions criteria established by the Drug Court steering committee, are diagnosed with substance dependence or abuse, and wish to change.
Successful operation of Drug Court relies on the cooperation of the participants in the criminal justice process; however, each participant must adopt a role in Drug Court different from his or her traditional one. The judge steps beyond the independent and objective arbiter role and develops new expertise. The judge is the leader of the Drug Court team that seeks to provide drug treatment and rehabilitation to its participants. This active, supervisory relationship is maintained throughout treatment and allows for early and frequent judicial intervention. The judge actively engages with the participants by encouraging and rewarding appropriate behavior and discouraging and penalizing inappropriate behavior. The judge is knowledgeable about treatment methods and their limitations.
The roles of the Drug Court prosecutor and the Drug Court assistant public defender are also different. The prosecutor reviews the case and determines if the defendant is eligible for Drug Court, participates in a coordinated strategy for responding to positive drug tests and other program violations, agrees that a positive drug test or open court admission of drug possession or use will not result in the filing of additional charges based on that admission, and makes recommendations regarding the participant's continued enrollment in the program based on performance in treatment rather than on legal aspects of the case, barring additional criminal behavior.
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The assistant public defender reviews arrest, charging, and program documents, advises the defendant as to the nature and purpose of Drug Court, the rules governing participation, the consequences of abiding or failing to abide by the rules, and how participating or not participating in Drug Court will affect his or her interests, explains all of the rights that the defendant will temporarily or permanently relinquish, gives advice on alternative courses of action, and discusses with the defendant the long-term benefits of sobriety and a drug-free life. The assistant public defender explains that criminal prosecution will not be invoked for admitting to alcohol or drug use in open court, encourages the defendant to be truthful with the Judge and with treatment staff, and informs the defendant that he/she will be expected to speak directly to the Judge, not through an attorney.
Drug Court operates on the principles that:
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• Substance abuse is a long-term, damaging process that can only be repaired with long- term treatment.
• Substance abuse is indicative of other serious problems that often contribute to the debilitation of the individual as a functioning member of society; therefore, the underlying causes of drug abuse must be confronted and treated in order to maximize recovery.
• The crisis of arrest and incarceration makes addicts their most amenable for intervention; therefore, it is important for confrontation and intervention to occur immediately following arrest.
• Relapse and sporadic progress is to be expected; therefore, progressive sanctions and incentives must be an integral part of the Drug Court program.
• Communication among Drug Court team members must be streamlined and fully utilized to ensure that the judge recognizes the proper incentives and sanctions for each participant and applies them at the appropriate time for maximum efficacy.
ELIGIBILITY STANDARDS
Persons must meet certain criteria to be eligible as candidates for Drug Court. Those eligible are the "target population" for Drug Court.
Eligible defendants are those who:
A.1 have been convicted of attempted possession or possession of a controlled substance (or other approved charges decided on a case by case basis) through a negotiated guilty plea; and
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A.2 are sentenced to a period of probation of at least three (3) years;
OR
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B.1 are already on probation having previously been convicted of possession of a controlled substance, attempted possession of a controlled substance, forgery, deposit account fraud, theft (involving low monetary amounts), or financial transaction theft and fraud (or other approved charges decided on a case by case basis); and
B.2 have at least three (3) years remaining on their sentence of probation; and
B.3 test positive on at least one drug screen while on probation or admit to using drugs or alcohol while on probation.
The following factors will exclude individuals from being eligible for Drug Court:
1. “Violent offender” status as contemplated by the federal government for Drug Court admission purposes, 42 U.S.C. §3797u-2:
“[T]he term "violent offender" means a person who–
(1) is charged with or convicted of an offense, during the course of which offense or conduct–
(A) the person carried, possessed, or used a firearm or dangerous weapon;
(B) there occurred the death of or serious bodily injury to any person; or
(C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offense or conduct of which or for which the person is charged or convicted; or
(2) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm”;
2. Illegal alien status;
3. Pending felony charges in this or any other jurisdiction, unless the pending case is a new felony under A.1above;
4. New felony arrest while participating in the program, which also requires termination from the program.
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Some other factors may exclude certain individuals from being eligible for Drug Court. These include:
1. Prior felony convictions;
2. Mental illness which would interfere with the participant’s ability to meaningfully participate in treatment;
3. Being on felony probationary status at time of arrest on new charge, unless Defendant’s overall conduct while on probation merits consideration.
