How To Start A Drug CourtHow To Start A Drug CourtHow To Start A Drug CourtHow To Start A Drug Court A Manual Presented At

The South Carolina Association of Drug Court Professionals Third Annual Conference February 4-6, 2001 Charleston, South Carolina

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ACKNOWLEDGMENTS This manual was written by Mitchell B. Mackinem, Drug Court Coordinator, 5th Judicial Circuit Solicitor’s Office and Carson A. Fox, Assistant Solicitor 11th Judicial Circuit, to be presented at the Third Annual Conference of the South Carolina Association of Drug Court Professionals Courts and Community in Partnership in February 2001. The material covered has been gleaned from planning and implementing an adult and juvenile drug court program in both of these circuits. All four programs have been very successful in these communities and continue to provide a viable treatment alternative to incarcerating adult and juvenile offenders as well as relieving the various court dockets of qualifying drug cases. In these circuits, the Solicitor and either a circuit court judge or a family court judge, as well as various treatment providers, have been involved and supportive of these programs from the beginning of the process. This is certainly not intended to be an all- inclusive document on how to begin a drug court program, simply a place to start. We hope that others in South Carolina intending to begin a drug court program may learn from some of our successes and mistakes. The Drug Court Program Office has a national guidelines manual, which can be accessed at their website, www.ojp.usdoj.gov/dcpo.

The Children’s Law Office, Juvenile Justice Resource Center, at the University of South Carolina School of Law as a co-sponsor of the February conference, has edited and published this manual.

To contact Mitchell B. Mackinem, Drug Court Coordinator, 5th Circuit Solicitor’s office, please call 803-929-6189. Carson A. Fox, Assistant Solicitor, 11th Circuit Solicitor’s office, can be contacted at 803-359-8580. The Juvenile Justice Resource Center can be contacted at 803-576-5577.

The Juvenile Justice Resource Center was established under a grant to the S.C. Department of Juvenile Justice, through the Juvenile Accountability Incentive Block Grant Program of the U.S. Department of Justice. This project is supported by the Federal Formula Grant #1JS9807 awarded by the Bureau of Justice Assistance, U. S. Department of Justice through the South Carolina Department of Public Safety. The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following

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program offices and bureaus: Bureau of Justice Assistance, Bureau of Justice Statistics, National Institute on Justice, Office of Juvenile Justice and Delinquency Prevention and the Office for Victims of Crime. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position of the U.S. Department of Justice.

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Table of Contents

Chapter 1 Why do you want to start a drug court program? ----------------------1

Who is leading the effort? -------------------------------------------------1 The planning process-------------------------------------------------------2 Selecting a judge ------------------------------------------------------------3 What model of court do you select? ---------------------------------------4 How often should court be held? ------------------------------------------5 What hour of the day should court be held? -----------------------------5 Who will be in court? -------------------------------------------------------6 Where do you have court sessions? ---------------------------------------6

Chapter 2 Selection of a Program Coordinator--------------------------------------7 Other Court Visits -----------------------------------------------------------8 Selecting a Treatment Provider--------------------------------------------8 Picking a Community Service Site-----------------------------------------9

Chapter 3 Funding --------------------------------------------------------------------- 10 Grants ------------------------------------------------------------------------ 10 Local Funding Sources --------------------------------------------------- 11 Planning Grants---------------------------------------------------------- 11 Fees-------------------------------------------------------------------------- 11

Chapter 4 Screening the Clients------------------------------------------------------ 12 Admission and Exclusion Criteria--------------------------------------- 13 Jail Interviews-------------------------------------------------------------- 14 Office Interviews------------------------------------------------------------ 14 Interview Information------------------------------------------------------ 15 Other Considerations of Admission-------------------------------------- 17 Victim Input ------------------------------------------------------------ 17 Law Enforcement Input ------------------------------------------------- 17 Legal Review --------------------------------------------------------------- 18

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Chapter 5 The Court Process --------------------------------------------------------- 19 Court Presentation ----------------------------------------------------- 19 Arranging Clients ------------------------------------------------------ 20 Orders------------------------------------------------------------------ 20 Intermediate Sanctions and Rewards ----------------------------------- 21 Jail as Punishment ----------------------------------------------------- 21 Community Service------------------------------------------------------ 22 When to Terminate ------------------------------------------------------ 22 Graduations------------------------------------------------------------- 22

Chapter 6 Refinements----------------------------------------------------------------- 24 Advisory Boards -------------------------------------------------------- 24 Community Based Policing ---------------------------------------------- 24 Working with Probation ------------------------------------------------- 24 Making Changes--------------------------------------------------------- 25 Evaluation ------------------------------------------------------------------ 25

Chapter 7 Juvenile Drug Court------------------------------------------------------- 27 Screening Process--------------------------------------------------------- 27 Selecting a Treatment Program and Model ------------------------------- 27 Models -------------------------------------------------------------------- 28 School and Education Issues ---------------------------------------------- 28 Family Issues ------------------------------------------------------------- 29 Wrap Services------------------------------------------------------------- 29 Detention ----------------------------------------------------------------- 29

Appendices A – Job Descriptions for Adult and Juvenile Program Coordinators B – Example of Request For Proposals for Treatment Provider C – Examples of forms used to collect information in adult and juvenile programs D – Examples of Court Orders for Adult and Juvenile Drug Court E – Example of Contract for Professional Services for Treatment Provider

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Why do you want to start a drug court program? There are a variety of motives for starting a drug court program.

mixture of practical and political reasons may incorporate your motives for beginning a drug court program. Practical reasons may include, caseload management, diversion of low risk cases and interruption of the drug crime cycle. Politically, drug courts are popular because they suggest an innovative and humane response to drug crime, which

in some quarters are perceived valuable and in other jurisdictions may be seen as detrimental. In considering starting a drug court you must list all the reasons both practical and political and begin to form your program to meet these needs. This may be tricky since you may need to have a “tough on crime program” and a need to divert youthful offenders. One way to begin to organize is to list all the possible reasons and then rank them by importance. As you develop the program make sure to look at your list and keep your top reasons priority. This activity is also your first step in the evaluation process.

Make a list of all the reasons you are starting a drug court. Prioritize the list. Use the list as a guide as you begin to form your program.

Who is leading the effort? A leader should be interested in an exciting alternative to normal prosecution of cases.

The classic mode for developing a drug court, and other programs, is to form a task force of stakeholders and begin from the grassroots level. In more practical terms, for a drug court to begin you need a powerful person(s) who is committed to starting a drug court. There must be ownership. Drug courts take effort, money, political capital, energy and vision. Someone must take the lead and make the effort. It is important that very early in the process this person is identified. This person may or may not be the person who has directed you to start a drug court. For example, a boss may have heard there will be some money for drug courts and has directed you to start one. This may in turn lead you to a judge who is excited by this alternative and wants to be a part of the process. Here the judge is the leader and the boss a supportive component. It is suggested that the most effective process is to have someone in the courthouse that is excited and willing to put effort into the drug court development. A judge, a solicitor, or a public defender can be considered. A non-court related leader may be more difficult, but not impossible.

