superior court of california · 2012-07-23 · (see appendix g: organizational chart) the cjc team...

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COMMUNITY JUSTICE CENTER Superior Court of California,

County of San Francisco POLICIES AND PROCEDURES MANUAL

July, 2012

INTRODUCTION The San Francisco Community Justice Center (CJC) is a collaborative court that demonstrates a true partnership among community stakeholders and city partners. A two year planning effort explored the innovative practice of a community based criminal court that would offer social services to defendants in an effort to curb their criminal behavior and improve their lives. Working in partnership with the Center for Court Innovation during the early planning stages, the CJC was launched in March 2009 to offer a community-focused intervention that had been missing from the existing criminal justice system. The CJC is a collaborative court of the Superior Court of San Francisco, County of San Francisco, created in partnership with the District Attorney’s Office, Public Defender’s Office, Department of Public Health, Human Services Agency, Adult Probation Department, the San Francisco Bar Association and its defense counsel, and various other city agencies and community groups. The CJC has expanded the problem-solving justice model to target high-need, high-risk offenders in the Tenderloin, South of Market, Union Square, and Civic Center neighborhoods. The CJC differs from other collaborative courts in several ways: it offers immediacy from arrest to contact with the court; social service referrals for substance abuse, mental health, and primary care are provided on-site; restorative justice projects that allow participants to give back to the community where the crime occurred; and an open door policy allows for community feedback through a citizen advisory board and town hall meetings. Services at the CJC Service Center are available for all San Francisco residents regardless of their criminal justice involvement. POLICIES Mission The Community Justice Center of the Superior Court of California, County of San Francisco, responds to the needs of participants and the central city community with a philosophy that CARES – Community, Accountability, Responsiveness, Efficiency, and Support. The CJC reduces barriers for people with the goal of improving their lives. Goals The primary goals of the CJC are to:

• Reduce recidivism • Increase public safety • Improve the lives of CJC participants and the surrounding community

The long term goals of the CJC program are to:

• Broaden community engagement in the community court model

• Create opportunities for CJC participants to engage in pro-social activities through volunteerism and community service

• Provide linkages to substance and mental health treatment • Address issues of homelessness and joblessness • Introduce alternatives to criminal thinking and behavior

Working with partners like DPH community based treatment programs, Glide, San Francisco Rescue Mission and others; the CJC is able to link individuals with appropriate treatment and service options. Guiding Principles The CJC will accomplish its primary goals by doing the following:

• Promote Offender Accountability: Rigorously monitor compliance with Court orders and provide clear consequences for non-compliance, as well as, decrease the time between offense and Court appearance.

• Enhance Information: Improve information and communication regarding defendants, victims, and the context of crimes to help judicial officers make more informed decisions.

• Evidence-Based Programming: Promote the use of evidence-based practices among treatment staff, attorneys, probation officers and judicial officers in sentencing and monitoring. Evidence-based practice refers to the use of research and scientific studies to determine the best practices in the field.

• Individualize Justice: Use evidence-based risk and needs assessment instruments to create tailored, alternative sanctions.

• Engage with Respect: Treat participants with dignity and recognize their due process rights.

• Involve the Community: Engage community members to help identify, prioritize, and solve problems, thereby increasing public trust.

• Foster Collaboration: Encourage cooperation among government agencies and community organizations to find creative solutions to local problems.

• Evaluate Progress: Collect and analyze data to assess outcomes, process, and cost benefits.

CJC Region The CJC adjudicates non-violent felonies and misdemeanors that occur in the Tenderloin, South of Market, Union Square, and Civic Center neighborhoods. The region of the CJC is bordered by Bush Street on the north, Kearny and Third Streets on the east, Harrison Street on the south, and Otis and Gough Streets on the west. (See Appendix A: Address Range for Streets within CJC District)

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Community Involvement Community partnerships and input are central to the goals and daily operations of the CJC. Community members, government agencies, and service organizations are engaged in an on-going dialogue directed toward strengthening the community as a whole. I. CJC Advisory Board (CJCAB): The CJCAB meets regularly to facilitate

appropriate communication between the Superior Court, city agencies, and the community regarding the operations of the CJC. Board members include six community representatives, the CJC Coordinator and Judge, representatives of collaborating government agencies, the Mayor’s Office, and the San Francisco Board of Supervisors. (See Appendix B: By-Laws of Community Justice Center Advisory Board)

II. Town Hall Meetings: Town Hall Meetings are held quarterly to expand

community participation and feedback. All Town Hall meetings are open to the public, so that the CJC can hear directly from members of the community about their concerns regarding safety and the most pressing community issues.

III. Open Door Policy: The CJC Service Center is open to the public five days a

week and is available to all San Francisco residents. IV. CJC Service Partners: Community organizations partner with the CJC to

provide both onsite and offsite services. (See Appendix C: List of Service Partners)

Funding The CJC Service Center is funded by the City & County of San Francisco, as well as from State and Federal grants. The CJC facility at 555 Polk Street has received certification to bill state Medi-Cal resources for reimbursement of services rendered by Medi-Cal eligible clients. Data Collection and Evaluation The CJC will regularly collect data and conduct performance evaluations and surveys to assess its operations and progress toward program goals. I. Surveys: Prior to implementation the CJC conducted a survey of residents,

merchants and visitors in the CJC Region regarding key issues such as public safety, social services, public trust and confidence, and awareness of the CJC. The CJC surveys all clients at intake and completion regarding perceived fairness and impact of the CJC. (See Appendix D: Executive Summary of Community Justice Center Baseline Survey)

II. CJC Electronic Database: All clinical and Court operations are recorded in the

CJC FileMaker Pro database. The database, accessible by the CJC Judge and CJC

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staff, provides information regarding defendants’ offenses, scheduled Court dates, Court orders, treatment plans, community service, group attendance, and case dispositions. (See Appendix E: Database Confidentiality Statement)

• The Database Assistant enters all misdemeanor citations referred to the

CJC as well as incoming felony cases. Case information, including appearance, case developments, incentives and dispositions are updated at every court hearing.

• Department of Public Health treatment staff enter client information, including assessment data and the initial treatment plan, as well as regular progress reports and referral activity.

III. Performance Evaluation: On a regular basis, statistics on clinical and Court

operations are compiled with data from the CJC database. This information is used to assess strengths and weaknesses and improve operations and policy development.

PROCEDURES Location, Hours of Operation, Court Schedule The CJC Court, designated Department 8 (M08), is located at 575 Polk Street. Hours of Operation

• In-custody cases are heard from 8:30 a.m. to 10:00 a.m., Monday through Friday at the Hall of Justice, located at 850 Bryant Street in Department 23.

• Out-of-custody cases are heard from 1:30 p.m. to 3:30 p.m., Monday through Friday at 575 Polk Street.

• For a more detailed schedule, including Diversion, Disposition, Compliance, and High-Risk Probation calendars (See Appendix F: Referrals of Criminal Cases)

The CJC Service Center is located next door to the Court at 555 Polk Street, 2nd Floor. The Service Center provides services to the public, including health, mental health, substance abuse, education and vocational training, shelter and housing assistance, and government benefits. Also located at the Service Center is the CJC staff workspace, assessment offices, group rooms, meeting space, community computers, and other resources. All CJC staff, including the Coordinator, Department of Public Health and Human Services Agency staff, Probation Officer, District Attorney, and Defense Counsel have offices and workspace in the Service Center.

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Hours of Operation

• The CJC Service Center is open to the public from 8:30 a.m. to 4:30 p.m., Monday through Friday.

• Drop-in Hours for individual assessments are from 1:30 p.m. to 3:30 p.m., Monday through Friday. Individuals may also schedule appointments at the front desk.