REFERRAL PROCESS
Referrals to the Drug Court Program are made through one of two methods:
New Arrests:
The prosecutor and the assistant public defender or retained defense counsel agree to the Drug Court Program as part of the defendant’s negotiated plea. The District Attorney’s Office informs the Drug Court treatment providers so that they may make arrangements with the defendant to do a clinical assessment at the treatment office or in the jail. If the assessment shows that the defendant is suitable for the program, the ADA will transfer the case to the Drug Court judge for the guilty plea and Drug Court contract signing.
Probation Violations:
During the probation violation process, the probation officer identifies a defendant who might be a suitable candidate for the program. The probation officer brings the information to the Drug Court team to discuss the referral and the appropriateness of the defendant for Drug Court. The probation officer provides the team with all information he or she has on the defendant. The prosecutor provides further information regarding the defendant’s criminal history. Once eligibility has been confirmed, an arrest warrant is then issued for the defendant, if he or she has not already been taken into custody on a probation violation warrant.
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Upon incarceration, the treatment staff will be notified and an assessment will be conducted as soon as possible, preferably within two weeks. The counselor will explain how the defendant was referred to the program, the structure of the program, and emphasize its requirements. The defendant will be asked if he/she has a substance abuse problem. If the defendant agrees to participate, the defendant then completes the initial screening. If the defendant denies a substance abuse problem, the case manager will proceed with rejecting the defendant from the program. During this assessment period, the defendant will attend one or more Drug Court sessions. The treatment staff will provide a recommendation to the Drug Court team, and if accepted into the program, the attorney will begin the contract process.
It is important that a defendant being considered for Drug Court understand how they may benefit from participating in the program, what rights they give up by participating, what will be expected of them if they participate, and what sentence they are likely to receive if they choose not to participate or if they participate and fail to successfully complete the Drug Court program.
If an attorney has been informed that the defendant may be eligible for the program, they shall advise the defendant as follows: the Drug Court judge will again explain the program to the defendant in court. The defendant, at this point, will formally accept or reject the offer. If the defendant refuses to participate in Drug Court, the defendant will be placed on the regular probation revocation track. If the defendant chooses to participate in Drug Court, the probation violation petition will remain pending, and the defendant will enter a plea of guilty, sign the Drug Court contract, and be released from jail with instructions as to where he or she must go immediately upon release from the jail. The defendant will be expected to begin treatment within 24 hours of release from jail. Upon the defendant’s acceptance into Drug Court, the Probation Department will be released from their traditional supervision responsibilities for the defendant as the Probation Department provides a designated probation officer to serve on the team as outlined in the subsequent Drug Court Probation Officer role.
ADVICE TO BE GIVEN TO DEFENDANTS
Attorneys should give their participants all the information and advice they think appropriate, but it should include the following:
A. What they will get out of the program.
1. They will be released on their own recognizance and there will be no bond costs. Participation in the program will be a condition of their bond.
2. Although they will enter their consent to revocation in Drug Court before entry into the treatment program, sentencing on the revocation will be postponed pending their successful completion of the program (so they will have no fine, court costs or probation supervision fees to pay if they complete the program successfully).
3. If they successfully complete the program, the consent probation revocation will be dismissed, and they will be found to have successfully completed the requirements for discharge under the First Offender Act or otherwise have completed their probation sentence, if applicable.
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4. They will be drug-free and will have learned how to stay that way by the time they complete the Drug Court Program.
B. What will be expected of them
1. They must complete an intensive two (2) year, five (5) phase program that will begin with counseling sessions and community support meetings (A.A., N.A., Celebrating Recovery, Smart Recovery, etc.) seven (7) times a week. As they move through the phases, the attendance requirement will be relaxed.
2. They will have randomly scheduled drug screens several times per week.
3. They must appear weekly in court during Phase I and II for a judicial review of their progress. Appearances will be less frequent during later phases.
4. Program violations will result in sanctions that could range from admonishment by the judge to a period of incarceration.
5. Participants must be employed full-time unless the judge approves something less.
6. In lieu of bond, court costs, fines, and probation fees, participants must pay a Program fee of $1,000 in installments of $10 per week, until the balance is paid in full. Accumulated payments equal to one-fourth of the fee will be mandatory in order to advance through each phase of the Drug Court program.
7. Participants must not drink alcohol in any form or use drugs.