Table of Contents Welcome Page 2 Overview Page 3 The Drug Court Team Page 4 Staffing Page 5 Drug Court Hearings Page 6 Confidentiality Page 6 Drug Court Paths Page 7-9 Community Service Work Page 9 Treatment Page 9 Life Skills Program Page 11 Drug Court Guidelines Page 12-13 Parental Responsibilities Page 14 Eligibility/ Suitability/Screening Page 14-15 Sanctions Page 16 Incentives Page 16 Drug /Alcohol Testing/ AnyTrax Page 17-18 Graduation Page 19 Termination from Drug Court Page 20-21 Termination Hearing Page 21 Drug Court Phone Numbers Page 22 Welcome Welcome to the South Central Juvenile Drug Court. This handbook is designed to answer your questions and provide overall information about the Drug Court Program. As a participant, you will be expected to follow the instructions given in drug court by the judge and comply with the treatment plan developed for you by your treatment provider and the drug court team. This handbook will describe what is expected of you as a drug court participant. It will review general program information. 2 23 IMPORTANT PHONE NUMBERS Jeremy Ward 701-222-6709 ext 117 JDC Probation Officer Sherrice Roness 701-222-6709 ext 153 JDC Coordinator Community Service Coordinator 701-222-6709 ext 153 West Central Human Service Center 701-328-8888 Crisis Line 701-328-8786 Elsie Motter 701-328-8842 Treatment Provider Heartview Foundation 701-222-0386 Lutheran Social Services 701-223-1510 Luke McKay Bismarck Police Youth Bureau 701-355-1893 Mandan Youth Services Division 701-667-3429 Mikayla Jablonski Jahner Legal Services of North Dakota 701-258-4270 AnyTrax 1-866-675-6372 22 OVERVIEW The South Central Juvenile Drug Court (JDC) is a separate court but it is part of the Juvenile Court System within the District Court. The JDC differs from regular Juvenile Court in that the juvenile is in court on a weekly basis with the JDC team. This group process facilitates meaningful court orders on a weekly basis. The program is aimed at intervening in the lives of substance abusing juveniles. The JDC aims to reduce the delinquent and unruly behavior that frequently co-occurs through intense judicial supervision and participation in treatment programs. Elements of the JDC program include frequent drug testing, intense judicial and probation supervision, individual, group and family counseling, drug abuse treatment, educational opportunities and the use of sanctions and incentives. Program participants will be required to complete a four path program culminating with graduation. The path program was designed to be completed in 9 to 12 months. JDC participants can expect to receive sanctions if they violate JDC program rules or fail to achieve Path requirements. Participants who maintain positive participation in the JDC program may receive appropriate incentives as well. These incentives will be determined by the JDC and will be dependent on available resources. JDC is a post petition/ post adjudication program with dismissal of the current petition if the participant successfully completes the program, the graduate must remain offense free for six months. In addition, the juvenile may be entitled to dismissal of his juvenile record if he remains offense and drug free for a two year period. Juvenile Drug Courts were started because alcohol and drug abuse are widespread among juveniles who are arrested. The first Juvenile Drug court started in 1995 in Visalia, California. The North Dakota Juvenile Drug Court program began operation in May, 2000. THE DRUG COURT TEAM The JDC judge will make all decisions regarding your participation in the JDC Program with input from the JDC team. In addition to the judge, the drug court team consists of the following members: . . Judge John Grinsteiner, Referee . . JDC Coordinator Sherrice Roness . . Community Service Representative Sherrice Roness . . JDC Probation Officer Jeremy Ward . . Defense Attorney Mikayla Jablonski Jahner . . State’s Attorney Jeff Ubben 4 choices regarding associates, peers, family, employment, and school. During the JDC team meeting, any JDC team member can make a recommendation for termination of a participant. The JDC judge makes the final determination for a participant to be terminated from the program upon the recommendation of the JDC team. Termination Hearing After considering termination and the team making a termination recommendation to the JDC judge, the judge shall inform the participant that he or she will be given a termination hearing. The hearing is scheduled the following week (before or after court) to give the participant and his or her parents the opportunity to consult with defense counsel, treatment, and any other counselors. The hearing is open only to the participant, parent(s), and team. The hearing will not be or record and will be conducted informally, allowing the participant and parents to speak openly. At the start of the hearing, the state’s attorney will outline the recommendation for termination and the participant, through his or her counsel, will in turn present an argument to remain in the program. The JDC judge will make the final determination. If the participant is taken back into the program they will return to active status with whatever sanctions are deemed appropriate. If the participant is ultimately terminated, the JDC judge will issue an Order to that effect and the participant will likely face revocation. TERMINATION FROM DRUG COURT If a participant had a new adjudication for possession of a controlled substance with the intent to sell or manufacture, or is adjudicated with a violent felony offense, he/she will immediately be terminated from the program and will be referred to juvenile court for further disposition. When considering termination of a participant from the JDC Program, the