Transcript Miami-Dade Adult Drug Court - American Judges Association
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
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Necessity is the Mother…
1980’s – 120,000 new residents in 3 months Miami Vice – Cocaine Capital of the World Overcrowded Jails Federal Order controlling Jail Population Middle Class Kids arrested 2
Innovative Program
A year of Research: Wetherington, Klein, Reno, Brummer, Goldstein Collaborative Partnerships – Courts, Prosecutor, Public Defender, County Government, Department of Corrections, Police Agencies, Universities, Treatment Providers 3
Innovative Program Cont.
Lower Recidivism Rate for Drug Court Participants The Rewards: Reduction in Crime (addicts commit and average of 66 crimes per year) Cost Savings – local Gov’t Corrections & Medical Human Savings – Family 4
TEN KEY COMPONENTS
Developed by the National Association of Drug Court Professionals
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1. Integration of Treatment Services
Usually use a multiphased treatment process stabilization may include detoxification, initial assessment for treatment, education, and screening for other needs intensive treatment individual and group counseling, acupuncture, and other therapies as needed transition phase employment, education, housing, aftercare 6
2. Non-adversarial Approach
Judge, defense and prosecution work together as a team Team’s focus is on the participant’s recovery and law abiding behavior 7
3. Early Identification and Prompt placement
Offers a critical window of time to intervene and introduce the value of treatment Offers an opportunity to link criminal justice and other treatment systems Initial appearance before a drug court judge occurs immediately after arrest Requires eligible participants to enroll in AOD treatment immediately 8
4. Continuum of Treatment and Rehabilitation Services.
Drug court is a comprehensive, therapeutic experience Co-occurring problems such as: mental illness, primary medical problems, HIV and sexually-transmitted diseases, homelessness, educational deficits, unemployment, etc.
Cultural and gender appropriate services Funding for treatment is adequate and dedicated for drug court Treatment services are accessible and accountable 9
5. Drug Testing
Frequent court-ordered testing is essential Testing is to control participant’s compliance Alcohol use contributes to relapse among individuals whose primary drug of choice is not alcohol 10
6. Responses to Participant’s Compliance
Addiction is a chronic, relapsing condition A pattern of decreasing use before sustained abstinence is common Cooperation and compliance are rewarded Failure to comply is sanctioned A continuum of responses is clearly explained The response of the court is predictable and swift 11
7. Ongoing Judicial Interaction
Ongoing judicial supervision increases the likelihood that the participant will remain in treatment Regular status hearings are used to monitor participant performance Time between hearings may be increased or decreased, based on compliance Grouping the participants for single court sessions educates them on the consequences 12
8. Monitoring and Evaluation
Process evaluation appraises progress in meeting goals Outcome evaluation assesses the extent to which the program reaches its long-term goals uses a comparison group that does not receive drug court services 13
9. Continuing Interdisciplinary Education
Interdisciplinary education and training programs create understanding of shared values, goals and procedures help maintain a high level of professionalism provide a forum for solidifying relationships between court and treatment personnel promote a spirit of commitment and collaboration abide by confidentiality requirements 14
10. Forging Partnerships
Partnerships generates local support and enhances drug court program effectiveness drug courts, public agencies, community-based organizations, law enforcement and other drug courts 15
Helpful Hints for old and new Drug Courts
Educate -drug treatment specialists, police, gov’t. and attorneys about the court Be encouraging , but realistic about outcomes Be aware that it’s easier staying clean in residential treatment relapse is more than a possibility for many the first six months after discharge is the real test Be flexible … Be Holistic 16
Significant Issues
Tampering with urine - goldenseal, coffee grounds, flushing the system with water, wizinator, switching urine samples Detecting alcohol Involving the family (ALANON) - especially teenagers Involving significant others Relapse Prevention “People, Places and Things” Reporting to Court 12 Step Fellowships – AA and NA 17
Common Issues
The judge’s personality a belief that people can change with support Housing, housing, housing Education, education, education Jobs, Jobs, Jobs Again…People, Places and Things Spirituality
Drug Court Works
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Dual-Diagnosis Cases
Mental illness and substance abuse are often intertwined Diagnosis of co-occurring mental and addictive disorders is difficult
alcohol and drug abuse may mask other symptoms diagnosis may be difficult until several months into sobriety
Dually diagnosed clients have higher relapse rates Homeless Population Has Special Needs H.A.R.T. - Miami’s answer 19
The Facts on Drugs and Crime in America
Our nation’s prison population has exploded beyond capacity.
