Champaign County Drug Court Honorable Jeffrey B. Ford Michael Carey - Probation Officer Del Ryan Drug Court Coordinator. Policy & Procedures Manual

(1)

Champaign County Drug Court

Honorable Jeffrey B. Ford Michael Carey - Probation Officer Del Ryan – Drug Court Coordinator

Policy & Procedures Manual

(2)

Forward

The drug court policy and procedure manual is a compilation of guidelines and procedures to be followed by the Drug Court Team Members of Champaign County. The purpose of the manual is to provide members with a resource specifically

delineating responsibilities and duties. The manual also outlines specific guidelines, policies, and procedures to be followed by the Team in discharging their official duties.

The drug court program is an extension of the Champaign County Probation and Court Services department and all guidelines and policies applicable to the court services department apply to the Drug Court unit.

Mission Statement

The mission of the Champaign County Drug Court is to lower the effects of drug related crime and costs to the community, by assessing and directing individuals with substance abuse problems into the judicial supervision of treatment with a goal of developing substance free, productive citizens and thereby breaking the cycle of criminal recidivism.

Program Goals

♦ To eliminate the illegal drug usage within the drug court population. By eliminating the drug usage of individuals on Drug Court it is hoped this would carry beyond their period of supervision.

♦ To stop the recidivism of participants in the Drug Court Program. Breaking the cycle of drug use has shown to correlate to a prevention of future arrest. In many cases the only reason for involvement in the Criminal Justice System has been because of an addiction to a chemically dependent substance.

♦ To reduce court workloads. Another benefit of a reduction in recidivism would be a reduction in the filing of new cases or violations of existing cases.

Introduction

Nationally, drug courts started out as diversionary programs dealing with less serious offenders, typically charged with simple possession or under the influence charges. As drug courts have proven their effectiveness in controlling both the drug usage and criminality of drug using offenders, communities have successfully expanded drug court programs to probationers, including drug-using offenders charged with non-drug offenses. Champaign County Drug Court has been in existence since 1999 and is a post-plea program.

10 Key Components of Drug Court-U.S .Department of

Justice

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

2. Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants’ due process rights.

(4)

3

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 other 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 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 effectiveness.

Participants

♦ Participants in the program will meet the following criteria:

1. Must be sentenced at an open sentencing hearing with presentence report. 2. Must be a resident of Champaign County.

3. Must be evaluated by TASC and found to be an individual with a substance abuse/alcohol problem who may benefit from a Drug Court Program. 4. Must not have a history of violence (above program limits).

5. Must not be a drug dealer

6. Must have a felony related to substance use or abuse.

7. Must not have previously completed or been discharged from Drug Court. ♦ Current number of participants is maximized at 100. However, size is only limited

by treatment resources available. Upon reaching 100 active participants Prairie Center would evaluate their ability to handle additional clients.

♦ The Drug Court Program was established without a grant and has been funded within each individual agency involved. Current funding does not limit

participation and would not be effected by the termination or expiration of grant money. Champaign County has applied for and received enhancement grants for Drug Court and will continue to seek grants when available.

Qualifying Factors

In order to qualify for drug court the following factors must apply: ♦ Offenses related to substance abuse

♦ Probation violations – new drug related offenses and/or drug related technical violations

♦ Non-violent offender as defined by State statute and Champaign County State’s Attorney guidelines

♦ Adult offenders

♦ May have prior or current felony convictions or high-risk domain for substances on LSI-R.

Non Qualifying Factors

If the following factors apply the defendant will NOT qualify for drug court: ♦ State’s Attorney objects (per statute 730 ILCS 166/20)

(5)

♦ Non-resident of Champaign County ♦ Active gang member

♦ First offenders (automatically excluded from initial screening process, but may be referred for screening upon request by their defense attorney)

♦ Prior completion or discharge from a Drug Court (per statute 730 ILCS 166/20) ♦ Crime of violence as stated in the statute, within the last 10 years (excluding

incarceration time); first or second degree murder, predatory sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson or arson, aggravated kidnapping or kidnapping, aggravated battery—great bodily harm or permanent disability, aggravated stalking or stalking, aggravated domestic battery, or any offense involving a firearm. ♦ Defendant denies use or addiction of drugs

♦ Defendant does not show a willingness to participate in a drug court. ♦ Court believes that the defendant is selling drugs for profit.

