1 The Drug Court Phenomenon Miami Experiment 1989: 20 Years of Drug Courts American Judges Association Las Vegas, Nevada September 14, 2009 Judge Jeffrey.

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The Drug Court PhenomenonMiami Experiment 198920 Years of Drug Courts

American Judges

Association

Las Vegas Nevada September 14 2009

Judge Jeffrey Rosinek ret

11TH Judicial Circuit Florida

2

Necessity is the Motherhellip

1980rsquos ndash 120000 new residents in 3 months

Miami Vice ndash Cocaine Capital of the WorldOvercrowded JailsFederal Order controlling Jail

PopulationMiddle Class Kids arrested

3

Innovative Program

A year of Research Wetherington Klein Reno Brummer Goldstein

Collaborative Partnerships ndash Courts Prosecutor Public Defender County Government Department of Corrections Police Agencies Universities Treatment Providers

4

Innovative Program Cont

The Rewards Lower Recidivism Rate for Drug Court Participants Reduction in Crime (addicts commit and

average of 66 crimes per year) Cost Savings ndash local Govrsquot Corrections amp Medical Human Savings ndash Family

5

TEN KEY COMPONENTS

Developed by the National Association of Drug Court Professionals

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1 Integration of Treatment Services

Usually use a multiphased treatment process stabilization

may include detoxification initial assessment for treatment education and screening for other needs

intensive treatmentindividual and group counseling acupuncture

and other therapies as needed

transition phaseemployment education housing aftercare

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2 Non-adversarial Approach

Judge defense and prosecution work together as a team

Teamrsquos focus is on the participantrsquos recovery and law-abiding behavior

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3 Early Identification and Prompt placement

Offers a critical window of time to intervene and introduce the value of treatment

Offers an opportunity to link criminal justice and other treatment systems

Initial appearance before a drug court judge occurs immediately after arrest

Requires eligible participants to enroll in AOD treatment immediately

9

4 Continuum of Treatment and Rehabilitation Services

Drug court is a comprehensive therapeutic experience

Co-occurring problems such asmental illness primary medical problems HIV and

sexually-transmitted diseases homelessness educational deficits unemployment etc

Cultural and gender appropriate services Funding for treatment is adequate and

dedicated for drug court Treatment services are accessible and

accountable

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5 Drug Testing

Frequent court-ordered testing is essential

Testing is to control participantrsquos compliance

Alcohol use contributes to relapse among individuals whose primary drug of choice is not alcohol

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6 Responses to Participantrsquos Compliance

Addiction is a chronic relapsing condition

A pattern of decreasing use before sustained abstinence is common

Cooperation and compliance are rewarded

Failure to comply is sanctioned A continuum of responses is clearly

explained The response of the court is predictable

and swift

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7 Ongoing Judicial Interaction

Ongoing judicial supervision increases the likelihood that the participant will remain in treatment

Regular status hearings are used to monitor participant performance

Time between hearings may be increased or decreased based on compliance

Grouping the participants for single court sessions educates them on the consequences

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8 Monitoring and Evaluation

Process evaluationappraises progress in

meeting goals

Outcome evaluationassesses the extent to

which the program reaches its long-term goals

uses a comparison group that does not receive drug court services

14

9 Continuing Interdisciplinary Education

Interdisciplinary education and training programscreate understanding of shared values

goals and procedureshelp maintain a high level of professionalismprovide a forum for solidifying relationships

between court and treatment personnelpromote a spirit of commitment and

collaborationabide by confidentiality requirements

10 Forging Partnerships

Partnerships generates local support and enhances drug court program effectiveness drug courts public agencies community-based organizations law enforcement and other drug courts

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Helpful Hints for old and new Drug Courts

Educate-drug treatment specialists police govrsquot and attorneys about the court

Be encouraging but realistic about outcomes

Be aware that itrsquos easier staying clean in residential treatment

relapse is more than a possibility for manythe first six months after discharge is the real test

Be flexible hellip Be Holistic

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Significant Issues

Tampering with urine - goldenseal coffee grounds flushing the system with water wizinator switching urine samples

Detecting alcoholInvolving the family (ALANON) - especially

teenagersInvolving significant othersRelapse PreventionldquoPeople Places and ThingsrdquoReporting to Court 12 Step Fellowships ndash AA and NA

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Common Issues

The judgersquos personality a belief that people

can change with support

Housing housing housing

Education education education

Jobs Jobs Jobs AgainhellipPeople

Places and Things Spirituality

Drug Court Works

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Dual-Diagnosis Cases

Mental illness and substance abuse are often intertwined

Diagnosis of co-occurring mental and addictive disorders is difficult

alcohol and drug abuse may mask other symptoms - diagnosis may be difficult until several months into sobriety

Dually diagnosed clients have higher relapse rates

Homeless Population Has Special NeedsHART - Miamirsquos answer

The Facts on Drugs and Crime in America

Our nationrsquos prison population has exploded beyond capacity 1048766 1 in 100 US citizens is now confined in jail or prison Most inmates are in prison at least in large part because of

substance abuse 1048766 80 percent of offenders abuse drugs or alcohol 1048766 Nearly 50 percent of jail and prison inmates are clinically addicted 1048766 Approximately 60 percent of individuals arrested for most types of crimes test

positive for illicit drugs at arrest

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The Facts on Drugs and Crime in America Cont