1 in 100 U.S. citizens is now confined in jail or prison.
Most inmates are in prison, at least in large part, because of substance abuse.
80 percent of offenders abuse drugs or alcohol.
Nearly 50 percent of jail and prison inmates are clinically addicted.
Approximately 60 percent of individuals arrested for most types of crimes test positive for illicit drugs at arrest.
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The Facts on Drugs and Crime in America Cont.
Imprisonment has little effect on drug abuse.
60 to 80 percent of drug abusers commit a new crime (typically a drug-driven crime) after release from prison.
Approximately 95 percent return to drug abuse after release from prison.
Providing treatment without holding offenders accountable for their performance in treatment is ineffective.
Unless they are regularly supervised by a judge, 60 to 80 percent drop out of treatment prematurely and few successfully graduate 21
Monthly Graduations
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Collaborative Programs
H.A.R.T.
(Homeless Assessment Referral and Tracking) - residential programs (‘96)
Education
- 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] 23
Collaborative Programs 2
Jobs
– Transitions, Inc. Office located on 5 th floor of the courthouse
Supportive Housing –
first, last and security & funds for ½ way and 3/4 way housing providing
Friends of Drug Court, Inc.[501 (C)(3) Not for Profit Fla.Corp.]
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County Program: Diversion and Treatment FlowChart
Drug Court 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
-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 25
Private Treatment Programs
Defendant has the option to attend the County Program, or attend a private treatment program licensed by Department of Children & Families.
The Minimum Requirement for Treatment: Two Counseling Sessions per week Two Drug Tests per week (72 hrs apart), and Two 12 Step Meetings per week [AA,NA, Rational Recovery, etc.] 26
Major Issues Rural Drug Courts Face
lack of transportation facilities
Rural areas are spread out, with little, if any, public transportation. Bus tokens are frequently given to drug court participants. Local officials contracted with a local taxi company to provide transportation.
One of the tribes purchased a van/bus for this purpose. 27
Major Issues Rural Drug Courts Face Cont.
shortage of treatment facilities and other resources.
Most rural areas have limited substance abuse treatment resources at best. Tailoring 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. So, again, what is available often dictates who and who does not participate.
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Major Issues Rural Drug Courts Face Cont.
* 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.
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Major Issues Rural Drug Courts Face Cont.
high 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 30
Major Issues Rural Drug Courts Face Cont.
However, in view of the frequent poverty, lack of employment opportunities – particularly those that can provide benefits and security rather than simply part-time hourly wages—social isolation , and other difficulties of rural life in America – particularly economic and their related impacts on other aspects of life – the problems of drug use, treatment and recovery take on a special character . In addition, the increasing immigrant populations in many rural areas present the added need for both court interpreter services and culturally proficient treatment and other support services.
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Rewards Sanctions
Monthly Bus Passes Affordable housing loans – first, last and security “All Star” Rewards Gift certificates to Blockbuster, Virgin Records, Starbucks Admission passes to local events Early placement on Calendar and less frequent court dates More frequent attendance at court hearings and being called later in the calendar Greater number of treatment visits per week with more frequent drug tests Community service hours Incarceration Immediate Sanction 32
Community Participation
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Expansion of Drug Court Concepts-
problem solving courts
Adult Drug Court Juvenile Drug Court Dependency & Family Drug Courts Municipal & Misdemeanor Drug Courts DUI/DWI Drug Court Campus Drug Court Domestic Violence Court Mental Health Court 34
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 2008. 35
Holistic Approach Non Adversarial Courtroom Evaluation Forms – including drug testing –planned and random Quick Picks/warrants 12 Step -AA/NA/ Rational Recovery
www.miamidrugcourt.com
www.friendsofdrugcourt.com
a 501©(3) corp.
Florida Association of Drug Court Professionals and National Association of Drug Court Professionals
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