The East Central Judicial District Drug Court was developed through the cooperation and support of the following agencies and individuals:

North Dakota Supreme Court

East Central Judicial District

Cass County States Attorneys Office

North Dakota Department of Corrections and Rehabilitation

Robert Howe, Ltd.

Cass County Sheriffs Department

Fargo Police Department

West Fargo Police Department

North Dakota Bureau of Criminal Investigation

South East Human Service Center

North Dakota Job Service

Defense Counsel – Steve Mottinger

Defense Counsel – Mark Friese

Dr. Jeff Bouffard

We also want to acknowledge the State of Kentucky from whom we borrowed their ideas regarding format of the policy manual and participant handbook.

TABLE OF CONTENTS

PAGE

INTRODUCTION, MISSION STATEMENT, PROGRAM GOALS……… 3

KEY COMPONENTS………………………………………………………… 4

PROGRAM OUTLINE……………………………………………………….. 5

ENTRANCE REQUIREMENTS……………………………………………... 5

ENTRY CRITERIA……………………………………………………………. 5

ENTRANCE PROTOCOL…………………………………………………… 7

AGREEMENT TO PARTICIPATION………………………………………. 8

ALCOHOL TESTS AND DRUG SCREENS………………………………... 8

ASSESSMENT………………………………………………………………… 8

TREATMENT…………………………………………………………………. 9

TYPES OF DRUG COURT REFERRALS…………………………………... 9

POST CONVICTION

VIOLENT OFFENDER………………………………………………………. 9

SUPERVISION OF PARTICIPANTS……………………………………….. 10

OUTLINE OF PROGRAM PHASES………………………………………... 11

INCENTIVES…………………………………………………………………. 13

SANCTIONS………………………………………………………………….. 13

GRADUATION………………………………………………………………. 14

TERMINATION……………………………………………………………… 14

PROBATION TERMINATION……………………………………………... 14

AFTERCARE…………………………………………………………………. 15

STATISTICAL REPORTING………………………………………………... 15

APPENDIX: DRUG COURT FORMS:

A: AGREEMENT TO PARTICIPATION

B: DRUG COURT SCREENING FORM

C: REQUEST FOR ADMISSION

D: CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION

EAST CENTRAL JUDICIAL DISTRICT DRUG COURT

North Dakota’s courts have become increasingly clogged with drug-related cases. Jails and prisons are full of drug offenders. Incarceration alone is not effective enough to disrupt the cycle of drug use and the related criminal activity. Many offenders never receive treatment, continue to abuse substances and continue to commit crimes in order to pay for their addictions. In an effort to reduce recidivism and provide help to drug offenders a drug court diversion program was found in Miami, Florida, the summer of 1989.

In January 2003, the East Central Judicial District Drug Court Team met for the first time. This was subsequent to receiving a federal planning grant that would lay the groundwork for the implementation of the adult drug court.

MISSION STATEMENT

EAST CENTRAL JUDICIAL DISTRICT

THE MISSION OF THE EAST CENTRAL JUDICIAL DISTRICT DRUG COURT IS TO ENHANCE COMMUNITY SAFETY THROUGH AN IMMEDIATELY RESPONSIVE ALTERNATIVE SENTENCING PROGRAM FOR CHEMICALLY DEPENDENT OFFENDERS.

THE PROGRAM SEEKS TO REDUCE RECIDIVISM BY HOLDING OFFENDERS RESPONSIBLE FOR THEIR BEHAVIOR, STOPPING THE ABUSE OF ALCOHOL AND DRUGS AND INTRODUCING AN INDIVIDUAL TO A CONTINUUM OF SERVICES. WE SEEK TO REHABILITATE OFFENDERS AND INCREASE EFFECTIVE UTILIZATION OF LAW ENFORCEMENT, TREATMENT, AND JUDICIAL RESOURCES.

PROGRAM GOALS

1. Reduce Recidivism.

2. Reduce use of alcohol and drugs.

3. PRovide increased opportunities for involvement in comprehensive treament and maintenance programs.

4. PROVIDE ACCESS TO COORDINATED LOCAL AND STATE SERVICES

5. IMPROVE THE OVERALL SOCIAL FUNCTIONING OF OFFENDERS IN AREAS SUCH AS EMPLOYMENT, HEALTHY FAMILY RELATIONSHIPS AND COMMUNITY ACTIVITIES

6. REDUCE COSTS TO THE CRIMINAL JUSTICE SYSTEM

Quality Control: In the interest of maintaining quality control of the East Central Judicial District Drug Court a semi-annual team meeting will be held. At the meeting review of the mission statement and goals shall be conducted and re-evaluated using the most recent statistical information. The court shall at all times have an individual on the team that is trained in program evaluation.

