INTRODUCTION TO THE DRUG COURT
In June 2000, Queensland Magistrates Courts began trialling a new sentencing option called an Intensive Drug Rehabilitation Order, which is available for certain drug offenders.
The pilot project which commenced in July 2000 has recently expanded to continue until December 2005.
Offenders who come under the order will take part in an intensive drug rehabilitation program run by a special section of the Magistrates Court called the Drug Court.
W h a t i s the r o l e o f t h e D r u g C o u r t ?
The Drug Court has been specially set up to deal with the sentencing of people who have been brought before the Magistrates Court and pleaded guilty to certain drug-related offences (mainly property offences).
It offers offenders the chance to take part in an Intensive Drug Rehabilitation Order (IDRO) as an alternative to prison.
W h a t d oes t he p ro g r a m c o ns i s t o f?
It involves treatment provided by a team of specialists, corrections programs, frequent drug testing and strict court supervision.
W h a t a re i t s a im s ?
The Drug Court aims to reduce:
1. drug dependency in the community
2. criminal activity caused by drug dependence
3. health risks to the community caused by drug dependence 4. pressure on the court, health and prison systems.
I s th e re any e v i d e n c e tha t t h e p r ogr am w ill b e s u c ce ss fu l ?
Yes, there is strong evidence that programs like this have very beneficial effects. Drug Courts elsewhere in Australia and in the United States have markedly lowered the rates of drug addiction and drug-related crime
Who ru ns the Drug Cou rt?
A magistrate appointed by the Queensland Government leads the Drug Court.
The magistrate's role is to decided which offenders will be placed on the intensive drug rehabilitation program, and directly supervise each offender's participation and progress. The magistrate is assisted by a depositions clerk and a court registrar.
The Drug Court relies on a number of Queensland agencies – including Police, Health, Legal Aid and community Corrections – to form a specialist team.
Staff from these agencies attend court sessions and play an important role in the drug rehabilitation program.
Is th e Drug Court pr og ram a 'soft o ption'?
No. Offenders accepted for the Drug Court program must undergo intensive rehabilitation for about 12 months
The length of time depends on the progress made by each individual, and the type and extent of their drug dependency.
Then their original sentence is reviewed and a final sentence imposed, which may or may not include imprisonment.
Participants must be willing to take part in all parts of the program, including treatment and courses and they must obey the strict conditions set by the court. Offenders who disobey the court's conditions risk prison.
Drug Court Ch ecklist
Drug Court clients (for South-East Queensland) must fulfil ALL the criteria listed:
[ ] Is charged with a “relevant offence” - simple offence
- indictable offence that can be dealt with summarily
- prescribed drug offences (refer to schedule in Drug Rehabilitation (Court Diversion) Regulation 2000)
- other prescribed indictable offence that is punishable by imprisonment for a term of not more than 7 years (refer to schedule in Drug Rehabilitation (Court Diversion) Regulation 2000)
-[ ] Has no pending “disqualifying offence” (in any court)
- offence of sexual nature – other than offences of providing/offering/accepting prostitution
- indictable offence involving violence – other than s335 common assault, s340(a) serious assault with intent to resist/prevent arrest, s340(b) serious assault
[ ] Resides in prescribed postcode area: Southport 4059, 4209 – 4221, 4223 – 4229, 4271, 4272; Beenleigh 4059, 4108 – 4110, 4112 – 4119, 4123 – 4215, 4127 – 4133, 4156, 4157, 4164, 4165, 4184, 4205, 4207 – 4209, 4270, 4280; Ipswich 4059, 4069, 4070, 4073 – 4078, 4106, 4108, 4110, 4124, 4300, 4301, 4303 – 4307, 4340, 4346