Look for;

o Possessed more than 15 grams of cocaine, heroin, meth, or more than 30 grams of cannabis.

o Manufacture or delivery of more than 5 grams of cocaine or heroin or more the 15 grams of meth.

o Defendant’s addiction or use is not for the same drug in his/her possession or that he/she provided to another;

♦ Court believes that the defendant has mental health problems that will compromise the defendant’s ability to successfully complete drug court.

Look for;

o Defendant has had prior involuntary mental health commitment(s) in the past 10 years.

o Defendant has been diagnosed with from schizophrenia, paranoia or other psychosis.

o Reports to the court show no appropriate mental health/substance abuse treatment options are available for the defendant in the community.

Program Type

♦ This is a post adjudicatory probation program. Participants have judgments entered at sentencing hearing with presentence report. This is not a withhold judgment or diversion program.

♦ TASC screens all individuals for eligibility in cooperation with probation. ♦ Eligibility determination is made after plea to open sentencing or upon a verdict

of guilty and sentencing date established. There are no plea agreements to Drug Court; however the States Attorney’s office may recommend Drug Court at sentencing.

♦ Individuals found not eligible for prior acts of violence or for drug dealing are determined by examining prior arrests and convictions, present charges, and facts behind the charges.

♦ Felony DUI’s are acceptable for the program.

♦ Some individuals who are not eligible by statute for probation, but are eligible to be placed on TASC probation, have been sentenced to be supervised through Drug Court due to TASC’s involvement in Drug Court.

(6)

5

Drug Court Team Members and Responsibilities

♦ Following are the core members of the drug court team. Members may be added as deemed appropriate by the core team members.

Judge

State’s Attorney Public Defender Probation

Law Enforcement-Deputy Sheriff Drug Court Coordinator

Community Elements-Mental Health Treatment Prairie Center-Substance Abuse Treatment TASC

Safe House

♦ The following are the major responsibilities for each Drug Court team

member: Judge:

The judge acts as the lead partner in the Drug Court process. He/She participates in all drug court client staffings and presides over the court proceedings. He/She

administers effective sanctions and incentives. The judge is a spokesperson to the community advocating Drug Court and support for the program.

State’s Attorney:

The state’s attorney is a full member of the drug court team. He/She is the gatekeeper of the program (judge, isn’t this you?). He/She participates in client staffings operating in a non-adversarial manner. He/She advocates for effective sanctions and incentives while ensuring community safety. The state’s attorney is a spokesperson to the community advocating drug court and support for the program.

Public Defender:

The public defender is a full member of the drug court team. He/She is generally the party that requests a Drug Court screening pursuant to a plea or a conviction after trial. He/She participates in client staffings operating in a non-adversarial manner. He/She advocates for effective sanctions and incentives while ensuring the offender’s legal rights are protected. The public defender is a spokesperson to the community advocating Drug Court and support for the program.

Probation:

The probation officer is a full member of the drug court team. He/She participates in client staffing by reporting client’s progress. He/She advocates for effective sanctions and incentives based upon the day-to-day knowledge of the drug court participant. The drug court probation officer is a spokesperson to the community advocating Drug Court and support for the program.