KEY COMPONENTS OF DRUG COURTS

1. Drug courts integrate alcohol and other drug treatment services with justice system case planning.

2. Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants due process rights.

3. Eligible participants are identified early and promptly placed 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 drug testing.

6. A coordinated strategy governs drug court responses to participants’ compliance.

7. Ongoing judicial interaction with each drug court participant is essential.

8. Monitoring and evaluation measure the achievement of the 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.

PROGRAM OUTLINE

The East Central Judicial District Drug Court is a court-supervised treatment-oriented program and targets non-violent participants whose major problems stem from substance abuse. The Drug Court is a voluntary program, which includes regular court appearances before the Drug Court Judge. Treatment, which includes drug testing, individual and group counseling, and regular attendance at 12-step meetings (Alcoholics Anonymous and Narcotics Anonymous). The probation and the treatment team may also assist with obtaining education and skills assessments and will provide referrals for vocational training, education and/or job placement services. The program length, determined by the participant’s progress, will be no less than 1 year. Successful completion and “graduation” from the Drug Court Program may result in having the original charges dismissed or probation terminated early.

ENTRANCE REQUIREMENTS

All participants must voluntarily make application to the drug court, provide a drug screen, and undergo an eligibility and chemical addiction assessment. All candidates must enter the program within 35 days of their initial appearance.

ENTRY CRITERIA:

DRUG COURT:

1. Must have multiple prior Misdemeanor drug offenses and the current offense must be a Class A Misdemeanor or greater or;

2. Must have multiple prior Felony drug offenses and the current offense must be a Class A Misdemeanor or greater; or

3. This is the first felony and there is a supporting history of substance abuse,

4. Candidates cannot have any prior or current offense that is defined as violent (See definitions of violent offenses under Violent Offender Prohibition, pages: 8 & 9 (Note that if current offense is combined with an assaultive charge the prosecutor may pursue the drug court path given that the assault may be dismissed or reduced to a lesser non-violent offense),

5. Candidates must demonstrate a willingness to accept responsibility for their addiction and criminal conduct,

6. Candidate must receive a chemical addiction evaluation and have a chemical addiction diagnosis,

7. Candidates who had previously been in any drug court program are NOT eligible.

8. Candidates are not eligible if the current offense or criminal history includes drug delivery, intent to deliver or manufacturing.

DUI COURT:

1. Entry criteria for the Drug Court component sections 4 through 8 also apply to the DUI Court.

2. Including the current offense, the candidate must have 3 or more DUIs and the current offense must be a Class A Misdemeanor or Class C Felony.

3. The current or prior DUI offenses cannot have included injury to someone other than the candidate.

ENTRANCE PROTOCOL

Throughout the entry process, the prosecutor is the conduit to entrance to the program.

AGREEMENT TO PARTICIPATION

The Agreement To Participation (Refer to Appendix A---) outlines the basic rules of the program and sanctions that may be imposed by a Drug Court Judge for failure to abide by the conditions of Drug Court. Each participant must sign the form prior to admission. The Agreement of Participation is in addition to the conditions of probation ordered by the court on Appendix A of the Judgment of Conviction.

ALCOHOL TESTS AND DRUG SCREENS

Alcohol and Drug Screening is a major component of the Drug/DUI Court program to determine drug abuse patterns and to monitor participants progress. Drug and alcohol tests are conducted on a frequent and random basis.

Upon evaluation a full drug screen (marijuana, methamphetamine, cocaine, and opiates) shall be conducted by the evaluation facility. This will be done to establish a program entry baseline. If the test is positive for marijuana, the test will be sealed and probation will be notified. Probation will forward the test for confirmation and get a reading level. If the test is positive for the other three drugs, a case-by-case decision will be made as to send for reading levels due to the fact that these drugs typically metabolize within 96 hours.

If the first marijuana test is positive, the following marijuana tests (if positive) will be sent for reading levels until a field test indicates negative. Reading levels should continue to drop over time until the THC is fully eliminated from the system. Increase in levels indicates new usage.

Positive drug and alcohol tests will result in sanctions up to termination from the program.

Failure or refusal to provide a urine sample or breath test will count as a positive test.

ASSESSMENT

All candidates for Drug Court must undergo assessment to establish drug dependency and history of drug use. Treatment staff may do a full assessment including family, work, social, mental, physical assessment. Further tests may be administered to better formulate a treatment program for the candidate.

All assessments will be conducted in an expedited manner once the referral from the court or prosecutor has been made. A written report shall be sent to the court and/or prosecutor within 3 working days of the assessment.

TREATMENT

The treatment team following an overall assessment of problems and needs will develop an initial treatment plan. The plan will act as a guide for the initial treatment phase. The plan will be maintained by the treatment provider and will be updated as the individual progresses through the program.