team should take into account, but not solely limited to the following factors: A. Subsequent Offense – The nature of the offense, the circumstances under which it was committed and its seriousness. B. Treatment Issues – The adherence of the participant to the treatment process, unabated continued use of illegal and/or harmful substance, duration of the participant’s involvement in treatment, the treatment provider’s prognosis regarding the likelihood of successful completion of the JDC Program and the presence of significant obstacles to successful completion of the program will be taken into consideration. C. Probation Issues – Participant’s obedience to probation terms and conditions, participant’s attitude regarding JDC directives, efforts to complete those directives and the duration of involvement in the JDC program. D. Other Issues – Presence of over- riding mental health issues, family inhibit recover and evidence of inability or unwillingness to make healthy 20 . . Treatment Providers Elsie Motter Brenda Fettig . . School Representative Steve Schultz . . Law Enforcement Representatives Luke McKay & Brett Anderson STAFFING Prior to your weekly drug court hearing, the JDC team will meet and discuss each participant’s progress. This discussion will include your drug testing results, tracking reports, attendance, grades and behavior at school, participation and cooperation in the treatment program, employment and/or other requirements that may have been imposed. The JDC team will discuss your progress and if you are meeting your weekly requirements, you may be rewarded with reduced program requirements or, at times, other incentives. If you are not meeting your weekly requirements, the JDC team will discuss appropriate sanctions or ways in which we can help you reach your goals in program. There may be times where your parents are required to attend staffing to be a part of that process. DRUG COURT HEARINGS As a drug court participant, you will be required to appear in drug court on a regular basis. The number of times you must appear depends on what Path you are currently in. Failure to appear may result in a pick-upand- hold order being issued and detention at the Youth Correctional Center until you can appear before the court. The South Central JDC holds hearings every Thursday at 4:00 pm. You are required to attend every Thursday unless you are excused by the JDC judge. CONFIDENTIALITY Before you are admitted into the JDC program you required to sign a Consent for the Release of Confidential Information that will allow the Drug Court team to communicate with one another regarding your progress in drug court. The confidentiality of alcohol and drug abuse patient records maintained by this program is protected by federal law and regulations. Generally, the program may not say to a person outside the program that a patient attends the program, or disclose any information identifying a patient as an or drug 6 immediately notify your Officer. A participant is only allowed to be out after curfew for a legitimate reason (i.e.. treatment, work, or out with their parent or guardian). GRADUATION JDC graduation is a celebration of a youth’s successful completion of all drug court requirements. Successful completion of all Paths of the program is required for graduation. All financial obligations, including restitution and community service fees, must be paid in full. The JDC celebration consists of a ceremony in court. All participants of the program are asked to be present for a graduation. The celebration provides a specific time for the team, the participant, and the participant’s family to acknowledge the work and success of the youth and to support the youth’s future endeavors. Dismissal of Current Offense: Six months after graduation from the JDC program, the judge has the option of dismissing the current offense if the participant remains offense and drug free. Dismissal of Juvenile Record: In addition to the dismissal of the current offense, the juvenile may be entitled to dismissal of his juvenile court record if he/she remains offense and drug free for a two-year period. Application to the court for dismissal of the juvenile court record is the responsibility of the JDC participant. to monitor progress. The inability or refusal of a client to provide a sample will be reported as a positive test and subject to sanctions by the judge. Trackers will not provide information to the participants and their families as to possible recommendations for the JDC participant. Alcohol Testing JDC utilizes different types of testing for alcohol. Participants may be ordered to have a MEMMS machine which is located in the participants home or a participant may be tested by an oral alcohol test. The probation officer will provide further information if you are assigned the MEMMS machine. The inability or refusal of a client to provide a sample will be reported as a positive test and subject to sanctions by the Judge. AnyTrax Juvenile Drug Court utilizes the AnyTrax program to provide consistent and regular monitoring of your compliance with requirements set forth in Juvenile Drug Court. During periods determined by Juvenile Drug Court, the AnyTrax Voice Monitoring system will call you at home on a random schedule. Upon receiving an AnyTrax Check-in Notification Call, you must call back from your home phone within three minutes and respond to the system to verify your voiceprint or provide any required explanations. If you fail to check in, check- in late, check in from the wrong location, or do not check in properly, AnyTrax will 18 abuser UNLESS: 1. The patient consents in writing; or 2. The disclosure is allowed by a court order; or 3. The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation. JUVENILE DRUG COURT PATHS Juvenile Drug Court consists of four paths and lasts a minimum of nine to twelve months. A participant must successfully complete each path before transitioning to the next path. Each path has its own minimal time period the participant must complete before moving onto the next path. When requesting a promotion the participant must complete a written application. As JDC participants progress through the paths, the requirements are less restrictive. Once a participant has successfully completed all four paths, he/she will graduate. PATH I In Path I, participants will be expected to complete but will not be limited to the following requirements: . Active participation in appropriate treatment program . . Weekly hearing . . Minimum of two drug/alcohol screens per week (may be random or . . 