Law Enforcement – Deputy Sheriff:

Law enforcement is a full member of the drug court team. He/She acts as a liaison to other law enforcement agencies. Law enforcement will assist with home visits as

(7)

needed, process and serve warrants on Drug Court clients, and assist with

identification of potential drug court clients. He/She participates in client staffings by reporting on participants activities in the community. The law enforcement officer is a spokesperson to the community advocating Drug Court and support for the program. Basic Duties & Responsibilities of the Deputy Sheriff:

The primary assets that a Champaign County Sheriff’s Office Deputy has that other Drug Court team members do not have is the ability to make arrests, the ability to safely conduct searches, the ability to seize contraband, the ability to monitor the clients for criminal behavior other than drug/alcohol consumption, and most importantly the ability to observe and interact with the clients in the field. ♦ Conduct home visits/field contact on Drug Court clients…

o That have exhibited evidence of undocumented income streams.

o For the purpose of verifying their residency status at the reported location. o That are passing their drug screens but have a negative or suspicious

behavioral changes.

o That are suspected of using “legal”drug analogs, or are suspended using adulterants to skew drug tests.

♦ Together with other Drug Court team members, make visits to Drug Court clients’ residences so the Drug Court team member can safely conduct interviews or investigations.

♦ Provide law enforcement field support to Drug Court clients when they encounter law enforcement related problems in their life. If this moves ahead, all requests for assistance of this type would go through the Judge, probation, or one of the counselors. This would primarily happen if the Drug Court client were a victim. ♦ Develop a method for area law enforcement agencies to report all law enforcement

contacts with Drug Court clients to the Drug Court. Because of the way law enforcement officers conduct field operations, this may be difficult to accomplish. ♦ The Champaign County Sheriff’s Office currently has a narcotics detection dog

available for use by the Champaign County Drug Court.

Drug Court Coordinator

The Drug Coordinator is primarily responsible for planning, organizing, coordinating and monitoring the activities of the drug court program. In addition to being the community liaison of the Drug Court, the Drug Court Coordinator completes process and outcome evaluation of the Program on a regular basis. This Coordinator also serves as a link between each of the members of the Drug Court Team as well as the Drug Court Steering Committee. This position reports to the Drug Court Judge and to the Clinical Director at Prairie Center.

Basic Duties & Responsibilities of the Drug Court Coordinator:

♦ Understands and complies with all Center policies, procedures, and relevant state, federal, and local provisions of substance abuse and employment law. Abides by ethical standards of practice and professional relevant to the position.

♦ Acts as a team member of the organization, supporting its goals and missions with the agency and in the community settings.

♦ Provides services in a customer-focused manner.

♦ Is a spokesperson to the community advocating Drug Court and support of the program.

(8)

7 Community Elements - Mental Health

The mental health provider is a full member of the Drug Court Team. He/She conducts an initial mental health screening of each individual admitted into the Drug Court program. This screening process allows for the clinician to determine if a further mental health assessment is necessary. If the individual is recommended for a mental health assessment, then they will participate in a full evaluation and then follow up with necessary recommendations (psychiatric evaluation, counseling, case management, etc.). An individual admitted into services with the mental health provider will participate in a treatment planning process with the clinician and a regular review process. The mental health provider participates in the client staffings by reporting on treatment progress.

Basic Duties & Responsibilities of the Mental Health Provider:

The mental health provider is the primary clinician responsible for screening, evaluating, referring, and monitoring for mental health services of the Drug Court clients.

♦ Provide initial mental health screening for all Drug Court clients admitted into the program.

♦ Administer a mental health assessment if indicated by the screening process to determine the diagnosis, most appropriate level of care, and recommended services.

♦ Develop and monitor client’s individual treatment plan.

♦ Provide coordination, consultation, and client staffing with other treatment providers and court services as necessary.

♦ Attend weekly Drug Court staff meetings and additional Drug Court meetings or trainings.

Prairie Center - Addictions Counselor

The addiction counselor aids and counsels individuals and families who require assistance in dealing with substance abuse problems in performing the following duties:

Basic Duties & Responsibilities of the Addictions Counselor:

♦ Interview clients, review records, and confer with other professionals to evaluate the condition of the client.

♦ Develop individualized treatment plans with client input to address issues identified in the assessment.

♦ Counsel assigned client individually and in group sessions. All counseling services must focus on the goals outlined in the individual’s treatment plan. ♦ Counsel family members if appropriate to assist family in dealing with and

providing support for the client.