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Find a person in the courthouse who is willing to put forth extensive effort, time, energy and political capital into starting the drug court program.

The planning process When starting your planning process, you may want to form a planning team. This team should consist of the key players in the drug court process: the judge, solicitor, defense counsel, treatment provider, probation or DJJ officer, and law enforcement official. The planning team should meet regularly to debate and discuss all of the logistical issues surrounding the development of the drug court program. Remember that each of the members of the team will bring strengths to the table. Capitalize on these strengths. Starting a drug court takes lots of work—rarely, if ever, have professionals from all of these disciplines come together to create an innovation in your local criminal justice system. Many of these people are normally adversaries. Gather your team together in a more informal setting. Assign a leader. In most cases the leader will be the judge. Assign tasks. You should have one person dedicated to the role of drug court coordinator, although no one person can do all of the work. Drug courts are a team effort from the very beginning. Keep in mind that since these people do not normally work in cooperation, they will be resistant. Consider bringing in an outsider familiar with drug courts and the team concept to facilitate your first team meetings. Can you secure funds to send your team to training? Trainings are offered on the state and national levels throughout the year. Have informal meetings outside of the courthouse where people can be themselves, and not locked into the role of prosecutor, defense counsel, etc. And, perhaps most importantly, have good information for the team to share and consider. Let your team know what they are getting into. Several resources can provide you with basic information and statistics on drug courts. Contact the National Drug Court Institute at 1-888-909-NDCI; the Drug Court Programs Office at 202-616-5001; or American University Drug Courts Project at 202-885-2875.

Where is the drug court to be centered?

The idea of centered speaks to practical issues of who is leading the effort, who is paying the bills and where the business will be done. For example, who will be employed in drug court and who will employ them. Where will they be housed? If a person outside the courthouse attempts to run the program then referrals could be difficult. Referrals to the program can make or break the program and the decision on where to center the program certainly affects the referral mechanism. If the drug court coordinator position is hired and housed in the solicitor’s office, the referral process is easier, but coordination with treatment becomes critical.

Determine who will pay the employees and where they will be housed. The center of the program becomes where the employees are housed. The courthouse (solicitor’s office) is recommended to be the center, thus easing the referral process.

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Selecting a judge (s) The right judge is critical to the success of your program.

If a judge emerges as a leader early in the process, then selecting a judge is easy. If not, then there are several options for selecting a judge:

! Circuit Court Judges: An existing circuit court judge is an excellent choice. Availability becomes a problem with a circuit court judge. Judges are often out of circuit for months at a time. Additionally a judge may not be available due to a commitment to a long-term case such as a death penalty case. Smaller counties may not have a circuit court judge.

! Family Court Judges: Juvenile drug courts benefit the most from a family court judge. Family court judges have many of the same problems with availability as circuit court judges. Under a special order from the Chief Justice of the Supreme Court, some family court judges could serve as an adult drug court judge.

! Magistrates: A magistrate is part of the unified court system and this is an advantage. However, they are local county employees and are often in demand. Unless a magistrate is willing to volunteer their time, they need to be paid. This requires additional money and a contractual relationship between the funding source, the county government and the magistrate.

! Probate Judge: They are not part of the unified court system and do not have jurisdiction over criminal matters. With a special appointment by the Chief Justice of the Supreme Court these limits can be overcome. Issue of payment arises unless they volunteer. Probate judges do have experience in dealing with persons with addiction problems and do not rotate through the state. These are real advantages.

! Register of Means and Conveyances: This position is a quasi-judicial official who is an experienced judge. The position carries no criminal jurisdiction and must have a special appointment by the Chief Justice of the Supreme Court. The issue of compensation again arises unless they volunteer. Benefits of this person include being a local resident, a regular part of the courthouse, and experiences in the legal system.

! Special Appointments: A local lawyer, with the approval from the solicitor, and the Chief Justice of the Supreme Court can be appointed a drug court judge. They will have limited jurisdiction but more than enough for the drug court needs. Unless they volunteer they will need to be in the budget, and may require a substantial salary. This may be the most flexible and adaptable option and you have the advantage of selecting a judge that fits well with the program staff.

Consider a full range of alternatives prior to selecting a judge. The critical issue is finding someone dedicated to the idea of drug court and is enthusiastic about the effort.

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What model of court do you select?

These three models are used in different areas of South Carolina

Drug court models are quite different with many variations on three basic models. The three basic models are pre-adjudication/diversion, quasi-adjudicatory, and post adjudicatory.

Pre-adjudicatory is when the defendant enters the program as a diversion from court, with no legal admission or finding of guilt. This could be a straight voluntary method (we do not recommend), as a condition of bond, or under a plea agreement. Lexington County has experienced great success in using the condition of bond method. Using bond has the advantage of giving a sound legal reason to apply intermediate sanctions. Judges are authorized to extend and revoke bond under a variety of conditions and obligations. With a straight diversion, the judge’s legal authority to impose intermediate sanctions is questionable.

Quasi-adjudicatory is built around some admission or finding of guilt, without a final disposition or sentence. In Richland County the client makes a written confession of the crime called a “Stipulation of Guilt”. This stipulation is used to prosecute should the client fail out of the program. The authority to punish also stems from the control of the bond. In some state a client can actually enter a plea of guilty and when they complete the program withdraw the plea. Current South Carolina law does not allow for this.

A post-adjudicatory model is used after a plea of guilty, as a condition of probation, or as a condition of probation revocation. Greenville County uses this model with great success. Both Lexington and Kershaw County drug court programs take probation cases, as a direct sentence or as a condition of a probation revocation. All these arrangements have a very clean legal authority but typically lack the “carrot” of dismissed charges. Greenville County has used a set of methods that provide a guilt plea and, upon completion, a dismissal of charges. The same is true for the Richland County juvenile drug court. Basically the guilty plea is an official recorded event with the court session “suspended” until the client completes the program. Then the “suspended” court action is re-opened and the charges withdrawn. All legal arrangements must be reviewed with the Chief Justice of the Supreme Court to ensure they are legal.

There are three basic models; pre-adjudicatory, quasi-adjudicatory, and post adjudicatory. Specific models depend on the target population, the judge, and the wishes of the solicitor and public defender’s offices. The Chief Justice of the Supreme Court must approve all models.

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How often should court be held?

Consistency becomes the important factor for clients’ success.

The recommendation is to hold court once a week on the same day of the week, from week to week. There are many programs that have court every two weeks, but less often than that is not practical. The decision between once every two weeks or once per week depends on the availability of the judge and other court personnel. Keeping court on the same day and time helps the clients develop the habit of attending drug court. If the court sessions are not consistent, the need for communication and proving the client knew the court schedule increases dramatically.