Imprisonment has little effect on drug abuse 1048766 60 to 80 percent of drug abusers commit a new crime (typically a drug-driven

crime) after release from prison 1048766 Approximately 95 percent return to drug abuse after release from prison Providing treatment without holding offenders accountable for

their performance in treatment is ineffective 1048766 Unless they are regularly supervised by a judge 60 to 80 percent drop out of

treatment prematurely and few successfully graduate

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Monthly Graduations

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Collaborative Programs

HART (Homeless Assessment Referral and Tracking) - residential programs (lsquo96)

Education - Through Miami Dade County Public Schools any GED Literacy Vocational Training Classes are free to Drug Court Clients and their families Miami Service Corp Project [financial support for full time students]

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Collaborative Programs 2

Jobs ndash Transitions Inc Office located on 5th floor of the courthouse

Supportive Housing ndash providing first last and security amp funds for frac12 way and 34 way housing

Friends of Drug Court Inc[501 (C)(3) Not for Profit FlaCorp]

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County Program Diversion and Treatment FlowChart

Arrest -Defendant detained or Bonds out from Jail

Pretrial DetentionCenter (JAIL)Non-bonded arrestee screenedfor eligibility and given Pre Trial Release or Bond-Next day non-released defendants brought to Court-HART -Homeless people earmarked

Drug Court-Appear 830 AM every morning-defense attorneycourt staff and judge explain program (VideoDVD)-Defendant agrees signs speedy waiver and medical release -Sent to Treatment Program of choice (DATP) taken by corrections bus

26

Private Treatment Programs

Defendant has the option to attend the County Program or attend a private treatment program licensed by Department of Children amp Families

The Minimum Requirement for Treatment Two Counseling Sessions per week Two Drug Tests per week (72 hrs apart) and Two 12 Step Meetings per week [AANA

Rational Recovery etc]

Major Issues Rural Drug Courts Face

lack of transportation facilities Rural areas are spread out with little if any public transportation Bus tokens are frequently given to drug court participants Local officials contracted with a local taxi company to provide

transportation One of the tribes purchased a vanbus for this purpose

27

Major Issues Rural Drug Courts Face

Cont

shortage of treatment facilities and other resources Most rural areas have limited substance abuse treatment resources at

best Tailoring these services to meet the individual needs of participants (for

example persons who have mental health conditions who have been sexually abused who do not speak English etc) is usually impossible

So again what is available often dictates who and who does not participate

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Major Issues Rural Drug Courts Face Cont

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lack of ancillarysupport services Most drug court participants are in need of a wide range of support services ndash housing job skill development education employment etc -- to sustain their recovery promote their reintegration into the community

Major Issues Rural Drug Courts Face Cont

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high incidence of methamphetamine is particularly prevalent in rural areas which lend themselves to methamphetamine manufacture Treating the meth addict often requires treating a range of additional medical and dental conditions This becomes a special challenge for rural areas whose resources are limited and access to needed services so difficult to obtain

Major Issues Rural Drug Courts Face Cont

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However in view of the frequent poverty lack of employment opportunities ndash

particularly those that can provide benefits and security rather than simply part-time

hourly wagesmdashsocial isolation and other difficulties of rural life in America ndash

particularly economic and their related impacts on other aspects of life ndash the

problems of drug use treatment and recovery take on a special character In

addition the increasing immigrant populations in many rural areas present the

added need for both court interpreter services and culturally proficient treatment and

other support services

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Rewards - Sanctions

Monthly Bus Passes Affordable housing

loans ndash first last and security

ldquoAll Starrdquo Rewards Gift certificates to

Blockbuster Virgin Records Starbucks

Admission passes to local events

Early placement on Calendar and less frequent court dates

More frequent attendance at court hearings and being called later in the calendar

Greater number of treatment visits per week with more frequent drug tests

Community service hours

Incarceration Immediate Sanction

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Community Participation

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Expansion of Drug Court Concepts- problem solving courts

Adult Drug CourtJuvenile Drug CourtDependency amp Family Drug CourtsMunicipal amp Misdemeanor Drug CourtsDUIDWI Drug CourtCampus Drug CourtDomestic Violence CourtMental Health Court

A Drug Court Within Reach of Every American in Need

I would also ensure that Congress robustly funds prevention and treatment programs like the Second Chance Act Drug Courts and the Drug Free Communities Support Program I co-sponsored the Second Chance Act and have been a proponent of Drug Courts since my days in Illinois and I will continue to support (and in the case of Drug Courts expand) these programs as President President-Elect Barack Obama The Police Chief October 2008

35

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Holistic Approach Non Adversarial Courtroom Evaluation Forms ndash including

drug testing ndashplanned and random

Quick Pickswarrants 12 Step -AANA Rational

Recovery wwwmiamidrugcourtcom wwwfriendsofdrugcourtcom a

501copy(3) corp Florida Association of

Drug Court Professionals and National Association of Drug Court Professionals