Sandoval County Juvenile Drug Court Policies and Procedures Manual Updated March 31, 2010
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INDEX
1. Mission Statement
a. Vision
b. Values
2. Drug Court Structure
a. Drug Court Team
b. Drug Court Advisory Board
3. Client Intake
a. Eligibility
b. Referral Process
c. Assessment Process
d. Entrance Process
4. Program Design
a. Program Length
b. Orientation
c. Program Phases
i. Phase Zero (Detox)
ii. Phase 1
iii. Phase 2
iv. Phase 3
v. Phase 4
vi. “Limbo”
vii. Inactive Status
viii. Time Credit for Residential Treatment
d. Graduation
e. Termination (Voluntary / Involuntary)
i. Termination Process
f. Treatment Design
g. Case Management
h. Drug Staffings / Sessions
i. Client Supervision
j. Drug and Alcohol Testing
i. General Information
ii. Observation
iii. Phase Testing
iv. Random Testing
v. Weekend Drug Testing
vi. Negative (Clean) Tests
vii. Positive (Dirty) Tests
viii. Alcohol Metabolite (EtG or EtS) Testing
ix. Missed Tests
x. “Flushed,” Diluted, or Altered Urine Samples
xi. Technical Dirty UA’s
xii. Continued Positive Samples
k. House Arrest / Curfews
l. Electronic Monitoring
i. SCRAM Bracelets
ii. Community Custody Program (CCP)
m. Incentives / Sanctions
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n. Education
i. Educational Plan
ii. School Attendance
iii. School Behavior
iv. Tutoring
v. GED Programs
vi. Secondary Education
o. Restorative Justice
i. Orientation
ii. Graduation Circle
iii. Termination / Re-entry
iv. Major Incidents / Violent Crimes
p. Santa Fe Mountain Center
5. Ancillary Support Systems
6. Record Keeping System
7. Management Information Systems
8. Confidentiality
a. Confidentiality Guidelines
9. Appendix
a. Referral Form
b. Drug Court Participation Agreement
c. Order Remanding Matter to Substance Abuse Court
d. Order Joining Parents Party to Petition
e. Waiver of Legal Rights
f. Client Exit Interview
g. Drug Use and Testing Observation Agreement
h. ETG Contract
i. Electronic Monitoring Agreement
j. Ankle Monitor Instructions
k. Sobrietor Instructions
l. Sanctions Grid Phase 0
m. Sanctions Grid Phase 1
n. Sanctions Grid Phase 2-4
o. Federal Confidentiality Policy Agreement
p. Drug Court Team Weekly Confidentiality Agreement
q. Thirteenth Judicial District Transportation Policy
r. Client Handbook
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1. Mission Statement
The Sandoval County Juvenile Drug Court is a program designed to address the
individual needs of Sandoval County juveniles in the legal system who struggle with drug
and alcohol abuse. The program uses multiple interventions including drug testing,
counseling, regular court appearances, and educational opportunities that are centered on
the skills necessary to maintain a clean and sober lifestyle.
a. Vision
The Sandoval County Juvenile Drug Court Program aspires to reconnect its participants
to their family and community through a collaborative approach to treatment and
rehabilitation. This is established through community alliances with schools, businesses,
state and local governments, and Juvenile Probation and Parole to:
Help Sandoval County Juveniles live a clean and sober lifestyle.
Reduce or eliminate recidivism.
Encourage and facilitate education and employment.
b. Values
The Sandoval County Juvenile Drug Court Program honors the following principles in all
aspects of its prevention initiatives:
Family oriented educational and maintenance programs that create healthy
relationships for offenders.
Educational and vocational training that builds skills necessary for an
increasingly complex society.
Individualized strength-based recognition/approach that allows
participants to create positive goals relating to their interests and talents.
Intervention philosophy that serves participants with positive rewards and
incentives for successful completion of program requirements.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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2. Drug Court Structure
a. Drug Court Team
The Sandoval County Juvenile Drug Court Team is the decision maker for the program
and its participants. The Drug Court Team is made up of many members including: the
Drug Court Judge, Drug Court Special Master, Program Coordinator, Drug Court
Probation Officer, Drug Court Administrative Assistant, Public Defender, Children’s
Court Attorney, and representatives from our treatment provider, Juvenile Probation and
Parole, schools, law enforcement, and Juvenile Community Corrections.
The Drug Court Team makes decisions regarding the client’s progress in the program,
including incentives, sanctions, moving phases, graduation, and termination. The Drug
Court Team meets prior to each Drug Court session to discuss and review all the client’s
progress for that week and to determine what actions if any will be taken during the Drug
Court session.
The following are collaborative partners of the Drug Court:
Drug Court Judge/Special Master: This person shall act as Judge during all Drug Court
sessions and issue Orders of the Court. The Judge/Special Master shall preside over all
Drug Court sessions and shall attend staffing meetings with the team.
Program Director: The Program Director is responsible for the day-to-day running of the
Drug Court Program. This person is responsible for the collecting and maintaining of
program data and the database, all financial and progress reporting, budgeting, contract
writing and monitoring, procurement, creating forms, handbooks and other written
documents. The Director shall also oversee and supervise drug court staff. The Director
shall attend all Drug Court meetings, in addition to scheduling and attending weekly team
business meetings.
Drug Court Probation Officer: The Drug Court Probation Officer supervises the Drug
Court clients. His case management role is necessary in coordinating all aspects of the
client’s probation in conjunction with the Drug Court Program. The Drug Court
Probation Officer attends Drug Court sessions and staff meetings, and is responsible for
drug testing, maintenance of probation documentation, reporting violations of probation
to the Drug Court team, and monitoring implementation of sanctions, treatment, and all
other aspects of the client’s probation.
Drug Court Administrative Assistant: This person works closely with the drug court
probation officer and program director. This person is responsible for the data entry and
file maintenance of the program, meeting minutes, and other office duties as assigned.
Drug Court Public Defender: The Drug Court Public Defender orients the client at the
commencement of the Drug Court program and is responsible for representing the
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client’s rights in court and during the staff meetings. This attorney is present at all the
Drug Court staffings and at the Drug Court sessions.
Children’s Court Attorney: The Children’s Court Attorney may attend Drug Court
sessions, and Drug Court Team meetings. This attorney is responsible for filing petitions
of delinquency and to revoke probation, reviews court orders, and all other aspects of the
Drug Court that would be of a prosecutorial nature.
Treatment Provider Representative: The treatment representative is responsible for
reporting the client’s progress in all areas treatment related. The representative attends all
Drug Court sessions, Staffings, and business meetings.
Therapists: Client therapists may attend either Drug Court staffings or actual Drug Court
Sessions to report client progress in treatment and to discuss recommendations for future
treatment.
Surveillance Officer: Surveillance Officers are contracted employees who are responsible
for evening, weekend, and holiday monitoring of a client’s compliance with house arrest
and curfew, as well as random drug and alcohol testing.
Juvenile Probation and Parole Officers (CYFD): JPPO’s are responsible for the client’s
compliance with the Court’s orders of probation. The Drug Court Probation Officer and
the assigned JPPO work closely together to supervise clients and ensure compliance with
probation and all court orders.
Case Managers: Case Managers are responsible for assisting clients in the areas of
educational and career related goals, as well as assisting clients in the their daily life and
social skills.
Juvenile Community Corrections: JCC workers assist with supervision of clients in the
community as well as assisting clients with case management services.
Other Team Members: Other team members representing schools, law enforcement, and
other agencies assist with the decision making process based on individual expertise in
their fields.
b. Drug Court Advisory Board
The Drug Court Advisory Board is comprised of a large group of volunteer
representatives from the community and also includes the members of the Drug Court
Team. They are stakeholders and make general decisions regarding the Drug Court
program. This board meets on a quarterly basis.
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_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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3. Client Intake
a. Eligibility
Screening for entrance into the program is available only for those clients who:
Are between the ages of 12 and 18.
Have been referred to Drug Court and have committed a delinquent offense under
New Mexico State Law that is drug/alcohol related, or there must be reason to
believe that drugs played a role in the commission of a non-drug offense
-Or-
Have been referred to Drug Court and have committed a non-drug/alcohol related
act, but has had continued substance abuse use while on probation, or other
informal or outpatient substance abuse counseling has not been effective.
Have completed a preliminary inquiry with the Juvenile Probation Department,
and have had a petition of delinquency filed upon them in the Children’s Court.
Have current or prior arrests/adjudications for felony or misdemeanor offenses.
Have as part of their probation agreement, an Order requiring that they will attend
and successfully complete the Drug Court Program, or have been ordered to
comply with a Drug Court Assessment as part of their Conditions of Release.
Client and parents/guardians/custodians must be willing participants.
Have been screened and assessed by a licensed counselor and determined they are
appropriate for the Drug Court.
Have been screened and accepted into the program by the Drug Court Team.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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b. Referral Process:
The Sandoval County Juvenile Drug Court will utilize a post adjudication process. The
client must have a petition of delinquency filed in the Children's Court charging them
with a delinquent act. Subsequent to the filing of a petition by the Children's Court
Attorney, a motion will be filed to join the parents as parties to the petition.
i. Post-Adjudicatory Referral Process:
At the juvenile’s disposition hearing, or following a plea and disposition agreement at the
juvenile’s pre-trial hearing, the District Court Judge may order the juvenile to comply
with a Juvenile Drug Court Assessment and follow all recommendations of that
assessment. Following the assessment order, the assigned Juvenile Probation and Parole
Officer will compile the following information and forward to the Juvenile Drug Court
Coordinator:
Sandoval County Juvenile Drug Court Referral Form;
Release of Information to Sandoval County Juvenile Drug Court;
Release of Information to current contracted treatment provider;
Current Probation Agreement;
Current Chronological Offense History;
Any past mental health assessments, evaluations, and/or Baseline
Assessments.
Upon receipt of the referral, the Juvenile Drug Court Coordinator will forward the
referral to the current contracted treatment provider who will then contact the client and
his or her parent/guardian/custodian to schedule the assessment as soon as possible. Upon
the completion of the assessment, the treatment provider will forward charging
documents of all referrals to the Drug Court Team for vote on acceptance or rejection.
