A Prospective from the Legal Profession: Opportunity for the Judiciary Judge Jodi

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A Prospective from the Legal Profession:Opportunity for the Judiciary

Judge Jodi Debbrecht SwitalskiWaterford District JudgeCo-Founder RADEOFACT: 1 in 100 U.S. citizens is now confined in jail or prison

FACT: 80% of offenders abuse alcohol or other drugs

FACT: 50% of jail and prison inmates are clinically addicted

FACT: 60% of individuals arrested for most types of crimes test positive for illicit drugs at arrest

FACT: 60-80% of drug abusers commit a new crime (typically a drug-driven crime) after release from prisonWHAT DOES THAT MEAN??Our prison population is EXPLODING!

Imprisonment has little effect on drug abuse!

Accountability is the key!FACT: Unless they are regularly supervised by a judge, 60-80% of addicted offenders drop out of treatment prematurelyTHE PUBLIC HEALTH CRISISSince 2000, 770% increase in treatment for all opiates250% increase in people receiving heroin treatment

Since 2013, twice as many indictments against heroin dealersLast year, double the number of deaths from heroin overdose.

THIS CRISIS DOES NOT DISCRIMINATETaylor died August 31, 2013, after ingesting her uncles allegedly illegally obtained opiate prescription. Her mother died of a heroin overdose in July of 2013.

So what do we do????We must address it as a public health crisis, providing treatment and support, rather than simply doling out punishment, claiming victory, and moving onto our next conviction.- Vermont Governor Peter Shumlin 2014 State of the State AddressDRAMATICALLY INCREASE TREATMENTCONVINCE DRUG USERS THAT GETTING HELP IS A BETTER PATH THAN ADDICTIONCOUPLE ENHANCED TREATMENT AND INTERVENTION WITH EVEN STRONGER, MORE COORDINATED LAW ENFORCMENTPREVENTION!!THE MOST EFFECTIVE JUSTICE STRATEGY ADDRESSING THE DRUG-ADDICTED AND MENTALLY ILL...

DRUG COURTS ARE:DRUG TREATMENT COURTSReduce CrimeSave MoneyEnsure ComplianceRESTORE FAMILIESVOLUNTARYEVIDENCE BASEDTREATMENTACCOUNTABILITYTEAM APPROACHthe building blocks of a drug court.-NDCI, The Drug Court Judicial BenchbookA Treatment Court.. UTILIZES THE 10 KEY COMPONENTSOF DRUG COURTSREVISED JUDICATURE ACT OF 1961 (EXCERPT) - Act 236 of 1961

600.1201Veteranstreatment court; compliance; characteristics; memorandum of understanding; training; participants from other jurisdiction; validity of transfer.

Aveteranscourt shall comply with the modified version of the 10 key components of drug treatment courts as promulgated by the Buffaloveterans treatment court,which include all of the following essential characteristics:(a) Integration of alcohol, drug treatment, and mental health services with justice system case processing.(b) Use of a nonadversarial approach; prosecution and defense counsel promote public safety while protecting participants' due process rights.(c) Early and prompt identification and placement of eligible participants in theveteranstreatment court program.(d) Provision of access to a continuum of alcohol, drug, mental health, and related treatment and rehabilitation services.(e) Monitoring of abstinence by frequent alcohol and other drug testing.(f) A coordinated strategy that governsveteranstreatment court responses to participants' compliance.(g) Ongoing judicial interaction with each veteran is essential.(h) Monitoring and evaluation to measure the achievement of program goals and gauge effectiveness.(i) Continuing interdisciplinary education promotes effectiveveterans treatment court planning, implementation, and operations.(j) Forging of partnerships amongveteranstreatment court,veterans administration, public agencies, and community-based organizations generates local support and enhances veteran treatment court effectiveness.(2) The circuit court in any judicial circuit or the district court in any judicial district may adopt or institute aveteranstreatment court by statute or court rule if the circuit or district court enters into a memorandum of understanding with each participating prosecuting attorney in the circuit or district court district, a representative of the criminal defense bar, a representative or representatives of community treatment providers, a representative or representatives ofveteransservice organizations in the circuit or district court district, and a representative or representatives of the United States department ofveteransaffairs. However, the memorandum of understanding will only be required to include the prosecuting attorney if theveteranstreatment court will include in its program individuals who may be eligible for discharge and dismissal of an offense, a delayed sentence, deferred entry of judgment, or a sentence involving deviation from the sentencing guidelines. The memorandum of understanding also may include other parties considered necessary, such as any other prosecutor in the circuit or district court district, local law enforcement, the probation departments in that circuit or district, the local substance abuse coordinating agency for that circuit or district, a domestic violence service provider program that receives funding from the state domestic violence prevention and treatment board, a representative or representatives of the local court funding unit, and community corrections agencies in that circuit or district. The memorandum of understanding shall describe the role of each party, and the conditions for which the memorandum of understanding must be renewed and amended.(3) A court that is adopting aveteranstreatment court shall participate in training as required by the state court administrative office.(4) A court that has adopted aveteranstreatment court under this section may accept participants from any other jurisdiction in this state based upon either the residence of the participant in the receiving jurisdiction or the unavailability of aveteranstreatment court in the jurisdiction where the participant is charged. The transfer can occur at any time during the proceedings, including, but not limited to, prior to adjudication. The receiving court shall have jurisdiction to impose sentence, including, but not limited to, sanctions, incentives, incarceration, and phase changes. A transfer under this subsection is not valid unless it is agreed to by all of the following:(a) The defendant or respondent.(b) The attorney representing the defendant or respondent.(c) The judge of the transferring court and the prosecutor of the case.(d) The judge of the receivingveteranstreatment court and the prosecutor of a court funding unit of theveteranstreatment court.