Counseling: Substance abuse counseling can comprise individual, group, and family formats. As part of the treatment plan, all participants must participate in all recommended counseling. They are designed to develop self-awareness, realize self-worth, and develop the strength to practice self-discipline. The sessions will include problem identification and alternative solutions. Attendance at counseling sessions is mandatory and will be reported to he judge as part of the progress report. Prior permission must be obtained to be excused from a counseling session.

Twelve-Step Meetings: Attendance is required at 12-step meetings such as Narcotics and/or Alcoholics Anonymous at least 2 times per week or as decided by the Drug Court team. Proof of attendance will be reported to the treatment counselor.

Sponsor: An individual must obtain a self-help sponsor. A sponsor in a 12-step group must have at least one year of sobriety who can assist the participant on a personal level with sobriety, personal problems, working the steps, etc.

TYPES OF DRUG COURT REFERRALS

Referrals to the program may come from the arresting officer, jail officials, defense attorney, and state’s attorney.

VIOLENT OFFENDER PROHIBITION

Federal regulation defines “violent offender” as:

A person who either –

1. Is charged with or convicted of an offense, during the course of which offense or conduct

A. The person carried, possessed, or used a firearm or dangerous weapon;

B. There occurred the death of, or serious bodily injury to any person; or

C. There occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A), (B), or (C) is an element of the offense or conduct of which or for which the person is charged or convicted; or

2. Has one or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm, 42 U.S.C. § 3796ii et seq.

The statute’s definition of violent offender specifically limits prior offenses that cause a person to be categorized as a “violent offender” to felony crimes of violence. If a person has a prior misdemeanor conviction, even though threatened or actual use of force; or use, possession, or carrying a firearm or dangerous weapon occurred during the offense, the person is not a violent offender according to the statute. Therefore, the offender is eligible for the drug court program as long as his or her current offense does not fall within the violent offender definition.

SUPERVISION OF PARTICIPANTS

The North Dakota Department of Corrections-Division of Field Services will supervise participants in the program. Participants will be supervised pursuant to court ordered conditions of supervision and department policy, in addition to Drug Court program requirements. In addition to the ASI used by treatment staff for assessing services required, Field Services will conduct a LSI-R (Levels of Service Inventory-Revised) to assess risk and need.

Participants are required to have approved stable housing and employment or participate in educational/vocational training. Participants who are not in an educational or vocational activity may be required to complete community service hours to meet the 40-hour work week criteria. When coordinating with outside agencies, participants are requested to sign a Release of Confidential Information. Participants are required to fulfill obligations as delineated on their weekly calendars, including drug testing, documentation of AA/NA attendance. Progress is verified, documented, and reported to the Drug Court Judge during conferencing sessions before each Court session.

Supervision of participants consists of face-to-face meetings in the probation office, participant’s home, place of employment, treatment facility, and other locations. Other contacts include collateral contacts with employers, family, and friends, telephone calls, and treatment contacts.

Participants are required to show proof of payments of child support, court fines, restitution, and any other costs ordered by the Court. Proof of payment may be in the form of a copy of a money order, cancelled check, or court receipt. Proof of employment and income may be in the form of a check stub.

The probation department will be responsible for case management and coordination. They will coordinate efforts with the treatment provider to assure all needs and areas are addressed and to avoid duplication of services.

Throughout the program, participants appear in Court on a regular basis. Drug Court staff provides notes on each participant for each court session. The Drug Court Judge reviews the participant files and participants are held accountable for successes and failures.

OUTLINE OF PROGRAM PHASES

The Drug Court program consists of three phases and can be completed in as little as 12 months.

Phase I: Minimum of 4 months

Minimum Requirements:

1. To attend one Drug Court session per week.

2. To provide a minimum of two alcohol/and or drug tests per week.

3. To report to the assigned probation officer as instructed.

4. To attend and provide documentation of two AA/NA meetings per week.

5. To attend and participate in all assigned group, family, and/or individual counseling sessions.

6. To meet financial obligations: i.e. court costs, restitution, child support, etc., as decided on by the Drug Court Team.

7. To maintain Drug Court Team approved stable housing.

8. To maintain Drug Court Team approved employment, training, or education and a 40-hour work week.

9. To obtain and maintain a 12-step sponsor.

10. If offense is DUI to view a victim impact panel videotape.

11. Curfew as imposed by the drug court team.

12. To have 60 continuous days of sobriety.

Phase II: Minimum of 4 months

Minimum Requirements:

1. To attend one Drug Court session every two weeks.

2. To provide a minimum of one alcohol/and or drug test per week.

3. To report to the assigned probation officer as instructed.

4. To attend and provide documentation of two AA/NA meetings per week.

5. To attend and participate in all assigned group, family, and/or individual counseling sessions.

6. To meet financial obligations: i.e. court costs, restitution, child support, etc., as decided on by the Drug Court Team.