♦ Develop working relationships with referral services.

♦ Coordinate activities for clients to promote sober socialization skills.

Prairie Center - Case Manager

The case manager is responsible for an array of adjunct treatment activities to a client needing additional services and/or resources. These may include health and dental care, transportation, mental health services and help with employment. Case

(9)

advocacy and monitoring. The purpose of case management services is to help clients handle aspects of their lives that are not necessarily related to substance abuse but that might impact whether the client remains in treatment or has successful treatment outcomes.

TASC

As the state’s Designated Agent TASC receives requests from the court for Drug Sentencing Options which include TASC probation and Drug Court Probation. TASC (Treatment Alternatives for Safe Communities) is a not-for-profit organization that provides behavioral health recovery management services for individuals with substance abuse and mental health disorders. Through a specialized system of clinical case management, TASC initiates and motivates positive behavior change and long-term recovery for individuals in Illinois' criminal justice, corrections, juvenile justice, child welfare, and other public systems.

TASC provides direct services, designs model programs and builds collaborative networks between public systems and community-based human service providers. TASC's purpose is to see that under-served populations gain access to the services they need for health and self-sufficiency, while also ensuring that public and private resources are used most efficiently.

TASC …

♦ Assesses client after he/she has pleaded guilty to a felony and have an open sentence. No pre plea can be considered for Drug Court.

♦ Determines if the client has an alcohol and/or drug diagnosis and if he/she would be a possible candidate for either program.

♦ Makes a recommendation for the level of treatment at which he/she should start. ♦ Identifies any significant mental health concerns and/or identify issues that should

be dealt with prior to, or during, their Drug Court involvement.

♦ Checks clients’ past criminal history (docket and/or from PSI report) and the current conviction to determine their eligibility based on local drug court standards.

♦ Participates in the case staffing and Drug Court sessions along with the steering committee to help continue to coordinate involvement.

If clients are sentenced to Drug Court and were recommended to programs that are available through the Prairie Center due to their involvement in Drug Court, TASC forwards the assessment summary along with a release of information. If a different treatment program is recommended to begin with, TASC works on placement to that other level of care, and updates the court on progress until return to Champaign County. TASC gives the option to Prairie Center staff to discharge clients from treatment upon successful completion and will then monitor post treatment until the graduation date.

Safe House

The Safe House is a substance free, faith-based, men’s transitional rehabilitation program that provides housing for some of our Drug Court clients.

(10)

9

Program Coordination

♦ Supervision of probationers is accomplished as a team effort between Prairie Center (treatment provider), TASC and probation.

♦ Current participation in the Drug Court Program consists of the Judge, Probation, State’s Attorney, Public Defender, Drug Court Coordinator, Champaign County Deputy Sheriff, Champaign County Mental Health, TASC, and the treatment provider, Prairie Center. Prairie Center currently provides (2) counselors and a case manager. This group makes up the Drug Court Team.

♦ A steering committee consisting of Judge and representatives from Prairie Center, State’s Attorney, Probation, Public Defender, Mental Health, TASC, Community Elements, Champaign County Board and the 708 Board, meets on a regular basis and provide guidance and policy for administering the Drug Court Program. ♦ Prairie Center and TASC are responsible for weekly or monthly reports on the

progress of the probationers in treatment. Weekly reports are provided for those who are participating in treatment locally and monthly reports for those in treatment facilities outside the

county. Decisions on level of treatment and all other treatment related issues are left to these agencies.

♦ Probation maintains records pertinent to the probationer and is responsible for conducting drug tests and reporting the results on a weekly basis or as needed. Probation also works with the State’s Attorney in reporting violations of probation conditions, which may lead to sanctions or revocation. Probation also addresses issues relating to the probationer outside the treatment realm. ♦ The State’s Attorney participates

in the weekly team meetings. He/she provides information on

the current offense as well as any new arrests or charges which may come up. The State’s Attorney is responsible for filing revocations and warrants.

