a new paradigm for substance abusing defendants judge k. michael mayes
TRANSCRIPT
RECOVERY COURTS:
A NEW PARADIGM FOR SUBSTANCE ABUSING
DEFENDANTS
JUDGE K. MICHAEL MAYES
ADDRESSING ADDICTIONS IN COURT: Rethinking Recovery and Relapse
(2009)
RECOVERY COURTS AND CHARACTER CHANGES (How Jail Plays a Role in
Recovery) (2008)
IS THERE A COURT THAT CAN MAKE A DIFFERENCE? (2004)
KMM Articles:
How many have had a client in ◦ SAP ◦ SAFPF Reentry Court◦ POWER Juvenile Recovery Court? (a funded
Program)
How many have attended a Recovery Court Graduation?
Questions:
How many have wondered if and why
these Court Programs work?
Sap Recovery — 121 grads, 3 reoffend (2.5%)
SAFPF REENTRY— 116 grads, 4 reoffend (3.5%)
Power Juvenile -- 28 grads
SAFPF REENTRY COURT GRADUATE
RECOVERY COURT PROGRAMS PROMOTE THE PHILOSOPHY THAT:
1. “Recovery” is the goal for abuser, not simply being “drug free.”
2. “Recovery” means more than simply being drug free.
3. “Relapse” means more than simply using drugs.
Imagine an incline that is a reverse mirror continuum…
As recovery increases, relapse decreases
As relapse increases, recovery decreases
Addiction ebbs and flows along the continuum
“Recovery” vs. “Relapse”
If guilty of offense, lock them up and toss the key.
Even medical community simply dried them up and put them back on the streets.
“No treatment” at all
Oldest Judicial Philosophy---
Arrest
Jail
Probation, some treatment
If succeed, probation terminated successfully
If violate, revoke and TDC
Older Judicial Philosophy
Govt. Funded Drug Courts…◦ Drug Court has independent staff, counselor, P.O.◦ Used at the “front end” through pre plea agreements
For those with good records, 1st offenders, non violent offenders, non DWI cases.
If Defendant succeeds, no conviction and no record (“carrot” to encourage treatment)
Success rates from 10%-35% (% of Defendants that reoffend)
Most Recent Philosophy (1990’s)
For those that do not qualify for/succeed in Drug Courts
Defendants with: a. Prior records b. DWI
c. Other “non Drug Court” offenses d. Defendants with the worst addiction issues
New Paradigm—“Recovery Court” Programs
Not funded by taxpayer money
Judge uses current P.O.’s and court staff
Defendant pays for counseling ◦ Defendant “buys into” his treatment and recovery
Probation Program/Protocol• 4-5 phases– one year long • Intensive UA’s, supervision, counseling, etc.• Gradual increases in freedom • Gradual decreases in supervision
BENEFITS of Recovery Court Programs
Instantaneous communication with Judge and staff (email, texting, IM, etc.)
Immediate consequences for negative conduct
Significant rewards for positive accomplishments:◦ Waive fines, costs, fees and CSR◦ Occupational License ◦ Early termination of probation
BENEFITS of Recovery Court Programs
Strong Group and Peer support Group counseling 12 step meetings “Peer generated” jobs, transportation, living
arrangements, friendship, accountability
Cognitive Based Treatment Life Skills training Referrals to Public assistance programs
BENEFITS of Recovery Court Programs
Imagine: Treatment provided in jail…
Current studies show that “forced” treatment is as effective as “voluntary” treatment
Substance abuse classes and Professional Counselor in jail
Harris County now following our lead; just started jail drug classes
BENEFITS of Recovery Court Programs
“Life out of control due to substance abuse”• loss of job, loss of spouse, wreck, arrest, etc.
or
“Bio-psycho-social dependence on any mood altering substance”
What is Addiction?
What is Addiction? Modern SPECT Scans and MRI’s prove that
an abuser’s brain is different!• Abnormalities in areas of the brain that control
behavior and judgment (frontal/temporal lobes)• Can be congenital or caused by the abuse itself
Addiction is not a negative judgmental term; it is a term that says “there is a need for treatment in the addict’s thinking.”
Philosophy: Addiction is a “Thinking Disease”
Since the addict has a different brain and different bio-psycho-social makeup than the non-addict,
And since they think “addictively,”
We must treat the “thinking disease,” not simply “consequence the criminal act.”