Personnel The CJC is the collaborative effort of several governmental and community agencies, whose employees together provide leadership, services, and judicial components to the CJC. The CJC receives support for programmatic and policy decisions by the Superior Court’s Collaborative Court staff. (See Appendix G: Organizational Chart) The CJC Team

Judge: A San Francisco Superior Court Judge hears all Department 8 cases. As head of the CJC team, the Judge regularly reviews case status reports detailing each participant’s compliance with the treatment plan, administers sanctions and incentives to increase each participant’s accountability, to enhance the likelihood of long-term compliance, and insures timely resolution of legal issues for all cases. CJC Coordinator: The Coordinator is responsible for the overall administration and coordination of the CJC. In partnership with community stakeholders, and in collaboration with the City & County of San Francisco, the CJC Coordinator ensures that the Court and social service functions of the CJC are operating efficiently and effectively. Department of Public Health (DPH) Providers: DPH certified social workers and health workers provide psychosocial assessments and on-going case management for CJC clients. DPH providers link the client with appropriate resources and service organizations as well as lead onsite support groups. District Attorney: Dedicated representatives of the San Francisco District Attorney prosecute Department 8 cases. The role of the D.A. is to review new cases and work closely with the team to negotiate dispositions that address both the defendant’s criminal history and social needs. Adult Probation Department (APD): Three dedicated San Francisco APD officers oversee and monitor probationers with Department 8 cases. One of the officers is assigned to cover the Homeless Outreach Program and maintain contact with probationers living in the Tenderloin.

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Public Defender/Defense Attorney: The Public Defender, or defense counsel, represents and counsels the defendant in all court proceedings and is mindful of the defendant’s constitutional rights as a criminal defendant and the defendant’s civil rights as a substance abuse and mental health service consumer. The Public Defender, or defense counsel, uses a non-adversarial approach with a focus on protecting defendants’ constitutional rights and their success in treatment to promote health and well-being. The Public Defender, or defense attorney, seeks to find treatment solutions for the defendant that will minimize the defendant’s exposure to incarceration, reduce the risk of recidivism, and mitigate the consequence of a criminal conviction. Human Services Agency (HSA) Providers: HSA staff help CJC clients apply for and acquire food stamps, shelter, Medi-Cal, and County Adult Assistance Programs (CAAP) income, including General Assistance (GA).

San Francisco Police Department (SFPD): The SFPD has assigned an officer liaison from the Tenderloin Police Station to work with the CJC. The liaison is responsible for gathering citations referred to the CJC from all police districts, including the Northern, Southern, Tenderloin, and Central districts.

Data Entry Assistant: Under the direction of the Collaborative Court Program & Policy Analyst, the CJC data entry assistant is responsible for the daily collection of data for the CJC.

Courtroom staff: A Court clerk, Court reporter, and Court officer serve the CJC Court.

Clients CJC clients are either Court Mandated or Voluntary. Court Mandated: The CJC Judge orders defendants to engage with the CJC following a mandated assessment. Clients may either be in-custody or out-of-custody. Voluntary: A client need not have a case pending in Department 8 in order to access the CJC Service Center and its resources, including assessment by DPH and HSA providers. Caseload Cases at the CJC should both 1) have a connection to the CJC Region and 2) involve offenses described in the CJC Guidelines. The CJC does not adjudicate cases outside San Francisco County. Connection to the CJC Region: Cases in which the offense occurred in the CJC Region, the defendant resides in the CJC Region, or the crime otherwise has a connection to the CJC Region may be referred to the CJC for adjudication.

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Offense Types: The CJC hears a wide array of both misdemeanor and felony cases. In general, the CJC will not adjudicate cases with complex issues of fact that will require a preliminary hearing and/or a jury trial. All cases that are sent to the CJC will be discussed by the team for appropriateness and the Judge will make the final determination as to whether the case will be heard at the CJC. If a defendant is eligible or more suited for other Collaborative Courts, such as Behavioral Health Court or Drug Court, the CJC team will consult with the other courts for appropriate referrals. Similarly, if a defendant is eligible for Back on Track, the D.A. will discuss appropriateness with the team and make the necessary referrals. Case Flow

Referral to the CJC: Following initial contact with law enforcement, cases are directed to the CJC from one of four government agencies. (See Appendix H: Basic Flow Chart)

I. San Francisco Police: Police designate the CJC on police reports and misdemeanor citations. In addition, officers direct individuals to the CJC in lieu of a misdemeanor citation.

II. District Attorney: The D.A. making charging decisions can assign a case to the CJC.

III. The Superior Court: Judicial officers in other criminal departments may send cases to the CJC.

IV. Defense Counsel: Defense Counsel may also, on behalf of their client, request referral the CJC if the case falls within the guidelines.

First Appearance After Citation: A defendant’s first appearance at the CJC occurs within 2 to 5 days after the arrest or citation. Defendants unable to pay for an attorney are assigned defense counsel. Immediate Connection with Services: Following first appearance, the defendant is immediately referred to the CJC Service Center for a Court-mandated assessment. Defendants whose misdemeanor citations have been dismissed are referred to the CJC Service Center on a voluntary basis. Second Appearance: The second appearance typically occurs one week after the first appearance. Based on the CJC assessment and treatment plan, the CJC Judge, in consultation with other judicial officers, determines an appropriate case path. (See Appendix I: Next Court Date Slip) Subsequent Appearances: The CJC Judge schedules subsequent status hearings to monitor compliance with the determined case path. Defendants at high risk of re-offense should initially have Court dates no less than once a week.

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Disposition: Upon successful completion of case path objectives, the defendant’s case will reach a disposition. CJC case dispositions may include: a dismissal which terminates court jurisdiction; a plea withdrawal that occurs after the time period expires of a deferred entry of judgment and erases the agreed upon terms for probation, imprisonment or the use of a guilty plea as a prior conviction; reduction of the length of the probation term; successful completion of probation; early successful termination of probation, pre-trial diversion, drug diversion, pleas; and suspended sentence with condition of participation in the CJC. Termination: If a defendant is unable to complete the objectives set forth in their case they will be terminated from the CJC and any of the following dispositions may be administered: unsuccessful termination of probation resulting in jail or prison time, unsuccessful completion of misdemeanor or drug diversion and case returned to HOJ, guilty plea with a new sentence or probation grant. Assessment and Treatment Plan Assessment: The CJC assessment is the cornerstone of the work with Court-mandated clients. It differs from a traditional psychosocial assessment in that it is designed specifically to address the behavior(s) of the individuals who are appearing in Court, particularly those related to their arrest. All individuals whose cases are heard at the CJC are assessed by a DPH provider. At the assessment meeting between the client and DPH provider, the provider gathers basic information on the Initial Risk Assessment form, as well as information regarding the reason for arrest or citation, income, dollar amount of drug use, and other relevant data. Assessment should be completed within one week of the offender’s first Court date. Ideally, following first Court appearance, the defendant will be immediately referred next door, to the Service Center, for assessment. Clients also meet with an HSA provider for government assistance programs that could be of benefit. Treatment Plan: Based on the assessment, the DPH provider creates a treatment plan for the defendant that targets the behavior underlying the offense and addresses other needs. Usually this includes referral to appropriate community providers, public resources, and/or group meetings. Treatment plans are flexible and adjusted based on a client’s individual needs and goals. They take into account the client’s baseline functioning, individual capabilities, and holistic needs including addiction level, physical, mental, and spiritual interests. Treatment plans are altered to reflect the client’s progress. Examples of treatment plan objectives include:

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• no additional criminal offenses during the engagement period • attendance of support group meetings • attendance of out-patient or residential drug treatment programs • referral to and use of mental health services • application for and acquisition of public benefits such as SSI, GA, and Food

Stamps • application for and acquisition of shelter • furtherance of education • career development and vocational training

The assessment and treatment plan are provided to the Judge, District Attorney, and Defense Counsel at/or before the next Court date. The Judge considers this information in assessing progress and determining a case path for the client. (See Appendix J: DPH Confidentiality & Consent Forms/Privacy Protocol) Case Management and Progress Reports: Following initial assessment, the DPH provider monitors the client’s progress in fulfilling the treatment plan. This includes regular communication with the client and community treatment providers. Progress and referrals are reported in the CJC database and shared with all CJC team members prior to court hearings. If the client is on probation, the APD officer will provide an oral report on the client’s compliance and progress. In-Custody Triage Assessment for CJC Suitability: DPH providers can complete a triage assessment for in-custody defendants to determine program suitability and record immediate needs and concerns, such as housing for the night of release from custody. (See Appendix K: In-Custody Protocol) The Judge may also order a full assessment, as described above, of in-custody defendants. Defense Counsel must be present for in-custody assessments and interviews. The Judge and D.A. will make a determination of the public safety risk of any in-custody referral made to the CJC. Case Paths After considering all relevant information, including the CJC assessment and treatment plan, the CJC Judge, in consultation with the District Attorney and Defense Counsel, sets an appropriate case path for the individual defendant. Community Service: The CJC Court may order a defendant to complete hours of community service, either as the sole sanction or as part of a treatment plan. The CJC Coordinator arranges community service in conjunction with the San Francisco Department of Public Works (DPW), the Glide Foundation, SF Rescue Mission or Precita Eyes Mural Project.