♦ The Public Defender’s office also participates in the weekly team meetings. He/she provides input as well as representation of the Drug Court clients if revocation procedures are necessary.

♦ Ultimate authority rest in the hands of the Judge. The Judge conducts Drug Court, reads and goes over each condition of Drug Court with the probationer, passes out sanctions or rewards, orders any additional conditions of probation which may be necessary, provides input at team meetings, and ultimately decides all outcomes.

(11)

Champaign County Drug Court Flow Chart

Probation - PTR

Plea or Found Guilty/Case Set

for Open Sentencing

Pre-sentence Report Completed by Probation

Normal Criminal Case Processing

Sentencing – Judge determines whether

defendant gets Drug Court

Judge reviews sentencing order w/ client during open Drug Court

Full Assessment for substance abuse

Staffing Report

(Held once a week prior to open Drug Court session)

Drug Court (weekly/bi-weekly)

Attendance Termination

Graduation

Normal Case Disposition

Prison Conditional

Discharge

New Charge

Probation

TASC reviews information and determines eligibility based on

criteria developed by the Drug Court Team. Notification is

given to Probation on the eligibility of client.

Not sentenced to Drug Court Sentenced to Drug Court

(12)

11

Courtroom Process

Procedures

1. Participants must appear in Drug Court on the first Monday at 1:00 PM following their sentence to Drug Court and then appear every Monday thereafter unless it falls on a court holiday or they are moved to Phase II (reporting every other week).

2. The Judge reads and explains the rules of Drug Court and the defendant signs the Certificate of Probation.

3. The participant is admitted to the program at sentencing.

4. The probationer is instructed to contact Prairie Center immediately for an

assessment. The probationer must return the following week with their assessment completed or appointment set. They are instructed to inform Prairie Center they are a Drug Court client. Drug Court clients are given priority.

5. Information received from the various agencies is discussed at the weekly Team meetings. These meetings occur at 10:30 AM each Monday before Drug Court. Information obtained which is determined to be immediately necessary is

disseminated to the proper agency via phone, fax or in person as soon as possible.

Supervision

1. Probationers are drug tested weekly and randomly unless incarcerated or away in residential treatment.

2. A client may be moved to Phase II based on AA/NA, sobriety treatment, and overall cooperation with Drug Court and agreement of the Drug Court Team. This will change attendance by the client to every other week.

3. Treatment providers address treatment issues. The judge and probation notify the individual of violations and discuss or enforce the conditions of his/her probation. The judge imposes sanctions.

4. Probation is responsible for the collection and processing of the urine samples. This takes place at the probation office.

5. Drug tests are administered randomly as directed as often as twice per week at Probation and Prairie Center. New participants are tested no less than one time per week. All clients are required to call in on a recorded line on Monday, Tuesday, Wednesday and Thursday as part of the random drug testing requirements. If a client’s number is called he/she must come in the following day for a random drug test.

6. Current drug testing is quantitative through a Viva-E EMIT drug testing

instrument from Siemens. Qualitative testing is also available in the form of Test Cups.

7. Positive drug tests may result in: a. Increased drug testing. b. Increased level of treatment.

c. Sanctions such as public service work or jail. d. A petition to revoke probation (PTR).

8. There is currently no fee for Drug Court or for drug testing.

9. Drug Court also utilizes SCRAM alcohol monitors as well as GPS and home monitors. All DUI cases are required to wear a SCRAM for 90 days. A

determination will be made at that time as to remove or continue the monitoring based upon cooperation and participation.

(13)

Incentives and Sanctions - Drug Courts usually apply incentives and sanctions.

