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
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.
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
of information regarding
participants. Progress reports, drug testing results, and other information
regarding a participant and disseminated to the drug court team, must not be
placed in a court file that is open to examination by members of the
public. Information regarding one participant
should not be placed in another participant’s file.
5.0 EVALUATION
5.1
Specific and measurable criteria marking progress should
be established and recorded
for each drug court participant (ie.
abstinence, compliance with program requirements, participation in treatment,
restitution, etc.).
5.2 Specific and measurable goals for the overall drug court
should be established and used
as parameters for data collection and information
management.
5.3 Drug Courts should
utilize the ISTARS Drug Court Module
to
record
client information and information on participation, treatment services,
further recorded offenses, phase movement and graduation.
5.4 A wide variety of timely and useful reports should be available from ISTARS for review by drug court team members but such reports should not include information that identifies the participants.
5.5
Drug courts will provide utilization data
to the Idaho Supreme
Court promptly by the 10th of the
month. The utilization report provides
at a minimum, the number of participants active in drug court at the start of
the month, the number of new admissions to drug court during the month, the
number of drop-outs and graduates during the month, and the number of
participants enrolled on the last day of the month.
5.6 Data to allow process evaluations, to
assess whether the drug court is functioning as intended, should be collected
throughout the course of the program, particularly in the early stages of
implementation.
5.7 Outcome evaluations using comparison groups should be implemented to determine long-term
effects of the drug court.
5.8 Initial drug court intake information must be obtained
for each participant assessed for entry into drug court. Complete intake
information must be obtained for all participants who enter drug court. This data must be entered into the ISTARS
drug court module or maintained in a single hard copy file if the drug court
module is not yet available. This
information is essential to evaluate the effectiveness of the Idaho Drug Courts.
5.9 The
district court of each county which has implemented drug court(s) shall annually evaluate the
program’s effectiveness and
provide
a report to the Supreme Court, as requested.
5.10 A
client feedback evaluation should be conducted twice-per-year by each drug court.
5.11 An
annual report, The Effectiveness of Idaho
Drug Courts will be presented
to the Governor and the Legislature by the Idaho Drug Court Coordinating Committee, no
later than the first day of the Legislative
session.
5.12 Evaluation results should be
reviewed at frequent intervals and used to analyze operations,
modify program procedures, gauge
effectiveness, change
therapeutic interventions, measure and
refine program goals, and make decisions about continuing or expanding the program.
5.13
Evaluation
results should be shared widely.
6.0 PARTNERSHIPS / COORDINATION
OF SERVICES
6.1 Formal
written agreements provide the foundation for collaboration, working
relationships, and operating policies
and
procedures between the Idaho Supreme Court, the Idaho Department of Health and
Welfare and the Idaho Department of Correction and should be updated annually.
6.2 Each drug court should work to
establish partnerships with public and private agencies and community based organizations in order to
generate local support and enhance
drug court program effectiveness.
6.3 A local coordinating or steering committee of
representatives from organizations
and agencies such as the court, community organizations,
law enforcement, corrections, treatment and rehabilitation
providers, educators, health and social service agencies, and faith community should meet regularly to provide guidance and direction to
the drug court program and aid in
the acquisition and
distribution of resources related to the drug court.
6.4 A successful drug court requires the
active participation of both the prosecuting attorney and defense counsel in a
non-adversarial setting, consistent with their ethical responsibilities.
6.5 Quarterly drug court team meetings should be held to
provide for cross-disciplinary and team development training for all members.
The Judge, as team leader, is responsible for assuring
participation. The Drug Court
Coordinator is responsible for assessing training needs and arranging
training.
6.6 A state training conference for drug court
teams should be
held annually, budget funds permitting.
6.7 Information on national and regional, drug court training
opportunities will be disseminated to all drug courts, by the Statewide Drug
Court Coordinator.
Idaho, like other states across the country, now has both the potential and the opportunity to participate in the evolution of the drug court as an important part of the American justice system. Idaho’s District Courts can use the essential drug court principles, together with the statewide guidelines as a foundation for creating new drug courts and for maintaining and evaluating existing drug courts. These principles and guidelines will assure reasonable consistency while still enabling appropriate flexibility to shape drug courts to meet regional needs. The result will be a strong, consistent, statewide drug court system that will produce positive outcomes for offenders and the community.
1. Drug
courts integrate alcohol and other drug treatment services with justice system
case processing.
2. Using a non-adversarial approach,
prosecution and defense counsel promote public safety while protecting
participants’ due process rights.
3. Eligible participants are identified
early and placed promptly in the drug court
program.
