Drug Courts: How to Roll the Roles… Team tasks, trials and triumphs

1. Drug Courts: How to Roll the Roles…Team tasks, trials and triumphs The Honorable Jamey H. Hueston New Orleans October 8, 2014

2. “Coming together is a beginning, staying together is progress, and working together is success” Henry Ford

3. In the Beginning Sticking Point #1 Prosecution Pickles

4. Desperate Dave 20 year daily heroin habit Charged with selling drugs & possession Rejected from DTC : HIV medical issues mental health issues weapons history 2 knives in his motel room Dave needs DTC, wants DTC & appeals

5. The Court Ruling? _____ All of the reasons _____ Some of the reasons _____ None of the reasons

6. The Court Ruling D must show DA's decision: did not consider all relevant factors considered irrelevant or inappropriate factors clear error in judgment “patent and gross abuse of discretion” “prosecutorial error would clearly subvert DTC goals” No equal protection—meds No DP viol NJ v. Kendal Jones, WL 1373657 (Sup. Ct. of NJ, 5/19/2009) http://law.justia.com/cases/new-jersey/appellate-division-unpublished/2009/a6439-06-opn.html Evans v. State, 667 S.E. 2d 183(2008)

7. Is Public Safety At Risk? Prior violence generally suggests psychopathy or other underlying problems which indicates unlikely amenability to AOD treatment and success in the Drug Court. Yes______ No______

8. And the answer is……. DTC that accepted participants with prior violence had no differences in graduation rates

9. DTC Participants With Non-Drug Charges Nearly Twice the Savings

10. Who’s Getting In?

11. Prosecution Roles Review all candidates for eligibility Promptly disclose discovery Know ethics, confidentiality & constitutional laws Understand drug abuse & addiction Understand principles of behavior modification Actively participate in staffings Investigate new case for appropriateness of conti participation Adopt a less punitive approach

12. Sticking Point #2 Defense Dilemmas

13. Leave me alone. I’ll get tx when I’m out Wants release from jail ASAP. I don’t need any help. High on meth & cocaine. Badly needs detox I can beat this charge

14. K C #3 Prompt Engagement Offenders who entered DTC within 20 days of arrest 2xs the savings “Eligible participants are identified early and promptly placed in the drug court program.”

15. Defense Roles • Know ethics, confidentiality & constitutional laws • Understand principles of behavior modification • Understand drug abuse & addiction • Understand drug abuse & addiction • Understand principles of behavior modification • Actively participate in staffings

16. Whose Team Am I On Anyway? Staffings Control info flow: facts in, gossip out Advocate – reports, details, advice, direction Recommend appropriate sanctions & incentives Actively participate in staffings: monitor progress make recommendations re treatment outcomes Whose Team Am I On Anyway? Musings of a Public Defender about Drug Treatment Court Practice, 26 N.Y.U. Rev. L. & Soc. Change 37, 2000 / 2001

17. Sticking Point #3 Coordinator Quandary

18. Coordinator Program Management • plan & review program materials • Prepare & manage docket & court reports • schedule court hearings • manage team & resolve issues (daily operation) • chair committees • provide case management services (time/skills permitting) • maintain P files

19. Coordinator Fiscal Responsibilities grant writing & management fund raising, organizing budget (funding strategies, reports) Program Tracking data input compile program data facilitate evaluations contract management Program Development event & program planning community relations education, public speaking resource development

20. Case Managers Initial Tasks • assess P’s needs, wants, strengths, weaknesses • define goals • develop strategies for each goal • id who is responsible for each action • set timeframes Linkages • assess existing services & ID gaps • develop strategies to facilitate collaboration b/w court & community • Criteria: affordable will work with court (consents & reporting) consistent / reliable

21. Case Managers Referrals • monitor services compliance/collaboration/ quality • facilitate access to services • assess P’s use & progress • promptly document Skills • utilize strength-based approaches • relapse prevention • motivational interviewing • engage family / support network

22. Probation Officer Community Supervisor • compliance w sentencing order • employment verification • site visits to employer • home visits • assist with referral & tracking of community service hours • ensure public safety through supervision & community monitoring

23. Drug Testing Key Component #5 “Abstinence is monitored by frequent alcohol and other drug testing.” Frequent Monitored Random

24. Law Enforcement • Conduct home visits or environmental checks • Conduct periodic surprise “sweeps” at P’s home • Participate at weekly team meetings & DTC sessions • Attend DTC conferences and training seminars • Be eyes and ears on the street • Liaison between DTC & department • Disseminate information to other officers

25. Treatment Services Key Component #4 Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services.

26. Treatment Provider • Deliver appropriate level of care available vs needed • Cross Training • Planning: Discharge, Relapse, Continuum of Care • Provide reports quantity vs quality • Attend staffings & court hearings

27. Not all team members have equal importance in every component the of the DTC program; therefore it is not important if treatment attends staffings. Yes ______ No ______

28. Team Treatment Cost Savings regarding team member attendance at court sessions, staffings &/or involvement: Defender 8xs Greater Savings Treatment 9xs Greater Savings Prosecutor 2xs Greater Savings Law Enforcement Greater Savings Carey, Shannon, et al., “What Works? The 10 Key Components of Drug Courts: Research Based Practices,” Portland OR NPC Research, in press