[ ] Has pleaded or intends to plead guilty
[ ] Willing to be assessed for suitability for rehabilitation and to be dealt with by drug court for the offence/s
[ ] Is appearing in Southport, Beenleigh or Ipswich Magistrates Court Additional criteria assessed by the drug court prior to or at sentencing:
[ ] Not suffering from mental condition which would prevent rehabilitation [ ] Suitable rehabilitation facilities are available
[ ] Drug Court Order and requirements have been explained to the client [ ] other charges pending – nature, seriousness and likely outcome
[ ] likely to receive 3 years imprisonment or less (Drug Court is a Magistrates Court Jurisdiction)
Drug Court Post code Areas
B E E N L E IGH
4059 Ballymore/Ithaca/Kelvin Grove/Normanby/Red Hill
4108 Archerfield/Coopers Plains
4109 Altandi/Banoon/MacGregor/Robertson/Sunnybank/Sunnybank Hills
4110 Acacia Ridge/Heathwood/Larapinta
4112 Kuraby
4113 Eight Mile Plains/Fruitgrove/Runcorn
4114 Kingston/Logan/Trinder Park/Woodridge
4115 Algester/Parkinson
4116 Calmvale/Stretton/Drewvale
4117 Berringba/Karawatha
4118 Browns Plains/Brownsleigh/Forestdale/Heritage Park/Hillcrest/Regents Park
4119 Underwood
4123 Rochdale/Priests Gully
4124 Boronia Heights/Greenbank/Lyons/New Beith
4125 Park Ridge/Munruben
4127 Daisy Hill/Springwood/Chatswood/Priestdale
4128 Kimberely Park/Logan Hyperdome/Shailer Park/Tanah Merah
4129 Loganholm/Logandale
4130 Cornibua/Carbrook
4131 Loganlea/Meadowbrook
4132 Crestmead/Marsden
4133 Chambers Flat/Logan Reserve/Waterford/Waterford West
4156 Burbank/Mackenzie
4157 Capalba/Sheldon
4164 Thornlands/Pinklands
4165 Mt Cotton/Point Halloran/Point Talburpin/Redland Bay/Victoria Point
4184 Coochiemudlo Island/Karragarra Island/Lamb Island/Peel Island/Maclay Island
4205 Bethania
4207 Beenleigh/Alberton/Barhs Scrub/Bannockburn/Belivah
4208 Burnside/Gilbert/Halfway Creek/Jacobs Well/Kingsholm/Norwell/Ormeau/Ormeau Hills
4209 Canowindra/Coomera/Pimpama/Willow Vale/Upper Coomera
4270 Tamborine
IPSWICH
4059 Ballymore/Ithaca/Kelvin Grove/Normanby/Red Hill
4069 Brookfield/Chapel Hill/ Kenmore/Fig Tree Pocket
4070 Anstead/Bellbowrie/Moggill/Priors Pocket
4073 Seventeen Mile Rocks/Sinnamon Park
4074 Jamboree Heights/Jindalee/Middle Park/Mount Ommaney/Riverhills
4075 Corinda/Graceville/Oxley/Sherwood
4076 Darra/Wacol
4077 Doolandella/Durack/Inala/Richlands/Serviceton
4078 Ellen Grove/Forrest Lake
4106 Rocklea
4108 Archerfield/Coopers Plains
4110 Acacia Ridge/Heathwood/Larapinta/Pallara/Willawong
4124 Boronia Heights/Greenbank/Lyons/New Beith
4300 Bellbird Park/Augustine Heights/Brookwater/Camira/Carole Park/Gailes/Goodna/ Opossum Creek/Springfield/Springfield Lakes
4301 Collingwood Park/Greenwood/Redbank/Redbank Plains
4303 Dinmore/Riverview/New Chum
4304 Blackstone/Booval/Bundamba/Ebbw Vale/Silkstone
4305 Basin Pocket/Brassall/Bremer/Churchill/Coalfalls/East Ipswich/Eastern Heights/Flinders View/Ipswich/Leichhardt/Limestone Ridges/Moores Pocket/Newtown/North Tivoli/One Mile/Raceview/Raymonds Hill/Saddlers Crossing/Tivoli/West
Ipswich/Woodend/Wulkuraka/Yamanto
4306 Amberley/Avoca Vale/Banks Creek/Barellan
Creek/Bellhaven/Benarkin/Blackbutt/Blacksoil/Blackwall/Borallan/Cherry Creel/Chuwar/Colinton/Deebing Heights/Dundas/England Creek/Fairney View/Fernvale/Forest Glade/Glenmorgan Vale/Googa
Creel/Goolman/Haighslea/Harlin/Holts Hill/Ironbark/Karalee/Karana Downs/Karrabin/Kholo/Lake Manchester/Lark
Hill/Linville/Loamside/Monsildale/Moore/Mount Binga/Mount Crosby/Mount
Marrow/Mount Stanley/Muirlea/Nukka/Peak Crossing/Pine Mountain/Purga/Ripley/Spilt Yard
Creek/Swanbank/Taromeo/Teelah/Thagoona/Vernor/Wallloon/Wanora/Willowbank/ Wivenhoe/Wivenhoe Pocket.
