25 th Judicial District Drug Court Program

1. 25th Judicial District Drug Court Program Participants Handbook February 1, 2013 “Supporting treatment, education, recovery & second chances.”

2. Welcome To The 25th Judicial Drug Court Program! The Drug Court Program is committed to assisting with the intervention, treatment and rehabilitation of non-violent offenders who desire to change their lives and break the cycle of drug and/or alcohol dependency. This handbook will provide overall information about the Drug Court Program and what is expected of you as a participant. You are encouraged to share this handbook with your family and friends. Working together, we hope to see positive changes in your life as a result of the Drug Court Program. We wish you luck and happiness in your newly found recovery and your new life. This handbook will provide complete information about the 25th Judicial District Drug Court Program and what is expected of you as a participant. Our Mission Statement: The mission of the 25th Judicial Drug Court Program is to enhance public safety and create a sustainable community by providing judicially supervised drug treatment and innovative case management to offenders with the goal of returning drug and alcohol free law abiding citizens to our community, thereby closing the revolving door of the criminal justice system. "Determine that the thing can and shall be done, and then we shall find the way." Overcoming Addiction Quote by Abraham Lincoln (February 12, 1809 - April 15, 1865)

3. Drug Court Program Description The Drug Court Program consists of approximately 18 months of treatment, which may consist of inpatient, residential, and outpatient treatment, or a combination of any of the above. There are four phases of treatment, designed to help break the pattern of drug and/or alcohol dependency as well as the pattern of criminal behavior. The last six months are dedicated to the After Care Program. Assisting you and participating in your journey will be the Drug Court Team consisting of The Judge, Drug Court Coordinator, Drug Court Case Manager, District Attorney’s Office, Public Defender's Office, and Community Corrections/ Probation. You must remain clean and sober to successfully complete this program. NO ALCOHOL, NO MARIJUANA, NO DRUGS AT ALL ---PERIOD! Benefits When you successfully complete the Drug Court Program, you will get the following rewards: • You will be clean and sober • You will have a job or will be furthering your education • You will have a stable lifestyle • You will have improved health • You will be a contributing member of society • You will be a positive example for your family and others. Supervision You will be required to appear at designated times in Drug Court to report your progress and turn in your required documentation and support group attendance records. The Drug Court Judge will encourage you if you are doing well in the program, and will discuss sanctions with you if you are non-compliant with your program. If you do not come to court when required, a failure to appear warrant for your arrest may be issued. It is important that you understand that that you will be treated individually when the Drug Court Team is considering sanctions or rewards. Every person’s situation is different and we will take that into consideration. The Drug Court Team considers compliance with the program rules to be the priority for the first 90 days of the program. Therefore, the sanctions may be more severe for non-compliance than for a positive drug screen. However, we will look at each case individually before making any recommendations. Ultimately, the Judge makes all final decisions.

4. Treatment • The treatment plan will be developed by the case manager and treatment staff based on the substance abuse assessments, and will be subject to approval by the Drug Court Team. Treatment is holistic and involves not only Alcohol and Drug treatment but also other activities, living arrangement, educational/vocational requirements, etc. All clients will be required to participate in 12-step work and have a sponsor to guide them in that process. Each participant’s treatment plan will be devised according to their individual needs and may be changed during any of the phases as deemed necessary to complete treatment successfully. • Incentives • The 25th Judicial District will recognize and provide incentives for accomplishments in other areas of your life that promote drug-free, pro-social, law-abiding, behavior. The following are some examples of achievements the Court will recognize and possible incentives the Court may use to recognize them. • Examples of achievements: • 30, 60, 90 days of sobriety • Educational achievements including behaviors, attendance and grades • Volunteer within the community in addition to the required community service project hours • Self-improvement classes that build mind, body or soul • Completion of programs and phases • Possible incentives: • Less restrictive curfew • Certificates of Achievement • Fewer office appointments and/or Court Hearings • Coupons to local stores • Gas Dollars • Praise from the bench and the team • Confidentiality • Your privacy is respected in the Drug Court Program. We will make every effort to protect your identity by not using your name in research or evaluation activities. We will ask your permission to use your name in any articles or publications. • Your contact with the drug Court Program gives permission to the Drug Court staff to give treatment information to your attorney, the State’s Attorney, and the Drug Court Team Members.