Treatment provider will make a presentation to the Drug Court team of the assessment
tests done on the child and answer any questions. Any Drug Court team member may
present information regarding the client to assist in the process. Once the presentation is
completed, the Drug Court Team will conduct a vote and a majority is needed for
acceptance or denial. If the client is accepted he/she will appear at the next available
Drug Court session for orientation.
ii. Pre-Adjudicatory Referral Process:
After the filing of a delinquency petition and the juvenile’s first appearance in District
Court, the Judge may order a Drug Court Assessment as part of the client’s conditions of
release. If an assessment is ordered prior to disposition, the client will complete the
assessment as ordered by the court and the same process for a post-adjudication referral
will be followed. If the client is accepted into the program by the Drug Court Team, the
client will be offered the chance to start the program voluntarily prior to his or her
disposition hearing as part of the client’s conditions of release. If the client chooses not to
participate or violates the conditions of his or her release, then the assigned Juvenile
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Probation and Parole Officer will be contacted to request a Motion to Review the
Conditions of Release in front of his or her assigned District Court Judge.
iii. Probation Violation Referral Process
If at any time during the client’s probation period it is determined that the need for a
Drug Court Assessment is necessary due to continuing substance abuse issues, the
assigned Juvenile Probation and Parole Officer may make a referral to Drug Court only
after the following has occurred:
a. A probation program change is made to reflect that a Drug Court
Assessment is to be completed, or
b. At the client’s First Appearance for his or her Petition to Revoke
Probation a Drug Court Assessment is ordered as part of their
conditions of release.
After a probation program change, or it has been ordered as part of the client’s conditions
of release, the same referral process for post-adjudicatory clients will be followed.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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c. Assessment Process:
The current licensed treatment provider will receive the documented referral from the
Drug Court Coordinator. Upon receipt of the referral the treatment provider will make
telephone contact with the family within 24 hours to schedule an assessment time that
will accommodate the family’s needs. If the client is in detention, the assessment will be
conducted within 48 hours.
Upon completion of the assessment treatment recommendations will be given to family
immediately following the assessment. At the time of the assessment, a Release of
Information will be completed to provide the assessment to both the Drug Court and the
Juvenile Probation Officer.
Upon completion of the assessment it will be faxed directly to the Drug Court
Coordinator and the Juvenile Probation Officer. The assessment will then be taken to the
next Drug Court staffing for presentation. The Drug Court Team will then vote to
determine acceptance into the program based on the assessment and all known
information regarding the client. The Drug Court Team will then inform the client of the
start date if accepted into program. If the client is rejected from the program the client
will be referred back to Juvenile Probation.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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d. Entrance Process
After the Drug Court team has made a final determination to accept the client into the
program, the client, parent, and assigned Juvenile Probation and Parole Officer will be
notified of the decision. The client and parents will then be notified to appear at the next
available Drug Court session for orientation. The parent and child will attend an
orientation with the Drug Court Public Defender to sign legal papers and to have the legal
aspects of the program explained. The client and parents will then sign the Drug Court
Participation Agreement and any and all applicable necessary waivers. The client and
parent will then appear before the Drug Court Judge for the client’s orientation, the Drug
Court Public Defender must represent the client during this process. The client will be
formally placed in the program following these two orientations. The child and parent
will then attend an orientation with the Drug Court Probation Officer or Coordinator to
review the provided program rules and expectations while in the program.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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4. Program Design
a. Program Length
The minimum length of stay in the Sandoval County Juvenile Drug Court is 7 ½ months.
However a client’s length of stay will vary depending on compliance with the program
requirements and rules, as well the extent of client and family participation. Clients with
minimal needs and maximum compliance may finish the program in the minimum
amount of time. Clients with severe substance abuse, mental health, educational,
vocational, pro-social, and/or family needs may require a longer time of intensive
intervention in the program. Clients are expected to finish the program prior to the
expiration of their probation. The Drug Court Team may ask Juvenile Probation to
request the Children’s Court Attorney to file a petition to revoke the client’s probation if
he or she fails to finish the program prior to their probation expiring or if non-compliance
with program rules will prevent him or her from finishing prior to their probation
expiration.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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b. Orientation
Orientation into the Sandoval County Juvenile Drug Court Program is held before the
client’s first Drug Court session. The client and parent/guardian/custodian meet with the
Drug Court Public Defender. At this time the client and parent/guardian/custodian are
informed of their basic rights and complete and sign the necessary Drug Court forms. The
client is then given a Client Handbook, which details the rules and policies of the Drug
Court and the specifics of the program. Clients are informed that participation in the Drug
Court program is not voluntary and is court ordered. Following orientation the client and
parent/guardian/custodian then appear before the Drug Court Judge for their initial Drug
Court session.
Clients and their parent/guardian/custodian also attend an orientation session with the
Drug Court staff following their first Drug Court session. At this time the rules and
specifics of the Sandoval County Juvenile Drug Court Program will be explained in detail
and the client and parent/guardian/custodian will have the opportunity to ask any
questions.
Clients will also meet with a representative from the current contracted treatment
provider to arrange all their treatment sessions.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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c. Program Phases
i. Phase Zero (Detox)
A client is placed in Phase Zero at their entrance to the program when their initial
drug test comes back positive for alcohol, drugs, or some other illegal substance.
Clients will remain in Phase Zero until they test clean from alcohol, drugs, or
other illegal substances. Once a client tests “clean” they will be placed in Phase
One at the next Drug Court session.
Requirements:
Length: Until the client tests “clean.”
Court Attendance: Clients and Parents/Guardians/Custodians are required to
attend every Wednesday.
Curfew: House Arrest
Counseling: Clients will attend a minimum of one Individual Counseling
appointment per week. Clients and/or Parents/Guardians/Custodians may also be
required to attend additional sessions and/or types of counseling based on their
treatment plan.
Case Management: Clients will participate in Case Management as required by
the Drug Court Team and/or current treatment provider.
Drug Testing: Clients will test with Phase One clients in accordance with the
policy and procedures for Drug and Alcohol Testing.
Client’s who enter the program with a positive urinalysis for Cannabinoids
(Marijuana) will remain in Phase Zero longer that those that test positive for other
drugs. The following procedure will be used to monitor continued marijuana use
by clients in Phase Zero:
Phase Zero - THC levels will only be used to monitor new marijuana use
when a client is in Phase Zero of the program. Clients in Phase Zero who
continue to test positive for marijuana will have their samples sent to the
current contracted lab to determine “normalized THC levels.” Samples that
return with at least a 50% increase in the normalized THC level will be
considered new marijuana use by the client and he or she will be subject to
sanction at the next drug court session.
If it is determined that a client has been continuing to use any drug or alcohol
after their initial urinalysis, the client will remain in Phase Zero and be sanctioned
according to the Sanctions Grid for Phase Zero. Sanctions may include placement
at the Day Reporting Center or in detention until the client tests clean from all
substances or drugs.
Requirements to Advance to Phase 1 :
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1. Client must have a clean (drug and alcohol free) urinalysis.
2. Clients will also begin to work on Phase Two requirements while in Phase
Zero.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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ii. Phase One
Requirements:
Length: Minimum of Four Weeks
Court Attendance: Clients and Parents/Guardians/Custodians are required to
attend every Wednesday.
Curfew: House Arrest
Counseling: Clients will attend a minimum of one Individual Counseling
appointment per week. Clients and/or Parents/Guardians/Custodians may also be
required to attend additional sessions and/or types of counseling based on their
treatment plan.
Case Management: Clients will participate in Case Management as required by
the Drug Court Team and/or current treatment provider.
Drug Testing: Clients will test in accordance with the policy and procedures for
Drug and Alcohol Testing.
Requirements to Advance to Phase Two:
1. Four weeks of continuous sobriety.
2. Completion of Client Entrance Interview.
3. Completion of Orientation Circle.
4. Completion of Strengths Inventory.
5. Completion of a treatment plan that is approved by their therapist.
6. Completion of a letter to the Drug Court Judge/Special Master to request Phase 2,
approved by their therapist, and presents it in Drug Court.
7. Completion of Phase 2 checklist.
8. Approval of Drug Court Team.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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iii. Phase Two
Length: Minimum of Eight Weeks (Clients must have 4 weeks continuous
sobriety prior to moving to Phase Three).
Court Attendance: Clients and Parents/Guardians/Custodians are required to
attend every other Wednesday (Clients and Parents/Guardians/Custodians are
required to attend the Drug Court session following a sanction and the next Drug
Court session to insure the client completed the sanction).
Curfew: 8 PM Sunday through Thursday, 9 PM Friday and Saturday
Counseling: Clients will attend a minimum of one Individual Counseling
appointment per week. Clients and/or Parents/Guardians/Custodians are required
to attend one group counseling session per week. Clients and/or
Parents/Guardians/Custodians may also be required to attend additional sessions
and/or types of counseling based on their treatment plan.
Case Management: Clients will participate in Case Management as required by
the Drug Court Team and/or current treatment provider.
Drug Testing: Clients will test in accordance with the policy and procedures for
Drug and Alcohol Testing.
Requirements to Advance to Phase Three:
1. Minimum of eight weeks in phase with a minimum of four week continuous
sobriety prior to moving to Phase Three.
2. Completion of a “Triggers” Pattern paper, approved by their therapist, and
presented to the Drug Court Judge/Special Master in court.
3. Completion of a letter to the Drug Court Judge/Special Master to request
Phase 3, approved by their therapist, and presents it in Drug Court.
4. Completion of Phase 3 checklist.
5. Approval of Drug Court Team.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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iv. Phase Three
Length: Minimum of Six Weeks (Clients must have 4 weeks continuous sobriety
prior to moving to Phase Four).
Court Attendance: Clients and Parents/Guardians/Custodians are required to
attend once every three weeks (Clients and Parents/Guardians/Custodians are
required to attend the Drug Court session following a sanction and the next Drug
Court session to insure the client completed the sanction).
Curfew: 10 PM Sunday through Thursday, 11 PM Friday and Saturday
Counseling: Clients will attend a minimum of one Individual Counseling
appointment per week. Clients and/or Parents/Guardians/Custodians are required
to attend one group counseling session per week. Clients and/or
Parents/Guardians/Custodians may also be required to attend additional sessions
and/or types of counseling based on their treatment plan.
Case Management: Clients will participate in Case Management as required by
the Drug Court Team and/or current treatment provider.
Drug Testing: Clients will test in accordance with the policy and procedures for
Drug and Alcohol Testing.
Requirements to Advance to Phase Four:
1. Minimum of six weeks in phase with a minimum of four week continuous
sobriety prior to moving to Phase Four.
2. Completion of group therapy and its requirements.
3. Completion of an Aftercare Plan, approved by their therapist, and
presented to the Drug Court Judge/Special Master in court.