4307 Coleyville/Harrisville/Mutadpilly/Radford/Silverdale/Warrill View//Wilsons Plains
4340 Ashwell/Calavert/Ebenezener/Grandchester/Jeebropilly/Lainefield/Lower Mount Walker/Merryvale/Moorang/Mount Forbes/ Mount Mort/Mount
Walker/Rosevale/Rosewood/Tallegalla/The Buff/Woolshed
SOUT HPORT
4059 Ballymore/Ithaca/Kelvin Grove/Normanby/Red Hill
4209 Canowindra /Coomera/ Pimpama/ Upper Coomera /Willow Vale
4210 Guanaba/ Maudsland/ Oxenford /Studio Village /Wongawallan,
4211 Advancetown /Beechmont/ Binna Burra/ Carrara/Clagiraba /Gaven/ Gilston /Highland Park / Latimer/ Lower Beechmont /Mount Nathan /Natural Bridge /Nerang/Numinbah Valley /Pacific Pines /Pindari Hills
4212 Boykambil /Helensvale/ Hope Island /Monterey Keys/Sanctuary Cove /Santa Barbara
4213 Austinville/ Bonogin /Mudgeeraba/ Springbrook/ Tallai /Worongary
4214 Arundle, Ashmore
4215 Australia Fair/ Chirn Park/ Keebra Park/ Labrador/ Southport/ Sundale
4216 Anglers Paradise/ Biggera Waters/ Coombabah/ Currigee/ Hollywell/ Paradise Point /Runaway Bay/ South Stradbroke /Sovereign Islands
4217 Benowa/ Bundall/ Chevron Island/ Gold Coast Mc/ Isle Of Capri/ Main Beach/Paradise Island /Paradise Waters/ Sorrento/ Surfers Paradise/ The Spit
4218 Broadbeach/ Broadbeach Waters/Cypress Gardens/ Florida Gardens/ Mermaid Beach/ Mermaid Keys/ Mermaid Waters/ Miami Keys /Moana Park/ Nobby Beach/ Pacific Fair/ Rialto/ Rio Vista
4219 West Burleigh
4220 Burleigh/West Burleigh/Burleigh Heads
4221 Elanora / Palm Beach
4223 Currumbin/ Currumbin Waters/ Currumbin Valley
4224 Tugun/ Tugun Heights
4225 Bilinga, Coolangatta, Greenmount, Kirra, Rainbow Bay
4226 Clear Island Waters Kerrydale, Merrimac Robina, 4227 Reedy Creek Varsity Lakes
4228 Ingleside Tallebudgera Tallebudgera Valley
4229 Bond University
4271 Eagle Heights
DRUGCOURT-CASEFLOWCHART Referral from Court
Offender charged and appears in Court. Magistrate assesses offender as an eligible person intending to plead guilty and willing to be assessed for suitability and refers offender to the drug court
Self Represented
Client not eligible for legal aid and represents him/her self
Legally Aided
Duty Solicitor takes legal aid application, aid granted, in-house solicitor approved
Privately Represented
Client has private solicitor
Preparation for Sentence
Check client's eligibility/suitability and willingness for IDRO and prepare matter for sentence
Legal Argument on Eligibility
ELIGIBLE - Initial Sentence
Conviction recorded – Sentenced to suspended imprisonment and placed on IDRO
INELIGIBLE (Sentence)
Sentenced by drug court under Magistrates Court jurisdiction or committed to the District Court
Client on IDRO Phase 1 (Drug Free 3 months)
- Drug free - No offending
- Reports weekly to drug court - Urine tested 2-3 weekly - Report case manager weekly - Any other conditions
COMPLIES IDRO Reward Given eg Remove conditions Reduce conditions Advance Phase Clap/praise Leave court early
Client on IDRO Phase 2 (Stabilisation 3-6 months)
- Drug free - No offending
- Reports fortnightly to drug court - Urine tested fortnightly
- Report case manager weekly - Any other conditions
FAILS TO COMPLY Sanction Given eg
Up to 14 days jail Warning Added condition
Go back Phase/restart phase Essay
Fine/community service/stay in court all day
Client on IDRO Phase 3 (Reintegration 3-6 months)
- Drug free - No offending
- Reports monthly to drug court - Urine tested fortnightly
- Report case manager fortnightly - Any other conditions
Termination of IDRO
If client applies, not complying with IDRO, will not agree to amendment or FTA in drug court Magistrate may terminate with reasons
D r u g C ou r t A p pe a ra n c es
9.00-9.30am to 10.30am Review meetings
At Review meetings, reports from rehab. centres and Corrective Services case managers regarding a client’s participation are discussed by the team – team consists of rep’s from Corrective Services, Police Prosecution, Legal Aid and Queensland Health.
