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1 The Drug Court Phenomenon Miami Experiment 1989: 20 Years of Drug Courts American Judges Association Las Vegas, Nevada September 14, 2009 Judge Jeffrey.

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Presentation on theme: "1 The Drug Court Phenomenon Miami Experiment 1989: 20 Years of Drug Courts American Judges Association Las Vegas, Nevada September 14, 2009 Judge Jeffrey."— Presentation transcript:

1 1 The Drug Court Phenomenon Miami Experiment 1989: 20 Years of Drug Courts American Judges Association Las Vegas, Nevada September 14, 2009 Judge Jeffrey Rosinek, ret. 11 TH Judicial Circuit, Florida

2 2 Necessity is the Mother… z1980s – 120,000 new residents in 3 months zMiami Vice – zCocaine Capital of the World zOvercrowded Jails zFederal Order controlling Jail Population zMiddle Class Kids arrested

3 3 Innovative Program zA year of Research: Wetherington, Klein, Reno, Brummer, Goldstein zCollaborative Partnerships – Courts, Prosecutor, Public Defender, County Government, Department of Corrections, Police Agencies, Universities, Treatment Providers

4 4 Innovative Program Cont. z The Rewards: z Lower Recidivism Rate for Drug Court Participants z Reduction in Crime (addicts commit and average of 66 crimes per year) z Cost Savings – local Govt Corrections & Medical z Human Savings – Family

5 5 TEN KEY COMPONENTS Developed by the National Association of Drug Court Professionals

6 6 1. Integration of Treatment Services zUsually use a multiphased treatment process ystabilization xmay include detoxification, initial assessment for treatment, education, and screening for other needs yintensive treatment xindividual and group counseling, acupuncture, and other therapies as needed ytransition phase xemployment, education, housing, aftercare

7 7 2. Non-adversarial Approach zJudge, defense and prosecution work together as a team zTeams focus is on the participants recovery and law- abiding behavior

8 8 3. Early Identification and Prompt placement yOffers a critical window of time to intervene and introduce the value of treatment yOffers an opportunity to link criminal justice and other treatment systems yInitial appearance before a drug court judge occurs immediately after arrest yRequires eligible participants to enroll in AOD treatment immediately

9 9 4. Continuum of Treatment and Rehabilitation Services. yDrug court is a comprehensive, therapeutic experience yCo-occurring problems such as: xmental illness, primary medical problems, HIV and sexually-transmitted diseases, homelessness, educational deficits, unemployment, etc. yCultural and gender appropriate services yFunding for treatment is adequate and dedicated for drug court yTreatment services are accessible and accountable

10 10 5. Drug Testing zFrequent court-ordered testing is essential zTesting is to control participants compliance zAlcohol use contributes to relapse among individuals whose primary drug of choice is not alcohol

11 11 6. Responses to Participants Compliance yAddiction is a chronic, relapsing condition yA pattern of decreasing use before sustained abstinence is common yCooperation and compliance are rewarded yFailure to comply is sanctioned yA continuum of responses is clearly explained yThe response of the court is predictable and swift

12 12 7. Ongoing Judicial Interaction yOngoing judicial supervision increases the likelihood that the participant will remain in treatment yRegular status hearings are used to monitor participant performance yTime between hearings may be increased or decreased, based on compliance yGrouping the participants for single court sessions educates them on the consequences

13 13 8. Monitoring and Evaluation zProcess evaluation xappraises progress in meeting goals zOutcome evaluation xassesses the extent to which the program reaches its long-term goals xuses a comparison group that does not receive drug court services

14 14 9. Continuing Interdisciplinary Education yInterdisciplinary education and training programs xcreate understanding of shared values, goals and procedures xhelp maintain a high level of professionalism xprovide a forum for solidifying relationships between court and treatment personnel xpromote a spirit of commitment and collaboration xabide by confidentiality requirements

15 10. Forging Partnerships zPartnerships generates local support and enhances drug court program effectiveness ydrug courts, ypublic agencies, ycommunity-based organizations, ylaw enforcement and yother drug courts 15

16 16 Helpful Hints for old and new Drug Courts zEducate-drug treatment specialists, police, govt. and attorneys about the court zBe encouraging, but realistic about outcomes zBe aware that its easier staying clean in residential treatment x relapse is more than a possibility for many xthe first six months after discharge is the real test zBe flexible … Be Holistic

17 17 Significant Issues zTampering with urine - goldenseal, coffee grounds, flushing the system with water, wizinator, switching urine samples zDetecting alcohol zInvolving the family (ALANON) - especially teenagers zInvolving significant others zRelapse Prevention zPeople, Places and Things zReporting to Court z 12 Step Fellowships – AA and NA

18 18 Common Issues zThe judges personality ya belief that people can change with support zHousing, housing, housing z Education, education, education z Jobs, Jobs, Jobs z Again…People, Places and Things z Spirituality Drug Court Works

19 19 Dual-Diagnosis Cases zMental illness and substance abuse are often intertwined zDiagnosis of co-occurring mental and addictive disorders is difficult xalcohol and drug abuse may mask other symptoms - diagnosis may be difficult until several months into sobriety zDually diagnosed clients have higher relapse rates zHomeless Population Has Special Needs xH.A.R.T. - Miamis answer