4. Completion of a letter to the Drug Court Judge/Special Master to request
Phase 4, approved by their therapist, and presents it in Drug Court.
5. Completion of Phase 4 checklist.
6. Approval of Drug Court Team.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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v. Phase Four
Length: Minimum of 90 days (Clients must have 4 weeks continuous sobriety
prior to graduation).
Court Attendance: Clients and Parents/Guardians/Custodians are required to
attend the Drug Court session only following a sanction and the next Drug Court
session to insure the client completed the sanction.
Curfew: 10 PM Sunday through Thursday, 11 PM Friday and Saturday
Counseling: Clients will attend a minimum of one Individual Counseling
appointment per week. Clients and/or Parents/Guardians/Custodians may also be
required to attend additional sessions and/or types of counseling based on their
treatment plan.
Case Management: Clients will participate in Case Management as required by
the Drug Court Team and/or current treatment provider.
Drug Testing: Clients will test in accordance with the policy and procedures for
Drug and Alcohol Testing.
Requirements to Graduate from Drug Court:
1. Completion of Aftercare Plan and all goals.
2. Client must be enrolled and satisfactorily participating in school or graduated,
completed their GED, and/or working.
3. Completion of all 8 modules of “Staying Quit Relapse Prevention” book.
4. Completion of 100 Hours of community service, Santa Fe Mountain Center
hours, or attendance at cultural events (Opera, Popejoy, etc).
5. Completion of an approved 5 to 10 minute presentation at a pre-approved
scheduled Drug Court session on one of the following topics:
a. “How my life would be different if I would never have been in Drug
Court.”
b. “If I had the opportunity to teach other drug court clients about my
mistakes, struggles, and my progression in drug court I would tell
them……….”
c. “My path to a drug free lifestyle will continue with……….”
6. Approval of therapist to graduate.
7. Completion of Graduation checklist
8. Approval of Drug Court Team to graduate
9. Completion of an Exit Interview and Graduation Circle
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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Limbo.Inactive.Time credit.doc
vi. Limbo
At any time during the program a client is not progressing or struggling with the rules
and/or their sobriety, they may be placed in “Limbo” status. While in “Limbo” the client
will follow the rules of Phase 1 and will not earn any time towards moving phases or
graduation. Generally a client will be placed in “limbo” for a specific time period, but
their status in limbo will be reviewed weekly and they the time period may be reduced or
extended based on their performance.
vii. Inactive Status
A client in the program may be placed on an Inactive Status when they are unable to
participate, but have not been officially terminated from the program or they are placed in
an out of home treatment program.
Examples for Inactive Status:
Client is in detention (non Drug Court hold)
Client is on warrant status
Client placed in Residential Treatment Facility
Client placed in Group Home out of Sandoval County
Client placed in Treatment Foster Care out of Sandoval County
viii. Time credit for treatment:
Upon returning to Drug Court from treatment, a client will be placed in the phase they
were in when they left for treatment. The client will also be placed on house arrest while
readjusting to returning home. The client’s placement on house arrest will be evaluated
weekly. The Drug Court Team will evaluate the client’s progress in treatment and their
progress in Drug Court since returning home from treatment. The Drug Court Team will
then determine if a client is to be rewarded a time credit for the time they spent in
treatment and the amount to be rewarded. Time Credits are generally awarded during
Phase 4 of the program. Time credits rewarded to clients may be rescinded at the
discretion of the Drug Court Team based on a client’s performance following the
rewarding of a credit.
No time credit will be rewarded for time spent on inactive status while in detention
awaiting disposition.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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d. Graduation
A client may only graduate from the program when they have completed all requirements
of the Drug Court Program successfully and with the approval of the Drug Court Team.
Upon successful completion of Drug Court notice will be sent to Juvenile Probation and
Parole that the client has completed the program.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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e. Termination (Voluntary / Involuntary)
Clients participating in the Drug Court program may be terminated from the program
either voluntarily or involuntarily.
Voluntary terminations are generally a result of a client being unable to participate in the
program, but had been satisfactorily complying up to the point of termination.
Examples of Voluntary Terminations:
Client released from Drug Court obligation by referring Judge.
Client does not return to jurisdiction after treatment placement.
Family is allowed to move out of jurisdiction.
Client’s probation is allowed to expire prior to completion of program.
Involuntary terminations are unsatisfactory terminations and a result of a client being
noncompliant with the program and all sanctions being exhausted. Clients
unsatisfactorily terminated from the program are generally those that have received a
commitment.
i. Termination Process
The Drug Court team will review client progress weekly at the Drug Court
staffing. When a client has exhausted all sanctions the Drug Court team may vote
to terminate a client from the program. If the team votes to terminate a client a
letter to Juvenile Probation and Parole will be generated stating that the client is to
be terminated from the program and the reason for the termination. The Juvenile
Probation and Parole Officer will then request an arrest warrant for the client and
a petition to revoke the client’s probation from the District Attorney’s Office. At
the Drug Court session the client will be informed that they are being terminated
from the program and taken into custody via the arrest warrant. In the event the
arrest warrant is unavailable, the client may be placed in detention on a Drug
Court hold and the client will be officially terminated from the program when the
arrest warrant is filed at the detention center.
Clients may be accepted back into the program following termination if the
District Court Judge orders the client back into the program at anytime during the
revocation process.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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Design.doc
f. Treatment Design
The current licensed treatment provider will provide treatment services to clients and
families of the Drug Court Program. Provider will work with the entire family unit to
address needs of the family and build upon strengths of the family unit. Based on the
client’s Drug Court assessment, the treatment provider will utilize the following
components via the Drug Court Program:
An individualized treatment plan will be created for each client according to their
individual need based on their Drug Court assessment and any following
reassessments.
Clients will attend individual counseling sessions.
Clients and their parent/guardian/custodian will attend group-counseling sessions.
Clients and their families may be required to participate in other treatment
recommendations as deemed appropriate by the Drug Court Team and/or Treatment
Provider to include, but is not limited to:
Case Management (CCSS)
Family Therapy
Substance abuse groups
NA or AA
Anger management
Parenting group
Residential Treatment
Treatment Foster Care
Day Treatment
Therapeutic Adventure Program
Independent Living
Psychiatric Evaluations with a psychiatrist or psychologist
Medication Evaluation
The frequency of treatment will be based on the client’s individualized treatment plan
and in accordance with the client’s current phase of the program. Client conduct while
participating in treatment will be defined in the current Client Handbook and by the
current treatment provider.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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Management.doc
g. Case Management
The Sandoval County Juvenile Drug Court program shall utilize a case manager that may
be provided by either the Drug Court program or the contracted treatment provider.
Case managers will provide support to the client and/or family and coordinate necessary
health, social, educational, and other services. Case managers will assess client’s needs
and strengths, ensure the development and implementation of a service plan, secure
individualized services, advocate for needs, and review individual progress and
monitoring outcomes.
The Sandoval County Juvenile Drug Court will use a collaborative case management
approach as each team member and/or collaborative agency will assist in their area of
expertise and provide feedback at regular meetings and staffings.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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Staffings Sessions.doc
h. Drug Court Staffings / Sessions
Drug Court staffings will be held every Wednesday at noon prior to Drug Court. The
Drug Court Coordinator will facilitate all weekly staffings. At these staffings each team
member will inform the Judge or Special Master of the progress of client and family with
regards to treatment and compliance in the program. Team members will make
recommendations and vote as to what incentives and sanctions a client may receive for
that week. New client referrals and assessments will also be presented at the staffing and
the Drug Court Team will vote on their acceptance into the program.
Drug Court sessions will be held every Wednesday at 4:00 PM at the Sandoval County
Judicial Complex in Bernalillo, New Mexico. Notice will be given to all clients and
families as soon as possible of any change to the date, time, or location of the Drug Court
session. Clients are required to arrive at the courthouse by 3:45 PM for drug testing if
necessary. All clients and families are required to be in the assigned courtroom by 4:00
PM. Clients and families will appear before the Judge or Special Master in an order to be
determined by the Judge or Special Master. Clients and families are required to stay until
the end of the Drug Court session unless they have prior approval to leave early. New
clients will appear before the Judge or Special Master for orientation following the
appearance of all active clients.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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Supervision.doc
i. Client Supervision
The Sandoval County Juvenile Drug Court program will utilize a collaborative approach
to the supervision of all clients in the program. The Drug Court Probation Officer is
responsible for the daily supervision of clients to ensure compliance with court orders,
probation guidelines and program rules. All Drug Court team members may assist in the
supervision of clients and report progress and violations to the team at weekly staffings
and meetings. Various methods of supervision may be used to ensure compliance with
program rules including, drug testing, house arrest and curfews, electronic monitoring,
and visits to home, school and work.
The contracted Surveillance Officer may also provide weekend and nightly drug testing
and curfew compliance to supervise clients in accordance with the Provisional Monitor
Policies and Procedures.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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j. Drug / Alcohol Testing
The Sandoval County Juvenile Drug Court shall utilize drug and alcohol testing as a deterrent to
substance abuse and to insure that clients are not using any illegal substances, drugs, or alcohol.
i. General Information:
Testing will mainly be conducted using urinalysis screening via instant cup tests or urine
samples sent to the current contracted lab. Testing may also be conducted via oral fluid
devices and devices designed to detect alcohol content on a person’s breathe. All positive
tests will be sent to the current contracted lab for confirmation of drug or alcohol use and to
monitor substance levels for comparison purposes. Testing may be conducted by any trained
Drug Court staff, juvenile probation Officers, provisional monitors, community corrections
officers, or any trained staffed designated by Drug Court. All tests will be documented
appropriately in the Drug Court client database.
ii. Observation:
Same-sex, direct frontal observation will be utilized when collecting urine samples as set
forth in the Drug Use and Testing Observation Agreement. This method will be used to
prevent adulteration or the use of “clean” urine. If same-sex observation is not available,
staff will make every attempt to insure that the test is not altered in anyway. Temperature
strips will also be utilized to insure that the collected urine sample has not been altered.
Clients and Parents/Guardians/Custodians will be required to sign the Drug Use and Testing
Observation Agreement upon entrance to the program.
iii. Phase Testing:
Monday through Friday clients will be tested according to their phases. Drug Court staff will
determine what phase or phases will be tested that day and will post the required information
on the drug testing recording by 8:30 am. Clients are required to call the drug testing
recording to determine when they are required to submit to a drug test. Clients that are
required to test that day must do so by 5:00 PM at the Drug Court Office, but may arrange,
with the permission of Drug Court staff, to test at another location or with another designated
trained person.
iv. Random Testing: Drug tests may be administered at random times and places by staff. Clients are required to
provide a urine sample within a reasonable amount of time when requested by staff.
