West Virginia’s Drug Courts:

1. West Virginia’s Drug Courts: An Overview Division of Probation Services, 2012

2. Drug Courts Defined • Best understood as a diversion into a judicially managed treatment program with intensive supervision of participants by Probation, Treatment and Law Enforcement professionals. • Both Juvenile and Adult Programs are available in various West Virginia Courts. • Both the Juvenile and Adult Programs are administrated by the West Virginia Division of Probation Services.

3. Statutory Framework • Adult Drug Court Statute: • West Virginia Drug Offender Accountability & Treatment Act, W. Va. Code §62-15-1, et seq. • Juvenile Drug Court Statute: • W. Va.Code, §49-5-2b

6. Key Features of Adult Drug Courts • Adult Drug Courts are intended to address addiction, and thus seek as participants offenders who are both high risk (of future offenses) and high need (severity of substance problem). • Governed by the 10 Key Components. • Key Team members are the ADC Judge, the Prosecutor, the ADC Probation Officer and Treatment professionals. • As of June 30, 2012, there are 340 active ADC Participants among 15 operating circuit court programs. • 4 additional ADC programs are in the planning stage and will begin operations within the current fiscal year.

7. Key Features of Juvenile Drug Courts • Juvenile Drug Courts, in addition to the obvious difference of being directed at a younger target offender, also are an attempt at early intervention and therefore are directed at participants with a substance abuse problem, rather than an addiction. • JDC’s are governed by the 16 Strategies. • Key team members are the JDC Judge, the JDC Probation Officer and Treatment professionals. The Prosecutor remains a member of the team, but does not have as authoritative a role in JDC. • As of June 30, 2012, there are103 active JDC clients among 11 operating programs. • As of July, 2012, there are12 operating programs, with 3 in the planning stage that will open in the next 60-90 days.

8. Adult Drug Court Outcomes • Lower costs:Compared to traditional criminal justice system, Adult Drug Court processing, treatment and other investment costs averaged $1,392.00 lower per drug court participant nationally. Also on a national basis, reduced recidivism and other long-term program outcomes resulted in public savings of $6,744 on average per participant (or $12,218 if victimization costs are included). • Lower recidivism: Data are still being collected, but one 2002 study in Florida found that within a two-year follow-up period, the felony re-arrest rate decreased from 40 percent before the drug court to 12 percent after the drug court started in one county, and the felony re-arrest rate decreased from 50 percent to 35 percent in another county. (The West Virginia ADC program has not yet provided sufficient data to evaluate). • The best available data show that drug courts do a better job for less money.

9. Juvenile Drug Court Outcomes • “Lower rates of substance use and delinquency for the JDC participants as compared to the family court” and “JDC participants not only recidivated at a substantially lower rate, but they also served significantly less time in secure juvenile detention and residential facilities” Painting the Current Picture: A National Report Card on Drug Courts, NDCI – July 2011 • 93.1% of West Virginia JDC graduates did NOT reoffend in the juvenile system • JDC community-based intensive supervision and outpatient treatment is approximately an 8-month program and costs an average of $6,403 per graduating youth • The alternative treatment for juveniles with substance abuse issues is a 6-month minimum in-patient treatment program which can cost between $44,100 to $99,000 per youth.

10. Evidence-Based Practices: Substance Abuse & Addiction Treatment In the context of providing treatment to participants for their substance abuse & addiction issues, the West Virginia Drug Courts use a treatment model that strives to incorporate evidence –based treatments such as • Moral Reconation Therapy, • MATRIX Model, and • Multi-Systemic Therapy

11. Challenges to Drug Courts • Treatment Providers & Resources • Drug Testing (Especially Synthetics) • Regulatory Compliance (Especially Confidentiality) • Funding • Logistic barriers to providing access to rural populations • Maintaining program integrity & training • Education of community, especially criminal justice and treatment professionals • Aftercare services

12. 42 CFR Part 2 • The most significant legal authority governing confidentiality in drug courts is set forth in the Federal Regulations at 42 CFR Part 2 • These regulations were adopted to protect the confidentiality of Alcohol and Substance Abuse Treatment records • Covered information acquired by affected programs is confidential, subject to exceptions set forth in the statute and accompanying regulations • Treatment information is defined as all records and information relating to “the identity, diagnosis, prognosis, or treatment of any patient” in a substance abuse program

13. Permissible Disclosures Under 42 CFR Part 2 • While information defined as confidential by these regulations may be communicated as needed within the Drug Courts, disclosure outside the Drug Courts may only occur in the following situations: • With the voluntary and informed written consent of the participant • In response to a valid Court Order • To medical personnel to the extent necessary to meet a bona fide medical emergency • Also, information that does not disclose a participant’s identity may be shared with qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation • Additionally, disclosures may be made without consent in the course of a medical emergency, in order to report crimes on the premises or crimes against the Drug Court staff. • Disclosures must be made when necessary to comply with state child or elder abuse laws, state laws relating to cause of death, and when necessary to meet a duty to protect others (i.e., to warn of imminent, serious harm).

14. Identifying confidential information & Documents • Confidential information is information that sets forth: • The identity of a patient in a substance abuse program • The diagnosis of a patient in a substance abuse program • The prognosis of a patient in a substance abuse program • The treatment of a patient in a substance abuse program • Examples would include any information or records: • Identifying someone as a Drug Court participant • Setting forth drug testing results • Providing notes or records from therapy • Noting sanctionable activities

15. Contact Information • Mike Lacy Director Division of Probation Services Phone: 304-558-0145 E-Mail: Mike.Lacy@courtswv.gov • Lora Maynard Deputy Director for Drug Courts Division of Probation Services Phone: 304-558-0145 E-Mail: Lora.Maynard@courtswv.gov • Rob McKinney Counsel Division of Probation Services Phone: 304-558-6844 E-Mail: Robert.McKinney@courtswv.gov