7. To maintain Drug Court Team approved stable housing.

8. To maintain Drug Court Team approved employment, training, or education and a 40-hour work week.

9. To obtain and/or maintain a 12-step sponsor.

10. To have 120 continuous days of sobriety.

Phase III: Minimum of 4 months

Minimum Requirements:

1. To attend one Drug Court session every 3 weeks.

2. To provide two alcohol/and or drug tests per month, which reflect no use of drugs or alcohol.

3. To report to the assigned probation officer as instructed.

4. To attend and provide documentation of two AA/NA meetings per week or as determined by the Drug Court Team.

5. To attend and participate in all assigned group, family, and/or individual counseling sessions.

6. To meet financial obligations: i.e. court costs, restitution, child support, etc., as decided on by the Drug Court Team.

7. To maintain Drug Court Team approved stable housing.

8. To maintain Drug Court Team approved employment, training, or education and a 40-hour work week.

9. To obtain and maintain a 12-step sponsor.

10. To have 120 continuous days of sobriety.

11. To complete an exit interview and have an established plan for aftercare.

INCENTIVES

Incentives reward participants for positive steps toward attaining a drug and crime free lifestyle. The most powerful incentive is the dismissal of charges for the diversion participant and conditional discharge for the probationer. Other incentives may include:

¨ Promotion to the next phase

¨ Certificates

¨ Tokens

¨ Applause

¨ All-Star Selection (Gets to leave court early)

¨ Acknowledgement from the bench

¨ Decreased supervision

¨ Personal achievements of obtaining GED

¨ Decrease frequency of court attendance

¨ Early termination from probation

¨ Charge dismissed at graduation

¨ Incentives for group on a whole-coffee/donuts

¨ Graduation (Invite family, friends, arresting officer/agency)

When participants successfully meet all the drug court obligations, formal graduation ceremonies are conducted. This provides the opportunity for the graduates to be recognized for their accomplishments in the presence of the Drug Court staff and Judges, their peers, family and friends, police and community officials, and other distinguished guests. The graduates may be presented with a momento.

SANCTIONS

Each participant must abide by the conditions of Drug Court and failure to do so may result in the Drug Court Judge imposing sanctions including, but not limited to:

¨ Residential Treatment

¨ Halfway House Placement

¨ Community Service

¨ Increased Groups/Adjust Treatment Plan

¨ Antabuse

¨ Home confinement

¨ Imprisonment in the detention center

¨ Termination from the program

¨ Curfew

¨ Day Reporting

¨ Electronic Monitoring

¨ Research/Report Writing

¨ “Day in the Box” (Sit in courtroom for a day and observe court, take notes, and provide report to judge).

The Drug Court Judge may employ a wide range of graduated sanctions as a result of program violations. When the Judge imposes sanctions, it is the responsibility of the participant to comply as ordered and the responsibility of the Drug Court staff to make arrangements as needed to verify compliance.

GRADUATION

Graduation is viewed as a significant milestone for the offender and the program. Every effort will be made to make this a ceremonious occasion. At drug court, graduation members of the team shall be present. In addition, others that may be invited are family, friends, arresting officer, representatives from agencies involved with the drug court program, etc.

TERMINATION

Regardless of the method by which a participant enters the Drug Court, termination may occur for various reasons including, but not limited to:

¨ Noncompliance with rules and procedures

¨ Arrest and/or conviction on new charges (case by case basis)

¨ Failures to appear as scheduled for court, jail, or treatment

¨ Participant voluntarily decides to petition the Court for termination

PROBATION TERMINATION

In the event, an individual is terminated from the Drug Court program; a record of the termination shall be made. The probation officer will work with the prosecutor to draft a petition to revoke probation.

AFTERCARE

To be added

STATISTICAL REPORTING

Outcome evaluation is essential to the program and the East Central Judicial District Drug Court recognizes the value of evaluation. Since the inception of the planning team, a program evaluator has been a member. The evaluation design is an ongoing process. Currently it is our goal to do our first full evaluation after 18 months of operation. We will be selecting a control group randomly and continuously as we proceed to acquire participants into the program. This will allow us to account for external factors that influence a control group such as shifts in department policy and philosophy as well as economic and social changes.

To follow is a list of datafields that will be collected for analyzation. These fields are subject to additions and deletions as the program evolves:

Age at start	Program and grant
Arrest or conviction after graduation (four categories)	Program and grant
Arrest or conviction while in program (four categories)	Program and grant
ASI scores
Axis one and two assessment	Addiction, personality disorder
Bench warrants	Program and grant
Date entered drug court	Date of guilty plea
Date exit drug court (and reason)