Provisional monitors may also conduct random testing of clients on weekends, holidays and
in the evenings.
v. Weekend Drug Testing:
Drug Testing may be conducted randomly on Saturdays, Sundays, and holidays by Drug
Court Staff and/or the Drug Court Monitor. Clients will be required to be either home or
available by telephone until 10:30 am on Saturdays, Sundays, or holidays. If a client has not
heard from a member of the Drug Court Staff by 10:30 am that day they may go about their
daily business. If a client is to be away from their home before 10:30 am for any reason, it is
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the client’s responsibility to inform either the Drug Court Staff or the Drug Court Monitor
that they will not be home (this is not permission to be away from their home for clients on
house arrest). If a client fails to make themselves available for drug testing on weekends or
holidays by either not being home or being unavailable by telephone, it will be considered a
UA No Show and subject to sanctions at the following Drug Court session.
vi. Negative Tests:
Negative tests are defined as a “clean” or substance free test. When a client provides a
negative test, staff will document it and the sample will be discarded appropriately. Negative
tests will be documented in the client database.
vii. Positive Tests:
Positive tests are defined as tests whose results show the presence of alcohol, drugs, or other
illegal substances, or a client self admits to any substance use. When a client’s instant test
appears as positive, the client’s urine or oral fluid sample will be collected appropriately and
with the proper chain of custody according to the lab’s requirements. If the client denies the
positive test result the sample will then be documented as “UA Results Unknown” in the
client database, sent to the lab for confirmation, and a determination of the amount of illegal
substance in their system. Positive alcohol tests via a breath device (i.e. Sobrietor) are
immediately considered positive and confirmations are not required. Positive tests will be
documented in the client database. Clients will have the opportunity to admit their substance
use at the time of the test or at the next drug court session. Clients admitting to their
substance use are subject to sanctions at the next drug court session. If a client fails to admit
or denies any substance use, and the test is returned from the lab as a confirmed positive, the
client may receive additional sanctions following confirmation of the test.
viii. Alcohol Metabolite (EtG or EtS) Testing:
The Drug Court program may test clients for the use of alcohol by utilizing Alcohol
Metabolite testing or EtG’s. When a person ingests alcohol their body produces the
metabolites EtG and EtS in their urine. These metabolites may be used to determine if a
client has been using alcohol. The cutoff levels for a positive alcohol test will be 500 ng/ml
for EtG and 100 ng/ml for EtS to avoid a client testing positive for incidental alcohol
exposure. Clients and parents/guardians/custodians will sign an EtG/EtS Testing Contract
that explains the purpose of the testing and how to avoid any incidental alcohol exposure.
EtG testing will be conducted via lab testing through urine collection. Client urine samples
will be sent to the current contracted lab to determine the presence alcohol metabolites (EtG
and EtS). If a client’s EtG or EtS level returns higher then 500ng/ml or 100 ng/ml,
respectively, the urine sample will be considered a Positive Alcohol Test.
ix. Missed Tests:
If a client fails to appear to for a test on his or her phase day before the close of business (5
PM), that test will be considered a “UA No Show” and a positive test. If a client fails to
provide a sample before the close of business (5 PM), or within a reasonable time in the field,
the test will be considered a positive test. Clients who deliberately avoid taking a test for any
reason will be given a positive test.
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x. “Flushed,” Diluted, or Altered Urine Samples:
When a client’s urine sample appears diluted or “flushed” the staff observing the test may
collect the sample to send to the lab for confirmation regardless of the instant test result.
Samples returning from the lab with a Creatinine level below 20 will be deemed as diluted or
“flushed” and considered a positive test. If a client attempts to alter a test in any way, the test
will be considered positive. The client will then be immediately retested to determine why
the test was being altered and what substances may be present.
xi. Technical Dirty UA’s:
If a client “breaks” house arrest or fails to return home before his or her curfew time, they
must inform the Drug Court Office of the violation and submit to a UA by 10:00 am the
following morning. Clients who fail to submit to a UA by 10 am will receive a “Technical
Dirty UA” and will be subject to sanctions at the following Drug Court session.
xii. Continued Positive Samples:
After an initial positive instant UA a client may continue to test positive for a substance on
subsequent UA’s. Subsequent positive test results will be handled according to the type of
substance as follows:
1. Cannabinoids (THC or Marijuana) –
a. Phase Zero - THC levels will only be used to monitor new marijuana use when a
client is in Phase Zero of the program. Clients in Phase Zero who continue to test
positive for marijuana will have their samples sent to the current contracted lab to
determine “normalized THC levels.” Samples that return with at least a 50%
increase in the normalized level will be considered new marijuana use by the
client and he or she will be subject to sanction at the next drug court session.
b. Phases 1-4 – THC Levels will NOT be used to determine new use by clients who
continue to test positive for THC. Detection times for new marijuana use will be
used instead with a detection window of 7 days for a single use event being the
standard. Clients who test positive for THC will be given an initial Positive UA at
the following Drug Court session. If a client is still testing positive for marijuana
after the 7 day detection window following the initial Positive UA, he or she will
the be considered to still be using marijuana and will not earn any time in their
phase until they test negative for THC. Drug court may reserve the right to limit
the length of time that a client is considered to still be using before a new Positive
UA or sanction is given to the client.
2. Amphetamines / Methamphetamines – A detection window of 3 days will be used to
determine new use by the client. Clients who test positive for Amphetamines or
Methamphetamines will be given an initial Positive UA at the following Drug Court
session. If a client is still testing positive for Amphetamines or Methamphetamines after
the 3 day detection window following the initial Positive UA, he or she will be
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considered to have used Amphetamines or Methamphetamines again and will be subject
to another Positive UA.
3. Barbiturates / Benzodiazepines - A detection window of 7 days will be used to determine
new use by the client. Clients who test positive for Barbiturates or Benzodiazepines will
be given an initial Positive UA at the following Drug Court session. If a client is still
testing positive for Barbiturates or Benzodiazepines after the 7 day detection window
following the initial Positive UA, he or she will be considered to have used Barbiturates
or Benzodiazepines again and will be subject to another Positive UA.
4. Cocaine Metabolite - A detection window of 3 days will be used to determine new use by
the client. Clients who test positive for Cocaine Metabolite will be given an initial
Positive UA at the following Drug Court session. If a client is still testing positive for
Cocaine Metabolite after the 3 day detection window following the initial Positive UA,
he or she will be considered to have used Cocaine again and will be subject to another
Positive UA.
5. Opiates - A detection window of 3 days will be used to determine new use by the client.
Clients who test positive for Opiates will be given an initial Positive UA at the following
Drug Court session. If a client is still testing positive for Opiates after the 3 day detection
window following the initial Positive UA, he or she will be considered to have used
Opiates again and will be subject to another Positive UA.
6. Phencyclidine (PCP) - A detection window of 6 days will be used to determine new use
by the client. Clients who test positive for Phencyclidine (PCP) will be given an initial
Positive UA at the following Drug Court session. If a client is still testing positive for
Phencyclidine (PCP) after the 6 day detection window following the initial Positive UA,
he or she will be considered to have used Phencyclidine (PCP) again and will be subject
to another Positive UA.
7. Alcohol (Urine Test) –
a. As Ethyl Alcohol – The detection window for Ethyl Alcohol in urine is variable
and usually measured in hours. A detection window of 1 day, or 24 hours will be
used to determine new use by the client. Clients who test positive for Ethyl
Alcohol will be given a Positive UA for that UA only at the following Drug Court
session. Any UA given after the 1 day detection window that is positive for Ethyl
Alcohol will considered a new Positive UA.
b. As Alcohol Metabolites (EtG or EtS) – The detection window for Alcohol
Metabolites (EtG or EtS) at the 500/100 ng/ml cutoff is 24-48 hours. A detection
window of 2 days will be used to determine new use by the client. Clients who
test positive for Alcohol Metabolites (EtG or EtS) will be given an initial Positive
UA at the following Drug Court session. If a client is still testing positive at the
500/100 ng/ml cutoff after the 2 day detection window following the initial
Positive UA, he or she will be considered to have used Alcohol again and will be
subject to another Positive UA.
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8. Alcohol (Breath Test) – Blood Alcohol Content levels may be monitored via a portable
Breathalyzer device. Since levels are immediate, the first positive BAC level will be
considered a Positive Alcohol Test at the following Drug Court session. Any test on the
same day with a higher BAC following the first positive test, or any new BAC level on
subsequent days, will be considered new use and subject another Positive Alcohol test at
the next Drug Court session.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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k. House Arrest / Curfews
House arrest is defined as “home detention” and clients are ordered to remain at home at
all times with the exception of school, approved work, or other approved times by Drug
Court. Clients on house arrest may not have visitors and may not use the phone to talk to
friends. Use of the internet to communicate with friends is also not permitted.
Curfew is defined as the assigned time that a client is required to be home. Clients may
not have visitors at their home past their assigned curfew.
Clients will be either have a curfew or be on house arrest while in the Drug Court
Program. Clients will generally be assigned a curfew or house arrest by phase:
Phase Zero - House Arrest
Phase One - House Arrest
Phase Two - 8 PM Sunday to Thursday, 9 PM Friday and Saturday
Phase Three - 10 PM Sunday to Thursday, 11 PM Friday and Saturday
Phase Four - 10 PM Sunday to Thursday, 11 PM Friday and Saturday
Clients placed in Limbo status will abide house arrest. Clients may also be assigned
earlier curfews as either part of a sanction or as a result of poor behavior in the program.
Parents/guardians/custodians may choose to place their child on an earlier curfew, but
may not allow their child to stay out past their curfew without prior approval of Drug
Court.
i. Curfew / House Arrest Violations
A client who “breaks” house arrest or is late for his or her curfew is responsible
for submitting to a drug test the following morning by 10 AM. Clients who fail to
submit a drug test by 10 AM will be sanctioned for a “Technical Dirty UA” as
well as a house arrest or curfew violation. Clients who have had a curfew or house
arrest violation are required to appear at the next Drug Court session.
ii. Curfew Exceptions
Parents/guardians/custodians may request to have their child out past their curfew
or away from their home while on house arrest. This may be done by the
parent/guardian/custodian getting prior approval from the Drug Court office
during business hours (Monday through Friday, 8 AM to 5 PM). Permission may
not be obtained from provisional monitors. Leaving a voicemail message is also
not considered permission.
iii. Curfew Extensions
Curfew extensions are generally given in two-hour increments as rewards for
progressing in the program. Curfew extensions expire two weeks from the date
they are issued. Clients must first obtain permission from their
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parents/guardians/custodians to use his or her extension and then acquire
permission from the Drug Court prior to its use.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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l. Electronic Monitoring
The Sandoval County Juvenile Drug Court may use different forms of electronic
monitoring to assist in the supervision of clients participating in the program. Electronic
monitoring may come in the form of an ankle monitor device to determine a client’s
whereabouts or a device to detect the use of alcohol. Clients may be placed on some form
of electronic monitoring at the discretion of the Drug Court Team.