1-2 weekly probation contacts . . Intensive tracking . . Complete 10 community service hours . . Enrolled in school or working. . . Minimum of 30 days, at that time, progress is evaluated, and determination is made if participant is ready to apply for Path II. PATH II . . Active participation in appropriate treatment program . . Weekly hearing (may be reduced by Judge) . . Random Drug and/or Alcohol screens . . Probation contacts as ordered . . Regular tracking . . Complete five community service hours . . Enrolled in school or working. . . Minimum of 10 weeks, at that time, progress is re-evaluated and determination is made if participant is ready to apply for Path III. PATH III . . Active participation in appropriate treatment program . . Hearings as ordered. . . Random Drug and/or Alcohol Screens . . Probation contacts as ordered . . Regular Tracking . . Complete five community service hours . . Enrolled in school or working. . . Minimum of 10 weeks, at that time, progress is re-evaluated and determination made if participant is ready to apply for Path IV. 8 . . Dismissal of current offense Incentives may be provided to you throughout the program (i.e. positive school report, perfect court reports, successful completion of phase, and/or graduation). ***The court reserves the right to distribute incentives as deemed appropriate. DRUG TESTING Drug testing is mandatory throughout the drug court program in order to monitor participant’s compliance. The Paths of the JDC determine the frequency of drug & alcohol testing. A tracker will be assigned to each participant in juvenile drug court. The tracker will primarily administer drug and alcohol tests; however, the participant’s probation officer may also administer a drug/alcohol test at any time. Once a tracker has been assigned to a participant they will meet with the participant, their family and the probation officer for an intake in order to review the rules and the roles. This initial meeting will be scheduled by the probation officer. Trackers will conduct drug tests on a random basis. All tests will be observed by the tracker. The positive sample will be sent to the lab for further analysis. The role of the tracker or probation officer that is obtaining the test is to observe the participant providing the sample. You are required to submit to drug testing on a regular basis SANCTIONS If you fail to attend treatment, school, and meetings; test positive for alcohol or drugs; or fail to comply with other conditions of the program, a sanction will be imposed by the Drug Court team. Non- compliance in the program may include; but will not be limited to the following sanctions. . . Admonishment by JDC judge . . Community service hours . . Demotion from path . . Written Assignments . . Reduction of curfew/homebound/ electronic monitoring . . Increased drug testing . . Loss of privileges, such as driver’s license and free time . . Detention as authorized by statute . . Suspension from the program. . . Termination from the program INCENTIVES Incentives for participation and compliance with the program may include, . . Recognition at review hearing . . Decreased drug testing . . Waiver of community service hours . . Gift certificates, gas coupons, tickets to local events . . Increased curfew 16 PATH IV . . This Path provides more freedom and independence and less structure for the participant. It will be based completely on an individual basis. . . Court Hearings as ordered . . Probation contacts as ordered . . Random Drug Screens as ordered . . Enrolled in school or working . . Tracking as ordered . . Minimum of 10 weeks, at that time, progress is re-evaluated and determination is made if participant is ready to apply for graduation. COMMUNITY SERVICE WORK Each participant will be assigned meaningful court approved community service. Community service is assigned by the Community Service Representative. Community service will be group projects and individual assignments. TREATMENT Treatment is an essential component to the drug court program and every participant is required to actively participate in a substance abuse treatment program while they are in drug court. The treatment facility will keep the JDC team informed of the participant’s progress or lack thereof, which will include attendance, level of cooperation, results of urinalysis and any concerns regarding parenting. The primary treatment facilities that are utilized by the South Central JDC are: The Heartview Foundation offers the following services: . . Evaluation – they provide evaluation services by Licensed Addiction Counselors to adolescents. A family member needs to be involved in the evaluation to provide information. . . Intensive Outpatient (IOP) – Treatment includes group therapy, lectures, family sessions, acupuncture and individual work with a chaplain. . . Aftercare – Following the completion of primary treatment participants will transition into aftercare which will be individualized to meet the needs of the patient. The West Central Human Service Center offers the following services: . . Evaluation – they provide evaluation services by Licensed Addiction Counselors to adolescents. .. Low Intensity Outpatient (LIOP) or aftercare – participants attend group for 1.5 hours per week for approximately 16 weeks. . . Individuals – participants will be treated on a case by case basis. . . Intensive Outpatient 2 10 restricted by federal funding. 