IDAHO  ADULT  DRUG  COURT

GUIDELINES  FOR

EFFECTIVENESS  AND  EVALUATION

Developed with assistance from the

National Institute of Correction

 

Adopted by the Drug Court Coordinating Committee on September 26, 2003

 

Introduction

Idaho, like many other states throughout the nation, has come to view drug courts as an effective means of reducing substance abuse and related crime.  Drug courts utilize many common and established practices such as drug testing, close supervision of offenders, substance abuse treatment, and judicial monitoring but combine them in a unique way to better address the needs of the offender, the justice system, and the community.  The specifics of just how these practices are carried out may vary by drug court, particularly as practitioners continue to experiment with techniques that further drug court development and as local jurisdictions tailor them to the types of offenders, crimes, and resources within a given community.  However, all drug courts are based upon key, underlying principles that define them as drug courts and ultimately account for their success.

 

Drug Courts in Idaho

Drug courts in Idaho were officially recognized by the State Legislature in March of 2001 with passage of the Idaho Drug Court Act, and accompanying appropriations 

 

Statement of Policy  - The Goals of Drug Courts

The Idaho Legislature established the following goals for drug courts:

 

The Drug Court Act provides that the district court in each county may establish a drug court which shall include graduated sanctions and rewards, substance abuse treatment, close court monitoring and supervision of progress, and educational or vocational counseling as appropriate as well as other requirements established by the district court, in accordance with standards developed by the drug court coordinating committee. 

 

The Drug Court Act requires the Idaho Supreme Court to establish a Drug Court Coordinating Committee to develop guidelines for drug courts addressing eligibility, identification and screening, assessment, treatment and treatment providers, case management and supervision and evaluation. 

 

It is the intention of the Idaho Supreme Court Drug Court Coordinating Committee to establish guidelines that are useful in:

·        assisting district courts to establish drug courts that are based on research-based, best practices,

·        maintaining consistency of key drug court operations across the state, and

·        establishing a foundation for valid evaluation of the results and outcomes achieved by Idaho’s drug courts. 

 

Guidelines Description

The purpose of this document is to set forth guidelines to provide a sound and consistent foundation for the operation and evaluation of Idaho’s drug courts. These guidelines articulate research-based best practices and identify elements that are correlated with desired results and outcomes. 

 

These guidelines are not rules of procedure and have no effect of law.  They are not the basis of appeal by any drug court participant and lack of adherence to any guideline is not the basis for withholding any sanction or readmitting a participant who is terminated for any cause. 

 

The Guidelines provide a basis for each drug court to establish its own procedures that reflect standards of operations, the needs of participants, and the resources available in the community.

 

The Guidelines are based on principles gleaned from current research and credible, published resources in the areas of criminal justice and addiction treatment, with specific focus on drug courts.  A list of these resources is provided at the end of the document.   The Guidelines were developed and refined through input from Idaho drug court professionals and stakeholders and represent a consensus about appropriate practice guidance. 

 

The Idaho Drug Court Act states: “The [Drug Court Coordinating] committee shall also develop guidelines for drug courts addressing eligibility, identification and screening, assessment, treatment and treatment providers, case management and supervision, and evaluation”. The guidelines are organized under these headings. In addition, Coordination of Services has been added to encompass guidelines related to the partnerships, also envisioned in the statute, that are so vital to effective drug courts.

 

 

 

 

 

 

 

 

 

 

 

ADULT  DRUG  COURT GUIDELINES 

FOR  EFFECTIVENESS  AND  EVALUATION

 

Each district court should establish written policies and procedures that describe how the drug court(s) will implement these statewide guidelines as well as any additional guidelines, policies, and procedures necessary to govern its operations.

 

1.0            ELIGIBILITY

 

1.1              No person has a right to be admitted into drug court.

[I.C. 19-5604]

 

1.2            No person shall be eligible to participate in drug court if:

(A) the person is currently charged with, has pled or has been adjudicated or found guilty of, a felony crime of violence or a felony crime in which the person used either a firearm or a deadly weapon or instrument.    [I.C.19.5604.b.1]

 

(B) the person is currently charged with, or has pled or been found guilty of, a felony in which the person committed or attempted to commit, conspired to commit, or intended to commit a sex offense  [I.C. 19.5604.b.2]

 

1.3            Each drug court will define its target population, identify the characteristics of that target population, including criminogenic risk and needs, and establish written criteria for drug court acceptance and exclusion.

