Therapeutic Justice Program NAGRA June 2007

1. Therapeutic Justice Program NAGRA June 2007 Sue McNabb suemcnabb@bellsouth.net (225) 241-6771

2. Compulsive and Problem Gaming Fund

3. Comprehensive Therapeutic Justice Program • Law Enforcement Component • Pretrial Referral Program • Probation/Parole Program • Gambling Courts (Amherst model) • Community Service Assistance • Community organizations, 501c3’s, faith based community groups • Industry: Risk Management

5. Pre-trial program Objective To refer non-violent first or second offenders whose offenses are directly related to gambling addiction into a treatment program. The diversionary program is a cost effective way to reduce the case load in the judicial system, reduce incarceration services, and provide help to the gambling addicts to break the cycle of crime as it relates to gambling. To establish a voluntary statewide diversionary and referral program administered by each county District Attorney’s office to address criminal activity resulting from pathological gambling.

6. District Attorney Gambling Treatment Referral Program Team Attorney General State treatment council State health agency

7. Forms • Referral Form • Releases • Agreement • Terms and conditions • Restitution • Not to play video poker/internet gambling • Self-Exclusion Form • Community Service Report

8. Types of CrimesAssociated with Compulsive Gambling • Theft • Forgery • Issuing Worthless Checks • Credit Card Fraud • Failure to Pay Child Support • Child Abandonment

9. Exclusions • Violent Offenders • Persons who caused death or serious bodily injury • Persons with priorconvictions • Persons who used force

10. Goals • Reduce the number of gambling related cases before the courts • Reduce the population in overcrowded jails • Provide restitution to the victims • Reduce recidivism

11. Bonus to local government • Federal Bonding Program to protect employers who hire program participants • Brochures for program district attorneys to educate the participants, victims and public • Statewide DA database

12. Expansion of the program • Bar Association to reach bankruptcy attorneys, family law practitioners, defense attorneys, and corporate law practitioners • Probation and Parole • Courts and sentencing

13. Probation/Parole Program • A segment designed to include violent offender or non-violent offenders whose criminal activity requires probation or parole • The goals and objectives are the same as pre-trial: stop recidivism • Can include spousal abuse or multiple offenders

14. Amherst Model for Therapeutic Justice • Challenge of Identification & Referral • Traditional Criminal Justice System • Defendant is arraigned on formal charges • Plea or verdict • Defendant has probation evaluation • Plea negotiations between defense counsel and district attorney • Defendant has probation evaluation • Defendant is sentenced • Extensive processing time • Defendant may be referred for gambling problem assessment/treatment – IF IDENTIFIED • Judge Mark Farrell

15. Traditional CRIMINAL JUSTICE SYSTEM • Non-compliant Defendant: • Probation Officer files violation of probation • Judge may incarcerate appropriate to crime, irrespective of gambling problem • Incarcerated Defendants: limited, if any, access to Gambling Recovery Programs • Probable return to gambling and criminal activity upon release

16. Therapeutic JUSTICE SYSTEM • Defendant is arraigned on formal charges • Judge applies problem gambling indicia • Suspected gambler is referred for initial limited assessment • Defendant returns to court within 48 hours – 1 week with initial assessment results • Full screening assessment completed within 2 weeks • Plea negotiations between defense counsel and district attorney result in Pre-plea/Post-plea diversion to Gambling Court, if appropriate • Defendant begins individualized, contractual, judicially monitored, gambling recovery program

17. Therapeutic JUSTICE SYSTEM • Defendant mandated to return to court regularly to assess progress in treatment • If defendant non-compliant with treatment program, Judge can sanction (including possible incarceration) • Defendant motivated to make progress due to regular monitoring, accountability, and psychosocial support system.

18. Sanctions Might Include* • Warnings and admonishments in open court • Demotion to earlier program phases • Increased frequency of court appearances • Confinement in the courtroom or jury box • Increased monitoring and/or treatment intensity • Fines • Required community service or work programs • Escalating periods of jail confinement • Termination from the program and reinstatement of regular court processing *based on Drug Court Key Component #6

19. The Amherst Model developed by Judge Mark Farrell uses Positive Reinforcement “

20. Therapeutic JUSTICE: Theory & Perceptions • Notre Dame Law Review 1/99 • The Court as a proactive agent of change • Cycle of criminal behavior • Rehabilitation and reduction of recidivism as a judicial goal • “Problem Solving” courts in the 21st century • Judges as “social workers”?

21. Therapeutic Justice: Summary • Gambling Treatment Courts: ~Therapeutic Justice Court • Early identification, intervention & comprehensive assessment • Mandated treatment • Judicial supervision – key element • Development of healthy behaviors (~ reduce recidivism) • Expected exponential growth of legalized gambling • Action Plan • Enhanced public & governmental awareness • Legislation to support therapeutic approach • Expanding judicial involvement • Support from the “Gaming” industry • Societal support and involvement

22. Region 7 Northwest Regional Center for Addictive Disorders 6005 Financial Plaza, 2nd Floor Shreveport, LA Phone: (318) 632-2040 Region 8 Monroe Regional Addictive Disorders Clinic 2807 Evangeline Avenue Monroe, LA Phone: (318) 326-5188 Region 2 Capital Area Human Services District 4615 Government Street Bldg. 2 Baton Rouge, LA Phone: (225) 922-0050 Region 6 Alexandria/ Pineville Addictive Disorders Clinic 401 Rainbow Drive, Unit 35 Pineville, LA Phone: (318) 346-9203 Florida Parish Human Services Authority 19404 North 10th Street Covington, LA Phone: (985) 871-1383 Region 5 Lake Charles Center for Addictive Disorders 3501 5th Avenue, Suite A Lake Charles, LA Phone: (337) 475-3100 Metropolitan Human Services District 2025 Canal Street, Suite 300 New Orleans, LA Phone: (504) 568-7943 Phone: (504) 568-2725 Region 4 Lafayette Addictive Disorders Clinic 302 Dulles Drive, Suite 1 Lafayette, LA Phone: (337) 262-5870 Region 3 Terrebonne Addictive Disorders Clinic 521 Legion Avenue Houma, LA Phone: (985) 857-3612 Jefferson Parish Human Services Authority 3101 W. Napoleon Avenue, Suite 1000 Metairie, LA Phone: (504) 838-5257

23. A resource for both judicial and non-judicial problem gamblers Support for the entire family through volunteer mentors who assist the spouse, children during treatment of the problem gambler Job assistance Education assistance Counseling services and support Coordinates with GA, faith based programs and law enforcement Community Service Groups

24. IndustryPrograms: Risk Management • Responsible Gaming Programs: legislative rules and statutes with oversight by gaming control board working with regulatory agency • National Gambling Impact Study Commission, June 1999 report • Regulatory agency to require casinos to adopt a problem and pathological policy, train employees

25. Industry Responsible Gaming Programs • Excluded Persons, self or state • Underage Gambling • Unattended Minors • Procedures to observe and restrict excluded persons • Intoxicated Persons • Eliminate marketing or promotional materials to excluded persons • Training

26. Regulators • Best Practices rules and statutes for Responsible Gaming • Standardization of Responsible Gaming Programs as more licensees cross jurisdictional lines • Examine the Best Practices of International Gaming Venues