Imd. Eff. Oct. 16, 2012

KEY COMPONENT #1Integration of alcohol, drug treatment, and mental health services with justice system case processing.

KEY COMPONENT #2Use of a nonadversarial approach; prosecution and defense counsel promote public safety while protecting participants' due process rights.

KEY COMPONENT #3Early and prompt identification and placement of eligible participants in thetreatment court program.

KEY COMPONENT #4Provision of access to a continuum of alcohol, drug, mental health, and related treatment and rehabilitation services.

KEY COMPONENT #5Monitoring of abstinence by frequent alcohol and other drug testing.

KEY COMPONENT #6A coordinated strategy that governstreatment court responses to participants' compliance.

KEY COMPONENT #7Ongoing judicial interaction with each participant is essential.

KEY COMPONENT #8Monitoring and evaluation to measure the achievement of program goals and gauge effectiveness.

KEY COMPONENT #9Continuing interdisciplinary education promotes effective treatment court planning, implementation, and operations.KEY COMPONENT #10Forging of partnerships amongtreatment court,public agencies, and community-based organizations generates local support and enhances treatment court effectiveness.36Eligible drug-addicted persons may be sent to Drug Court in lieu of traditional justice system case processing.

Drug Courtskeep individuals in treatment long enough for it to work, while supervising them closely.

For a minimum term of one year, participants are:provided with intensive treatment and other services they require to get and stay clean and sober;

held accountable by the Drug Court judge for meeting their obligations to the court, society, themselves and their families;

regularly and randomly tested for drug use;

required to appear in court frequently so that the judge may review their progress; and

rewarded for doing well or sanctioned when they do not live up to their obligations.

Drug Courts Reduce CrimeFACT: Nationwide, 75% of Drug Court graduates remain arrest-free at least two years after leaving the program.

Drug Courts Save MoneyFACT: Nationwide, for every $1.00 invested in Drug Court, taxpayers save as much as $3.36 in avoided criminal justice costs alone.FACT: When considering other cost offsets such as savings from reduced victimization and healthcare service utilization, studies have shown benefits range up to $27 for every $1 invested.FACT: Drug Courts produce cost savings ranging from $3,000 to $13,000 per client. These cost savings reflect reduced prison costs, reduced revolving-door arrests and trials, and reduced victimization.

Drug Courts Ensure ComplianceFACT: Unless substance abusing/addicted offenders are regularly supervised by a judge and held accountable, 70% drop out of treatment prematurely.FACT: Drug Courts provide more comprehensive and closer supervision than other community-based supervision programs.FACT: Drug Courts are six times more likely to keep offenders in treatment long enough for them to get better.

Drug Courts Restore FamiliesFACT: Parents in Family Drug Court are twice as likely to go to treatment and complete it.FACT: Children of Family Drug Court participants spend significantly less time in out-of-home placements such as foster care.FACT: Family re-unification rates are 50% higher for Family Drug Court participants.Our Veterans and the Opiate Epidemic.

Facebook post:I wasn't really aware of the epidemic, until I started seeing posts by Judge Jodi Debbrecht......and then my neighbor upstairs....an 18 year old boy....was found dead of a heroin overdose. Guess it's time to become more educated on the topic.- January 22, 2014"Do not let your fire go out, spark by irreplaceable spark, in the hopeless swamps of the approximate, the not-quite, the not-yet, the not-at-all. Do not let the hero in your soul perish, in lonely frustration for the life you deserved, but have never been able to reach. Check your road and the nature of your battle. The world you desired can be won. It exists, it is real, it is possible, it is yours.

Ayn Rand Quote for Overcoming [email protected] or [email protected]

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