Choose your preferred schedule, once per week or once every two weeks, and stick with it! Less than this will be non-productive.

What hour of the day should court be held?

A variety of courts operate at different times of the day.

Court can be held during regular court hours or in the evening. If you pick regular court hours you will be very limited in your selection of a judge since the circuit, family, probate and magistrate judges as well as the RMC will be working. Further, they cannot take time away from regular court work for drug court without suffering some consequences from their respective directing authorities. Day courts will also present problems for clients that work a normal work schedule. This applies to adult drug court and for parents that may have children in juvenile drug court. Nationally, many drug courts do operate during normal 9 to 5 hours. Using normal working hours does make the process easier on courthouse personnel, lawyers, law enforcement and treatment providers; however the availability of a judge remains problematic. After hours court requires a greater degree of sacrifice by the personnel involved, but this option makes it easier on the clients and the judge. The judge, facility, treatment providers and client availability are all important issues to consider in selecting a court time.

Select a time for court that provides for a judge and a facility, and that promotes attendance by the court personnel and clients.

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Who will be in court? The model chosen will determine who goes to court.

Let’s start with the obvious. You must have the judge and the clients. After that the options change depending on the drug court model that is chosen. Commonly there is a defense counsel, a representative from the solicitor’s office (perhaps an assistant solicitor), and a treatment representative. These decisions are also based on where the drug court employees are employed. For example, if the drug court coordinator is employed by the solicitor’s office then an assistant solicitor may not be necessary. A prosecuting lawyer is not necessary for a post adjudication model court. Court can be done without a defense lawyer, but questions about protecting the client’s rights may arise. Either a private lawyer or a public defender protects the rights of a defendant. There are some post adjudication models where the presence of defense counsel would not have much value. A diversion type court would definitely need defense counsel present. In considering the presence of treatment staff in court, a single representative from treatment or the entire treatment staff may attend. A single representative is more cost effective and with good communication skills can provide substantial detail about the clients. In the beginning of the process, the largest number of people present is the best rule, and then you can refine this decision with experience.

People attending the drug court sessions depend on the drug court model used. Start with a judge, prosecuting lawyer, defense lawyer, drug court coordinator, and treatment staff. Time and experience will determine the best mix.

Where do you have the court sessions? A real courtroom provides the authority needed for clients to respect the seriousness of the event.

Any courtroom will be fine to use. These include a circuit courtroom, a family courtroom, probate, and city or magistrate courtroom. Court like settings can be used if others are not available, such as a county council chambers. In making the decision you need to consider the convenience of the judge and staff, security, and proximity to the jail. The courtroom setting instills the power of the court and gives the clients a sense of dignity, fear and occasion. Further, courtrooms provide security and the ability of the judge to securely detain clients as an intermediate sanction.

Establishing a location for the drug court becomes critical for the judge and staff in providing security, availability and convenience. A real courtroom should be used if at all possible.

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Selection of a Program Coordinator This person links the world of alcohol and drug treatment and legal community

n Appendix A you will find a variety of job descriptions for the critical positions within drug court. These job descriptions should help outline the duties, although there may be substantial variations depending on the location of each employee. We have recommended that the program coordinator be employed in the courthouse and be a

courthouse staff person. Depending on the size of the program a part-time coordinator could do very well. Someone currently employed in the pre-trial program could do an adequate job with a small program. Their PTI caseload would need to be decreased. The type of person employed in the coordinator position is central. The coordinator is the bridge between two very different worlds, the legal world and the world of treatment. The coordinator needs to be flexible and open to operating in both worlds. In the drug courts in South Carolina, a lawyer, a pre-trial person, and a treatment person have filled this role successfully. The coordinator serves as a go between, translator, advocate and mediator between treatment staff, the attorneys involved, the judge and the clients. A workable knowledge of both systems is very helpful. Since this position is often ill defined and relatively new, the person selected should be a self-starter. They should be able to set their own agenda, schedule their own time frames for tasks and perform competently without supervision. Since supervision may be scarce, they must be trustworthy, conscientious and adaptable. If a lawyer or pre-trial person is to be the program coordinator they may need to spend time with a treatment provider seeing the basics of group counseling, drug testing and learning the common treatment resources around the state. They will need to become familiar with the language of treatment, what it means to have a sponsor, “working the 5th step” and what denial is. This is not to say they become an expert in treatment, just familiar. Conversely, if a treatment person is to be the coordinator, they should spend time in the courtroom. Simply watching criminal trials, plea negotiations and case preparation will help them understand the constraints and language of the courthouse. Again they are not there to become lawyers, but to develop an understanding of the legal community. Depending on the drug court model used, the level of involvement by the different lawyers and the judge, the program coordinator duties could vary widely. Good verbal and written communication skills are vital. Good negotiation and documentation skills are just as important. Finally, the program coordinator often leads the evaluation effort. The coordinator should understand the value of evaluation and has a willingness to collect data and the knowledge to place an importance on that collection effort.

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Selecting a program coordinator is one of the first and most critical decisions in the process. Select the best person possible and be patient to find the right one. Their experience may be less important than the qualities they bring to the job. Trustworthy, self-directed candidates are the ideal.

Other court visits

Collect what may work in you jurisdiction, but don’t try to copy.

It is very tempting, fun and helpful to visit programs that are famous or located in interesting out of state locations. If the funds are available, out of state visits are beneficial. But if you don’t have the funds, visiting in state or various local courts can be just as helpful. There are many courts in South Carolina and each is very different. If you visit one you have not seen it all. There are several programs in North Carolina and Georgia that may be worth visiting and much cheaper in terms of traveling. It is a strong tradition in drug courts to help each other. Feel free to steal as much information, technical assistance, forms, procedures, and experience as you can from other courts. We strongly suggest that you do not copy another drug court. Drug courts are uniquely built to meet the needs of the local jurisdiction. Lexington County or Charleston County drug court processes may not work in Georgetown or Horry County.

Visiting other national courts is beneficial, if you have the money. However, visiting local courts may be cheaper and repeated visits will give you a better feel for the process. Do not copy another court. Make your court meet your specific needs and location.

Selecting a treatment provider

Use a competitive selection process.