Sanctions and Rewards are discussed – Sanctionsfor breaches are typically:
Writing an essay
Staying in court all day – to the rising of the court Community service
Imprisonment (max. of 14 days for 1 breach)
Rewards include
“early bird reward” –person is called upon first, so can leave early
reduction in reporting to court less UT’s
reduction of community service
although the final decision is the Magistrate’s.
10.30am onwards Court opens
1. Graduations (if any)
2. Reviews are generally first – participants sit near the bar table and hand up a WEEKLY
PROGRESS JOURNAL and talk to the Magistrate about their experiences that
week/day. Sanctions/Rewards are handed down
3. Bail appearances
4. New referrals
5. Sentences
6. Termination hearings
7. any last minute additions – such as arrest of participants on Drug Court warrants, or other participants directed to attend court for a reason (usually breach that day)
D r u g C ou r t P r o ce du re / P o l ic y . . . Pl eas e N o t e …
¾ If a participant has absconded from a residential rehabilitation centre, when they surrender/are arrested, the participant will usually be remanded IN CUSTODY for re-assessment and/or Termination hearing because they have been assessed as requiring residential rehabilitation not the community
¾ If a participant absconds or is discharged from a residential rehabilitation centre then they will either be stood down for 2-3 weeks or 3-6 months depending on the nature of the breach of rules (stand-over tactics, alcohol, curfew breach …)
¾ Only Corrective Services, the Police Prosecutor, the Magistrate or the participant can apply for termination of a drug court order (not Queensland Health)
¾ A participant is not usually terminated for one breach (or one relapse) – however if they express no motivation to continue, have absconded for 8 weeks or more, or commit a large number of offences on the order, then this might result in early termination of their order ¾ A drug court order can be terminated “ex parte” if a participant has been on a warrant for 8
weeks or more. Once their program is terminated, it makes it more difficult for the participant to remain on the order when they eventually return to drug court, as they must convince the court they can COMPLETE a drug court order (not just COMPLY)
Drug Court Evaluations
SOU TH- EA ST QUEENSLA ND DRUG COURT
Was evaluated in June/July 2003 - findings in the following reports
Final report on the South-east Queensland Drug Court, Toni Makkai and Keenan Veraar, Australian Institute of Criminology, July 2003
Final report on the South-east Queensland Drug Court, John J Costanzo, Magistrate, July 2003
Provided analysis and statistics for the period June 2000 (commencement) to 31 December 2002. Referrals were stopped from December 2002 to August 2003 for the evaluation to be carried out and a decision to be made on whether the pilot program would be extended beyond 31 December 2003.
NORTH QUEENSLAN D DRUG COURT
Currently being evaulated. Commenced November 2002.
Set up differently to South-East Queensland to trial a different model of elgibility and treatment. Example – defendants seeking a drug court order must not have served more than 12 months in custody previously (in total), “treatment teams” see participants on the order regularly meaning participants go to court less regularly than their South-East counterparts.
Drug Court Statistics - as at 14 September 2004 SOUTH EAST QUEENSLAND
Beenleigh Southport Ipswich
TARGET - Cap = 141 57 57 26 IDROS MADE = 371 159 159 53 IDROS TERMINATED in person = 151 61 71 20 IDROS TERMINATED ex-parte = 33 19 11 3 GRADUATIONS = 98 41 35 22 CURRENT IDROS = 90 40 41 9 Phase I = 60 29 25 6 Phase II = 18 7 10 1 Phase III = 12 4 6 2 AWAITING SENTENCE = 26 9 12 5 NORTH QUEENSLAND
Cairns Townsville Total
TARGET - Cap 40 40 80 IDROS MADE 46 61 107 IDROS TERMINATED 14 20 34 GRADUATIONS 6 9 15 CURRENT IDROS 23 28 51 Phase I 14 12 26
Ch ange s w ith South-East QLD Drug Cour t ove r th e Pa st Year …
Noticeably more referrals of clients who’s likely sentence is 2-3 years and are currently remanded in custody
Therefore more participants who have tendancy to abscond, have authority issues and institutionalism – “jail mentality”
More clients being referred who have supply cannabis or produce dangerous drugs (cannabis or speed)
More clients being referred who have diagnosed mental health issues that require regular specialist treatment and medication
Rehabilitation Centres refusing to take clients on Drug Court bail into drug court beds (as they are not funded for them until the client gets a drug court order)
Clients in custody being sent from Lotus Glen and Townsville Correctional Centres to Brisbane Prisons to get referred to drug courts here as they don’t meet the eligibilty criteria in North Queensland
Increase in the requirements particpants must fufill to complete a drug court order – required to provide counsellors report to say they have addressed all issues before graduation