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Community work crews serve a route in the CJC Region, thereby giving back to the community in which the offense occurred. (See Appendix L: Community Service Protocol) Community Court: The CJC Court can refer a defendant to one of San Francisco’s Community Court Panels, a program of the District Attorney’s Office, for a hearing. The Tenderloin and SOMA Community Court Panels are comprised of neighborhood citizens who review the defendant’s case and discuss the crime’s impact on the neighborhood at large. If the defendant attends the Community Court hearing, the charges are dismissed. (See Appendix M: Community Court Referral) Misdemeanor Diversion: The CJC Court requires the defendant to engage with the CJC for at least three months while working toward objectives outlined in the treatment plan. Frequent status hearings are scheduled to monitor progress. If diversion is completed successfully, the charges are dismissed pursuant to Penal Codes 1001.7 and 1001.9. Drug Diversion: The CJC Court requires the defendant to engage with the CJC for a period of more than three months while working toward objectives outlined in the treatment plan. Frequent status hearings are scheduled to monitor progress. If diversion is completed successfully, the charges are dismissed pursuant to Penal Code 1001.3. Probation Compliance Monitoring: Felony probationers facing a MTR are given the option to plead guilty to a violation of probation, after which probation is reinstated. The CJC Court then monitors the defendant for the remainder of his or her probation term, with frequent compliance hearings at which the Probation Officer provides an oral progress report. If a case is more appropriate for another Collaborative Court, such as the Behavioral Health Court or Drug Court, the case will be transferred. Failure to appear in Court may result in the issuance of a bench warrant. Incentives and Sanctions Incentives: The CJC recognizes that rewards and incentives can effectively encourage compliance with the law and Court mandates. Incentives are also intended to build trust between the CJC team and the participant in reaching individual goals. The Judge determines incentives based upon recommendations from the CJC team. Examples of incentives include:

• Less frequent Court dates • Public recognition of success • Taking time off Probation • Certificates of Achievement • Applause

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• Group Completion • Tokens (e.g. gift cards)

Sanctions: Sanctions are used in response to noncompliance with court orders. Sanctions assist the client in fulfilling Court mandates and treatment goals by promoting behavioral change. At any time, with or without a sanction, a client may be assessed for a higher level of treatment, additional support meetings, or more intensive case management. The Judge imposes sanctions after hearing from the client, counsel, and the CJC team. Examples of sanctions include:

• Admonishment or Reprimand From the Court • Volunteer Community Service Work or SWAP (Sheriff’s Work Alternative

Program) • Assignments/Written Essays • Increased Intensity of Treatment • Increased Frequency of Court Appearances • Bench Warrant/Remands • Termination of CJC and Return to HOJ for Adjudication

Last updated July 19, 2012

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APPENDICES

A. Address Range for Streets within CJC District B. By-Laws of Community Justice Center Advisory Board C. List of Service Partners

D. Executive Summary: Community Justice Center Baseline Survey

*For the full survey visit www.sftc.org/collaborativejustice

E. Database Confidentiality Statement F. Referrals of Criminal Cases to Community Justice Center G. Organizational Chart H. Basic Case Flow Chart I. Next Court Date Slip J. DPH Confidentiality & Consent Forms/Privacy Protocol K. In-Custody Protocol L. Community Service Protocol M. Community Court Referral

N. CJC Guidelines

www.sftc.org/collaborativejustice

CJC Directives, 6/22/09

Address Range for Streets within CJC District

CJC district is bounded by Gough Street, Bush Street, Kearny Street & 3rd Street,

and Harrison Street

Address Range of Major Streets

3rd Street 000-300 4th Street 000-400 5th Street 000-400 6th Street 000-600 7th Street 000-400 8th Street 000-400 9th Street 000-400 10th Street 000-400 11th Street 000-400 12th Street (all) 13th Street 000-300 Bush Street 400-1700 Eddy Street 000-1000 Ellis Street 000-1100 Fell Street 000-300 Folsom Street 700-1700 Franklin Stret 000-1600 Fulton Street 000-400 Geary Blvd 000-1300 Golden Gate Ave 000-800 Gough Street 000-1600 Grant Avenue 000-400 Grove Street 000-400 Harrison Street 700-1700 Hayes Street 000-400 Howard Street 700-170

Hyde Street 000-900 Ivy Street 000-300 Jones Street 000-900 Kearny Street 000-300 Larkin Street 000-1200 Leavenworth Street 000-900 McAllister Street 000-700 Market Street 700-1700 Mason Street 000-700 Mission Street 700-1700 Oak Street 000-200 O’Farrell Street 000-1200 Page Street 000-100 Polk Street 000-1300 Powell Street 000-600 Post Street 100-1400 So Van Ness Ave 000-200 Stockton Street 000-500 Sutter Street 200-1500 Turk Street 000-900 Taylor Street 000-800 Van Ness Avenue 000-1400 Major Locations Moscone Center Union Square Market Street Civic Center UN Plaza

Appendix A


Miscellaneous Address Range for Smaller Streets Ash Street (all) Bernice Street (all) Berwick Place (all) Brady Street (all) Breen Place (all) Brush Place (all) Cedar Street (all) Chelsea Place (all) Clara Street (all) Claude Lane (all) Clemintina Street 200-500 Cleveland Street (all) Columbia Square (all) Compton Place (all) Cotton Street (all) Cyril Magnin Street (all) Daniel Burnham Ct. (all) Dore Street (all) Elm Street (all) Elwood Street (all) Falmouth Street (all) Fern Street 000-400 Gordon Street (all) Grace Street (all) Harlan Place (all) Harriet Street 000-200 Hemlock Street (all) Heron Street (all) Hickory Street 000-200 Isis Street (all) Jennifer Place (all) Jessie Street 000-900 Juniper Street (all) Kissling Street (all) Lafayette Street (all) Langton Street (all)

Lapu Lapu (all) Larch Street (all) Laskire Street (all) Lech Walesa (all) Linden Street 000-100 Lily Street 000-100 Mabini Street (all) Maiden Lane (all) Mark Lane (all) Mary Street (all) Minna Street 200-1200 Moss Street (all) Myrtle Street (all) Natoma Street 200-1200 Norfolk Street (all) Olive Street (all) Otis Street (all) Peter Yorke Way (all) Plum Street (all) Rausch Street (all) Redwood Ally (all) Ringold Street (all) Rizal Street (all) Robert Kirk Lane (all) Rose Alley 000-100 Russ Street (all) Scott Alley (all) Security Pacific Place (all) Sheridan Street (all) Shipley Street 000-300 Starr King Way (all) Sumner Street (all) Tandang Sora Street (all) Tehama Street 200-500 Washburn Street (all) Willow Street (all)

BY-LAWS OF CJCAB 10/29/08 PAGE 1

BY-LAWS OF COMMUNITY JUSTICE CENTER ADVISORY BOARD

ARTICLE I ORGANIZATION OF COMMUNITY JUSTICE CENTER

The Community Justice Center (CJC) houses judicial resources provided by the

Superior Court of California, County of San Francisco (the Superior Court). The CJC also provides a centralized location for various community and governmental agencies that provide services to the public, including health, mental health, substance abuse, education, job training, housing, and government benefits.