After the selection of a program coordinator the selection of the treatment provider is the most important decision a program can make. In Appendix B you will find several Request for Proposals (RFP) that are used to solicit proposals for treatment providers. We highly recommend that in selecting a service provider you use a competitive process. This may be required by your county procurement code. It also ensures an honest overt process of selection. In considering whom to include in the proposal process, make sure you include both private and public agencies. This gives you more options in making the final decision. The treatment providing agency should be a willing partner in the process of staffing cases allowing all participants to have a voice. Part of the “what works” about drug court is that everyone has and is allowed to express an opinion about the client. A provider that approaches drug court treatment as their sole domain would not

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be productive. Conversely, a provider that is willing to become involved in the court aspects of the program is a real advantage. A drug court program is much more demanding of the provider than is commonly understood. Case management and case coordination is intense. The program coordinator will talk to the provider at least several times a week if not daily. Work with a provider that will instill confidence in clients and is willing to engage in this type of intense working relationship. Pick someone you like and can work with. Finally, in selecting a provider, clinical expertise and innovation are signs to look for. The program coordinator is not always in the best position to decide this, so consulting with community advisors is helpful. Talking to customers of the provider, the community reputation, and interviewing the provider are all helpful steps. An innovative program with experience in working with a criminal population is a good target for selection.

Selecting a treatment provider is a critical decision. Take your time. Use an open bidding process. Look at reputation, willingness to partner and a provider that the program coordinator can work closely with.

Picking a community service site

This is an important sanction for the judge and care is needed in the selection process.

Reliability and availability are the important factors in the selection of a community service site. The site(s) chosen needs to be open when they say they are and that will actually work the clients the number of hours that are prescribed. This sounds simple but some sites are more generous than others in work assignments. Some work sites may give clients credit for 6 hours of work after the client has merely sat around for 3 hours. This hurts both the reputation of the program and the value of the sanction. Additionally, you must have a site that is open as advertised and at the times that will allow employed clients the opportunity to work before or after their own job hours. This may always be available. Follow up with the sites; on site visits and listening to the clients will help in proper site selection and maintenance. When considering community service work as intermediate sanctions remember that severity has little to do with behavior change. Intermediate sanctions are like a Chinese water torture. Consistent modestly disagreeable punishment will change behavior in the ling run. It is tempting to “slam” someone to get his attention, but our experience says that drastic behavior change is not likely to happen. Consistency, with no excuses types of punishment will in out in the end.

Pick a community service site that will work the clients consistently for the full time. They must be open at times that fit for people that work. Consistency and reliability are the key ideas.

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Funding

What can you do with little money?

large budget doesn’t guarantee success but can go a long way toward it. Remember that lower cost programs are can be very effective. Personnel and treatment are the two most expensive items. To save substantial money, you can use existing staff to coordinate the program. Drug court as a part of the pre-trial program would solve some

of the expensive staffing issues. In many cases the drug court participants are harder to case manage than regular PTI clients. The treatment costs for each drug court client is expensive. Accessing an existing provider rather than a new start up program would be cost saving. You can try to negotiate with a provider to put the participants in an existing group. This aspect of the funding will be discussed in further detail in the section on treatment. Ideally, treatment is very intense and designed for highly problematic people. You could target less severe people and make services less intense, thus less expensive. Increasing drug testing of the client’s as a means of treatment is cheaper than putting in an extra couple of groups. Less intensive services may result in less success, but may be sufficient for your program needs.

Use existing staff to save money. Accessing existing services instead of buying a new program can save treatment money. Less intensive services may do well with a less problematic population.

Grants

Your jurisdiction may apply for state or federal grants to implement or enhance your drug court program, but keep certain things in mind: grant money is “seed money,” and not intended to fund your program for the long-term; and drug court grants are increasingly competitive (the Drug Courts Program Office only had funds to award one-fourth of the grant applications submitted last year.) For more information on grants, contact the Drug Courts Program Office at 202-616-5001 or at www.ojp.usdoj.gov/dcpo/; or the South Carolina Department of Public Safety, Office of Safety and Grants, at 803-896-8713 (ask for Laura Whitlock) or 803-896-8706 (ask for Ginger Dukes). Once you receive your grant solicitation, read it thoroughly. And when writing the application, follow the directions. Include all required portions of the application. Also, grant solicitations are very structured and organized—your application should be as well. Remember that drug courts are grass roots efforts. Include information on your community. Do not copy someone else’s application. The needs of their community are not the needs of your

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community. And always remember that someone will actually be reading the application. Make it organized and easy to follow. In summary, to increase your chances at receiving funding, (1) Read and follow the directions, (2) Include accurate, local data, and (3) Submit a complete, organized application.

Local funding sources

To stay viable for the long-term, drug courts cannot rely on grant funding. Other, more secure funding sources, must be secured. The time to start planning for long-term funding is now. When you start looking at developing a drug court program, involve all of the agencies impacted by the drug court system. As stated, most drug courts involve the judiciary, solicitor’s office, defense counsel, probation or DJJ office, treatment professionals, and law enforcement. How will your drug court impact these agencies? What can these agencies contribute to your program from their existing resources? Bring the team members to the table; go to your local funding sources (county and city councils); explain what you are trying to accomplish. Drug courts sell themselves because they make sense and save money. For more information on the cost-effectiveness of drug courts, contact the National Drug Court Institute at 1-888-909-NDCI.

Planning Grants

Funding for planning drug courts is available at the state and federal level. For the past five years, the Drug Courts Program Office in the United States Department of Justice (www.ojp.usdoj.gov/dcpo/) has funded grants for jurisdictions to plan drug court programs. Currently, the recipients of these grants attend a national training conducted by the National Drug Court Institute in cooperation with the Drug Courts Program Office. These trainings consist of three workshops attended by the drug court team, where the team members have intensive training in all aspects of planning and implementing a drug court. The South Carolina Department of Public Safety also offers funds for drug court initiatives under several funding streams. For more information on these grants, and copies of the grant solicitations, contact the South Carolina Department of Public Safety, Office of Safety and Grants, at 803-896-8706 (ask for Ginger Dukes), or 803-896-8713 (ask for Laura Whitlock).

Fees

Paying fees for treatment is financially and therapeutically sound.

In our opinion clients paying fees for treatment should not be an option. It is both financially and therapeutically vital that all participants pay fees. With that in mind, fees cannot be a block to admission to the program or continued participation. In setting the fees, the program works best with a modest but regular fee between twenty and thirty dollars per week. Up front money is a bad idea. Allowing that type of payment would bar people that may need the program from getting in. Once a client is accepted and stable, fees should be paid regularly. Failure to pay should result in intermediate sanctions. No one graduates without paying all the fees. One common question is whether the court or the treatment provider should collect fees. This depends on the abilities of the respective parties to handle payments. Collecting fees without a proper accounting system and bonded personnel is asking for trouble. If the coordinator, as an extension of the court, collects fees, the act of payment has a greater legal impact. However,

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paying for the services to the treatment provider gives the client greater ownership in the process that positively affects treatment outcome.

Charge fees between twenty and thirty dollars per week. Regular payment is critical and non-compliance should be punished. Avoid large payments and any up front payments.

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Screening the clients

Use these four criteria to access the best clients for your program.

n screening clients for your program you need to reflect on what you hope to accomplish in the screening. We suggest four criteria: risk, motivation, need and workability.