 

1.4            Each drug court will establish a written procedure for deciding how individuals will be considered for acceptance into drug court, including who will have input into that decision and giving final control to the drug court judge.

 

1.5            Each drug court should identify eligible individuals quickly, screen them as soon as possible, advise them about the program and the merits of participating, and place them promptly in the drug court in order to capitalize on a triggering event, such as an arrest or probation violation, which can persuade or compel participants to enter and remain in treatment.

 

1.6            Coerced treatment is as effective or more effective than voluntary treatment.  Participants should not be excluded from admission solely because of prior treatment failures or a current lack of motivation for treatment. Drug courts should implement motivational enhancement strategies to engage participants and keep them in treatment.

 

1.7            Payment of fees, fines, and/or restitution is an important part of a 

participant’s treatment, but no one, who is otherwise eligible, should be denied participation solely because of inability to pay, although graduation may be delayed until balances are paid.

 

1.8            Cooperation among drug courts is encouraged, within the constraints of available resources, to facilitate transfer of eligible applicants or current participants to the drug court that is most accessible to them.

 

1.9       Participants with a mental illness should be accepted and/or retained in drug court if the mental health evaluation indicates they are amenable to the drug court model, including imposition of a reasonable range of sanctions and incentives.

 

2.0            Identification and Assessment

 

            2.1            Prospective drug court participants should be identified through a                                              structured screening process designed to determine if they meet the drug                             court target population eligibility criteria.

 

            2.2             Screening procedures should include using consistent, written criteria and

                        nationally standardized and validated instruments, such as the TCU Drug                                Dependency Screen (TCUDS), prior to acceptance into drug court.

 

            2.3            Prospective drug court participants shall be screened for criminogenic                             risk and needs using the Level of Services Inventory – Revised (LSI-R)                                prior to acceptance into drug court.  [IC 19.5604]

 

2.4       Because a high percentage of drug dependent offenders also have a diagnosable mental illness, it is recommended that each drug court develop procedures to    identify participants with a mental illness, to

refer them to an available mental health provider for evaluation and

treatment, and to seek regular input from that provider regarding these participants.  Screening for mental illness should use consistent state criteria prior to acceptance into drug court.

 

2.5       The treatment plan for substance abuse or dependence will be based on a                              clinical assessment, performed by a qualified professional, including a                                structured, bio-psycho-social assessment and a determination of the

appropriate level of care, using current ASAM criteria. (American Society of Addiction Medicine)

           

2.6              Participants should be initially assessed and periodically reviewed by both

            court and treatment personnel to ensure that individuals are suitably

            matched to appropriate treatment and interventions.

 

 

 

 

3.0             Treatment and Treatment Providers

 

3.1       Treatment paid for by state funds will be provided in programs approved by the Idaho Department of    Health and Welfare under promulgated Rules and Minimum Standards Governing Alcohol / Drug Abuse Prevention and Treatment Programs, which have been revised to address the needs of drug court participants.  Treatment funded by other than state funds will be provided in programs approved by the Executive Committee of the Statewide Drug Court Coordinating Committee.

 

3.2       Treatment is primarily intended for chemically dependent individuals assessed as being of medium to high criminogenic risk.  Low-risk individuals should be treated in a specialized, substantially separate track designed for participants with low composite criminogenic risk.

 

3.3       Treatment should be provided to address identified, individualized criminogenic needs.

 

3.4               Treatment should include the following:

 

(1)       A cognitive behavioral model, including interventions designed to address criminal thinking patterns.

 

(2)       Techniques to accommodate and address participant stages of change. 

Members of the drug court team should work together to engage  participants and motivate participation.  The consistent use of techniques such as motivational interviewing and motivational enhancement therapy should be employed to reduce client defensiveness, foster engagement, and improve retention.

 

(3)       Family treatment to address patterns of family interaction that increase the risk of re-offending, to develop family understanding of substance use disorders and recovery, and to create an improved family support system.

 

(4)       Referral of family members to appropriate community resources to address other identified service needs.