The CJC community is defined roughly by the following boundaries: Harrison Street

on the south, Otis and Gough Streets on the west, Bush Street on the north, and Kearny and Third Streets on the east.

The judicial operations of the CJC are determined by the Superior Court. The Superior

Court will provide court staffing to the CJC, including clerks, court reporters, judicial officers, and a CJC Coordinator. The Superior Court will establish appropriate liaison with law enforcement, prosecution and defense counsel to effectively handle legal affairs in the CJC building.

The City & County of San Francisco, with the support of grants and other funding

sources, will be responsible for providing the social services and staffing necessary to operate the CJC.

To facilitate appropriate communication between the Superior Court, City & County of

San Francisco, and the business and residential community, the Community Justice Center Advisory Board (CJCAB) is established for the purposes articulated in Article II (power to terminate).

ARTICLE II PURPOSES OF CJCAB

The CJCAB is established for these purposes:

1). Provide advice to the Superior Court on programs and services in response to the CJC community-identified concerns and needs. 2). Assist the Superior Court in collaboration efforts between government, business, neighborhood and service agencies to solve problems in the CJC community. 3). Give input on public safety concerns of the CJC community that are addressed, or need to be addressed at CJC. 4). Assist the Superior Court in reporting to the CJC community on the accomplishments and challenges faced at the CJC on an ongoing basis.

Appendix B


ARTICL III GUIDING PRINCIPLES OF THE CJC

Enhanced Information Community justice courts are dedicated to the idea that better staff training combined with better information (about litigants, victims, and the community context of crime) can help improve the decision making of judges, attorneys, and other justice officials. The goal is to help practitioners make more nuanced decisions about individual defendants, ensuring that they receive an appropriate level of supervision and services. Community Engagement Community justice courts recognize that citizens, merchants and neighborhood groups have an important role to play in helping the justice system identify, prioritize and solve local problems. By actively engaging citizens in “doing justice,” community courts seek to improve public trust in justice. Collaboration Community justice courts engage a diverse range of people, government agencies, and community organizations in collaborative efforts to improve public safety. By bringing together justice players and reaching out to potential partners beyond the courthouse (e.g., social service providers, victims groups, schools) community courts improve inter-agency communication, encourage greater trust between citizens and government, and foster new responses to local problems. Individualized Justice Using valid evidence-based risk and needs assessment instruments, community justice courts seek to link offenders to individually tailored community-based services (e.g., job training, drug treatment, safety planning, mental health counseling) where appropriate. In doing so (and by treating defendants with dignity and respect), community justice courts help reduce recidivism, improve community safety and enhance confidence in justice. Links to services can also aid victims, improving their safety and helping restore their lives. Accountability Community justice courts send the message that all criminal behavior—even low-level crimes—has an impact on community safety. By promoting community restitution and insisting on regular and rigorous compliance monitoring—and clear consequences for non-compliance—community justice courts seek to improve the accountability of offenders. Outcomes Community justice courts emphasize the active and ongoing collection and analysis of data—measuring outcomes and process, costs and benefits. Public dissemination of this information is a valuable symbol of public accountability.


ARTICLE V

MEMBERSHIP OF CJCAB

CJCAB membership shall include the following: All Judicial Officers assigned to the CJC CJC Coordinator Police Captains from Southern, Northern, Central and Tenderloin Stations, or designees. Sheriff of San Francisco, or designee Chief, Adult Probation Department, or designee Director, Department of Public Health, or designee Director, Human Services Agency, or designee District Attorney, or designee Public Defender, or designee Mayor, or designee President of the Board of Supervisors, or designee Six (6) CJC Community Representatives, selected by the Presiding Judge of the Superior Court. Selection will attempt to achieve maximum representation of geographic, business, and residential community perspectives.

ARTICLE VI MEETINGS

Regular meetings of the CJCAB shall be held at the Community Justice Center, or

other public locations in the community as determined by the CJCAB. CJCAB meetings will be held at least quarterly.

All meeting of CJCAB are open to the public, except as authorized by law. CJCAB shall only act in the name of the CJCAB when it shall be regularly convened by its chair after due notice to all the members of such meeting. Unless otherwise stated, all meetings will be run pursuant to Robert’s Rules of Order. The CJCAB will convene regular open meetings, or “town hall meetings,” in the community to report on accomplishments and challenges faced by CJC, and to ask the business and residential community to identify current needs and problems being faced in the CJC community.

ARTICLE VII VOTING BY CJCAB MEMBERS

At any regular, or special meeting, any question may be voted upon in the manner and style determined by the chair.

Proxy voting is not allowed.


Each member of CJCAB shall have one vote. Majority vote shall decide any issue presented to CJCAB. In the case of a tie, the Chair shall cast the deciding vote.

ARTICLE VIII MEMBERSHIP ON CJCAB

With the exception of the Community Representatives, the members of the CJCAB

shall serve so long as the member holds the designated title. The Presiding Judge of the Superior Court makes appointments of the CJC Community

Representatives. The CJC Community Representatives serve from January 1 or date of appointment, whichever is later, until December 31 of that year. The CJC Community Representatives serve at will. The Presiding Judge may reappoint a CJC Community Representative for additional one-year terms. To encourage broad community involvement, no representative should be appointed for more than three consecutive terms, unless extended in the sole discretion of the Presiding Judge.

ARTICLE IX

CHAIR

The judicial officer with senior tenure at CJC will chair all CJCAB meetings or events, unless the chair appoints another member of the CJCAB to serve in that role for a particular meeting, event, or agenda item. The chair shall establish any additional committees, temporary or permanent, in addition to those mentioned in Article VIII. The chair shall appoint the chair and all members of each committee.

ARTICLE X COMMITTEES OF CJCAB

CJCAB shall have the following standing committees with the following responsibilities: Building Committee – Responsible for overseeing the operations of the CJC building. This oversight responsibility includes, but not limited to, monitoring hours of operations, accessibility, services, and security. Computer Technology Committee – Responsible for overseeing the technology needs for the building and legal team participants. This oversight responsibility includes insuring that the social service members have access to needed technology to provide programs and services to CJC users, and to develop and maintain the legal team’s case management database used by the court, prosecution, defense attorneys and support service members. This committee is


responsible for insuring that individual contributors to the case management database are making timely and appropriate entries into this resource. Social Service Committee – Responsible for identifying and designing social service resources to be used by CJC users in the area of health, mental health, substance abuse, housing and government benefits. This responsibility includes working with government agencies to coordinate and obtain needed services for CJC users. This committee is responsible for identifying partnerships with non-government agencies and businesses that would benefit CJC users. This committee is also responsible for insuring that the social service network is available to the legal operations for assessments, reports and services for individuals of the criminal court process. Community Service Committee – Responsible for developing restorative justice programs and other resources for CJC users. This responsibility includes developing a community work program that is targeted to the needs of the CJC community, and the particular obligations of individuals of the criminal court process. This committee will insure that the appropriate job training, educational, and groups counseling sessions are available to CJC users. This committee will identify projects and partnerships that will assist the CJC in its restorative justice operations. Criminal Court Processing Committee – Responsible for insuring that the legal rights of individuals in the criminal court process are protected. This committee will seek to maintain a “team” approach to the processing of legal matters, protecting the legal rights of individuals, attempt to resolve legal matters in a timely fashion, and to direct outcomes for cases based on the individual’s behavior, criminal background, service history, and personal service needs. This committee will be tasked with the responsibility to ensure that the criminal justice stakeholders have access to the appropriate information from the case management database, and that these stakeholders have timely and appropriate access to information concerning service access and compliance with court orders.