Risk is simply an evaluation of the chances that this person will go on to commit other crimes while in the program. Of course those with violent criminal histories are excluded. The risk is too high with these clients on many levels. The definition of violent criminal history may differ from jurisdiction to jurisdiction. A client charged with criminal domestic violence might be accepted into one county drug court program, but denied in another county. Extensive criminal histories may be too risky; similarly certain types of crimes may also be considered too risky. In Richland County we do not take clients with housebreaking charges. The solicitor considers these clients too risky for the program. The type of model you have may also change the idea of risk. A post-adjudication model has less exposure than a pure diversion, or pre-adjudicatory court.

Motivation of a client can be tested, and this may be helpful. In screening clients their level of motivation will of course increase their productivity. Knowing this is critical since the first few months that a client is in the program are the most expensive because they are attending group sessions more often than in later phases. Poorly motivated clients are a huge waste of money.

Need becomes an important goal when considering clients that are alcohol or drug addicted instead of a client that is a drug dealer or another non-addicted criminal. A drug addict needs drug court treatment to help solve their legal problems. We also recommend that the program use one of the free or commercially available drug screening instruments to help determine need. A detailed drug use history is also important. This helps identify problems and is a measure of the person’s honesty.

Workability is not easily testable, and relies on a professional evaluation of the client. Can this client find success in our program? Issues of rapport, enthusiasm, and honesty, matched with services and treatment need all come together in making the decision on workability.

Clinical Screening

Any admission must include a clinical screening by the treatment provider. Whether a short, in jail screening, or a long clinical interview in an office, treatment must be a part of the admission process. The clinical interview will help identify clients who have serious mental illness, which

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may exclude their admission. This is a much more common problem than you may think. Additionally, the treatment expertise can help discern motivation and treatment willingness, more than a court based screening.

Every client must be screened as a part of the drug court admission process. The goals of the screening are; risk, need, motivation and workability. Develop forms and screening tools that meet these goals. Individual jurisdictions may have additional goals in screening. The treatment staff must screen all admissions and included in the admission decisions.

Admission and exclusion criteria

Choosing the type of program you want and the target population first will help to determine criteria for admission.

Admission criteria are designed to pick the client you think most likely to succeed in the program and those who need the program the most. At the same time the target population should be selected with the court docket in mind. A great program designed for treatment of people charged with the manufacture of marijuana will not work if you have a limited number of such cases. In the planning process spend a lot of time with the court dockets identifying the frequency of drug crimes and talk with prosecutors of such cases. This will help identify the right population. Special populations that you may wish to consider are pregnant women, addicted nurses, doctors and pharmacists and youthful offenders.

Plan for your target population carefully. Make sure the court docket indicates a need, that prosecutors agree and that you can make a difference. Consider special populations like pregnant and post partum women.

There are some exclusionary criteria that are universal, some that are open to interpretation and many local options. The universal exclusionary criteria include those client charged with violent crimes or a history of violent crimes. Crimes such as armed robbery, rape, criminal sexual conduct, ABHAN are all excluded. Some violent crimes are open to some level on interpretation. Criminal domestic violence may or may not be excluded in your jurisdiction. CDV 1st is a magistrate level offense and could constitute an exclusionary offense even though it is a misdemeanor. Drug trafficking is another universally excluded offense. In such cases the charge is, by statute, a violent crime and reflects a drug dealer. The charge of distribution is open to a degree of interpretation. A program can choose to exclude all such cases or include under limited circumstances. What is sometimes called “buy one get one free” refers to the lowest level of drug dealing where an individual buys a few rocks and then sells some off to cover their own costs. In such cases it is more an addiction strategy and not a profit motive. Local options can include a large range of exclusionary charges and issues. For example, clients charged with 1st degree Burglary are always excluded from the drug court program in Richland County. Offenses such as

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DUIs and drugs at school may always be excluded. A crucial issue in the exclusion of charges is consistency. Bending the criteria in one case but not in other cases leaves the program open to discrimination accusations and equal protection issues.

Be consistent in the application of the exclusionary criteria. Always avoid violent crimes or violent criminal histories. Carefully consider local exclusion options to maximize your local political concerns.

Jail Interviews

Interviewing potential clients in jail can be hazardous, but this is an important population.

Jail interviews are very common and should be planned from the beginning of the program. Jail interviews have many challenges; the first is often the surroundings. Privacy is often unavailable and may be unadvisable for security reasons. The lack of privacy limits the degree of personal information you can obtain. Often you cannot meet face to face with the defendant; visitation booths with no contact barriers are common. This limits the amount of information exchanged and rarely allows for obtaining signatures on forms. It is tempting to avoid going to jail by having the clients transported to the courthouse. This is often a strain on courthouse resources and may not be well received. It is important to remember that jails are often dangerous places and caution should be exercised in any jail visits. Jails are closed communities and often a lot of misinformation is floating among jailhouse lawyers about drug court. It is important to deal with this directly since misinformation can deter appropriate clients. Common sense and experience tells us that those in jail will often promise anything and act willing to be in the program so they can get out of jail. Their motivation is often high, they often claim to have found religion and have plans for staying sober. Judgment and caution are the by-words.

Jail interviews are common and require flexibility on the part of the staff. Short, too the point interviews are needed because of limitation in visitation space and common physical barriers.

Office Interviews

These interviews afford more privacy and opportunity to conduct a more thorough screening.

Office interviews have the huge advantage of being able to control the physical space for the interview. Issues such as privacy, signing documents, and other fine points of interviewing can all be controlled and managed. However, often people who need the program the most are unable to keep appointments for office interviews. Community clients often lack the motivation of the incarcerated client and they may be more questioning and cautious. For these reasons and the

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critical importance of docket management, it is important that such cases not drag on. Firm dates for action should be given to the client on the very first meeting. Failure to meet such dates then excludes their application. As a general rule a client should not be in the application process more than 6 weeks. It is important that drug court not be seen as a major delay in the prosecution timetable. Some programs do keep waiting lists. It is recommended not to have a waiting list, but if one is established then it should be very limited. Waiting lists are a liability since the client is under the domain of drug court with none of the safeguards of services and case management. Thus if any trouble occurs drug court gets the blame.

Office visits are easier because the meeting space can be controlled. Issues of motivation and docket management make it critical that cases be moved quickly.

Interview Information

Information collected in the admission interview is critical for success in the program and for evaluating the program in the future.

Appendix C contains forms that will help with the collection of critical information during the interview. The following are items that should be collected in any interview

# Current criminal charge

# Warrant numbers

# Arresting agency

# Victims (if any)

# Complete criminal history

# History of criminal acts with no arrest

# Complete drug history including:

$ Age of first use

$ All types of drugs tried

$ Money spent on drugs

$ Frequency of drug use

$ Amount of drug use and drug use patterns

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Employment history and education history are also important. Find out if there is any drug use among family members, what the client’s living arrangements are and the marital history. Include information necessary for future evaluation of the program. Also include any information that you may need to make an informed decision regarding admission. Always include obvious items such as identifying and demographic information. The information collected should change with experience and expertise.