20 The Facts on Drugs and Crime in America zOur nations prison population has exploded beyond capacity. z 1 in 100 U.S. citizens is now confined in jail or prison. zMost inmates are in prison, at least in large part, because of substance abuse. z 80 percent of offenders abuse drugs or alcohol. z Nearly 50 percent of jail and prison inmates are clinically addicted. z Approximately 60 percent of individuals arrested for most types of crimes test positive zfor illicit drugs at arrest. 20

21 The Facts on Drugs and Crime in America Cont. zImprisonment has little effect on drug abuse. z 60 to 80 percent of drug abusers commit a new crime (typically a drug-driven crime) zafter release from prison. z Approximately 95 percent return to drug abuse after release from prison. zProviding treatment without holding offenders accountable for their performance in treatment is ineffective. z Unless they are regularly supervised by a judge, 60 to 80 percent drop out of treatment zprematurely and few successfully graduate 21

22 22 Monthly Graduations

23 23 Collaborative Programs zH.A.R.T. (Homeless Assessment Referral and Tracking) - residential programs (96) zEducation - Through Miami Dade County Public Schools, any GED, Literacy, Vocational Training Classes are free to Drug Court Clients and their families. Miami Service Corp Project [financial support for full time students]

24 24 Collaborative Programs 2 zJobs – Transitions, Inc. Office located on 5 th floor of the courthouse zSupportive Housing – providing first, last and security & funds for ½ way and 3/4 way housing zFriends of Drug Court, Inc.[501 (C)(3) Not for Profit Fla.Corp.]

25 25 County Program: Diversion and Treatment FlowChart Arrest - Defendant detained or Bonds out from Jail Pretrial Detention Center (JAIL) Non-bonded arrestee screened for eligibility and given Pre Trial Release or Bond -Next day, non- released defendants brought to Court -HART -Homeless people earmarked Drug Court -Appear 8:30 A.M. every morning -defense attorney, court staff and judge explain program (Video/DVD) -Defendant: agrees, signs speedy waiver and medical release -Sent to Treatment Program of choice (DATP) taken by corrections bus

26 26 Private Treatment Programs zDefendant has the option to attend the County Program, or attend a private treatment program licensed by Department of Children & Families. zThe Minimum Requirement for Treatment: yTwo Counseling Sessions per week yTwo Drug Tests per week (72 hrs apart), and yTwo 12 Step Meetings per week [AA,NA, Rational Recovery, etc.]

27 Major Issues Rural Drug Courts Face zlack of transportation facilities zRural areas are spread out, with little, if any, public transportation. zBus tokens are frequently given to drug court participants. zLocal officials contracted with a local taxi company to provide transportation. zOne of the tribes purchased a van/bus for this purpose. 27

28 Major Issues Rural Drug Courts Face Cont. zshortage of treatment facilities and other resources. zMost rural areas have limited substance abuse treatment resources at best. zTailoring these services to meet the individual needs of participants (for example, persons who have mental health conditions; who have been sexually abused, who do not speak English, etc.) is usually impossible. zSo, again, what is available often dictates who and who does not participate. 28

29 Major Issues Rural Drug Courts Face Cont. 29 z* lack of ancillary/support services Most drug court participants are in need of a wide range of support services – housing, job skill development, education, employment, etc. -- to sustain their * recovery promote their reintegration into the community.

30 Major Issues Rural Drug Courts Face Cont. 30 zhigh incidence of methamphetamine is particularly prevalent in rural areas which lend themselves to methamphetamine manufacture. Treating the meth addict often requires treating a range of additional medical and dental conditions. This becomes a special challenge for rural areas whose resources are limited and access to needed services so difficult to obtain

31 Major Issues Rural Drug Courts Face Cont. 31 zHowever, in view of the frequent poverty, lack of employment opportunities – zparticularly those that can provide benefits and security rather than simply part-time zhourly wagessocial isolation, and other difficulties of rural life in America – zparticularly economic and their related impacts on other aspects of life – the zproblems of drug use, treatment and recovery take on a special character. In zaddition, the increasing immigrant populations in many rural areas present the zadded need for both court interpreter services and culturally proficient treatment and z other support services.

32 32 Rewards - Sanctions z Monthly Bus Passes z Affordable housing loans – first, last and security z All Star Rewards xGift certificates to Blockbuster, Virgin Records, Starbucks xAdmission passes to local events xEarly placement on Calendar and less frequent court dates z More frequent attendance at court hearings and being called later in the calendar z Greater number of treatment visits per week with more frequent drug tests z Community service hours z Incarceration z Immediate Sanction

33 33 Community Participation

34 34 Expansion of Drug Court Concepts- problem solving courts zAdult Drug Court zJuvenile Drug Court zDependency & Family Drug Courts zMunicipal & Misdemeanor Drug Courts zDUI/DWI Drug Court zCampus Drug Court zDomestic Violence Court zMental Health Court

35 A Drug Court Within Reach of Every American in Need I would also ensure that Congress robustly funds prevention and treatment programs like the Second Chance Act, Drug Courts, and the Drug Free Communities Support Program. I co-sponsored the Second Chance Act and have been a proponent of Drug Courts since my days in Illinois, and I will continue to support (and, in the case of Drug Courts, expand) these programs as President. President-Elect Barack Obama, The Police Chief, October

36 36 zHolistic Approach zNon Adversarial Courtroom zEvaluation Forms – including drug testing –planned and random zQuick Picks/warrants z12 Step -AA/NA/ Rational Recovery a 501©(3) zFlorida Association of Drug Court Professionals and National Association of Drug Court Professionals

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