5. You agree to dress appropriately when in the courtroom. No pajamas, house shoes, shorts of any kind, or cut off shirts. You must show respect to the Court at all times. • You may not leave town without written permission from the Drug Court. You must also adhere to any rules and regulations of any other probation that you may be under. • If you are not compliant with the rules of the drug court program, the Court may increase the frequency of court appearances; increase the intensity of treatment or the number of urine screens; impose sanctions including, but not limited to incarceration, residential placement, and community service or any other action deemed appropriately.

6. Drug Court Program Rules • When you join our Drug Court Program, you will: • Receive an assessment and ongoing evaluation with regard to your drug treatment program. • Follow the phase of the program to the satisfaction of the Court. • Not use, possess, or be in the presence of any illegal drugs, including marijuana or drug paraphernalia, and you will not use or be in the presence of alcohol at all. • Agree to be drug/alcohol tested at any time. You will not alter, or try in any way to change your bodily fluids given for drug tests. • Not purchase alcohol or drugs or be in the presence of anyone who is purchasing alcohol or drugs. • Agree to be searched for drugs by any police officer or Drug Court Staff member with or without a search warrant, warrant of arrest, or reasonable cause, day or night. • Not engage in any criminal activity. Not be an informant for the police while in this program. • Inform any law enforcement with whom you come in contact that you are enrolled in the Drug Court Program. • Attend all scheduled meetings and sessions and cooperate with any changes in treatment. Must provide proof of meetings attended on a regular basis. • Participate in any other program or treatment deemed appropriate and will sign authorizations as necessary; refusal to sign the release forms may make you ineligible for the program. • Be enrolled in an educational program and/or be employed or actively looking for a regular job. • Agree to pay any program fees, court costs, probation fees, restitution and/or laboratory fees as ordered by the Drug Court and understand that you will not be released from the program until these obligations are completed. Must keep track of a detailed monthly budget and turn this into your case manager as directed. • Not leave the county of your residence or the State of Tennessee without written approval from the Drug Court. • Agree to inform the Court of any changes in your address, phone number or employment. • Understand that if your are non-compliant with any rule, you will be subject to sanctions, tasks, or increased treatment as imposed by the Drug Court. • You agree that the Drug Court Team can review your treatment plan in regards to your progress without you being present and make any changes to your treatment. • You agree to participate in all Drug Court activities without the District Attorney or your attorney present, unless the Judge is considering terminating you from the program.

7. PHASES OF THE DRUG COURT PROGRAM • The program is divided into • Phase I – 3 to 6 months • During Phase I, the participant commences intensive outpatient treatment including individual • counseling sessions, group counseling sessions, educational and skill building sessions, attends • 12-step or similar support group programs, and is subjected to mandatory drug screening • 1-3 times a week. Phase I entails of psycho-educational counseling, including education on • substance use and abuse, bio-psychological effects and recovery planning, and education • regarding addictive personalities, defense mechanisms, and denial. The participant is introduced • to support groups including AA/NA or other 12-step based support group programs, where • they begin working through Steps 1 through 3. • Phase I is an intensive treatment program lasting approximately 3 to 6 months based on the • participant’s ability to comply. • Requirements for Phase I include the following: • Orientation • Report to Drug Court Judge as instructed • Report to Drug Court Coordinator 1 time a week • Report to probation/ community corrections as directed • Attend treatment 3 times a week (Intensive Outpatient) • Attend AA/NA 2 times a week with documentation • Submit to Drug Screens 3 times a week (Random and Unpredicted) • Identify a sponsor • Begin 100 hours of community service • Sign up or GED/Assessment if needed • Schedule any other required classes (parenting, shoplifting, anger management, family sessions, etc.) • In order to move up to the next Phase, the following will be addressed: • ARE YOU compliant with the program? • Have you begun community service? • Have you been sober for 60 days? • Do you have a sponsor? • Are you employed? If not, are you looking or working on an education program? • Are you active in any fellowship or organized recreation? • Have you and your treatment counselor submitted a 3 month treatment plan review? • Have you had any new arrests or convictions?