Clients who are ordered to participate in electronic monitoring will be instructed by Drug
Court staff on the process of setting up the equipment and its daily use. An appointment
will be set for the client and their parent/guardian/custodian to either come into the Drug
Court office or to meet at the client’s residence. Client’s will be trained in the use of the
equipment and receive written instructions on the rules of the electronic monitoring
program. Clients and parents/guardians/custodians will be required to sign an Electronic
Monitoring Agreement which details the serial numbers of the equipment they have been
assigned, acknowledges that they understand the rules and instructions for the equipment,
and accept liability for lost or damaged equipment. Clients will receive either an Ankle
Bracelet Instructions form or a Sobrietor Instructions form detailing the rules of the use
of the equipment and their participation.
Clients may be taken off electronic monitoring at the discretion of the Drug Court team.
All equipment must be returned to the Drug Court Office and will be checked to
determine that all equipment is in working order. Equipment will be inventoried and
stored at the Drug Court office.
i. SCRAM Bracelets
SCRAM Bracelets are used to detect the use of alcohol transdermally. Clients
may be placed on SCRAM Bracelets at the discretion of the Drug Court team.
Clients and staff will follow the same procedure for installing and using electronic
monitoring equipment, but clients and parents/guardians/custodians will be
required to sign the SCRAM Participation Agreement form upon installation of
the equipment.
ii. Community Custody Program (CCP)
Clients participating in the Drug Court program may also be ordered into the
Community Custody Program (CCP). CCP also uses electronic monitoring
devices to assist in the supervision of clients. Clients in CCP must follow the rules
of Drug Court as well as CCP. Drug Court staff will coordinate with CCP staff to
ensure that a client is complying with the rules of each program. CCP will be
responsible for their electronic monitoring equipment.
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_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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m. Incentives / Sanctions
Throughout the duration of the Drug Court Program, incentives and sanctions are provided for clients.
Incentives are provided for successfully completing various parts of the program and other positive
behaviors. For those participants who fail to comply with the Drug Court Program, sanctions are
imposed. These sanctions may begin with warnings, then move gradually toward more moderate
sanctions such as community service, and then ultimately into the most severe sanctions that involve
detention or termination from the program. Sanctions are determined on an individual basis and all
factors of the participant’s life and compliance with the program are considered. The Drug Court Team
reviews compliance with the program and determines which incentives or sanctions shall be
administered on a weekly basis.
Incentives
A system of rewards set up for clients. Awards may be received for a variety of behaviors and
achievements. The Drug Court’s system of rewards are provided by the treatment provider in the form
of a contingency management program:
Examples of events in which incentives are given:
Moving from one phase to the next
Completing a portion of the program
Excelling in school
Other good behavior as deemed appropriate by the Drug Court Team
Incentives may be, but are not limited to:
Verbal praise
Certificates for food
Gift Cards
Tickets to sporting events or performances
Certificates of Achievement
Curfew Extensions
Merchandise
Time in phase credits
Credit for community service
Sanctions
A system of consequences set up for clients. Sanctions are given to clients in the program for violations
of the rules of the program as defined in the Client Handbook or failure to comply with court orders or
directives. The Drug Court Team will review each violation of the rules individually to determine the
appropriate sanction. The use of graduated sanctions will be used and the Sanctions Grid will serve as a
guideline for the Drug Court Team.
Examples of sanctions used may be found in the Sanctions Grid.
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_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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n. Education
The Sandoval County Juvenile Drug Court shall attempt to meet the educational and career needs of its
clients by providing testing, educational and career counseling, tutoring, reading development, grade
tracking, attendance tracking, GED courses, test preparation, study courses, homework assistance, study
hall, college preparation and entrance assistance and campus tours.
All Drug Court participants are required to participate in an educational program to various degrees
according to determined needs, goals and abilities. All participants shall be required to attend school or
an approved GED program if they are not a high school graduate or have not obtained a GED. Clients
shall not graduate from drug court without complying with this requirement.
i. Educational Plan
An individualized educational plan shall be created for all participants based on aptitude,
interests and current performance. This plan shall include current grades and attendance reports
as a baseline. Grades shall be monitored and improvement expected within first semester.
Attendance with no unexcused absences shall be a component of all plans. Plans may also
include study hall, tutoring, supervised homework, reading requirements, teacher conferences,
etc.
ii. School Attendance
All clients are required to attend school or a GED program with no unexcused absences.
Attendance shall be gathered for each client on a weekly basis and reported to Drug Court.
Clients that do not comply with attendance requirements shall be sanctioned at the next Drug
Court session. Any time that a client will be absent from school, he or she must call and report
this absence to Drug Court office. If a client has more than two absences during the week, a
doctor’s note must be provided to Drug Court.
iii. School Behavior
All clients are required to follow all school rules. Clients shall report all rule violations and
disciplinary referrals to the Drug Court office immediately. Disciplinary reports shall be gathered
on a weekly basis and reported to Drug Court. Clients are required to report all suspensions
immediately to the Drug Court office and are required to attend community service or the Day
Reporting Center while suspended. Clients may be assigned Behavioral Management Specialists
through the current treatment provider to assist with behavioral issues at school.
iv. Tutoring
Clients may be ordered to attend tutoring if they are in need of assistance with schoolwork or are
failing their classes. Tutoring will be ordered based on school availability and client need.
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v. GED Programs
Clients in the Drug Court may only attend a GED program with the approval of the Drug Court
Team. If a client is allowed to attend a GED program, Drug Court will monitor his or her
progress and attendance.
vi. Post-Secondary Education
Clients who have graduated or have obtained their GED certificate are encouraged to attend
some form of post-secondary education. Drug Court will assist clients with the enrollment
process and necessary information required to attend college.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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o. Restorative Justice
Restorative justice circles and / or conferences may be used during orientation, graduation, termination
and re-entry, or for major incidents involving a victim prior to and while participating in Drug Court.
Clients will be prescreened to determine if the use of a conference or circle is appropriate in their case.
The following people may attend conferences and or circles:
Client
Parent, Guardian, or Custodian
Other immediate or extended family members
Friends of client and/or family
Victims or surrogates
Drug Court Judge
Drug Court Team representatives
Juvenile Probation representative or Juvenile Probation Officer
Treatment provider representative
School representative (i.e., Teacher, Administrator)
Community members
Former Drug Court Client and/or parent
Facilitator
Co-Facilitator
i. Orientation:
Upon their entry into the Sandoval County Juvenile Drug Court, clients are required to attend a
restorative justice conference while in Phase 1 and prior to moving to Phase 2 of the program.
The purpose of the conference is for the client to be held directly accountable for his actions,
understand why they are required to participate in Drug Court, and to create a successful
partnership between the client, family and Drug Court. Clients will be required to complete a
questionnaire regarding the past behavior that has led them to Drug Court. When the
questionnaire is completed a restorative conference will be conducted.
ii. Graduation Circle
Prior to graduation, clients will complete a graduation circle to discuss how they have been
successful in the program. The main purpose of this circle is to recognize the successful progress
of the client and family while in Drug Court. Clients and family members will also be given the
opportunity to express their opinions regarding Drug Court. This circle will serve as an exit
interview from the program.
iii. Termination / Re-entry
Clients who have been terminated from the program prior to graduation may apply for re-entry to
Drug Court via a re-entry circle with permission from their District Court Judge and the Drug
Court Team. If permission is granted the client must submit the completed application and
request a re-entry circle with one week. The circle then must be held within 4 weeks of the
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submitted application for re-entry. Clients may be allowed to conditionally participate in Drug
Court while their application is pending.
The purpose of the circle is to hold the client directly accountable for the behaviors that led to
their termination from Drug Court and to determine a strategy for the client to successful if
accepted back into the program. For the purposes of this circle the Drug Court Program and the
client’s family will serve as the victims.
iv. Major Incidents / Violent Crimes
Clients may be required to attend a Restorative Justice Conference and/or Circle as part of their
probation terms due to the nature of their delinquent acts. Clients participating in Drug Court will
be required to complete this process prior to graduation. If a client is involved in an incident
while participating in Drug Court, and the Drug Court Team deems appropriate for a restorative
conference or circle, he or she will be required to complete the restorative justice process.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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p. Santa Fe Mountain Center
Clients in the Drug Court Program will be given the opportunity to participate in the Therapeutic
Adventure Treatment Program (TAP) through the Santa Fe Mountain Center. Clients will not be
required to attend the program and it is completely voluntary, but clients who commit to participating in
the program will attend as required. Clients who successfully complete each program sequence may
receive rewards or incentives for their participation. Incentives and rewards will be determined by the
Drug Court team and may range from simple rewards, such as curfew extensions and certificates, to
credit for community service and time credit while in Phase Four.
Clients who chose to participate in the program are required to complete and have their
parent/guardian/custodian complete the Santa Fe Mountain Center’s Participant Registration, Liability
Release and Informed Consent Form prior to their participation. Clients will not be required to pay any
cost associated with participating in the program.
The SFMC Project Coordinator will work closely with the Drug Court staff in order to provide
prescriptively planned programming. Drug Court staff will provide the SFMC with critical pre-
assessment information regarding participant needs. During the assessment stage, the SFMC Project
Coordinator will work with both agency staff and the participant to develop an individualized treatment
plan, examine medical history and psycho/social information, and explore clinical red flags. The Project
Coordinator will use this information to plan prescriptive program sequences with specific goals for the
Drug Court participants. A variety of experiential methodologies and activities (full value commitment,
experiential learning cycle, high and low challenge courses, rock climbing, rappelling, hiking, rafting,
and backpacking) are coupled with our skills curriculum units (Anger Management, Decision Making,
Problem Solving, Conflict Resolution, Leadership, Social Skills, and HIV Prevention).