ARTICLE XI AMENDMENTS

These By-Laws may be altered, amended, or repealed by written order of the Presiding Judge of the Superior Court. These By-Laws are effective as of this date. DATE: 10/29/08 ___________________________________ David L. Ballati

Presiding Judge Superior Court of California

County of San Francisco

Community Organizations that Partner with the CJC Glide Memorial: provides health care, mental health and substance abuse treatment groups. St. Anthony Foundation: connects uninsured clients with medical and dental services, as well as computer technical programs and an on-site life skills group. La Casa De Las Madres: healthy relationships workshop onsite. Community Court Panelists (DA’s office program): a panel of neighborhood citizens who hear the cases of referred CJC defendants. They discuss the crime’s impact on the neighborhood and offer the appropriate restitution or community service. Tenderloin Workforce Center (Human Service Agency): assists with job placement. San Francisco City College- Second Chance Program: offers on-site counseling for participants who are interested in pursuing higher education at City College. Department of Public Works: assists the CJC Community Service Program by taking CJC clients out into the community for clean-up. San Francisco Clean City Program: provides assistance to the CJC Community Service Program. North of Market/ Tenderloin Community Benefit District(s): provides information and outreach to property owners and community stakeholders about the CJC. Northern California Service League: provides employment services for ex-offenders. Bank on San Francisco: connects participants with banking services and free tax preparation. Precita Eyes Mural Project: provides assistance to the CJC Community Service Program. Chamber of Commerce: helps the CJC partner with local businesses. Community Housing Partnership: collaboration that ensures the CJC as a Safe Haven site. Chamber of Commerce: helps the CJC partner with local businesses. Positive Directions Equals Change: provides on-site groups and relapse prevention support. Court Accountable Case Management Services (Pre-Trial Diversion): provides on-site anger management, harm reduction and relapse prevention groups. SF Rescue Mission: provides assistance to the CJC Community Service Program.

Appendix C

Superior Court of California County of San Francisco Office of Collaborative Justice Programs

Community Behavioral Health Services City and County of San Francisco Department of Public Health

Community Justice Center Baseline Survey Executive Summary

The San Francisco Community Justice Center (CJC) is a neighborhood-based collaborative court of the Superior Court of California, County of San Francisco. The CJC partners with community-based organizations to resolve local problems, improve community well being, reduce the recidivism cycle of offenders, and build confidence in the judicial system. The Office of Collaborative Justice Programs (OCJP) contracted with the Department of Public Health Community Behavioral Health Services (CBHS) to conduct a baseline community survey. The aim of the survey is to measure the attitudes of residents and visitors in the CJC region towards Community Environment, Safety, Social Services, Public Trust and Confidence, and Awareness of the Community Justice Center. The OCJP will use this initial data sampling to compare perceptions of key issues in the CJC region over time. To effectively represent the community, CBHS utilized a three-pronged approach, including a phone survey, a street survey of passersby, and a business survey. In total, 394 surveys were collected in November and December 2008. Community Environment

Homelessness and drugs stood out as the most pressing issues: 85 percent of respondents cited homelessness, and 71 percent cited drugs, as serious or very serious problems.

Sixty-eight percent of respondents said that the quality of affordable housing in the region was poor or very poor.

Safety

While 68 percent of respondents felt safe walking in the CJC region during the day, a majority (53 percent) found it dangerous at night.

Many respondents wrote of serious crime issues that they had experienced first hand, 20 percent stated that they had been the victim of a crime in the region in the past year.

Respondents also expressed concerns about the area’s homeless population, gangs and rampant drug activity.

Appendix D

Social Services The area under study is rich in a variety of social services such as health (medical), mental

health and substance abuse services, however, many respondents had either not heard of, or had a neutral opinion of the services available.

Medical services in the CJC region were the most favored, with 36 percent stating that they were excellent or good.

When given a chance to specify what services they would like to see, respondents cited housing services (35 percent) and job training/placement services (33 percent) as the most needed.

Public Trust and Confidence

People appear to trust the police somewhat; however, they feel negatively towards the courts.

While 43 percent of respondents felt confident that the police would respond appropriately when called, only 25 percent expressed trust in the courts.

Conversely, 44 percent stated that they did not believe that the courts appropriately handle criminal suspects, and 28 percent said that they had little or no confidence in the police.

Awareness of the Community Justice Center

All the demographic groups within the study area felt similarly: the CJC is a positive development.

Fifty-nine percent were positive or very positive about its opening, while only eight percent expressed any negative sentiment toward the CJC.

Community Justice Center Database Confidentiality Statement I, ________________________________________________________, an employee of____________________________________________________________, a partner agency of the Community Justice Center, duly recognize my legal and ethical responsibility to the confidentiality of the San Francisco Community Justice Center (CJC), and hereby agree to the following rules of conduct regarding my use of the CJC database:

1. I will only access, discuss, or divulge CJC client information as required for the performance of my job duties.

2. The CJC database maintains internal logs of data accessed, indicating who added or edited information. I may be asked to justify my use of specific information contained in the CJC database.

3. Individuals requiring access to CJC information systems will be given a user ID and password. It is my responsibility to maintain the confidentiality of client information to which I have access. Under no circumstances will I allow my user ID or password to be used by or disclosed to other persons. If I suspect that someone else has knowledge of my user ID or password, I will notify the CJC Coordinator and/or the Office of Collaborative Justice Programs.

4. I will access the CJC database on a secure computer, and in a secure location, in order to protect the client information contained therein.

5. I will only print information from the CJC database as required for the performance of my job duties. I will only print such information on a secure printer. I will store printed information securely. I will destroy any printed information that I no longer need.

Violation of state and federal laws regarding patient privacy may subject you to substantial monetary penalties and/or make you the subject of a civil or criminal action pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the California Medical Information Act, the Welfare and Institutions Code, and other federal and state privacy laws.

Signed:______________________________________________ Date: ______________

Appendix E


Referrals of Criminal Cases to Community Justice Center The CJC is operating at 575 Polk Street. The Court designation is M08. The Court operates Monday through Friday. Transfer all felony & misdemeanor cases to CJC the following day, if:

• The case is on the attached list of permissible case-types. • The arrests took place in the CJC District (Gough to the west, Bush to the

north, Kearny and Third Streets to the east, and Harrison to the south – street numbers on the attached list).

• For “in custody” defendants, set the matter at 8:30 a.m. on M08 calendar

the next court day. If this is a NTW felony case, double set PX in your department.

• For “out of custody” defendants, set the matter for 1:00 p.m. on M08

calendar the next court day. • Do not send matters to CJC when the person has a felony motion to

revoke attached to the new charge.

MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 8:30 to 10:00 a.m.

IN-CUSTODY “AN” & MTR





12:30 to 1:00 p.m.

PRETRIAL & DISPOSITION CONFERENCING





1:30 to 2:00 p.m.

OUT-OF-CUSTODY “AN” or “S/D” CALENDAR





2:00 to 3:30 p.m.

COMPLIANCE CALENDAR (Discharge, diverted, deferred, & regular probation compliance)





Appendix F

San Francisco Superior Court

Community Justice Center Organizational Chart

San Francisco Superior Court Collaborative Courts Director

CJC Coordinator Program and Policy Analyst

Program Coordinator

San Francisco Superior Court Judge

Court Clerk (2) Court Officer (2)

Court Reporter (1)

San Francisco District Attorney’s Office

Assistant District Attorney (2) District Attorney Investigator (1)

San Francisco Police and Adult Probation Departments San Francisco Police Officer (1)

S.F. Deputy Probation Officer (3)

Social Service Staff Social Worker (2) Health Worker (2)

Benefits Worker (1)

Private Defense Counsel Deputy Defense Counsel (1)

Appendix G

CJC Basic Case Flow Chart

September 2009

S.F. Police/ County Sheriff

District Attorney Other Superior Court Departments

Offense in CJC District

CJC Court Department 8 (M08)

575 Polk Street

In-Custody (@ HOJ)

Out-of-Custody

First Appearance/ CJC Triage Assessment

First Appearance/ CJC Assessment Ordered Defense Counsel

After release from custody, continue as out-of-custody case

CJC Assessment CJC Service Center

555 Polk Street

Second Appearance/ Arraignment

Community Service

Community Court

Pretrial Diversion (3-6 Mo)

Drug Diversion (6-12 Mo)

Probation Monitoring

(rest of term)

Frequent court dates for oral APD report or CJC

progress report

2 D

ays

1 W

eek

Appendix H

YOUR NEXT COURT DATE

Date: ____________________________________________, 2010

Time: 1:30 p.m.