 

(5)       Incorporation of parenting and child custody issues and the needs of children in the participant’s family into the treatment plan and addressing them through the effective use of community resources.

 

(6)       Monitoring of abstinence through random, observed urinalysis or other approved drug testing methodology that occurs no less often than twice weekly or ten times per month in the “Orientation and Engagement” and “Intensive Treatment” Phases and no less often than once per month during the remainder of drug court participation.

 

(7)       Regular clinical/treatment staffings to review treatment goals, progress, and other clinical issues.

 

                        (8)   The prompt and systematic reporting to the drug court treatment team                     of the participant’s behavior, compliance with, and progress in                                        treatment; the participant’s achievements; the participant’s                                                         compliance with the drug court program requirements; and any of the                       participant’s behavior that does not reflect a recovery lifestyle.

 

(9)  Progressive phases that include the goals described below:

 

(a)     The goals of the Orientation and Engagement Phase are to establish the participant’s abstinence; to have him or her understand and accept that he or she has an alcohol/drug dependence problem; demonstrate initial willingness to participate in treatment activities; become compliant with the conditions of participation in drug court; establish an initial therapeutic relationship; and commit to a plan for active treatment.

 

(b)     The goals of  the Intensive Treatment Phase are to have the

participant demonstrate continued efforts at achieving abstinence;  develop an understanding of substance abuse and offender recovery tools, including relapse prevention; develop an understanding and ability to employ the tools of cognitive restructuring of criminal/risk thinking; develop the use of a recovery support system; and assume or resume socially accepted life roles, including education or work and responsible family relations.

 

(c)      The goals of the Transition/Community Engagement Phase are to have the participant demonstrate continued abstinence; demonstrate competence in using recovery and cognitive restructuring skills, in progressively more challenging situations; develop further cognitive skills such as anger management, negotiation, problem solving and decision making, financial and time management; connect with other community treatment or rehabilitative services matched to identified criminogenic needs; demonstrate continued use of a community recovery support system; and demonstrate continued effective performance of socially-accepted life roles.

 

(d)     The goals of the Maintenance/Aftercare Phase are to have the

participant demonstrate internalized recovery skills with reduced program support; demonstrate ability to identify relapse issues, and intervene; and contribute to and support the development of others in earlier phases of the drug court program.

 

(10)  The Orientation and Engagement and the Intensive Treatment Phases together should not be completed in less than 90 days and should provide at least 100 hours of planned therapeutic activity.  The Orientation and Engagement, Intensive Treatment, and Transition/Community Engagement Phases together should typically be completed in 9 to 12 months.  The Maintenance/Aftercare Phase should be available to participants for a minimum of 6 months.

 

(a) Organizing the treatment goals into four phases herein is not

      intended to prevent a drug court from organizing these

      treatment goals into fewer or more phases in its particular    

      program.

 

 (b)  Nothing herein is intended to recommend that a drug court

        organize its program so that a participant must complete all of

        the goals in one of these four phases before beginning                   

        treatment to achieve goals in the next phase.  For example, a

        participant could begin treatment to attain goals in the

        Maintenance/Aftercare Phase before completing all of the

                                            goals in the Transition/Community Engagement Phase.

                                            Rather, the intent is to recommend that a drug court organize

                                            its treatment into progressive phases with clearly-identified

                                            goals and that movement through its phases of treatment 

        should be based on progress and demonstrated competencies

        in attaining those goals and not merely upon the participant’s

        time in a phase.

 

  ©   Treatment intensity/phase assignment should be based on

         treatment need, including application of the American                

         Society of Addiction Medicine (ASAM) Patient Placement

         and Continuing Stay Criteria, and should not be adjusted as a

         means of imposing a sanction for non-compliance, unless

         such non-compliance indicates a need for more intensive

         treatment.

 

 (d)   Treatment services should be responsive to ethnicity, gender,

         age, and other characteristics of the participant.

 

  (e)  Medications should be utilized in conjunction with treatment

       services if there is approved need.

 

(f)   Nothing herein is intended to recommend that the treatment

       provider perform all of the treatment activities listed in

       subsection (a).  For example, in a particular drug court, the

       Department of Correction may provide cognitive restructuring

       treatment and the local sheriff may provide urinalyses.