8. Phase II – approximately 6 months • Upon completion of the previous phase, the participant will have been with the treatment • provider long enough to establish a relationship and identify any other underlying issues • that either the participant could not or would not share in the beginning of this process. • They have also been given the tools for relapse prevention and developed skills to avoid high • risk situations. • Phase II will focus on the participant’s history of drug/alcohol use and problems associated • with addiction, the use of defenses, the ongoing use and establishment of alternative behaviors • and thinking patters and a continued focus on working steps 4 through 6 of a 12 step program. • Individual counseling sessions will cover such topics as the art of changing behaviors and • believing in yourself, anger management, lifestyle roles and responsibilities, time management, • budgeting finances, RET (rational emotional therapy – shame, guilt, anger, depression, anxiety, • perfectionism, grief, and self-esteem) violence and domestic violence and other issues pertinent • to the specific participant’s particular needs and circumstances. Participants may also receive • other treatment, including mental health care, education, vocational-technical training, job skills • development and job placement from the many resources in the community. • Requirements for Phase II include the following: • Report to Drug Court Judge 2 times a month • Report to Drug Court Coordinator 1 time a week • Report to probation/ community corrections as directed • Attend treatment 2 times a week • Attend AA/NA 2 times a week with documentation • Submit to Drug Screens 2 times a week (Random and Unpredicted) • Actively working to complete community service • In order to move up to the next Phase, the following will be addressed: • Are you compliant with the program? • Are you working on community service? • Have you been sober for at least 120 days? • Are you current on fines and fees? • Do you have a sponsor? • Do you have a job? If not, are you looking or working on an education program? • Are you active in any fellowship or organized recreation? • Have you and your counselor submitted a 6 month treatment plan review? • Have you had had any new arrests or convictions?

9. Phase III – approximately 3 months • Phase III continues to reinforce what the participant learned in Phase I and II along with • new information and living skills to be mastered. Phase III begins to deal with a participant’s • daily living, problem solving, communication and coping skills. Participants learn to identify • personal impulsive and compulsive traits and how to work through them in positive ways. • In continuing work in a 12 step support program, participants will learn personal inventory and • how to make changes by completion of Steps 7 through 10. • Requirements for Phase III include the following: • Report to Drug Court Judge as directed • Report to Drug Court Coordinator 1 time a month • Report to probation/ community corrections as directed • Attend treatment 1 to 2 times a week • Attend AA/NA 2 times a week with documentation • Submit to Drug Screens 1 times a week (Random and Unpredicted) • Complete community service • In order to move up to the next Phase, the following will be addressed: • Are you compliant with the program? • Have you completed community service? • Have you been sober for at least 150 days? • Are you current on fines and fees? • Do you have a sponsor? • Do you have a job? If not, are you looking or working on an education program? • Are you active in any fellowship or organized recreation? • Have you and your counselor submitted a 12 month treatment plan review? • Have you had any new arrests or convictions?

10. Phase IV – Aftercare – minimum 6 months • Phase IV includes group counseling on the bio-psychosocial model of the criminal • personality, recovering from criminal personality and chemical dependency. In • developing a personal relapse prevention plan, participants become familiar with • relapse terminology and learn to self-assess, identify and manage personal relapse • warning signs. Completion of a12-step support group study will be made through • working Steps 11 and 12. • We presume, after 12-18 months of gradual and progressive treatment care, a • participant has successfully completed all requirements of the Drug Court towards • rehabilitating THEIR life. Each graduate is then required to participate in the “After Care • Program” for an additional time of approximately 6 months. Although addiction • recovery is a life-long learning process, Graduation is “end” of the formal student role • and movement into the leadership role. This is important for the participant to • experience while still under the jurisdiction of the court. • The “After Care Program will consist of the following: • Report to Drug Court Judge as directed • Report to Drug Court Coordinator 1 time a month • Report to probation/ community corrections as directed • Attend treatment based on need and treatment plan • Attend AA/NA 2 times a week with documentation • Submit to Drug Screens 2 times a month (Random and Unpredicted) • Must be employed. • In order to complete the After Care Program, the following will be addressed: • Are you compliant with the program? • Are you current on fines and fees? • Do you have a sponsor? • Are you active as co-facilitators in groups? • Are you mentoring new participants to Drug Court? • Are you assisting with community service projects?

