DRUG COURT PROGRAM and the COMPULSORY DRUG TREATMENT CORRECTIONAL CENTRE (CDTCC)

1. DRUG COURT PROGRAM and the COMPULSORY DRUG TREATMENT CORRECTIONAL CENTRE(CDTCC)

2. Both women and men can be referred → Residing in Sydney Sth/Western and Western Council regions when last living in the community → Referred - from District/Local Courts in limited Sydney Sth Western/Western Court locations - before sentence → Finding of ineligible if: propensity to violence in past; referred offence is a matter of violence; strictly indictable supply → Referenced in the Drug Court Act as “eligible persons” → Men only referred (working committee for a women’s facility - 2011) Residing in the Sydney metropolitan Council regions when last living in the community Referred - from all Sydney metropolitan District/Local Courts -after sentence Persons ineligible if charged at any time with Murder/Manslaughter/ Sexual Assault/Commercial Supply/Use of Firearm Referenced in the Drug Court Act as “eligible convicted persons” DifferencesDrug Court CDTCC

3. Screened by DPP, before being placed in the ballot, on eligibility - S.5 of the Drug Court Act (eligibility of offences) If successful in the random ballot, receives a future mention date at Drug Court 2 weeks after ballot being run Screened for appropriateness at the mention date (antecedents); further eligibility issues of residential requirement; mental health stability and drug dependency; and eligibility of offences again reviewed If found eligible and appropriate, 2 weeks detoxification (i/c at the MRRC), treatment plan finalised and then an initial sentence date is set to be released onto the program Numbers limited on program by how many taken from the ballot – up to 180 Minimum of 4 weeks from being accepted by the random ballot to commencing program (up to 3 months if a hearing) Screened by DPP once referred to the Drug Court on all legal criteria - S. 5A of the Drug Court Act Mental Health and Health assessment only after legal criteria meet; (have to be assessed as able to reduce off methadone/buprenorphine safely) Multi-Disciplinary Team Assessment – (takes into consideration background and any intelligence held by DCS which would see participant a risk to the CDTCC, escape history, violence, overdose, motivation to do the program) If a bed is available at the CDTCC, the order is made transferring their sentence to be served at the CDTCC Numbers limited by “beds” available in each Stage: 35 beds Stage 1; 35 beds Stage 2 and unlimited beds Stage 3. Minimum time to be moved to CDTCC from referral 6 weeks (up to 4 months if a hearing) Screening ProcessDrug Court CDTCC

4. Drug Court challenges • Plea of guilty or indication of a plea of guilty has to be made at referring Court but if they are successful in the ballet and accepted onto the Drug Court program, a plea of guilty has to be confirmed at Drug Court • Best to ensure that all negotiations and amendments to facts are completed before referral to the Drug Court where possible as DPP generally not amenable to change facts and limited preparedness to negotiate due to time restraints – short matters Court

5. Probation and Parole will do a home check and decide whether or not “home’ is a suitable place to do the program • Justice Health will decide whether participants do the program in the community or at a fulltime rehabilitation centre – no choice • If they want to come onto the program (or remain on the program) they can be forced to take medication as part of their treatment plan • The Court can impose clauses as part of their treatment plan which sees a non-association with individuals • No alcohol allowed on phase 1, at all times under .05 for other phases • The Court can increase the judicial supervision of a participant, coming to Court more regularly (current control group within BOCSAR study group) • Curfews and geographical prohibitions • It is a more onerous program than a Home Detention Order or S. 12 Bond • Will be under supervision for at least 16 months even if they Graduate (minimum 12 month program, smallest S.9 Graduation Bond 4 months)

6. CDTCC Challenges • Automatic parole periods no longer have any effect, S.18G of the Drug Court Act 1998 • No policies in place which sees breaches and anomalies with regards to a participant’s program very much at the administrative control of the CDTCC • Unable to take clients with learning difficulties • Housing suitability and approval for stage 3 and CDTCC parolees very stringent and more controlling than normal parolees • All CDTCC parolees are supervised by the CCG of P&P • Most participants do not get parole when NPP expires – some participants have completed full sentence at the CDTCC due to a number of issues - including no fault issues like housing • 2-3 urine tests a week with random testing as well • Parole conditions set by the Drug Court sitting as the State Parole Authority

7. Access to Community Health resources Access to rehabilitation centres Access to counselling/psychologists Ability to have an opportunity to do rehabilitation instead of gaol time Pharmacotherapy is paid for Expectation of study or work in Phase 3 of the program Quashing of Habitual Traffic Offender Declarations at Graduation or at Substantial Compliance of the program CDTCC is an exceptional facility to do a fulltime sentence (library; computers; cooking facilities; BBQs; counsellors; gardens; gym with free weights; educational courses at the centre (concreting; brick laying; landscaping) Great support so far as education and learning programs Have their own cell Early access to work and educational release in Stage 2 Minimum security facility Positives of both ProgramsDrug Court CDTCC

8. If client is likely to receive a short sentence (<6 months) If there is a history of domestic violence and client wouldn’t consider rehab or alternate accommodation DOCS issues can see problematic situations arise (regular drug testing whereas unlikely to be subjected to such scrutiny if in the community) If the client thinks the Drug Court is a quick easy escape to liberty If the client has outstanding matters of violence which will not be referred to the Drug Court and or other matters which he/she is bail refused on (also S.12 Bond breach where original offence is a matter of violence) If the client has an extensive history of violent matters (including matters which have been withdrawn/dismissed) If there are serious matters of violence to be referred to the Drug Court (Drive Manner Dangerous also included) If they have a sentence of 3 years or under, and would otherwise have automatic parole If they are on a high dose of methadone/buprenorphine (other medications can also see clients not suitable) Must be able to adhere to a no tolerance of violence policy at the Centre towards fellow participants, Corrective Officers and other staff members If they wish to live outside of the Sydney metro area in near future If they have learning difficulties and their education is such they would not be able to participate in a NSW schooling equivalent of approximately Yr 6 Primary If the client has a history of domestic violence (recent and still in that relationship) DCS intelligence of association or affiliation with criminal gang; or involved in matters of violence and/or drug trafficking during previous periods of imprisonment When should your client “reconsider” as an optionDrug Court CDTCC

9. Drug Court program and CDTCC Recent Developments • DRUG COURT PROGRAM - Recent Drug Court decisions of Bruce and Hilzinger, widen the scope of offences which Drug Court can deal with. Now offences where there is a violent event alluded to in facts but the charge itself does not have an element of violence can be dealt with at the Drug Court. (DPP are currently preparing an Appeal/Review to the Supreme Court for Prerogative Relief in both matters) - Bureau of Crime Statistics and Research (BOCSAR) currently looking at the effect of increased judicial supervision (random selection of two study groups) - Sharon Davis of ABC Radio National – currently recording a radio documentary about the Drug Court • CDTCC - Policies are soon to be created in relation to the CDTCC to cover issues such as Parole and offences on program (similar to the existing Drug Court program policies) - Evaluation report by BOCSAR due out in June/July 2010

10. Awaiting entry onto program: 22 Phase 1: 55 Phase 2: 54 Phase 3: 44 2009 ballot referrals 248 accepted 232 Graduates for 2009: 42 (57% at F.S. received no further time in custody) Graduates for 2010: 28 Awaiting entry into the Centre: 11 Stage 1: 32 Stage 2: 28 Stage 3: 14 2009 referrals 77 (approx. 50% accepted) 2010 referrals 30 (15 accepted) Current participants at:Drug Court CDTCC