Since 1991, Judge Ford has applied them, but under the philosophy that we are responding to the behaviors and actions of the defendant. A defendant is always told how his/her actions led to the incentives and/or sanction. The philosophy is to make the defendants own their actions and understand that they control their own lives. ♦ Sanctions may be issued for but not limited to the following:

1. Positive drug tests or alcohol detection. 2. Failure to attend treatment.

3. Failure to participate in treatment.

4. Violation of a no contact ordered issued banning the individual from any contact with specified persons or places.

5. Violation of the law.

6. Violation of treatment recommendations.

7. Actions determined to be detrimental by the Drug Court Team. ♦ Sanctions used currently include:

1. Public service work. 2. Essay.

3. Home monitoring and/or GPS.

4. Alcohol (SCRAM) monitoring or daily BAC’s. 5. Jail time up to 180 days pursuant to statute. 6. Additional AA/NA attendance.

7. No contact orders.

♦ Incentives are used for but not limited to the following: 1. Benchmark clean times (6mo., 12mo.,24mo.) 2. Active participation in treatment programs. 3. Gaining positive employment.

4. Furthering education (GED, HS diploma, enrollment in college courses). 5. Completing a cognitive skills program.

♦ Incentives currently used. 1. Recognition in Drug Court.

2. Level 1, 2, 3 rewards. Gifts awarded for positive behavior increasing in monetary value.

3. Week off from Drug Court. 4. Move to Phase II

5. Graduation.

6. Upon graduation assistance with fines and assessments are provided.

♦ Sanctions and Incentives are discussed weekly by the Team. The Judge makes the final decision to issue a sanction or incentive and what it will be.

Treatment

♦ Initial assessment to determine eligibility is conducted by TASC.

♦ Upon entry, Prairie Center conducts an assessment unless the individual is to remain in custody until a long term residential placement is achieved. If this is the case TASC or Prairie Center will seek placement.

♦ There are currently outpatient, intensive outpatient, residential, and extended care options available to Drug Court.

♦ There are limited resources available for treatment of special populations, such as individuals with certain types of mental illness.

(14)

13

♦ Most treatment is provided by Prairie Center for Substance Abuse. Other residential facilities are available through Prairie Center and TASC referrals. ♦ Contact with treatment provider is minimally required on a weekly basis. ♦ Prairie Center reports are provided to the Team on a weekly basis. ♦ Treatment failures or discharges are reported to probation immediately. ♦ Community Elements is also a partner in Drug Court and is able to complete

assessments and set up counseling and or medication for our clients. In addition there are a variety of programs to assist clients in need of mental health assistance which includes case managers, housing assistance and MISA groups.

Aftercare Services

♦ Current services available for post treatment are: 1. Parkland College for obtaining GED, vocational or

continued education.

2. Urbana Adult Education and Regional Office of Education in Rantoul for GED, vocational training.

♦ Planned services but not in operation are: 1. Job readiness program.

Removal from Drug Court

♦ Participants are removed from Drug Court by reaching a plea agreement or by re-sentencing after a Petition to Revoke Probation has been filed and defendant found to be in violation.

♦ The majority of those revoked from Drug Court receive prison sentences. This is accomplished through a plea agreement or open sentencing.

Graduation from Drug Court

♦ Probationers graduating from Drug Court in most cases have accomplished the following:

1. One year sobriety.

2. Continuous involvement in a sobriety based self-help group with a 12 step program with sponsor.

3. No pending criminal charges.

4. Attendance and participation or successful completion of all recommended treatment programs.

5. Recommendation from the Drug Court Team.

6. Have no outstanding arrest warrants and have, during their participation in Drug Court, informed probation of any misdemeanor offense convictions. If found guilty of any misdemeanor offense, there must be 6 months with no charges before graduation and all sentencing requirements must be completed. 7. Successful involvement in the Life-Skills Training program (see Appendix C)

Special Services

♦ Drug Court has established a not-for-profit organization which seeks funding through donations. This money is used to assist clients in need. The Drug Court team makes this decision as to what to fund and to what extent.

(15)

♦ Clients in Drug Court also participate in a cognitive thinking course. This 16 week course is housed in the probation office and is conducted by a local agency which specializes in this program.