11. Failure to comply with any phase of treatment results in a graduated list of sanctions, which includes additional drug screening, additional individual and/or group therapy sessions, additional contact with the Case Manager or Drug Court Coordinator, additional community service, residential treatment and incarceration. If the participant exhibits a complete lack of cooperation with their treatment program, the Drug Court Judge can terminate that individual from the program, in which event the participant is sentenced to jail according to the provisions set forth in the Summary of Facts which was entered at the time of the entry of the plea. • Confidentiality • Drug Court participation is treatment according to the definition established in Federal • law and accordingly all information of every sort obtained from the participant or about • the participant’s progress and/or participation in the Drug Court Program is covered and • regulated by the applicable state and federal laws and regulations. Every member of the • Drug Court Team, Drug Court Staff and treatment providers are bound by these regulator • provisions of the laws of confidentiality. No information shall be disclosed by any person • receiving information concerning a participant without an appropriate Release of • Information executed by the participant. • Drug Screening • Drug screening while in the program is absolutely mandatory. The effective operation • of a drug court program is premised upon having the capacity to: • conduct frequent -often two to three times per week ensure that selection of participants • is random ensure that tests are unexpected obtain test results immediately maintain • a high degree of accuracy in test results. Drug testing is a key component of drug • court programs because it provides readily available and objective information • to the judge, other justice system officials, treatment personnel, and caseworkers • regarding a participant’s progress in treatment. The drug testing process, coupled with • immediate program responses, forces defendants to address their substance abuse • problems immediately and continuously. • Any participant that misses a drug screen or refuses to produce a sample will be • determined by the Court to be a positive screen. There are no exceptions to this rule. • The only way that a participant can avoid a drug screen when ordered to give one, is if • they are excused by the Drug Court Coordinator from participating in that particular • procedure and any such decision shall be reported to the team. Penalty for a positive • screen or missed screen is forty-eight (48) hours in the county jail. This applies to all • participants in all phases.

12. Drug Screen Challenges • Any participant who receives a positive urinalysis from a urine test will be considered positive. • THERE WILL BE NO RETEST! If the participant wishes a second opinion of the test results, then • they will immediately announce to the Drug Court Staff their intent to challenge the test • results. The participant will then be required to pay the fee for the laboratory test within 24 • hours of the challenge announcement. The sample will be lab tested for confirmation of • test results. In the event that the lab confirms the positive results, then the participant will • receive the appropriate sanction as announced by the Court. However, if the lab results are • negative then there will be no sanction for the participant for this particular test. The urine • sample will be held for only 24 hours following the challenge announcement and if the • participant fails to pay the required fee, the sample will be discarded and the participant will • be sanctioned as though the challenged sample was determined positive by the lab. • Participant Grievances • The 25th Judicial District Drug Court Program provides its participants with protection from • attack on their personal rights. The participants are given a reasonable opportunity and/or • access to seek relief and protection from attack of their personal rights. That procedure is • as follows: • Drug Court Staff and participants are encouraged to address problems immediately and • informally, if possible. If the participant’s issues cannot be resolved to their satisfaction • at this level, a written grievance may be filed. If they have a complaint regarding the care • or service received in Drug Court, they can request a consumer grievance form from the Drug • Court Staff. The participant can request the staff to assist them in completing their grievance • form, if necessary. • The participant will appropriately complete the form and provide honest and accurate • information about their complaint and situation and submit it in a sealed envelope to the • Drug Court Coordinator. (If the grievance is against the Coordinator – the form should be • submitted directly to the Judge.) • Their grievance will be reviewed and they will have an initial response within 14 days. • That the matter may be presented to the Drug Court Team if the Drug Court Coordinator or • Drug Court Judge feels that their contribution and comments are necessary to rectify the • situation. • All grievance forms must be signed by the Drug Court participants.