Address: 575 Polk Street San Francisco, CA (cross street Turk)

A WARRANT FOR YOUR ARREST WILL BE ISSUED IF YOU DO NOT COME TO COURT If you have missed your court date, go to 575 Polk Street @ 1 p.m. as soon as possible

If you wish to consult with your attorney, please contact:

Before your next court date, you must:

Appendix I

Appendix J

SAN FRANCISCO DEPARTMENT OF PUBLIC HEALTH NOTICE OF PRIVACY PRACTICES

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THIS NOTICE EXPLAINS HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND SHARED IN THE SAN FRANCISCO DEPARTMENT OF PUBLIC HEALTH (DPH) AND HOW YOU CAN GET THIS INFORMATION.

PLEASE LOOK IT OVER CAREFULLY.

If you have any questions about this Notice, please phone the DPH Privacy Officer at (415) 206‐2354. WHO WILL FOLLOW THIS NOTICE The San Francisco Department of Public Health (DPH) and the following people within it follow the rules presented in this Notice:

• Anyone who can enter information into your DPH health record. • All departments and units of the DPH, DPH affiliates, and DPH contract providers that can read, use, or

give out patients’ personal health information. • Members of volunteer groups who help you while you are receiving care from the DPH. • DPH health workers and University of California at San Francisco employees who work with the DPH. • Persons going to school to be a health worker and their teachers who help give your health care in the

DPH, for example medical residents, medical students, nursing students, fellows, or graduate students.

DPH PLEDGE ABOUT HEALTH INFORMATION The health workers of the San Francisco Department of Public Health, DPH affiliates, and DPH contract providers know that health information about you and your health is personal. They promise to protect your health information. A record of care and services you receive in the DPH is made and stored at DPH. This record is needed to give you care and to meet the laws of the state of California. This Notice applies to all records of your care kept by DPH, whether made by DPH health workers or your personal doctor caring for you at a DPH clinic or hospital. If you have a personal doctor who is not a DPH doctor, he or she may follow different rules about using and sharing your health information.

The DPH records and stores patient information in many places, both on paper and in computers, depending on the setting where care is given. Health care workers and doctors share this information with one another in order to care for your health.

This Notice tells you about the ways that the DPH may use and share health information about you. It also tells you about your rights and certain rules the DPH has about how information is used and shared.

The law requires DPH to:

• keep a record of the care it provides you; • make sure that health information that could be used to identify you is kept private; • give you this Notice of DPH legal duties and privacy practices; and • follow the Notice that is in effect at this time.

YOUR RIGHTS REGARDING HEALTH INFORMATION ABOUT YOU In general, you have the following rights regarding health information kept by the DPH about you:

• Right to Ask to Inspect and Copy. You have the right to ask to see, read and obtain a copy of health information used to make decisions about your care. Usually, this includes medical and billing records. If you want to look at and obtain a copy of health information used to make decisions about your care, you must take or send your request in writing to the medical records office at the location your care was given (see the back of the Notice Summary for list of addresses). If you ask for a copy of the information, DPH


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may ask you to pay for copying, mailing or getting other supplies needed to respond to your request. Unless your provider says that it is okay, the right to look at and copy health information does not include mental health information. If DPH decides not to let you look at your mental health information, DPH may decide instead to give you a summary of your record. If your provider turns down your request, you may ask a member of DPH Risk Management to review why your request was turned down. The person who does the review will not be the person who turned down your request.

• Right to Authorize Sharing of Health information. When you think it necessary and appropriate, you have the right to ask DPH to send copies of your health information to whomever you wish ‐ other individuals, health care professionals, or hospitals and clinics. Some health information that DPH collects and keeps about you is more sensitive than other health information. For example, if you are being treated for mental health problems, substance abuse problems, or HIV/AIDS, DPH takes special care not to share this information with people who do not need to use it for care purposes unless you specifically say that it is okay. In the case of mental health treatment, your provider may have to okay sending of the information. You may ask DPH to stop sharing of your health information at any time. To ask DPH to share your health information with people outside the DPH, you must ask in writing. Send or take your request to the medical records office at the site where your care was given (see the back of the Notice Summary for list of addresses).

• Right to Make Corrections. If you believe that health information stored by the DPH about you is not correct or not complete, you have the right to ask DPH to change the information. You have the right to ask DPH to change your health information for as long as the information is kept. To ask for a change, send your request in writing to the medical records office of the site where your care was given (see the back of the Notice Summary for a list of addresses). In addition, you must explain why you want your health information changed. DPH may turn down your request if it is not in writing or does not explain why you want the information changed. In addition, DPH may turn down your request if you ask to change information that:

o Was not created by DPH health workers; o Was recorded by a person who is no longer available to make the change; o Is not part of the health information kept by or for the DPH; o Is not part of the information that you would be allowed to look at and copy; or o Is found to be correct and complete.

• Right to an Accounting of Disclosures. You have the right to be informed about who has read your record after February 26, 2003. This “accounting of disclosures” is a list of persons outside of the DPH whom DPH has shared your health information with for purposes other than to provide you health care, pay for your health care, or conduct other activities necessary for its operations. To ask for this list, you must send your request in writing to the medical records office at the site where your care was given (see the back of the Notice Summary for a list of addresses). When you ask for an “accounting of disclosures” you must tell us the DPH care providers for which you want the accounting. You may not ask DPH to provide you with information about who DPH shared information with more than six years before you submitted your request. Your request should tell how you want DPH to give you the list (for example, on paper or in a computer file). The first list you ask for within a 12‐month period will be free. DPH may ask you to pay for additional lists. The costs will be explained to you, and you may choose to cancel or change your request at any time before you are charged anything.

• Right to Request Restrictions. You have the right to ask DPH not to share your health information with certain individuals or for certain purposes. You also have the right to ask DPH not to share your health information with people, like a family member or friend, who may be involved in caring for you or paying for your care. For example, you could ask the DPH not to use or share information about a surgery you had. The DPH and/or its doctors do not have to agree to your request. If it does agree, the DPH will not share information about you unless the information is needed to give you emergency treatment. To ask for restrictions, you must send your request in writing to the medical records office at the site where your care was given (see the back of the Notice Summary for a list of addresses). In your request, you must explain (1) what information you want to limit; (2) whether you want to limit DPH use, sharing or both;


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and (3) to whom you want the limits to apply. For example, you may not want health information about you shared with your family.

• Right to Request Confidential Communications. You have the right to specify where and how DPH employees may contact you. For example, you can ask DPH staff to contact you only at work or by mail. Let us know in writing, by sending your request to the DPH Privacy Officer at 2789 25th St., San Francisco, CA 94110. You do not need to give a reason for your request. All reasonable requests will be approved. Your request must tell how or where you wish to be contacted.

