Probation’s Role in Drug Court Mack Jenkins, M.S. Chief Probation Officer San Diego County Probation

Session Objectives Describe Probation’s Role in the Drug Court model. Describe Probation’s Role in the Drug Court model. Identify goals of community supervision in Drug Court. Identify goals of community supervision in Drug Court. Identify Best Practiices for Probation in Drug Court practices. Identify Best Practiices for Probation in Drug Court practices.

Drug Court Roles Judge- shares authority with the team. Monitors participant progress Judge- shares authority with the team. Monitors participant progress Prosecutor- becomes a gate keeper for access to treatment, expands advocacy to include treatment. Recognizes the team concept Prosecutor- becomes a gate keeper for access to treatment, expands advocacy to include treatment. Recognizes the team concept Defense- advocates for successful participation. Participates in and contributes to team efforts to hold participant accountable. All while retaining it’s advocacy role Defense- advocates for successful participation. Participates in and contributes to team efforts to hold participant accountable. All while retaining it’s advocacy role

Drug Court Roles Treatment-Provides direct intervention services to assist the participant to recovery. Participates in team discussions ( assessment, case planning, sanction/incentives, etc.) in a manner that maintains tx-client relationship. Treatment-Provides direct intervention services to assist the participant to recovery. Participates in team discussions ( assessment, case planning, sanction/incentives, etc.) in a manner that maintains tx-client relationship.

Probation In The Criminal Justice System Arm of the court Arm of the court Core Functions Include conducting investigations for the court and providing supervision for offenders placed on probation. Core Functions Include conducting investigations for the court and providing supervision for offenders placed on probation. Provides elements of case management Provides elements of case management Conducts Community Supervison. Conducts Community Supervison.

Probation Models In Drug Courts Dedicated Officer with an exclusive drug court caseload. Dedicated Officer with an exclusive drug court caseload. Regular Supervision Officer with cases in a drug court. Regular Supervision Officer with cases in a drug court. Revocation Court ( probation violators) Revocation Court ( probation violators)

Drug Court Community Supervision Defined Community supervision is the effort to proactively monitor the behavior and program compliance of a drug court participant outside of the court room. Community supervision is the effort to proactively monitor the behavior and program compliance of a drug court participant outside of the court room. Community supervision is an element of case management services delivered to a drug court participant. Community supervision is an element of case management services delivered to a drug court participant. In drug court, a primary goal of community supervision is to facilitate behavior change instead of mere compliance monitoring. In drug court, a primary goal of community supervision is to facilitate behavior change instead of mere compliance monitoring.

Purposes of Community Supervision Protect Public Safety Protect Public Safety Deter non compliant behavior Deter non compliant behavior Provide accountability for the participant Provide accountability for the participant Support progress of the participant Support progress of the participant Detection and early intervention Detection and early intervention Serve as an adjunct to treatment Serve as an adjunct to treatment Extend the team into the community Extend the team into the community

Protecting Public Safety Drug offenders often commit offenses to support drug habits Drug offenders often commit offenses to support drug habits Users are more likely than non-users to commit crimes. Users are more likely than non-users to commit crimes. Drug offenders commit a disproportionate among of property crime. Drug offenders commit a disproportionate among of property crime. Effective supervision interdicts criminal behavior. Effective supervision interdicts criminal behavior.

Deter Misconduct A primary goal of effective supervision is to create a conscientiousness of being “watched” by the drug court team. A primary goal of effective supervision is to create a conscientiousness of being “watched” by the drug court team. Random and frequent contacts are intended to cause the participant to think twice about engaging in behavior that is not conducive to recovery. Random and frequent contacts are intended to cause the participant to think twice about engaging in behavior that is not conducive to recovery.

Accountability Ensure participant complies with probation terms and/or program rules. Ensure participant complies with probation terms and/or program rules. Ensure participant attends and is engaged in treatment. Ensure participant attends and is engaged in treatment. Application of “coerced” treatment Application of “coerced” treatment

Support Progress of the Participant Supervision provides the opportunity for an immediate response to both positive and negative participant behavior. Supervision provides the opportunity for an immediate response to both positive and negative participant behavior. Using incentives ( verbal praise, tokens, certificates, etc.) to reinforce desired behavior and behavior change. Using incentives ( verbal praise, tokens, certificates, etc.) to reinforce desired behavior and behavior change. Regular supervision contacts can help support recovery tools, and help the participant resist the urge to use. Regular supervision contacts can help support recovery tools, and help the participant resist the urge to use.

Early Detection and Intervention Supervision can interrupt the relapse process through; Supervision can interrupt the relapse process through; –Knowledge of a participants relapse prevention plan –Recognizing an offenders personal trigger –Prompt sanctioning of misbehavior –Re-directing the participant to treatment

Adjunct to Treatment An important role for supervision is to share information from the field seamlessly with treatment and the entire team. An important role for supervision is to share information from the field seamlessly with treatment and the entire team. A basic function is to confirm and inform. A basic function is to confirm and inform. Identify discrepancies in information. Identify discrepancies in information. Support treatment plan goals. Support treatment plan goals.

Extend the Team into the Community Absent effective community supervision, a drug court team is operating in the blind. Absent effective community supervision, a drug court team is operating in the blind. The supervision officer can be a key in presenting a “united” front to the participant. The supervision officer can be a key in presenting a “united” front to the participant.