♦ There are established relationships with a few employers who are willing to provide jobs for Drug Court clients. Efforts are being made to grow the list which will provide employment for more clients.

Financing

♦ As of 1/1/08 a $5.00 fee will be collected by the Champaign County Circuit Clerk for most criminal cases as part of their court costs. This money will be used by the Drug Court team as decided on for incentives and other items deemed necessary in the operation of the Drug Court.

♦ Also, through a memorandum of understanding with Champaign County Mental Health Board, a fund has been established to allow for the collection and donation of funds from external sources for the operation of the drug court program. These monies are also used for Drug Court participants and Drug Court needs.

♦ The 708 board has contracts with agencies – Prairie Center, Community Elements, Family Services – to provide services to Drug Court and Mental Health Court clients.

♦ Probation service fees are used to pay for drug testing, cognitive thinking program, SCRAM alcohol monitoring and other related items.

Confidentiality (see appendix A)

Memorandum of Understanding

Champaign County Drug Court Confidentiality & Waiver Information The goals of the Champaign County Drug Court and confidentiality laws are

compatible; both seek to help substance abusers overcome their drug addiction, for the benefit of the users themselves and society at large. Champaign County Drug Court will eliminate any unnecessary conflict by obtaining the participant’s consent for information disclosure. The participant will be asked to sign a waiver authorizing the transfer of information among all participating agencies.

The participant’s identity and privacy will be protected consistent with federal confidentiality laws (42 United States Code (USC) Section 2990dd-2, and the

regulations implementing these laws at 42 Code of Federal Regulations (CFR), Part 2) and Illinois law. Drug courts and confidentiality laws are designed to achieve the shared goal of encouraging substance abusers to obtain and remain in treatment. The Champaign County Drug Court can only function if information is shared among team members.

All members of the Drug Court must hold information discussed during pretrial interviews, assessment, Drug Court staffing meetings, Drug Court status hearings, and treatment sessions in confidence.

To enhance awareness of the ethical standards and confidentiality requirements for every member of the team, and to be clear on the ethical dimensions involved in a drug court practice, the Champaign County Drug Court Program will:

(16)

15

• Promote and foster the duties of professional competence and due diligence from every member of the drug court team;

• Maintain, recognize, respect, and value the distinct roles of every member of the team;

• Foster a spirit of collaboration where every member of the team is expected to exercise independent professional judgment and render candid advice on how best to meet the treatment goals and expected outcomes for each participant in the program;

• Add value to the Drug Court process by promoting authentic advocacy that is consistent with the professional responsibilities of each member of the Drug Court Team;

• Ensure that every member of the team is fully aware of the Drug Court model, how it operates, and be able to articulate its risks and benefits to program participants and to the community;

• Promote competency and knowledge on professional ethics and confidentiality and how they may be consistently applies in a drug court setting;

• Require that program participants sign appropriate Waiver of Confidentiality Consents that demonstrate that the participant provides informed consent on the consequences of that waiver, that is given voluntarily, and that he or she had the opportunity to discuss the terms and conditions of the Waiver with counsel.

• Provide on-going education on the ethical and confidentiality dimensions of drug courts by directing members of the team to current research and writing that addresses the issues of ethics and confidentiality in drug courts;

• Hold information discussed during pretrial interviews, assessment, Drug Court Team staffing meetings, Drug Court status hearing and treatment sessions in confidence;

• No results or statements made by participants during Drug Court proceedings shall be admissible against participants other than in Drug Court proceedings to prove a violation of the Drug Court rules or to establish grounds for termination of a defendant from the Drug Court program.

Evaluators, researchers, team members or personnel from other courts visiting the Drug Court staffings and Court hearings are required to sign a confidentiality agreement that is kept on file by the Drug Court Coordinator.