Clients are required to follow the rules of the Drug Court program and the Santa Fe Mountain Center
during their participation. The Santa Fe Mountain Center and/or the Drug Court program may terminate
a client’s participation in the program at any time. Expectations and guidelines will be clearly defined to
all clients participating in the program at the start of each program.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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5. Ancillary Support Systems
During the court ordered assessment prior to entrance into the program clients shall be carefully
screened for other identified needs and recommendations. Referrals are made to other beneficial
community based services such as; juvenile community corrections, day reporting center, job training
and placement, high school equivalency schooling, life skills training, vocational rehabilitation,
parenting classes, housing placements, and community service placements.
Clients may also be required to continue participate in ancillary services court ordered prior to
participating in the Drug Court program unless it is considered a duplication of services.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 6 Record Keeping System.doc
6. Record Keeping System
The Drug Court staff shall keep an ongoing record of each client. Client files are to be kept in
compliance with State and Federal confidentiality laws. This system will keep track of each client’s
progress with the program. The items that are recorded are:
Client referral
Client assessment
Client chronological history
Probation Agreement
Drug Court Participation Agreement
Order Remanding Matter to Substance Abuse Court
Order Joining Parents Party to Petition
Waiver of Legal Rights
Releases of information
Treatment Records
Drug testing records
School records
Community service orders
All other court orders
All relevant client paperwork
The current contracted treatment provider will keep ongoing treatment records of each client. Treatment
records shall be kept in compliance with State and Federal confidentiality laws.
All written records shall be physically located where it can be properly secured and controlled by Drug
Court staff. Access shall be limited and disclosure/re-disclosure shall be subject to approval by the Drug
Court Judge and team. Once authorized access is obtained and initial disclosure is permitted, the
redistribution of confidential information and records is not permitted, unless it, too, is approved by the
Drug Court Judge and team.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
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7. Management Information Systems
All relevant information shall be collected on each Drug Court client. This information is to be stored in
a secure database. This database shall conform to all the draft minimum data collection standards
relating to juvenile drug courts for the state of New Mexico as laid out in the New Mexico Judiciary
Drug Court Standards.
All computer hardware pertaining to the database shall be password and firewall protected and shall be
physically located where it can be properly secured and controlled by Drug Court staff. Access shall be
limited and disclosure/re-disclosure shall be subject to approval by the Drug Court Judge and team.
Once authorized access is obtained and initial disclosure is permitted, the redistribution of confidential
information and records is not permitted, unless it, too, is authorized by the Drug Court Judge and team.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
8. Confidentiality
The Sandoval County Juvenile Drug Court of the Thirteenth Judicial District of the State of New
Mexico and Drug Court Team members adapt below listed confidentiality guidelines statements and
fully agree to follow and to apply them within the context of all operations that impact the practices
and procedures of the Juvenile Drug Court program of Sandoval County. These guidelines shall take
immediate effect, and they shall remain in effect for all replacements of the initial team member
signatories to this memorandum. These guidelines may be amended, changed, eliminated, or added
to by the agreement of three-quarters of the designated Juvenile Drug Court Team members.
a. Confidentiality Guidelines
1. As a general rule, drug and alcohol abuse treatment records for diagnosis, referral for
treatment, treatment and prognosis must be kept strictly confidential by all members of
the Drug Court Team and by the Drug Court.
2. The Court, the treatment program, Hogares and its treatment staff, and all Juvenile Drug
Court Team members shall maintain secure procedures for access to any written or
computer records, including by not limited to locked rooms, separately secured file
cabinets, and limited access security codes for controlled data input and access.
3. To permit Drug Court functions within the context of the delinquency Children’s Court
system, all Drug Court participants must sign a revocable consent form that governs the
release of confidential participant records/information to the Juvenile Drug Court Team
members. Drug Court consent to disclosure is limited to information that is necessary to
carry out the functions of the Drug Court:
i. reports on the participant’s eligibility/acceptability for substance abuse treatment
services.
ii. reports regarding treatment, attendance, compliance and progress in accordance
with the Drug Court monitoring criteria necessary for compliance with the Drug
Court Program.
4. Consent for disclosure of confidential substance abuse treatment information is not
permanent. Consent for disclosure ends when the participant’s involvement with
Juvenile Drug Court has been formally and effectively terminated by either the
participant’s exclusion from Juvenile Drug Court due to non-compliance with the Drug
Court rules, regulations and procedures or by the participant’s successful completion of
Juvenile Drug Court and release from court and/or probation supervision.
5. Participants should have an opportunity to consult with an attorney or a member of the
attorney’s defense team and a parent/guardian/custodian prior to signing the consent for
disclosure of confidential substance abuse treatment information. Defense counsel or
authorized defense team member and the parent/guardian/custodian shall sign the consent
form as confirmation that a voluntary, knowing and intelligent consent is proffered by the
participant.
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6. Redisclosure of confidential substance abuse treatment information by Juvenile Drug
Court Team members is limited to the carrying out of their official duties within the
context of the particular drug court case. Performance of official duties includes
courtroom and non-courtroom reviews and discussions by the Juvenile Drug Court Team
about the participant’s diagnosis, compliance, progress, and treatment.
7. Information disclosed or redisclosed in connection with Juvenile Drug Court participant
diagnostic evaluations, reviews, or discussions may not be used against a drug court
participant with other delinquency or criminal proceedings or with regard to another
person.
8. When a potential Drug Court candidate signs a consent form and complies with Juvenile
Drug Court admission procedures, but he/she is subsequently rejected for the Juvenile
Drug Court Program, the candidate’s statements in contemplation of treatment shall be
privileged and shall not be used against him/her in any subsequent court proceedings,
delinquency/criminal investigations, or prosecutions.
9. The Drug Court Treatment Program shall not disclose information about current or
former clients in response to a subpoena (even one signed by a judge), unless the client
has signed a consent form authorizing the disclosure of subpoenaed records or unless a
court of competent jurisdiction enters an authorizing order.
10. If a court order for disclosure of substance abuse treatment information is requested as
part of a delinquency/criminal investigation or prosecution, the Juvenile Drug Court shall
conduct a hearing, and it shall apply the federally mandated criteria for such
determinations as outlined in the federal regulations at 42 C. F. R. 2.65.
_________________/s/_________________
Approved Louis P. McDonald, Chief Judge,
Thirteenth Judicial District Court
Revised March 31, 2010
SANDOVAL COUNTY JUVENILE DRUG COURT REFERRAL
Referral Date: ________________ SSN # : ___________________________ DOB: ______________________
Address: _______________________________________________ City: _______________ Zip: ____________
Phone #: ____________________ Work #: _______________________ Cell #: _____________________
Mother's First Name: _____________________ Mother's Last Name: ___________________________
Mother's Address: _____________________________________ City: _______________ Zip: ____________
Mother's Phone #: __________________ Work #: ___________________ Cell #: __________________
Father's First Name: _____________________ Father's Last Name: ___________________________
Father's Address: ______________________________________ City: _______________ Zip: ____________
Father's Phone #: __________________ Work #: ___________________ Cell #: __________________
Current Grade: ______________
Last Grade Completed: _______
Health Insurance Provider: _________________________________ Medicaid Eligible: ___________
Ethnicity: ___________________ Sex: _______
Drug Court Use Only:
Date Received: ______________ Assessment Date: ________________ Selection Date: ________________
Intake Date: _________________ Denied Date: ___________________ Program #: __________________
Underlying Charge if Referring Offense is a PV : ___________________________________________________
Assigned Judge: ___________________ Referring Judge: ___________________ CCA: __________________
Referring JPPO: ____________________________ Client's Attorney: ________________________________
Probation Term: ______________________________ Disposition Date: _________________________
Probation Expiration Date: ___________________ New Charges / PV Still Pending: YES NO
School Attending: _____________________________________
Reason Not Attending School: ____________________________________
Place of Birth: _________________________
Height: ____________ Weight: ____________ Eye Color: ____________ Hair Color: ____________
Gang Affiliation: ______________________ Tattoos/ID Marks: ________________________________________
Referring Offense 1: _________________________ Referring Offense 2: _______________________________
In addition to this form the following documents are required for referral: Chronological Offense History, Case Record Sheet, Current
Probation Agreement, and Release of Information to Drug Court and to Hogares Inc. Please also Include the following documents if
available: Baseline Assessment, Past Mental Health or Substance Abuse Assessments, 15-Day Diagnostic Evaluations, or any other
assessments.
GENERAL INFORMATION:
OTHER CLIENT INFORMATION:
CRIMINAL JUSTICE INFORMATION:
Current Location of Client : ____________________________________________________________________
Last Name: ________________________ Fisrt Name: ________________________ JR # _____________________
Sandoval County Juvenile Drug Court Program 711 Camino del Pueblo, Bernalillo, NM 87004 (505)-867-9254, Fax (505)-771-9554
P&P 9 Appendix a. Referral Form.xls
SANDOVAL COUNTY JUVENILE DRUG COURT REFERRAL
WHAT: _______________AGE STARTED: _____ HOW OFTEN: DAILY / WEEKLY / OCCASSIONALLY
WHAT: _______________AGE STARTED: _____ HOW OFTEN: DAILY / WEEKLY / OCCASSIONALLY
WHAT: _______________AGE STARTED: _____ HOW OFTEN: DAILY / WEEKLY / OCCASSIONALLY
Have you ever been in a substance abuse treatment program: YES / NO
If so, Where and When: _____________________________________________________________________
Has client ever been in a Residential Treatment Program: YES / NO
If so, Where and When: _____________________________________________________________________
Has client ever been diagnosed with a mental illness: YES / NO
If so, Where and by Who: ___________________________________________________________________
Has client ever seen a Mental Health Counselor before: YES / NO
If so, Where, Who, and When: ______________________________________________________________
Has client ever been placed out of the home: YES / NO
If so, When & with Who: ___________________________________________________________________
Why: _____________________________________________________________________________________
Do either parents have any substance abuse or mental health issues: YES / NO
If so, Explain:_____________________________________________________________________________
__________________________________________________________________________________________
MARIJUANA: YES / NO AGE STARTED: _____ HOW OFTEN: DAILY / WEEKLY / OCCASSIONALLY
SUBSTANCE ABUSE INFORMATION:
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
Please briefly explain reason for referral to Drug Court and any concerns regarding client:
________________________________________________________________________________________________
________________________________________________________________________________________________
ALCOHOL: YES / NO AGE STARTED: _____ HOW OFTEN: DAILY / WEEKLY / OCCASSIONALLY
COCAINE: YES / NO AGE STARTED: _____ HOW OFTEN: DAILY / WEEKLY / OCCASSIONALLY
METH: YES / NO AGE STARTED: _____ HOW OFTEN: DAILY / WEEKLY / OCCASSIONALLY
TOBACCO: YES / NO AGE STARTED: _____ HOW MUCH A DAY: __________________________
OTHER: YES / NO
Has client ever abused prescription drugs: YES / NO TYPE:______________________________________________
Sandoval County Juvenile Drug Court Program 711 Camino del Pueblo, Bernalillo, NM 87004 (505)-867-9254, Fax (505)-771-9554
P&P 9 Appendix a. Referral Form.xls
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix b. Drug Court
Participation Agreement.doc
Thirteenth Judicial District Court
State of New Mexico
Children’s Court Division
D-1329-JR-
D-1329-JS-06-002
IN THE MATTER OF _________________________, CHILD
Sandoval County Juvenile Drug Court Number: _____________
SANDOVAL COUNTY JUVENILE DRUG COURT PROGRAM AGREEMENT
I AGREE TO THE FOLLOWING AS CONDITIONS OF MY PARTICIPATION:
1. To stop using or possessing controlled substances and alcohol immediately.
2. To waive rights only as necessary to allow for completion of this program.
3. To cooperate with all intake and assessment procedures necessary to determine my
acceptability in the program.