Indicators of Drug Use Failure to report/missing appointments. Failure to report/missing appointments. Change in normal appearance, unkempt disheveled. Change in normal appearance, unkempt disheveled. Change in temperament -unusually quiet or nervous conversation. Change in temperament -unusually quiet or nervous conversation. Disassociation with pro-social friends, i.e. non-using roommate moves out. Disassociation with pro-social friends, i.e. non-using roommate moves out. Unusual or inappropriate behavior reported by family or other association. Unusual or inappropriate behavior reported by family or other association.

Effective Probation/Community Supervision Practices Assessment and reassessment Assessment and reassessment Supervision strategy Supervision strategy Rapport building Rapport building Home visits Home visits Periodic searches Periodic searches Drug testing Drug testing Specialized terms/program rules Specialized terms/program rules

Assessment/Reassessme nt May use an actuarial risk/needs assessment. May use an actuarial risk/needs assessment. Identify risk to recidivate and criminogenic needs. Identify risk to recidivate and criminogenic needs. Become familiar with criminal and treatment history. Become familiar with criminal and treatment history. Assessment should include strength areas. Assessment should include strength areas. Review arrest reports. Review arrest reports. Assessment information should drive the case plan. Assessment information should drive the case plan. Assessment should be on going and at regular intervals. Assessment should be on going and at regular intervals.

Supervision Strategy Supervision strategy should be designed to achieve goals of supervision. It should include; Supervision strategy should be designed to achieve goals of supervision. It should include; –Frequency –Location –Mode ( face to face, telephone, collateral, etc.) –Structuring participant free time. Require the participant to maintain a daily planner. The planer should include scheduled activities between contacts. Use the planner as a guide for field contacts.

Employ Core Correctional Practices Probations Offices Should Utilize the Following Interventions in working with Participants Probations Offices Should Utilize the Following Interventions in working with Participants –Effective Reinforcement –Effective Disapproval –Effective use of Authority –Cognitive Restructuring –Structured Skill Building –Problem Solving –Relationship Skills/Motivational Interviewing

Home Visits Announced and unannounced Announced and unannounced Based on assessment information and supervision strategy Based on assessment information and supervision strategy Vary the times, non governmental hours Vary the times, non governmental hours Engage the family Engage the family Evaluate condition of the home Evaluate condition of the home Drug test Drug test Support compliance and positive progress Support compliance and positive progress

Searches The ability to conduct searches is determined by statue, type of court, nature of the court order, waivers and consents to search. The ability to conduct searches is determined by statue, type of court, nature of the court order, waivers and consents to search. Clearly state the provisions in program rules. Clearly state the provisions in program rules. Should be done randomly. Should be done randomly. Look for drugs and signs of drug use paraphernalia, etc. Look for drugs and signs of drug use paraphernalia, etc. Periodic searches serve to enforce program rules and sobriety. Periodic searches serve to enforce program rules and sobriety.

Drug Testing Drug testing should be randomized to the maximum extent possible. Drug testing should be randomized to the maximum extent possible. The frequency of testing should be tied to the drug of choice used by the target population, phase requirements. The frequency of testing should be tied to the drug of choice used by the target population, phase requirements. If practicable, use multiple specimens (urine, saliva, hair, etc.) If practicable, use multiple specimens (urine, saliva, hair, etc.) All urine drug tests should be OBSERVED. All urine drug tests should be OBSERVED. Plan to test during home visits, office visits and court appearances. Plan to test during home visits, office visits and court appearances.

Specialized Terms/Program Rules Tailor program terms/rules to address the needs and behaviors of an individual participant, or the target population in general. Tailor program terms/rules to address the needs and behaviors of an individual participant, or the target population in general. Consider: Consider: –Curfews –Association restrictions –No alcohol –No prescription medication with out approval –Area restrictions ( i.e. high drug areas, “hang out” areas etc.) Don’t have rule that you cannot effectively enforce. Don’t have rule that you cannot effectively enforce.

Additional Issues Impacting Probation In Drug Court

Working with Treatment Relation must be as seamless as possible. Relation must be as seamless as possible. Establish and maintain regular communication. Establish and maintain regular communication. Ensure appropriate release of information forms are place. Ensure appropriate release of information forms are place. Have a general understanding of the treatment modality ( harm reduction vs. abstinence). Have a general understanding of the treatment modality ( harm reduction vs. abstinence). Agree on the information to be exchanged, i.e. drug tests, general progress in treatment, criminal history, etc.). Agree on the information to be exchanged, i.e. drug tests, general progress in treatment, criminal history, etc.). Must present a “united front” to the a participant. Must present a “united front” to the a participant.

Competency Areas For Drug Court Probation Officers Drug Court Probation Officers should be knowledgeable in: Drug Court Probation Officers should be knowledgeable in: –Addiction –Psychopharmacology –Stages of Change –Relapse –Field safety skills –Working in an interdisciplinary team

Check list For Probation Dedicated Officer/case load Y/N Dedicated Officer/case load Y/N Caseload size? Caseload size? Risk Assessment? Risk Assessment? Case Planning? Case Planning? Frequency of Contacts? Frequency of Contacts? Trained In Core Correctional Practices? Trained In Core Correctional Practices? Field Activity/Home Contacts? Field Activity/Home Contacts?

Summary In Drug Court, Probation’s Role is to employ a “Balanced Approach” a part of the team effort to facilitate behavior change. In Drug Court, Probation’s Role is to employ a “Balanced Approach” a part of the team effort to facilitate behavior change. Utilize a range of practices to ensure accountability and support recovery. Utilize a range of practices to ensure accountability and support recovery. Develop a supervision strategy that targets the behaviors associated with recidivism. Develop a supervision strategy that targets the behaviors associated with recidivism. Enhance skills in key competency areas. Enhance skills in key competency areas.

Mack Jenkins Mack Jenkins