 

 

(g)       The treatment provider shall have written guidelines

        describing how it will provide any of the treatment activities

        that are its responsibility, and the drug court shall have

        written guidelines describing how the remaining treatment

        activities will be implemented.

 

 

4.0       CASE MANAGEMENT AND  SUPERVISION

 

4.1          Each participant should appear in court for a status hearing at least

            once per month, and more frequently during the Orientation and   

            Engagement Phase or if the participant is not in compliance with

            drug court requirements.

 

Research shows that high-risk drug court participants have better outcomes if they appear in court every two weeks.

 

The frequency of court appearances can decrease as the participant progresses through the phases of treatment, but it should not be less than once per month           

 

4.2            Prior to each of his or her court appearances, each participant’s treatment progress and program compliance should be discussed at a staffing by the drug court team.  During that staffing, the drug court team should also discuss rewards or sanctions for the participant and phase movement or graduation.

 

4.3              Drug court team members are those personnel who regularly meet

during drug court staffings to consider participant acceptance into

drug court, to monitor progress, and to discuss sanctions and

phase movement or graduation.  The drug court should specify

who will be members of the drug court team.

 

4.4              The drug court team includes, at a minimum, the Judge,

prosecutor, defense attorney, probation/community supervision

officer, treatment provider, and coordinator.  It may also include

other members such as mental health providers, health providers,

drug testing personnel, vocational services personnel, and law

enforcement.

 

4.5            All drug court team members should be specifically identified in

the “consent(s) for disclosure of confidential information”, signed by the participant.

           

4.6       The judge will serve as the leader of the drug court team, and

should maintain an active role in the drug court processes,

including drug court staffing, conducting regular status hearings,

imposing behavioral rewards, incentives and sanctions, and

seeking development of consensus-based problem solving and

planning.

 

4.7       The drug court team should meet quarterly in a forum dedicated to

               addressing program issues such as cross-training, policy changes,

program development, quality assurance, communication, and

problem solving.

 

4.8            Community supervision should play a significant role in the drug court program.   Home visits conducted by appropriately-trained personnel are a key element in community supervision.  Each drug court should work with the Department of Correction or an appropriate agency to arrange for home visits and other community supervision.

 

4.9            Each drug court should have a written drug testing policy and protocol describing how the testing will be administered, standards for observation to ensure reliable specimen collection, laboratory to be used, procedures for confirmation, and process for reporting and acting on results.

 

            4.10            Drug testing should be available on weekends.

 

4.11     The drug court should give each participant a handbook setting forth the expectations and requirements of participation and the general nature of the rewards for compliance and sanctions for noncompliance.              

 

4.12            Research has shown that for sanctions to be effective, they must be, in order of importance: (a) certain, (b) swift, (c) perceived as fair, and (d) appropriate in magnitude.  While sanctions for noncompliance should generally be consistent, they may need to be individualized as necessary to increase effectiveness for particular participants.  When a sanction is individualized, the reason for doing so should be communicated to the participant to lessen the chance that he or she, or his or her peers, will perceive the sanction as unfair.

 

            Research has shown that successive sanctions imposed on a participant should be graduated to increase their effectiveness.

 

            Any increase in treatment intensity should be in addition to a sanction imposed for noncompliance.  It is important that the judge convey to the participant that the sanction for noncompliance is separate from the change in treatment intensity.  Changes in treatment intensity should be based upon clinical need and not imposed as a sanction for noncompliance. 

 

4.13            Positive responses, incentives, or rewards to acknowledge desired

participant behavior are emphasized over negative sanctions or

            punishment.  Research shows that four positive reinforcements to 

            each punishment is most effective.

 

4.14            All members of the drug court team should maintain

frequent, ongoing communication of accurate and timely

information about participants to ensure responses to

compliance and noncompliance are certain, swift and

coordinated.

 

4.15            The drug court should have a written policy and procedure for adhering to appropriate and legal confidentiality requirements and should provide all team members with an orientation regarding the confidentiality requirements of 42 USC  290dd-2,

 42 CFR Part 2.

 

A model Consent for Disclosure is attached as Appendix A.

 

4.16            Participants must sign an appropriate consent for disclosure

 upon application for entry into drug court.

 

4.17            Care should be taken to prevent the unauthorized disclosure