4. Upon acceptance in the program, I will begin attendance immediately and I
understand that the program may last up to 12 months or as other wise determined by
Drug Court.
5. I understand that Drug Court consists of three areas: Intake and Assessment,
Treatment, and Aftercare all of which include but are not limited to the following
aspects:
A. Cooperation in the making of my treatment plan and following that treatment
plan for the duration of the program.
B. Cooperation in drug testing requested by the Court, Juvenile Probation and
Parole Officer, or Drug Court, or as required by the “Sandoval County Juvenile
Drug Court Client Handbook.”
C. Cooperation and attendance at drug testing requested by the Court, Juvenile
Probation and Parole Officer or Drug Court.
D. Timely completion of written assignments as prescribed by the Court and Drug
Court Program.
E. To attend school with no behavioral or attendance issues.
F. Any and all requirements provided in the “Sandoval County Juvenile Drug Court
Client Handbook” not listed herein.
6. I understand that breach of any of the terms of agreement may result in consequences
consistent with my legal status, for example: If I am on formal probation, my
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Participation Agreement.doc
probation may be revoked, or if a petition alleging delinquency has not yet been filed
against me, one may be filed and prosecuted.
7. I understand that my participation in Drug Court together with all communications
within this program cannot and will not be used against me except in any action to
revoke my participation in this program for violations of this agreement and the rules
of Drug Court.
8. The undersigned parents/guardians/custodians of the program participant agree to
cooperate with all recommendations and orders of the Juvenile Probation and Parole
Officer and Drug Court as outlined in “Sandoval County Juvenile Drug Court Client
Handbook”, and further we agree to ensure and enable the child’s compliance with
the Drug Court program requirements. We further understand that failure on our part
to do so may result in consequences as stated above and in the “Sandoval County
Juvenile Drug Court Client Handbook.”
9. When the Drug Court is in session, confidential information about my case may be
disclosed at the discretion of the Judge/Special master to those present in court,
including other juveniles. I will not disclose this information to another person or
agencies unless they are authorized by law to receive such information.
10. I agree that the Sandoval County Juvenile Drug Court staff may search my person
and/or property when deemed necessary.
11. We acknowledge that we have received a copy of the “Sandoval County Juvenile
Drug Court Client Handbook” and have read and understand its contents.
12. The “Sandoval County Juvenile Drug Court Client Handbook” is hereby incorporated
herein by reference.
13. I agree to comply with the Sandoval County Drug Court Rules.
The undersigned have read and understand all of the above.
_____________________________________________
Child/Program Participant
_____________________________________________
Parent(s)/Guardian(s)/Custodian(s)
_____________________________________________
Parent(s)/Guardian(s)/Custodian(s)
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Matter to Substance Abuse Court.doc
Thirteenth Judicial District Court
State of New Mexico
Children’s Court Division
D-1329-JR-
D-1329-JS-06-002
IN THE MATTER OF _________________________, CHILD
Sandoval County Juvenile Drug Court Number: _____________
ORDER REMANDING MATTER TO SUBSTANCE ABUSE COURT
IT IS HEREBY ORDERED THAT the above matter be remanded to Juvenile
Substance abuse court in Sandoval County, New Mexico for further proceedings
consistent with Substance abuse Court Policy and procedures. To include any and all
agreements and waivers of rights as required.
______________________ ___________________________________
Date Louis P. McDonald
District Court Judge
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix d. Order Joining Parents
Party to Petition.doc
THIRTEENTH JUDICIAL DISTRICT
CHILDREN’S COURT DIVISION
COUNTY OF SANDOVAL
STATE OF NEW MEXICO
IN THE MATTER OF: NO. D1329 JR –
D1329 JS – 06-002
_______________________________, A CHILD
_______________________________, PARENT (S)
ORDER JOINING PARENT(S) AS PARTIES TO THE PETITION
THIS MATTER came before the Court on Motion of the Juvenile Drug Court Program and the
court being fully advised finds:
1. The Motion is well taken.
2. { } The parent(s) consent to be joined as parties.
3. { } The court finds it necessary and in the best interest of the child that the parent(s)
be joined as parties.
IT IS THEREFORE ORDERED.
1. That ____________________be and is/are hereby joined as parties to the
petition.
2. That as parties to the petition, the parent(s) must comply with the following: { } Submit to counseling with Hogares.
{ } Participate in any probation or other treatment program ordered by the court.
{ } Participate in any institutional treatment or counseling program including
attendance at the site of the institution if the child is committed for treatment.
{ } Monitor the child’s activities.
{ } Comply with the Drug Court Client Handbook and report any violations.
{ } Report to the Drug Court Staff any developing problems or violations.
{ } Support the child committed for treatment by paying the reasonable costs of
support maintenance and treatment of the child.
3. That an Electronic Monitoring device and/or Sobrietor may be placed in my
home, that I comply with rules of electronic monitoring, and that you assume all
financial responsibility for all loss and/or damage that may occur to the electronic
monitoring device (SCRAM, bracelet transmitter, receivers/modems, and/or
Sobrietor).
_____________________________
{ } CHILDREN’S COURT JUDGE
{ } SPECIAL MASTER
APPROVED:
______________________________(Parent/Guardian/Custodian)
______________________________(Parent/Guardian/Custodian)
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Rights.doc
THIRTEENTH JUDICIAL DISTRICT CHILDREN’S COURT DIVISION
COUNTY OF SANDOVAL
STATE OF NEW MEXICO
D-1329-JR-
D-1329-JS-06-002
IN THE MATTER OF _________________________, CHILD
Sandoval County Juvenile Drug Court Number: _____________
WAIVER OF LEGAL RIGHTS
We understand our right under the United States and New Mexico Constitutions as
explained to us below and by an attorney and hereby knowingly and intelligently waive
the following:
1. The right to a speedy trial/adjudicatory hearing on any petition alleging
delinquency that has been filed in the Children’s Court.
2. The right to have a petition alleging delinquency filed in the Children’s Court
before making any agreement as to supervision.
3. The right to a trial/adjudicatory hearing by jury.
4. My right to the assistance of an attorney at any trial/adjudicatory hearing.
5. The right to confront and cross-examine witnesses against me as to the
truthfulness of their testimony.
6. The right to present evidence on my own behalf and have the Court compel
the attendance of witnesses to testify on my behalf.
7. The right to remain silent, to be presumed innocent, and to be proven guilty
beyond a reasonable doubt.
______________________________ ____________________________________
Child/Program Participant Parent(s)/Guardian(s)/Custodian(s)
I have explained that above document to the program participant and
parent(s)/guardian(s) and all other rights which they may have under the United States
and New Mexico Constitutions to the program participant and parent(s)/guardian(s) and
ma satisfied that they understand the same.
_________________________________
Attorney at Law
Accepted:
_________________________________
Judge/Special Master
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THIRTEENTH JUDICIAL DISTRICT SANDOVAL COUNTY JUVENILE DRUG COURT
CLIENT EXIT INTERVIEW
Please fill out form completely. The purpose of this form is to provide your feedback to the Drug Court so
we can improve the program for future clients and to address any concerns you may have had while in
the program. Please be honest, as your answers will not affect status in Drug Court in anyway.
Name: _______________________ Graduation Date: ____________ Termination Date: ___________
1. While in Drug Court you were: (circle all that apply) HOME RTC TFC OTHER
2. Are you still attending school? : YES NO School Name: __________________ Grade: __________
Did you graduate HS? : YES NO Did you earn your GED? : YES NO
What are your future educational plans: _________________________________________________________________
____________________________________________________________________________________________________
3. How did you feel about the Drug Court Program when you first started? : __________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
Please rate the Drug Court Program when you first started:
VERY BAD BAD OKAY GOOD EXCELLENT
4. How do you feel about the Drug Court Program now? : __________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
Please rate the Drug Court Program now:
VERY BAD BAD OKAY GOOD EXCELLENT
5. How satisfied are you with the entire Drug Court experience? :
Please rate your satisfaction on a scale of 1 to 10 (with 1 being not satisfied and 10 being satisfied)
1 2 3 4 5 6 7 8 9 10
Please give a brief explanation of your satisfaction rating: ___________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix f. Exit Interview.doc
6. What was your favorite part of the Juvenile Drug Court Program? :
1. _______________________Why? : _____________________________________________________________________
___________________________________________________________________________________________________
2. _______________________Why? : _____________________________________________________________________
___________________________________________________________________________________________________
7. What was your least favorite part of the Juvenile Drug Court Program? :
1. _______________________Why? : _____________________________________________________________________
___________________________________________________________________________________________________
2. _______________________Why? : _____________________________________________________________________
___________________________________________________________________________________________________
8. Did you find your individual therapy helpful to you? : YES NO
Why? : ______________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
9. Did you find group therapy helpful to you? : YES NO
Why? : ______________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
10. What other therapy did you attend while in Drug Court? (i.e. Anger management, Family, etc.) :
____________________________________________________________________________________________________
Was it helpful to you? : YES NO Why? :__________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
11. Did you participate in Santa Fe Mountain Center Programming? : YES NO
Describe your experience: _____________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix f. Exit Interview.doc
12. Did you participate in any other Programs while in Drug Court? (i.e. SF Opera, Popejoy, Sports) : YES NO
Describe your experience: _____________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
13. Did you “get away” with anything while in the program? : YES NO
Explain: ____________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
12. If you could change anything about Drug Court, what would it be? : ______________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
14. What are your future goals following your participation in Drug Court? : _________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix g. Drug Use and Testing Observation Agreement.doc
THIRTEENTH JUDICIAL DISTRICT SANDOVAL COUNTY JUVENILE DRUG COURT
DRUG USE AND TESTING OBSERVATION AGREEMENT
As a participant in the Sandoval County Juvenile Drug Court, I understand that I am not permitted to use
alcohol and drugs and that I will be randomly tested for the presence of these substances in my system through
the use of various drug and alcohol detection tests and equipment. I understand and agree to the following
conditions set forth in this agreement:
1. I understand that I am not permitted to ingest, use, or consume any illegal substance, drugs, or alcohol.
2. I understand that I am not allowed to possess or be in the presence of illegal substances, drugs, or
alcohol.