• Right to a Paper Copy of This Notice. You have the right to receive a paper copy of this Notice. You may ask for a copy of this Notice at any time. Even if you have agreed to receive this notice by email or have read it on a web site, you still have the right to a paper copy of this Notice. To obtain a paper copy of this notice, either visit any DPH health care provider or write to the DPH Privacy Officer at 2789 ‐ 25th St., San Francisco, CA, 94110. You may get a copy of this notice at the DPH web site, http://www.dph.sf.ca.us/InsideDPH/insidedph.htm

HOW DPH MAY USE AND SHARE HEALTH INFORMATION ABOUT YOU DPH wants you to know of the different ways it uses and shares health information. DPH cannot describe every way it uses or shares health information in this Notice. However, most of the ways fit into one of the descriptions provided below. It is important for you to know that in California there are special protected kinds of healthcare information that have to be kept and handled in special ways. Included in these protected kinds of information are mental health treatment, developmental disabilities treatment, drug/alcohol abuse treatment, and HIV/AIDS treatment information. The DPH keeps information about treatment at City Clinic (Municipal STD Clinic) for sex‐related infectious diseases protected as well. Information about treatment of minors over age 12 consenting for services for reproductive health, mental health, substance abuse, pregnancy, reportable diseases, rape or sexual assault are also protected. In all cases, DPH health workers and doctors will use the minimum amount of information necessary to give your care, obtain payment for your care, or operate DPH health care facilities. DPH regularly reviews the uses and disclosures that DPH staff, its contract providers, and UCSF staff make from DPH records to be sure they are appropriate.

For Treatment. To improve the quality of care you receive, health information may be shared by providers within DPH and between DPH and its contract providers ‐ including health information regarding mental health, substance abuse, HIV/AIDS, sexually transmitted diseases (STD), and developmental disabilities. For example, a doctor treating you for a broken leg may need to know if you have diabetes because diabetes may slow the healing process. In addition, the doctor may need to tell the dietitian if you have diabetes to arrange for special meals. Different departments of the DPH may share information about you to provide things you need, such as medications, lab tests or x‐rays. If your care requires that you be referred to a doctor or facility outside the DPH, health information about you may be shared with them to plan your continuing care. DPH health workers are committed, however, to only using and disclosing the minimum amount of information needed for your care. Information about treatment at City Clinic (Municipal STD Clinic) will be disclosed only upon your specific authorization when not used for infectious disease control purposes.

If health care providers or other persons outside the DPH and its contract providers need health information about you, you will be asked to give the okay for DPH to give out information unless the information is needed for your care in emergencies.

For Payment. Health information about you may be used and shared so that the treatment and services you get at a DPH care site may be billed to and payment collected from you, an insurance company or a third party claim recovery service. Information may be shared with an eligibility service so that it may look for programs to help patients pay for their care. It may also be necessary to tell your health plan about a treatment you need in order to get prior approval or to determine whether your plan will cover the treatment. In all cases, DPH will get your okay to share information to payers before releasing it.


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For Operating DPH Health Care Facilities. Health information about you may be used and shared for DPH operations. DPH may need to use and share this information to run its facilities and make sure that all DPH patients receive quality care. For example, DPH may use your health information to review treatment and services and to check on the care you receive from DPH health workers. Health information about many DPH patients may be combined to decide what additional services the DPH should offer, what services are needed, and whether certain new processes are effective. Collections of information about many DPH patients may be compared with information from other non‐DPH health care settings to see whether care and services at DPH can be improved. Information that identifies you may be removed from health information to study health care and health care delivery. Information may be shared to DPH doctors, nurses, technicians, and other DPH staff for review and learning purposes.

Appointment Reminders. DPH may use information it has about you to remind you about an upcoming appointment. Remember, however, that you always have the right to ask DPH to contact you in other ways if you don’t want to receive the appointment reminder in the mail.

Directory. Certain limited information about you may be included in patient directories at DPH hospitals where you are being treated. Mental health and substance abuse inpatient sites do not use public directories, however. This information may include your name, location in the hospital/clinic, your general condition (e.g., fair, stable, etc.) and your religious affiliation. The directory information, except for your religious affiliation, may also be shared with people who ask for you by name. Your religious affiliation may be given to a priest, rabbi or minister, even if they don’t ask for you by name. This is so your family, friends and clergy can visit you and generally know how you are doing if you stay overnight in a DPH hospital. If you do not want the DPH to share your name, location in the hospital, general condition or religious affiliation, you must inform the office of admissions in the facility where you are receiving care.

Individuals Involved in Your Care or Payment for Your Care. Health information about you may be shared with a friend or family member who you have said is involved in and/or responsible for your medical care and who needs to know the information to help you. Information may also be given to someone who you have said will help pay for your care. Mental health clients will be asked to formally approve these types of sharing. In addition, health information about you may be shared to an organization helping in a disaster relief effort so that your family can be told about your condition, status and location.

Research. Health information about you may be used and disclosed for research purposes in two ways. First, it may be used by researchers in studies you have been asked to participate in, where you agree to actually take a drug or have a treatment that is being studied for its effectiveness. In these kinds of studies, you will always be asked to consent to your involvement in the study. Second, health information about you may be used and disclosed without reference to the fact that it was about you personally. For example, a research project may involve comparing the health and recovery of all patients who received one medication to those who received another for the same condition, with no names or other personal references being included. All research projects performed in the DPH, however, are subject to a special approval process. This process evaluates a proposed research project and its use of health information, to ensure that the research poses no more than minimal risks to your privacy. Before health information is used or disclosed for research, the project will have been approved through this research approval process, and the researcher will have signed an oath of confidentiality.

As Required By Law. Health information about you may be shared when required by federal, state or local law.

To Avert a Serious Threat to Health or Safety. Health information about you may be used and shared to law enforcement officials, mobile crisis team, or to an intended victim when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.


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SPECIAL SITUATIONS: Information may be shared without your okay in the following situations if they apply to you.

• Organ and Tissue Donation. If you want to donate an organ, health information may be given to organizations that handle organ donation or organ, eye or tissue transplantation or to an organ donation bank, as needed to help with organ or tissue donation and transplantation.

• Military and Veterans. If you are a member of the armed forces, health information about you may be shared as required by military command authorities.

• Workers' Compensation. Health information about you may be given for workers' compensation claims processing or similar programs. These programs provide benefits for work‐related injuries or illness.

• Public Health Risks. State and Federal law may require that DPH share your health information for public health activities. These activities generally include the following:

o to prevent or control disease, injury or disability; o to report births and deaths; o to report reactions to medications or problems with health care products; o to notify people about recalls of products they may be using; o to notify a person who may be catching or spreading a disease or condition; o to notify an authority if it is believed a patient has been the victim of abuse, neglect or domestic

violence as required by law. • Health Oversight Activities. The law may require DPH to share your health information with an agency

that reviews DPH health care activities. Review activities include, for example, audits, investigations, inspections, and licensing. These activities are necessary for the government to monitor the health care system, programs paid for by tax payers, and DPH adherence to civil rights laws.

• Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, health information about you may be shared in response to a court or administrative order. Health information about you may also be shared in response to a subpoena, discovery request, or other lawful process by others involved in the dispute, but only if their attorneys have tried to tell you about the order so that you have an opportunity to object within the timelines established by law.

• Law Enforcement. Health information may be shared with a law enforcement official: • In response to a court order, subpoena, warrant, summons or similar process; • About a death believed to have been the result of criminal conduct; • About criminal conduct at a DPH facility; and • In emergency circumstances to report a crime; the location of the crime or victims; or the identity,

description or location of a person who committed a crime. • Coroners and Medical Examiners. The law may require DPH to share your health information with a

coroner or medical examiner. This may be necessary, for example, to identify a dead person or determine the cause of death.

• Court‐appointed Conservators & Guardians. Without asking you, DPH may share your health information with individuals appointed by a court of law to look after your physical and/or mental health and financial well being.

• National Security and Intelligence Activities. Without asking you, DPH may share your health information with authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.

• Protective Services for the President and Others. DPH may share health information about you with authorized federal officials so they may provide protection to the President or foreign heads of state. DPH may share health information with other authorized persons to conduct special investigations.

• Inmates. If you are an inmate of a jail or prison or under the custody of a law enforcement official, DPH may share your health information with the jail/prison staff or its correctional officers. DPH would have to share this information (1) for the jail/prison to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the jail/prison staff.