6. Admission to the offense and/or court order to the program. 7. An assessment must be completed indicating a drug and/or alcohol abuse problem. 8. The JDC team has some flexibility as to who is accepted to enter the program, depending on the juvenile’s age, drug and/or alcohol history, and nature of their prior convictions, to enter the program. SUITABILTIY 1. Motivated. 2. Ability to benefit from the services. 3. Appropriate services to exist within the drug court treatment providers to effectively address the juvenile’s needs. 4. Parent and/or caregiver motivation and active participation. SCREENING/REFERRAL Participants are identified and referred by probation officers, prosecutors, or public defenders, social workers, and treatment providers. Juveniles are referred to the probation officer and an initial interview will be scheduled. If eligibility criteria is met, the case will be presented at the JDC staffing meeting for acceptance or denial into drug court. Failure to comply with proper procedure or a positive screen may result in sanctions by the Judge. Searches: The participant will submit their person, residence or property to search at any time. PARENTAL/FAMILY INVOLVEMENT Parents are expected to attend JDC progress review hearings and treatment with their child. Progress review hearings are held at the Burleigh County Courthouse on Thursdays at 4:00 pm. The juvenile’s family is expected to provide a supportive environment and adequate supervision to help ensure the youth’s active participation during their involvement in the JDC program. Parents are expected to notify the probation officer if their child is not following drug court rules, their court order, and/or the rules at home. ELIGIBILITY 1. Referring offense may be either drug or non- drug related. There are no restrictions on the number of prior offenses or convictions. 2. Juvenile must be between the 3. No prior violent felony level adjudications or pending petitions alleging violent felony level delinquent acts. 4. No prior termination 5. No prior adjudication or pending charges of selling and/or manufacturing controlled substances as 14 levels of IOP. .. Decisions group – participants attend treatment 2 nights per week for 4 hours each night for approximately 20 weeks. . . Changes group – participants attend treatment 4 nights per week ( 12 hours) for approximately 12 weeks. LIFE SKILLS PROGRAM During a portion of your drug court involvement, you will be mandated to attend Life Skill sessions every other Thursday with Carrie Grosz at Carrie’s Kids. These sessions will provide you with interviewing skills, writing job applications, social skills, knowledge on insurance, rent, buying and maintaining a car and involvement in meaningful community service work. There will be speakers, hands-on activities, and possible work-shadowing involved. Community service hours will be credited to you for sessions attend. JUVENILE DRUG COURT GUIDELINES The following program guidelines have been developed and approved by the JDC team. All participants and parents should read through these guidelines carefully. To avoid unnecessary sanctions and misunderstandings, please ask if you have questions. Courtroom Behavior: . . The drug court team expects all drug court participants and family members to show respect and courtesy to all courtroom staff, families in attendance, and other observers. . . While court is in session participants are asked to remain quiet unless they are presenting to the judge or they are asked to speak. . . No food or beverages are allowed in the courtroom. . . Please turn off all cell phones and other electronic devices while court is in session. Appropriate Dress: Participants and family members are expected to dress appropriately for all JDC activities. Clothing displaying drug or gang symbols, colors, or inappropriate language is prohibited. There shall be no wearing of hats, see through or bare mid- drift shirts in court. Language and Behavior: During all JDC activities participants members are expected to refrain from the use of profanity and the alcohol or drug use. No racist, sexist, homophobic, sexual, violent or other 12 offensive comments will be tolerated. Abusive behavior (in the form of insulting language, physical gestures, aggression, or otherwise offensive behavior) will be sanctioned and may be grounds for termination from the JDC Program. Weapons: No weapons are allowed at ANY JDC activity. If a weapon is found on a participant he or she will be sanctioned and may be terminated from the JDC program. Smoking: Smoking is prohibited at all JDC functions regardless of the participant’s age. Punctuality and Advance Notification of Absences: Drug court participants and family members are expected to be on time for all JDC activities. If a participant is unable to attend a drug court activity, he or she must provide advance notice to their probation officer. **All attendance, notification and/ or lateness issues will be reported to the court and are subject to sanction.** Parents: Parents are not to use illegal substances or use alcohol in excess. Prescriptions: Any medication prescribed by a physician or taken over- the-counter needs to be reported to your probation officer the medication. All medications will not automatically be accepted.