Appendices

♦ Appendix A: Confidentiality Statement Form

♦ Appendix B: Authorization to Disseminate Information for Marketing Purposes

(17)

Appendix A: Champaign County Drug Court

Confidentiality Statement Form

I, ______________________________________________________________, as a participating member or guest of the Champaign County Drug Court, duly recognize my responsibility to the confidentiality of the Drug Court Program, and hereby agree:

1. Any information discussed at a team meeting shall remain confidential and will not be revealed to anyone.

2. Names of program participants will be disseminated to team members only. 3. Photos, Drug Court files and addresses of Drug Court participant will remain

confidential, to be used by Drug Court Team members only. 4. Warrants of arrest are not confidential.

Signed:______________________________________________ Date_______________

Note: This form is necessary in order to comply with Title 42 of the code of Federal Regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records. Team members include law enforcement liaison officers and all team back-up members.

(18)

17

Appendix B: Authorization to Disseminate Information

for Marketing Purposes

PRAIRIE CENTER HEALTH SYSTEMS, INC. AUTHORIZATION TO DISSEMINATE INFORMATION

(for Marketing purposes)

Client Name__________________________________________DOB______/______/______ ID#________________________

I hereby authorize Prairie Center Health Systems, Inc. and the Champaign County Drug Court to use the following information for educational and/or marketing purposes in print or electronic form, privately or publicly (please initial all that apply):

 All of the items listed below O R  Only those items checked below:

 Photographs of me participating in PCHS activities

 Art work done by me

 Writings I have completed

 Any image of myself

 My full name

 Any audio or video with my voice or image

 Other: __________________________________________________________

I understand that by doing so, I may be identified as having received substance abuse services at Prairie Center Health Systems, Inc.

Photocopy and facsimile of this authorization will be considered as valid as the original. This authorization expires on the following calendar date_______/_______/_______.

This authorization may be revoked by me at any time, except to the extent actions have been taken based on my signed release prior to the revocation request.

Client Signature (age 12 or

older)_____________________________________________________Date_____/_____/_____

Parent/ Guardian Signature

__________________________________________________________Date_____/_____/______

Agency Representative or Witness

Signature_____________________________________________Date_____/_____/_____ Revocation

Signature__________________________________________________________Date_____/_____/__ ___

This information has been disclosed to you from records protected by Federal Confidentiality Rules (42 CFR Part 2). The federal rules prohibit you from making any further disclosure of this information unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by 42 CFR Part 2. A general authorization for the release of medical or other information is not sufficient for this purpose. The federal rules restrict use of this information to criminally investigate or prosecute any alcohol or drug abuse patient.

(19)

Appendix C: Life-Skills Training Tracks

To better prepare our Drug Court clients for their future we expect them to be involved in our Life-Skills Training Program. Participants need to work in one of three tracks (education, vocational, volunteer) and have completed a personal resume before being considered for graduation from the Champaign County Drug Court. A client will begin and move through his/her life-skills training stages as his/her

counselor/treatment permits. Movement between tracks and stages is allowed. The following diagram describes the components of each track.

Track Education Vocational

(employment) Volunteer

Stage 1 Enroll in GED/Junior College/University program of study

Enroll in employment training class (i.e. complete Illinois Skills Match/gain Work Opportunity Tax Credit letter and Fidelity Bonding Form, Job Club, etc.)

When not actively pursuing an education or employment, client does volunteer work with a counselor approved agency is required

Stage 2 Report academic progress to counselor/judge, begin working on resume Present counselor/judge proof of employment training class work, begin working on resume, possibly do volunteer work to improve future employment chances, begin job search

Volunteerism report submitted to

counselor/judge, begin working on resume

Stage 3 Continue taking classes to pursue degree/certification, present documentation to counselor/judge, completed resume approved by case manager Successfully gain employment, progress report given by employer to counselor/judge, completed resume approved by case manager Volunteerism report submitted to counselor/judge, completed resume approved by case manager

If the Drug Court client is unsuccessful moving through either the education or

vocational track he/she will be expected to enter the volunteer track.

Champaign County Drug Court Honorable Jeffrey B. Ford Michael Carey - Probation Officer Del Ryan Drug Court Coordinator. Policy & Procedures Manual