The abuse does not happen out of thin air!
Addiction feeds repeated cycles of triggers that cause a “relapse in thinking”
The “relapse in thinking”, if left unchecked, ultimately leads to the abuse of substances
“Addictive Thinking” leads to relapse in abuse of substances
What Triggers the Relapse in Addictive Thinking?
Addictive thinking can be triggered by stress, worry, argument with boss, fight with spouse, loss of job, etc……
These are things that the non addict handles daily, without substances
In Court, I think of Addiction in Terms of “Relapse” and “Recovery”
• “Relapse” is the deterioration in the addict’s thinking (“Addictive Thinking”)
• “Recovery” is the maintenance treatment that protects against the Addictive Thinking…
Addiction is like HBP, diabetes or kidney failure ◦ They require maintenance treatment or they kill
BUT…The worst symptom of addiction disease is the “DENIAL that I have the disease or that I need treatment.”
This happens because the disease is in the person’s thinking!
Let me Introduce Some New Concepts…
Let Me Introduce Some New Concepts
The Good News: Addiction can be treated through a Recovery Program
The Good News: If a Defendant succeeds at Recovery:◦ Changes in thinking = changes in character
◦ Changes in character = changes in actions
◦ Changes in actions = helps avoid future criminal activity
Addict faces a “life changing event,” and
Addict gets clean of chemicals, and
Recovery program/treatment begins while clean, and
Addict commits during abstinence to a Recovery Program that will change their thinking and character
Recovery is successful only if:
The Addict must face a “Life Changing Event”
The Abuser hits a “bottom” that convinces them:◦ the pain from using exceeds the gain from using,◦ they are “powerless over their disease,” and ◦ they need help
Many Defendants have not found their bottom…(that is why they continue to abuse substances)
Jail or forced treatment can create a life changing event Good News: Courts can help the addict hit their bottom
and start a Recovery
Simply going to jail is not enough
“Treatment” in jail…..Professional Drug Classes
a. 410th Court started years ago-----
b. 20-35 participants in weekly classses
c. Wonderful tool to jump start a long lasting Recovery
Jail House Therapy
Recovery Courts Continue the Maintenance Treatment
“Cognitive Behavioral” treatment directed to the “addictive thinking”
“Dig deep” motivators:◦ Inspirational videos◦ Educational readings and required writings
SAP Counseling SAFPF Group meetings and counseling POWER Court counseling with Susan
Have you heard: “But I have been clean now for a month…”
Sort of like: “I can stop whenever I want.”
Being clean for a limited time DOES NOT DO IT…
BECAUSE THERE IS NO LASTING CHANGE IN THINKING OR IN CHARACTER
Recovery is not a 1 time, 1 day event
Recovery is a “1 day at a time” program that must be maintained for life to be successful and effective
Like standing on a down escalator…either keep moving or you are going downward!
Critical: To succeed, an addict must maintain “continued growth” after Recovery Begins
Successful Graduates of Recovery Court Programs
“I am Powerless over my Addiction, but I have Power Over My Recovery.”
Graduation Certificate says “Recovery Court” ◦ not “Drug” Court
◦ not “Recovered” Court
Individual Counseling Intensive Out Patient In Patient, Short Term or Long Term Residential Treatment Centers Intermediate Sanction Facilities SAFPF Relapse Half Way Houses Aftercare Original Drug Court New DWI Court
Related Options When Needed
Critical for all defendants, but especially Juvenile Power Court
Includes parents, siblings, relatives, etc.
Parent Orders used for family treatment
Court can Order “no family involvement,” where family member is impeding the Defendant’s recovery
Family Involvement And Education is Important
Texas Lawyers Creed—requires mutual cooperation for the disposition of cases and the resolution of disputes
Attorneys (both sides) must view their jobs, their clients and substance abuse cases differently
Addiction is not an offense in the Penal Code
THE ETHICS OF RECOVERY
State attorney’s oath is “to do justice,” not simply “to convict”
Defense attorney should act in the best interest of client • Proactive Treatment options• Insurance?• Proposed Recovery Plan
Consequences (for the crime) and treatment (for the disease) can co-exist in the proper cases
THE ETHICS OF RECOVERY
“Good Things Happen to People that Do Good Things”—
Judge Mayes