Always include information necessary for completing the evaluation of the program. Include any items that you may need to make an informed decision for admission. Be careful not to include everything you can think of, be selective.

Other considerations of admission

Victims Input

All victims should be contacted as part of the admission process. Phone or letter contacts are fine. Always document the contact. If you send a letter make sure to include a stamped envelope to return whatever form you may use. It is recommended that all victims be given the right to refuse or to agree for the client to go to the drug court program. If the victim objects to drug court as an option, then the client cannot be admitted to the program. It is vital that the client is barred from contacting the victim in trying to influence their decision. It has been common experience that victims rarely have a problem with clients entering the program.

Law Enforcement Input

All law enforcement officers involved in the case should be contacted prior to any admission. Again a letter or phone call will be sufficient, and document the contact. Include a stamped return envelope to hopefully ensure a prompt reply. Unlike victims, it is recommended that law enforcement not be given veto authority. It is important to maintain the integrity of the solicitor’s office’s authority over prosecution of the case. Contacting law enforcement is often a quasi-educational process since many officers are not aware of the program. Such contact is a good opportunity to inform officers about the value of drug court.

All victims and law enforcement officers connected to the case should be contacted. Victims should be given the right to veto an admission, but law enforcement should not.

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Legal Review

Make sure you can access a solicitor staff attorney to review cases as needed.

In the beginning all cases should be reviewed by a staff attorney in the solicitor’s office that is assigned to drug court. There are many nuances in the legal process that a lawyer needs to interpret. For example, a charge can be reduced from distribution of a drug to possession with intent to distribute that drug, which may or may not make the client charged an appropriate candidate for drug court. An attorney’s viewpoint becomes helpful. As the program develops, the drug court staff’s experience may free up the staff attorney for other cases. Always seek a legal opinion if there is anything unusual about the case. This is a form of insurance for the program and drug court staff.

As part of the admission process an assistant solicitor should review all admissions. With time and experience this can diminish to only seeking legal opinion on unusual or difficult cases.

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Chapter

5 The Court Process Include a checklist or cheat sheet of what the judge needs to read quickly during the hearing. Decide who will make the case presentations. Arrange seating to your advantage and institute form court orders.

ourt hearings are by nature verbal affairs with little written information read during the hearing itself. A long detailed written account of the clinical and legal issues, progress and concerns about the client are absolutely not what a judge needs. A judge will make more use of a short concise review of the core issues that can be read quickly.

Attendance, drug testing, attitude and some general statement of clinical progress are sufficient for adult drug court. Judges should have files in front of them so they can quickly review the content, should a need arise. Sometimes files can be supplemented with a “cheat sheet” which contains names and short, one-sentence comments.

The judge should use notes that are concise and clearly present the core issues. Avoid clinical jargon and excessive details. Courts are a place of talking, not reading.

Court Presentation There are many variations on the court presentation process. In some courts the program coordinator does all the presenting. In other courts the coordinator calls the cases and the treatment provider gives a more detailed account of the progress made in treatment groups. Other programs use the treatment provider to present the case in its entirety. Several issues need to be considered in making this procedural decision. First, how confidential does the treatment provider want treatment information to be? If the treatment provider conducts the court presentation, confidentiality may appear fragile and the treatment may be seen as an extension of the court. Clients may be less willing to fully engage in treatment if they feel that everything they say will end up in court. If the program coordinator or a lawyer presents the case, the previous conflict may be avoided, however neither of these people may have the detail necessary to answer any specific questions or address specific issues. The decision on these issues may depend on how much like court do you want the drug court to look like. Ideally, there should be some sharing of this role if cases are to be presented in court. In several courts the judge calls the case, reviews notes and makes a decision without any input from anyone in the hearing. The presumption is that all details have been worked out in staffing prior to the hearing. This is a good option if your judge wants to take on this role.

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If the judge wishes, the program coordinator, the treatment provider, a combination of both may make court presentations, or the judge may run the court hearing solely from the bench.

Arranging Clients; seating of family, guests and clients.

Thought should be given to how client’s cases are presented in the court hearing. Drug court has sometimes been called “theatre in the square” making reference to the power of a planned courtroom. Presenting cases by specific treatment phase is a good idea with the newer phases going first. Problem cases may also need to go first, placing priority on the most problematic. Proceeding this way will give everyone in the program an object lesson. Some courts present the good cases and higher treatment phases first and let them leave court early, thus using the procedure as a reward for progress.

It is best that all the drug court people sit together. Sometimes clients use seating as a way to separate themselves from the other clients. This should not be allowed preferably clients all sit together, grouped in phases. In some courts family members sit with the client, and in other courts the family members are segregated. When graduates start to return always give them a place of honor. This re-affirms their accomplishments and new status.

Think carefully about how cases are presented in court. The order of presentation of cases sets a tone and can be used to your advantage to produce an effective overall court experience. Participants need to sit together. Make sure the seating arrangements create the type of court atmosphere you want.

Orders

No action in court is complete until the court orders are filled in and signed. Orders can take a long time to write and process. Therefore, it is a real advantage to have orders that are forms and can be filled out quickly. The judge can then sign them while in court. Such a process will make the work of the court much easier. Additionally, based on recommendations from the staffing, many orders can be completed before the court occurs. The judge can simply sign the orders after the decision or if need be a new order drafted. Orders do quickly consume large amounts of time, so making form orders can be a real advantage to moving the process along in a timely fashion.

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Intermediate Sanctions and Rewards

The goal of rewards and punishments is don’t expect too much.

As an alternative to expulsion all drug courts use intermediate punishments and rewards as a way to encourage proper behavior and discourage violations of the rules. Many programs intuitively believe that punishment will change behavior and strong punishment changes behavior quicker. There is no truth to this premise. Strong or severe punishments do not change the client’s behavior. Punishment works when it is consistent and regular. We come back to the analogy of Chinese water torture, reflecting the long-term nature of the effort. A second common error with the use of punishment is an attempt to place punishment in some type of tight procedure. In other words clients may expect to receive a certain type of punishment from the judge if they go against the rules, and each additional act will increase the punishment. This is also a faulty premise. Guidelines to sanctions are helpful but do not try to restrict the judge by these guidelines. The conditions and circumstances in which violations occur vary and must be considered by the judge in doling out sanctions. Rewards are very useful in changing behavior. Rewards can range from praise, applause and certificates to more tangible rewards like gifts or gift certificates. It is a change to move the culture of the courthouse from solely punishment, to punishment and reward.

Punishment is best used over the long term with careful consideration of the exact circumstance of the offenses. Avoid severity in punishment. Rewards are critical for the success of the program. Rewards will change behavior.