4. Drug
courts provide access to a continuum of alcohol, drug, and other related
treatment and rehabilitation services.
5. Abstinence
is monitored by frequent alcohol and other drug testing.
6. A
coordinated strategy governs drug court responses to participant compliance.
7. Ongoing judicial interaction with
each drug court participant is essential.
8. Monitoring
and evaluation measure the achievement of program goals and gauge
effectiveness.
9. Continuing
interdisciplinary education promotes effective drug court planning,
implementation, and operations.
10. Forging partnerships among drug courts,
public agencies, and community-based organizations generates local support and
enhances drug court effectiveness.
National
Institute on Drug Abuse - Principles of Drug Addiction Treatment
1. No
single treatment is appropriate for all individuals.
2. Treatment needs to be readily available.
3. Effective treatment attends to
multiple needs of the individual, not just his or her drug use.
4. An individual’s treatment and services
plan must be assessed continually and modified as necessary to ensure that the
plan meets the person’s changing needs.
5. Remaining
in treatment for an adequate period is critical for treatment effectiveness.
6. Counseling (individual and/or group)
and other behavioral therapies are critical components of effective treatment
for addiction.
7. Medications are an important element
of treatment for many patients, especially when combined with counseling and
other behavioral therapies.
8. Addicted or drug-abusing individuals
with coexisting mental disorders should have integrated treatment for both.
9. Medical detoxification is only the
first stage of addiction treatment and by itself does little to change
long-term drug use.
10. Treatment does not need to be
voluntary to be effective.
11. Possible drug use during treatment
must be monitored continuously.
12. Treatment
programs should provide assessment for HIV/AIDS, hepatitis B and C, tuberculosis, and other infectious diseases
and counseling to help patients modify or change behaviors that place
themselves or others at risk of infection.
13. Recovery from drug addiction can be
a long-term process and frequently requires multiple episodes of treatment.
(From Correctional
Program Assessment Inventory – 2000, Gendreau and Andrews, 2001)
1.
Organizational
Culture
Effective organizations have
well-defined goals, ethical principles, and a history of efficiently responding
to issues that have an impact on the treatment facilities. Staff cohesion, support for service
training, self-evaluation, and use of outside resources also characterize the
organization.
2.
Program
implementation/Maintenance
Programs are based on
empirically-defined needs and are consistent with the organization’s
values. The program is fiscally
responsible and congruent with stakeholders’ values. Effective programs also are based on thorough reviews of the
literature (i.e., meta-analyses), undergo pilot trials, and maintain the
staff’s credentials.
3.
Management/Staff
Characteristics
The program director and
treatment staff are professionally trained and have previous experience working
in offender treatment programs. Staff
selection is based on their holding beliefs supportive of rehabilitation and
relationship styles and therapeutic skill factors typical of effective
therapies.
4.
Client
Risk/Need Practices
Offender risk is assessed by
psychometric instruments of proven predictive validity. The risk instrument consists of a wide range
of dynamic risk factors or criminogenic needs (e.g., anti-social attitudes and
values). The assessment also takes into
account the responsivity of offenders to different styles and modes of
service. Changes in risk level over
time (e.g., 3 to 6 months) are routinely assessed in order to measure
intermediate changes in risk/need levels that may occur as a result of planned
interventions.
5.
Program
Characteristics
The program targets for change a
wide variety of criminogenic needs (factors that predict recidivism), using
empirically valid behavioral/social learning/cognitive behavioral therapies
that are directed to higher-risk offenders.
The ratio of rewards to punishers is at least 4:1. Relapse prevention strategies are available
once offenders complete the formal treatment phase.
6.
Core
Correctional Practice
Program therapists engage in the
following therapeutic practices:
anti-criminal modeling, effective reinforcement and disapproval,
problem-solving techniques, structured learning procedures for skill-building,
effective use of authority, cognitive self-change, relationship practices, and
motivational interviewing.
7.
Inter-Agency
Communication
The agency aggressively makes
referrals and advocates for its offenders in order that they receive high
quality services in the community.
8.
Evaluation
The
agency routinely conducts program audits, consumer satisfaction surveys,
process evaluations of changes in criminogenic need, and follow-ups of
recidivism rates. The effectiveness of
the program is evaluated by comparing the respective recidivism rates of
risk-control comparison groups of other treatments or those of a minimal
treatment group.
Drug
Courts Program Office-Policy Considerations
1. Drug
courts should establish and formalize more effective linkages with local
service delivery systems and State and local alcohol and drug agencies.
2. States
and localities should explore the development of drug court treatment
standards.
3. Drug
court professionals and drug court treatment providers need skill-based
training and technical assistance to improve engagement and retention of
participants.