• Court‐Appointed Treatment. In cases in which a person has been ordered to obtain treatment from the DPH by a criminal court proceeding, the individual will be asked to okay the sharing of information with


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the court. If the person later retracts the okay, the court must be informed of the individual’s subsequent refusal.

OTHER USES OF HEALTH INFORMATION Other uses and disclosures of health information not covered by this Notice or the laws that apply will be made only with your written permission. If you provide permission for the DPH to use or share health information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, the DPH will no longer use or share health information about you for the reasons stated in your written authorization. You must also understand that the DPH is unable to take back any sharing it has already made with your permission, and that the laws of California require the DPH to retain records of the care that it has provided to you.

IF YOU BELIEVE YOUR PRIVACY RIGHTS HAVE NOT BEEN MAINTAINED while receiving DPH services, you may file a complaint with the DPH or with the U.S. Secretary of the Department of Health and Human Services. All complaints must be sent in writing. Please see the back of the Summary of this “DPH Notice of Privacy Practices” for current addresses and phone numbers for the DPH Privacy Officer and the Secretary.

You will not be penalized in any way for filing a complaint.

CHANGES TO THIS NOTICE The DPH reserves the right to change this Notice and to make the revised or changed Notice effective for health information already recorded about you as well as any information recorded in the future. A copy of the current Notice will be posted in DPH care facilities. The notice will have the effective date on the first page, in the top right‐hand corner.

CJC In-Custody Protocol Assessment Goals:

− What is needed to ensure no new arrest once released? − Ensure appearance in court once released. − Provide Court with additional psychosocial information for in-custody clients. − Provide overall assessment of treatment readiness.

Assessment Procedure:

I. Assessments will occur at the HOJ in Department 23 on Tuesday at 8:30 a.m. II. Assessment will address critical needs related to defendant’s release from

custody. III. Clinicians will assess for needs in the following areas:

A. Income B. Housing C. Substance Use/Severity- Drug of Choice D. Mental Health Needs/Severity E. Connection to the community, i.e., providers, case managers etc. F. Written/Verbal reports will be provided to the Judge

IV. Frequency of assessments: A. Clinicians will provide assessment Tuesday and Thursday mornings in

Department 23

V. Phase I –Scale 1-5 Assessment A. Income B. Housing C. Substance Use/ Severity- Drug of Choice D. Mental Health Needs, Severity E. Connection to the community, i.e., providers, case managers, etc. F. Written/ Verbal reports will be provided to the Judge Phase II What is needed to address or stabilize needs in each category for release from custody? Phase III Out-of-Custody assessment and Treatment Plan

Appendix K

NAME: ____________________________________________________ CASE #: ____________________________ DOB: _________________ A. Income None ( 0 ) Work/GA/SSI/Pension ( 1 ) B. Housing None ( 0 ) Needs Shelter _____ Housing in Place ( 1 ) C. Substance Use/ Severity- Drug of Choice

Substance Use ( 0 ) None ( 1 ) With no treatment D. Mental Health needs Needed with

Services Not in Place ( 0 ) None ( 1 ) E. Connection to the community, i.e., providers, case managers, etc. ( 1 )

Case Manager, Agency: ____________________________ NOTES : Total Points ( 0 to 5) ___________________________________________________ Date: ______________________ INITIALS: ______

Community Justice Center Community Service (CS) Protocol

CJC Contact: Front Desk: 202-2810

1. A day of community service for the CJC is a 9am- 2pm shift. 2. Participants will sign up on the 2nd floor at 555 Polk St. directly after their court

appearance. 3. Participants will be required to sign up for the community service hours at least

48 hours prior to their shift. 4. CS supervisor and client are responsible for maintaining a sign-in sheet for each

shift and getting the sheet back to the court at the end of the shift. 5. Participants will be required to wear closed-toe shoes and wear appropriate attire

for community service work. 6. If a participant does not show up for the community service hours the CS

supervisor will mark the participant AWOL on the sign-in sheet and will report that information to the court.

7. If a participant is disruptive during his/her community service hours the CS

supervisor may release the participant from his/her service and report the incident back to the court.

8. The CS supervisor is not responsible for bringing disruptive participants back to

the CJC. 9. If a participant is late, that will be noted on the sign-in sheet.

CS Program Details:

Community Service for the CJC will be coordinated with CS Supervisor and the CJC Staff.

E-mails are sent to the above with the sign-in sheet attached. DPW and Glide can

do weekend service. Glide CS participants MUST sign-up for their service at 330 Ellis St. a day before they can begin service.

The work crews will have a route that is in the CJC region. The CJC serves the

Tenderloin, SOMA, Civic Center, and Union Square neighborhoods (collectively, the “CJC Region”). The CJC region’s perimeters extend along Bush Street to the north, Kearny down to Third Street on the east, Harrison Street on the south, and Otis extending into Gough Street to the west, with Market Street cutting straight through the center.

Appendix L

All CS Supervisors will be responsible for reporting to the court about the CJC participants’ participation.

The CJC staff will assess if an individual is not able to go out on work crews and

record that information for the court in the CJC database.

When doing CS for DPW, participants should arrive at 5th /Market platform in front of Carl’s Junior at 8:45 am for a 9 am shift.

DPW supervisor is responsible for pick up and drop off of the participants for

their shift at 5th/ Market St. CJC Community Service Contact List: Glide Memorial: Elena Alderman [email protected] Phone number: (415) 647-6031 Address: 330 Ellis Street, SF, CA 94102 Intake in room 205. **Once intake is complete days for community service will be assigned. SF Rescue Mission: Clint Ladine [email protected] Phone number: (415) 441-1628 Address: 136 Turk Street, SF, CA 94102 DPW: Marie Chavez [email protected] John Reilly [email protected] Meet at Carl’s Jr. @ the corner of 5th and Market Precita Eyes Mural Project: Cindy Phone number: (415) 285-2287 Address: 2981 24th Street, SF, CA 94110 Monday-Friday 10:30 a.m.–5 p.m.

Community Court Panel

The CJC has referred your case to the Community Court. The Community Court is a panel of citizens who review your case and talk to you about the impact of your actions on the community. The panels meet the last Monday and Tuesday of each month. You must appear at the next Community Court Panel.

Tenderloin Court Panel: 555 Polk Street, 2nd Floor

Date of Next Panel: XXXX

Your next Court date is: ____________________________________________________

Appendix M

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Appendix N

CJC Guidelines December 10, 2009

I. The following Misdemeanor Offenses are to be referred to the CJC

(1) Theft offenses (Penal Code Sections 459, 470,475, 484, 487, 496, 666 and Vehicle Code 10851);

(2) Property Offenses (Penal Code Section 594);

(3) Violence (Penal Code 240, 242, 245 and 417);

(4) Drug Related (H&S 11350(B), 11355, 11357, 11364, 11377, 11550, and

Penal Code 647 and 653;

(5) Disorderly Conduct (including 415, 602, 647);

(6) PC 148 (non-violence related), and other where arresting agencies agrees to CJC referral.

Cases are not appropriate for CJC if they involve (1) drunk driving or other driving offenses, (2) gang allegations, (3) hate crimes, (4) domestic violence, (5) demonstration cases, (6) elder abuse, (7) crimes involving children, and (7) gun cases. II. Only the following Felony Offenses are to be referred to the CJC

(1) Drug Possession cases (H&S 11350, 11357(a), 11377);

(2) Drug sale and possession for sale where the defendant meets the drug court guidelines for admission;

(3) Theft cases (459 (commercial and auto only), 470, 475,487(a), 496; and 666;

(4) Vehicle Theft (Vehicle Code 10851).

Note: In any event, the cases sent to the Community Justice Center must meet the Uniform Crime Charging standards established for all prosecutors i.e., the case will only be charged if, at the time of charging, it can be proven beyond a reasonable doubt.

superior court of california · 2012-07-23 · (see appendix g: organizational chart) the cjc team...

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