Jail as Punishment

All programs at one point or another use jail as a form of punishment. The legal justification for the use of jail is an important issue to discuss. Jail may be imposed as a revocation of the bond. Programs that are post conviction may not have the legal authority to impose jail as punishment. Any use of jail must be carefully thought out. Jail can either be used immediately or delayed. Delayed jail time is often used for weekend jail stays and is used for those whose behavior warrants jail and has a job. Weekend jail both punishes and allows for continued employment. Immediate jail time means that the judge orders the person to jail and they leave from the courtroom and are taken straight to jail. Of course immediate jail is powerful, and is often the most severe form of sanction except for dismissal. Court orders must be drafted quickly for the judge’s signature. This is critical for those cases that are sent directly to jail from the court session. No one can go straight to jail without a signed court order.

Jail is a common punishment and must be based on sound legal practice. Weekend jail is common for those who are working, while immediate jail is for the most severe violations.

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Community Service

Community service is the most common sanction in a drug court. Community services costs little, provides labor to the community and is very effective in changing behavior over the long term. The most common problem with community service is unreliable sites. Irregular hours, limited supervision and lack of work all pose a serious challenge for community service use. The best scenario is a site that has regular and supervised hours. A site that also keeps reliable documentation of the hours worked is hard to find, but documentation is essential. The key here is that the client must be responsible for the services, and ensuring that the documentation is completed and turned in. This ensures that the client is held responsible and it makes it easier for the site to help with providing the services.

A drug court must have a reliable community service site. Such a site will have adequate supervision, work and accountability.

When to terminate

This is the most difficult decision the team can make concerning a client. A program can live or die based on its reputation as fair, easy or too tough. Early, quick or erratic terminations harm the reputation of a program. However, allowing a client to remain in the program after ongoing problems gives the image that the program is easy. Terminations should happen when all the staff agrees and there is little hope of change in behavior. Terminations should also happen when allowing a client to stay in would be to the detriment of others in the program. In making the decision to terminate you must consider how the action will influence the program, the others in the program and finally the client being terminated.

Terminations are the last step that a program should take with an unworkable client and its use will establish a reputation for the program. It is important to take a long-term view of terminations and only do so when all the options have been exhausted.

Graduations

The decision to graduate a client is a natural outcome of a long process and not a dramatic conclusion. There is often a desire to keep someone in the program since there always seems to be one more treatment issue to deal with, the client may provide security and stability for the group in meetings, court and other aspects of the program. Long-term treatment does produce better results, however one does reach the point of diminished returns. Remaining too long in the program is not productive and is monetarily wasteful, while graduating too soon throws away important work both on the client’s part and treatment staff. Treatment and legal staff opinions become important in this decision. This multiple perspective helps guard against graduating clients too early or keeping a client too long. A program may allow a client to voluntarily continue services. This helps the client to make the transition to a self-sufficient recovery.

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In making graduation decisions, care must be taken not to allow a client to remain too long or graduate too soon. Staff opinions and consensus help ensure a sound decision on when to graduate.

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Refinements

Advisory Boards

hen developing your drug court, strongly consider developing an advisory board. You may refer to this group as your “advisory board,” “steering committee,” or “resource committee.” The name is not important—the function is. Gather together a group of people from your community. Start with your planning team: the judge,

solicitor, defense counsel, treatment provider, probation or DJJ officer, and law enforcement official. Then branch out. Include all branches of the judiciary. Are you planning a juvenile drug court? How about including the resident Family Court judges on your steering committee, and so on. Include several representatives from law enforcement. Not just the sheriffs and chiefs of police, but also the narcotics officers, jail officials, community-policing officers. How about business, religious, school, continuing education, vocational rehabilitation, county and city government, and private bar. When forming your advisory board, include all individuals who can contribute to your drug court. Meet regularly, divide into subcommittees, and report back. Have the judge or solicitor preside over these meetings. You have a wealth of information and resources in your community—why not bring these resources together to work on this valuable new project? Keep this committee informed. Be creative. Some drug courts have newsletters; some have quarterly meetings. Build your drug court to serve the needs of your community.

Community Based Policing

Linkage to law enforcement is critical. Law enforcement should be a part of the planning process. A strong linkage to any community based policing is an invaluable aide. Because they know neighborhoods, a community-based officer may know any client you have in a specific neighborhood. This helps the program with compliance in unexpected ways. The officer can also be a help to the client, if they choose, with other difficult challenges in the community.

Working with Probation

The probation department is probably the best partner in the process. Depending on the model you choose, the program will not work without the probation department. Probation officers that monitor drug court clients need to be informed at all times. Communication is vital. No probation officer likes to be surprised with information concerning a client. Have the treatment provider or program coordinator to meet often with the probation officers that monitor drug court clients. This can help prevent communication problems between all concerned, and can be a powerful motivator to a problem client.

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Include law enforcement in the planning process. If community based policing is available, connect those clients with the appropriate officer. Close frequent communication with the probation staff is helpful. Joint meetings with the client involved are a powerful motivator.

Making Changes

No program is written in stone. Do not be afraid to make changes as you go. A great plan may not work as anticipated. This could mean changing your target population, the intake procedures or the program design. Sometimes the treatment provider may not work out. Procurement codes may require a change in providers in order to meet with low bid results. Making a change in treatment providers is very difficult. The clients may feel abandoned by the old provider and may not trust the new provider. There may be a time that the treatment provider will have to change to maintain the integrity of the program. The program coordinator needs to ensure a clean smooth transition. Keep the clients informed, no one likes a surprise. Be ready for complaints and do not over react to them. Finally, make sure that the same high expectations are followed for client behavior that has been present all along. Any slackening of such expectations may lead to client failure.

Plan for changes in your program. They are inevitable and should not be considered a problem, but as a normal part of program development. When making a change in treatment providers do so quickly and with considerable discussion with the clients. Do not lower expectations, if anything become stricter.

Evaluation

Program evaluation is important from the very beginning of the planning process.

Without an evaluation your program is dead. Developing an evaluation tool is a difficult and technically challenging process. If funds are available hiring an outside evaluator is an excellent addition. Without funds, there are many small things you can do. Every drug court is going to live or die on the issue of recidivism. Recidivism is an important measure however there are other core measurement standards. In the Richland County program we measure how many jail beds per day (money the county pays for jail space) are saved. This measurement saves the county money, which in turn they allocate to run the drug court program. Conducting a drug court program is cheaper than paying to house clients in jail. In other counties they may measure how many more healthy babies that are born than drug addicted babies because they have a drug court program. Whatever the goal may be for your program, the goal must be important to those who have money to fund the program. Collecting data for those entities is vital to show that your program is making a difference. Have a computer to collect and store your data. Spreadsheets are an easy manner of collection. Keep track of who applied to the program, which was accepted,

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and the termination status of everyone in the program. Reach out to your local college or university. There are students that need this kind of program for a master’s thesis or a Ph.D. dissertation. If the data is being collected, you may attract a quality student to do some of the statistical work. It also may be fairly cheap to hire someone to complete the statistical work, if other options don’t pan out.