4. Drug
courts should improve the methods and protocols for screening, assessing, and
placing participant in treatment.
5. Drug courts should implement effective
management information systems to monitor program activity and improve
operations.
6. To achieve greater impact within the
communities they service, drug courts should strive to expand capacity and
demonstrate that they are integral to the justice and substance abuse treatment
systems.
References
& Available Resources
Treatment
Services in Adult Drug Courts: Report on the 1999 National Drug Court Treatment
Survey published by the US Department of Justice, Office of
Justice Programs, Drug Courts Program Office.
Defining
Drug Courts: The Key Components published by the US
Department of Justice, Office of Justice Programs, Drug Courts Program Office.
Guideline
for Drug Courts on Screening and Assessment published by the US
Department of Justice, Office of Justice Programs, Drug Courts Program Office.
Principles
of Drug Addiction Treatment: A Research-Based Guide
published by the National Institute on Drug Abuse.
Drug Court Publications Resource Guide, Fourth Edition
published by the National Drug Court Institute.
www.american.edu/justice American University Technical
Assistance Program
www.nadcp.org National Association of Drug Court
Professionals
www.ndci.org National Drug Court Institute
www.ojp.usdoj.gov/BJA Office of Justice Programs,
Department of Justice, Bureau of Justice Assistance
www.ojjdp.ncjrs.org Office of Juvenile Justice and
Delinquency Prevention
Contact:
The
Idaho State Supreme Court
Norma
D. Jaeger, Coordinator
(208)
947-7406
Idaho Adult Drug Court - Consent
for
Disclosure Of Confidential Substance Abuse Information
I,
____________________________________________, hereby give my permission for
an
(Name of Defendant)
ongoing exchange of
information among _____________________________________________,
drug / alcohol treatment provider (s)
the following
individuals and agencies working together in _______________________ Drug Court
County or District
q
Drug Court Presiding
Judge
q
Prosecuting Attorney
or Deputy Prosecuting Attorney
q
Public Defender /
other Defense Counsel
q
Misdemeanor Probation
Staff
q
Drug Court
Coordinator / Drug Court Staff
q
Local law enforcement
agency personnel, in their capacity as drug court team member
q
Idaho Department of
Correction Probation or Pre-sentence staff
q
Other service
agencies who are providing services to participants of this drug court
q
My victim(s), to the
extent my information is in the presentence investigation report
q
Department of Health
and Welfare and its substance abuse management contractor
and also
_____________________________________________________________________
Name
of Person Relationship
and also
_____________________________________________________________________
Name
of Person Relationship
and also
_____________________________________________________________________
Name
of Person Relationship
The purpose of, and need for, this exchange of information
is to provide information about my eligibility and acceptability for drug
court, about the treatment I need, and about my progress. The information to be exchanged may include
information about my diagnosis, treatment plan, treatment attendance, program
compliance, progress, and prognosis related to each drug court phase of
participation. This information will
allow the team to plan and coordinate the services I need, to impose
appropriate sanctions or rewards for my behavior, to submit billings for my
services, to maintain data about me, and to audit, evaluate, or conduct
research about drug court activities and effectiveness. It will also allow any persons named in this
consent (such as family members) to be involved in my drug court
activities. I further understand that
some or all of this information will be discussed in open court, where
any person in the courtroom may hear the information. The nature of the information to be shared will include, but is
not limited to: arrest and prior criminal record, intake, risk and alcohol/drug
use assessment and diagnosis information, treatment plans, court directives,
drug test results, progress reports, reports of program compliance and other
related behavior, and recommendations for services, sanctions, and rewards.
Disclosure of this
otherwise confidential information may be made only as necessary for, and
pertinent to, hearings, case planning, treatment and/or reports concerning Case
No. ___________. No person, other than
as listed above, will have access to this information without my further
consent.
I understand that
this consent will remain in effect until there has been a formal and effective
termination of my involvement with the drug court for the above referenced
case, either by my successful completion of the drug court requirements OR upon
sentencing for my original offense, if I am terminated from drug court, OR upon
written revocation. I understand that
revoking this consent will result in my termination from drug court. I agree
that the disclosure of the above information, prior to drug court termination,
sentencing, and / or revocation of this consent shall not be a breach of my
right to confidentiality.
I understand that any
disclosure made is bound by Part 2 of Title 42 of the Code of Federal
Regulations (42CFR, part 2), which governs the confidentiality of substance
abuse patient records and that recipients of this information may re-disclose
it only in connection with their official duties, and only with respect to
these particular criminal proceedings.
_____________ ______________________________ ____________ ___ _______________________
Date Defendant Printed Name
Defendant Signature