29. Boundaries Sets limitations & expectations Consistent & clear

30. Place and Space Location of “office meetings” avoid time abuse, over attentiveness Other encounters Weddings Funerals Birthdays Family, social events

31. Money • Interfering with payment processes • Mis-reporting time/services • Lending & Purchasing • Counseling outside of professional role • Business relationships

32. Clothing • revealing or seductive clothing • dress down Fridays • dress code policy teach what, when, where

33. Contact, Confidences, Calling Cards Physical Contact • Hug – discourage • Hand shake – teach a professional handshake • Pat on back – easily misinterpreted • Eye contact – build trust, show interest vs excessive, flirtatious, inappropriate, obvious!!!!! Self Disclosure Names IT IS YOUR NAME, HOW DO YOU WANT IS USED? Don’t

34. Judicial Monitoring KC #7 “Ongoing judicial interaction with each drug court participant is essential.” Close Supervision & Encouragement by Judges is the largest factor leading to success in Drug Court Baltimore City DTC Participant survey

35. Judge • Monitoring presides over status hearings monitors progress maintains integrity of the court • Due Process timely access to counsel understands waivers, rights, understands DTC conditions full disclosure at all stages But if that were all!!!!!

36. Procedural Fairness Duty to act fairly Focus on the process and fairness vs actual outcome Voice Respect & dignity Neutrality Trustworthy Clear explanations Understanding Why People Obey the Law, Tom Tyler

37. Behavioral Responses Key Component #6 “Drug courts establish a coordinated strategy, including a continuum of responses, to continuing drug use and other noncompliant behavior . . .

38. Sticking Point #4 Judicial Juggling

39. Judicial Leadership Keep mission forward Ensure team knowledge : therapeutic principles & application Follow evidence based practices & Nat Standards - reinforce training: best practices updates, S&I therapeutic theories PF, meditation, MAT - know relevant issues: addiction, MH, trauma, co- occuring, drug testing, behavior modification Protect Due Process Create open, collaborative team atmosphere Understand & monitor treatment services & ensure collaboration

40. Judicial Leadership • Educate public, government, community, media for support & resources - create oversight/ advisory co. - inform frequently changing CJ practitioners • Ensure no systemic barriers to program entry • Ensure operations are consistent / transparent • Monitor program - revise forms & materials, conduct evaluations Judicial Leadership Initiative: Over-riding Principles, American University, 2014 American University, BJA DRUG Court Technical Assistance Project Judicial Leadership Initiative: Over-riding Principles

41. Ms. Purple

42. Other Team Members Clerk/Court Administrator Local/State Law Enforcement Mental Health Professionals/MHA Social Workers Bar Association State Problem-Solving Courts Office/Association Family Recovery Court Board of Education Department of Social Services CASA – Court Appointed Special Advocate

43. Thank You Judge Jamey H. Hueston Jamey.hueston@courts.state.md.us (410) 878-8556

44. Community Supervision / Case Management Housing Job skills and training Education Employment readiness/placement Medical, dental, nutrition needs Child care Mediation HIV / AIDS Transportation assistance Life Skills Mental Health Meditation Organizational aids Life skills training

45. Responding to Issues Sanctions Addictive Behavior – The behavior indicative of the addict. Drug and Crime seeking behavior, non compliance, failure to complete activities and engage services, drug use, antisocial. Non Compliance – Learning a skill and refusing to apply the knowledge and services to change behavior or improve circumstances • Prior to selecting the sanction for incomplete activities, determine what behavior is being addressed, what issue is underlining, what service or strategy will get to the core of the issue, barrier or behavior. Focus and address the CAUSE in order to alter the symptoms. • Determine if the participant has learned and implemented the skill set for which they have violated. If they have not, its a lot like taking and flunking calculus when your learning to add and subtract. • Do you know your Provider curriculums? If not how do you know what they are learning in order to determine if the behavior is sanctionable (aside from public safety issues)? ~TREATMENT IS NOT A SANCTION ~

46. Responding to Accomplishments Incentives & Acknowledgement • Incentives do not “have” to cost anything, minimize the emphasis on spending, gift giving etc; • general expectation is compliance and service, improve approaches to acknowledge progress that are realistic and consistent with the community situations. • Incentives do not have to be given out of every single behavior ~ • Incentives should acknowledge milestones, progress, achievement (small or large in various ranges) • Incentives should be consistent and its intent discussed in court • Having a “list” does not make it consistent! • Incentives should not always be from a list (tit for tat) • Incentives should have two purposes ~ general impact/reward • Progress and Compliance come in different forms and for different reasons: • Explain in court why there are differences as an example to the participants. • When the team uses a list – it doesn’t allow for life events and circumstances What are you responding to?

47. Team work divides the tasks and multiplies the success Turn me into We

49. “It's as simple as this. When people don't unload their opinions and feel like they've been listened to, they won't really get on board.” ― Patrick Lencioni, The Five Dysfunctions of a Team: A Leadership Fable Tell me what you expect from me. Winning team members need to know five things: 1. Tell me what you expect from me. 2. Give me an opportunity to perform.3. Let me know how I'm getting along.4. Give me guidance where I need it.5. Reward me according to my contribution.” ― Paul "Bear" Bryant