You must have an evaluation component. An outside evaluator may be your only option, but this can be expensive. Make sure that data collected will interest possible funding sources. Describe your goals surrounding those issues. You data collection should be on a computer. A simple spreadsheet or data base program will be sufficient.

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Juvenile Drug Court

ith little surprise to anyone that works with the adolescent population, juvenile drug courts are radically different than adult drug court. Education, families, developmental stages, legal and social issues are numerous, which make he treatment and management of the juvenile drug court cases more intense. In Richland County,

having experienced the adult court prior to beginning the juvenile drug court was very beneficial. We had a beginning understanding of some of the pitfalls to avoid. The experience with the juvenile drug court has shown us that adolescents have the greatest potential for long-term benefit and is a more cost-effective strategy when compare to incarceration. What follows is only a brief outline for the juvenile drug court. Each topic could be a book unto itself.

Screening Process

This process may be dependant upon how cases are processed in your county. With adults the jail can serve as a good foundation for client screening, this is not the case with juveniles. Few juveniles that are detained will be eligible for the program. Likewise the family and the juvenile themselves are not a reliable referral source, in the first year or so of the program. Juveniles do not show overt signs of drug problems and addiction, as might be seen with adults. Finally, the timeline between arrest and prosecution can be very short in many jurisdictions. Screening must be quick and include some type of testing to identify appropriate candidates. Screening can be effectively handled by the Department of Juvenile Justice at arraignment or intake, or by the defense counsel. It is absolutely critical that these people be a part of the referral process and is actively looking for candidates. Drug testing or some screening instruments like the SASSI (Substance Abuse Subtle Screening Instrument) are important and should be widely used to help determine who may have a substance abuse problem. Such a test can be given earlier in the screening process.

Cultivate a strong working partnership with DJJ, defense counsel and the juvenile PTI to identify appropriate candidates for the program. You must do some type of testing to identify substance abuse problems.

Selecting a treatment program and model.

In looking for a treatment program to work with the youth go with experience. Juveniles are different than adults and you must have staff that knows the difference and is willing to provide a

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program designed for juveniles. Previous experience and a track record are good characteristics to look for. Additionally you want a program that is willing to be flexible. Be wary of programs that show good experience and offer you only what they have done elsewhere. Many juvenile programs have had to stop and revise their approach after some experience. You must have a partner who is willing to change with experience.

Flexibility and experience are the two driving characteristics in picking a treatment program.

Models

Because of special legal limitations almost all juvenile programs are going to involve some finding of delinquency by the family court. This means the juveniles have been adjudicated. A pure diversion model will not work since the court will have no jurisdiction over the youth. Therefore, in designing your program make sure you closely consult with a family court judge. How best to adjudicate the juvenile delinquent, and move toward the benefit of dismissed charges or expungement is tricky and needs to be carefully considered. The juvenile’s parents, the prosecuting attorney, and the defense counsel must be in court.

All juvenile courts in South Carolina are going to require some finding of delinquency. This means all the juveniles will have to go to court. Work very closely with a family court judge from the beginning to carefully examine the legal process. Consultation with the Supreme Court is advisable.

School and education issues

The large majority of kids that will participate in the program will have school and academic problems. You must plan for this right from the beginning. First, you must develop a close relationship with school officials, especially the district official in charge of discipline. Second, you must plan on providing the school support in the day-to-day management of these children. Officials will be supportive if they feel the program will help the student in school life. Third, plan on tutoring. Many of these juveniles are way behind academically and need help to catch up. Access some tutors at the school level. Finally, develop alternative school placements. Some of the juveniles, despite everyone's best effort, will not make it in the public schools. Setting homework hours, checking on school, behavior and grades and rewarding academic accomplishments are all actions that can be taken to support the school.

Make sure school officials, principals, and teachers are part of your planning process and active partners in the program. Plan on providing regular academic support to the clients in your program.

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Family Issues

Families are often blamed for the problems of a juvenile. Often this blame is misplaced. Some families are dysfunctional, other families are overwhelmed and stretched to their limit, and many families are successful with their children except for the child in the program. In short, families come in all styles and shapes and are not the universal source of all the juvenile's problems. Families are an important component of any juvenile drug court program. If the parents are happy with the services and support they receive they will be more supportive of the court and treatment staff. Design services and courts that will hold the parent accountable but also gain the family's confidence and support. Simply listening and valuing the parent’s comments will often achieve this support.

Make families and parents a valued part of your program. They will be with the child long past the program. Therefore, design services that will support and improve the family.

Wrap services

Juveniles need more that just group counseling. Treatment and case management services must include a wide range of services and activities to meet the needs of the youth. Wrap services then is a term to cover this wide array of services. From eye -glasses, to sports activities, the program needs to be prepared to fill the need. In practical terms this means budgeting for these various incidentals and services. When needed the program can buy glasses, hire a cab or buy a basketball.

Juvenile need a wide range of services beyond group counseling. Budget for the unusual and be prepared to meet the needs of the youth whether it is psychiatric counseling or a trip to the lake.

Detention

Locking a child up is one of the sanctions available for punishment of the juvenile. Community services, writing papers, and curfews are more common sanctions. If detention is one of the actions your court is planning to take, you must contact your jail and Department of Juvenile Justice. How exactly the child will be transported, who will hold the youth and the costs of such action are important. Legally, locking them up is a determinant sentence for contempt of court. The "how to" of locking them up is more complex. There are sight and sound separation issues for jails, transportation issues for sheriff’s deputies and the expense to consider.

If detention is a possible sanction you must consult with your jail and local Department of Juvenile Justice early in the planning process and often.

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APPENDIX AAPPENDIX AAPPENDIX AAPPENDIX A

JOB DESCRIPTIONS FOR ADULT AND JUVENILE DRUG COURT PROGRAM COORDINATOR

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APPENDIX BAPPENDIX BAPPENDIX BAPPENDIX B

EXAMPLE OF REQUEST FOR PROPOSAL FOR TREATMENT PROVIDER

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APPENDIX CAPPENDIX CAPPENDIX CAPPENDIX C EXAMPLES OF FORMS TO COLLECT INFORMATION IN ADULT AND JUVENILE DRUG COURT PROGRAMS

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APPENDAPPENDAPPENDAPPENDIX DIX DIX DIX D EXAMPLES OF COURT ORDERS FOR ADULT AND JUVENILE DRUG COURT

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APPENDIX EAPPENDIX EAPPENDIX EAPPENDIX E EXAMPLE OF CONTRACT FOR PROFESSIONAL SERVICES FOR TREATMENT PROVIDER