3. I understand that I am not permitted to use prescription medication that I have not been prescribed.
4. I understand that I must inform my physician that I am participating in a substance abuse program prior
to the prescribing of any medication.
5. I understand that I must inform Drug Court immediately of any medication prescribed to me and provide
copies of that prescription to the Drug Court Office. I understand that my medication use may be
monitored to ensure compliance with my prescription.
6. I understand that I will be tested for the presence of drugs and alcohol in my system on a random basis
according to procedures set forth by the Drug Court Team.
7. I understand that I must call the drug testing telephone line Monday through Friday to determine if my
phase is required to provide a urine sample and am required to provide a sample by 5 pm.
8. I understand that it is my responsibility to arrange for providing a urine sample on my phase day before
5 pm.
9. I understand that I must be available on weekends and holidays at home or by telephone until 10:30 am
for a random drug test. If fail to make myself available it will be considered a No Show and considered a
positive test subject to sanction.
10. I understand that if I miss a test or I am late for a test that it will be considered a No Show and
considered a positive test subject to sanction.
11. I understand that if I fail to provide a sample, or a sufficient sample amount, it will be considered a
positive test.
12. I understand that if I provide a sample that appears diluted I may be asked to provide another sample.
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix g. Drug Use and Testing Observation Agreement.doc
13. I understand that I have been informed that the ingestion of excessive amounts of fluids can result in a
diluted urine sample and I understand that my urine sample will be tested to ensure that the sample is not
dilute.
14. I understand that substituting or altering my specimen or trying in any way to modify my body fluids for
the purpose of changing the drug testing results will be considered as a positive test for drugs/alcohol
and will result in sanctioning and may be grounds for additional sanctioning.
15. I understand that my urinalysis will be will be conducted by same-sex staff and “frontal” observation of
the donor will be utilized to ensure that the sample being provided is authentic and to prevent
substitution or altering of the sample. I understand that if I refuse to comply with my test being observed
that my test will be considered positive.
16. I understand that if I test positive for alcohol or drugs on an “instant” test device my sample will be sent
to an independent lab for confirmation of the positive test result.
17. I understand that I may not challenge the validity of the test by using my own testing device or lab.
18. I understand the information in the EtG Testing and Incidental Alcohol Exposure Contract.
19. I understand that if I am ordered to have a Scram Bracelet or Sobrietor to monitor for the use of alcohol
that I will comply with the rules and policies of those devices.
20. I understand that a positive urinalysis is considered a positive test regardless of how that substance
entered into my body.
21. I understand that a “contact high” or “second hand smoke” is not an excuse for a positive marijuana test.
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix g. Drug Use and Testing Observation Agreement.doc
THIRTEENTH JUDICIAL DISTRICT SANDOVAL COUNTY JUVENILE DRUG COURT
DRUG USE AND TESTING OBSERVATION AGREEMENT
CLIENT NAME: __________________________
I HAVE RECEIVED AND READ, OR HAVE HAD IT READ TO ME, AND UNDERSTAND THE
DRUG TESTING AND OBSERVATION AGREEMENT.
_________________________________________ _______________________
Participant Date
_________________________________________ _______________________
Parent/Guardian/Custodian Date
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix h. EtG Contract.doc
THIRTEENTH JUDICIAL DISTRICT SANDOVAL COUNTY JUVENILE DRUG COURT
EtG/EtS TESTING & INCIDENTAL ALCOHOL EXPOSURE CONTRACT
Recent advances in the science of alcohol detection in urine have greatly increased the ability to detect even trace
amounts of alcohol consumption. In addition, these tests are capable of detecting alcohol ingestion for significantly
longer periods of time after a drinking episode. Because these tests are sensitive, in rare circumstances, exposure to
non-beverage alcohol sources can result in detectable levels of alcohol (or its breakdown products). In order to
preserve the integrity of the Drug Court testing program, it has become necessary for us to restrict and/or advise Drug
Court participants regarding the use of certain alcohol-containing products.
It is YOUR responsibility to limit your exposure to the products and substances detailed below that contain ethyl
alcohol. It is YOUR responsibility to read product labels, to know what is contained in the products you use and
consume and to stop and inspect these products BEFORE you use them. Use of the products detailed below in
violation of this contract will NOT be allowed as an excuse for a positive test result. When in doubt, don’t use,
consume or apply.
COUGH SYRUPS AND OTHER LIGUID MEDICATIONS: Drug Court participants have always been prohibited
from using alcohol-containing cough/cold syrups, such as Nyquil. Other cough syrup brands and numerous other liquid
medications, rely upon ethyl alcohol as a solvent. Drug Court participants are required to read product labels carefully
to determine if they contain ethyl alcohol (ethanol). All prescription and over-the-counter medications should be
reviewed with Drug Court staff BEFORE use. Information on the composition of prescription medications should be
available upon request from your pharmacist. Non-alcohol containing cough and cold remedies are readily available at
most pharmacies and major retail stores.
NON-ALCOHOLIC BEER AND WINE: Although legally considered non-alcoholic, NA Beers (e.g. O’Doul’s,
Sharps) do contain a residual amount of alcohol that may result in a positive test for alcohol, if consumed. Drug Court
participants are NOT permitted to ingest non-alcoholic beers or wines.
FOOD AND OTHER INGESTIBLE PRODUCTS: The are numerous other consumable products that contain ethyl
alcohol that could result in a positive test for alcohol. Flavoring extracts, such as vanilla and almond extract, and liquid
herbal extracts (such as Ginko Biloba), could result in a positive screen for alcohol or its breakdown products.
Communion wine, food cooked with wine, and flambe’ dishes (alcohol poured over a food and ignited such as cherries
jubilee, baked Alaska, bananas foster) must be avoided. Read carefully the labels on any liquid herbal or homeopathic
remedy and do not ingest without approval of Drug Court staff.
MOUTHWASH AND BREATH STRIPS: Most mouthwashes (Listermint, Cepacol, etc.) and other breath cleansing
products contain ethyl alcohol. The use of mouthwashes containing ethyl alcohol can produce a positive test result.
Drug Court participants are required to read product labels and educate themselves as to whether a mouthwash product
contains ethyl alcohol. Use of ethyl alcohol-containing mouthwashes and breath strips by Drug Court participants is
not permitted. Non-alcohol mouthwashes are readily available and are an acceptable alternative. If you have questions
about a particular product, discuss it with Drug Court staff BEFORE use.
HAND SANITIZERS: Hand sanitizers (e.g. Purell, Germex, etc.) and other antiseptic gels and foams used to
disinfect hands contain up to 70% ethyl alcohol. Excessive, unnecessary or repeated use of these products could result
in a positive urine test. Hand washing with soap and water are just as effective for killing germs.
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix h. EtG Contract.doc
HYGEINE PRODUCTS: Aftershaves, perfumes, and colognes, hair sprays and mousse, astringents, insecticides (bug
sprays such as Off) and some body washes contain ethyl alcohol. While it is unlikely that limited use of these products
would result in a positive test for alcohol, or its breakdown products, excessive, unnecessary or repeated use of these
products could affect test results. Participants must use such products sparingly to avoid reaching detection levels. Just
as the court requires Drug Court participants to regulate their fluid intake to avoid dilute samples, it is likewise
incumbent upon each participant to limit their use of topically applied (on the skin) products containing ethyl alcohol.
SOLVENTS AND LACQUERS: Many solvents, lacquers, and surface preparation products used in industry,
construction, and the home contain ethyl alcohol. Both excessive inhalation of vapors, and topical exposure to such
products, can potentially cause a positive test result for alcohol. As with the products noted above, Drug Court
participants must educate themselves as to the ingredients in the products they are using. There are alternatives to
nearly any item containing ethyl alcohol. Frequency of use and duration to exposure to such products should be kept to
a minimum. A positive test result will not be excused by reference to use of an alcohol-based solvent. If you are
employed where contact with such products cannot be avoided, you need to discuss it with Drug Court staff. Do not
wait for a positive result to do so.
REMEMBER…WHEN IN DOUBT, DON’T USE, CONSUME, OR APPLY!
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix h. EtG Contract.doc
THIRTEENTH JUDICIAL DISTRICT SANDOVAL COUNTY JUVENILE DRUG COURT
EtG/EtS TESTING & INCIDENTAL ALCOHOL EXPOSURE CONTRACT
CLIENT NAME: __________________________________________
I HAVE RECEIVED AND READ, OR HAVE HAD IT READ TO ME, AND UNDERSTAND MY
RESPOSIBILITIES TOWARDS EtG TESTING AND INCIDENTAL ALCOHOL EXPOSURE.
____________________________________ __________________________
Participant Date
____________________________________ __________________________
Parent/Guardian/Custodian Date
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix i. Electronic Monitoring Agreement.doc
THIRTEENTH JUDICIAL DISTRICT SANDOVAL COUNTY JUVENILE DRUG COURT
Electronic Monitoring Agreement
CLIENT:
DATE:
I acknowledge receipt of the following equipment:
Initial Here
FMD #: _________
XMT #: _________
AMD #: _________
1 PHONE CORD _________
1 AC ADAPTER _________
1 SOBRIETOR CABLE _________
1 DISTRIBUTOR BOX _________
I understand that I am responsible for the repair or replacement of any of the above
damaged or lost equipment. I have read, understand, and agree to abide by the rules and
instructions for the use of an ankle monitor device and/or Sobrietor while in the Sandoval
County Juvenile Drug Court Program.
___________________________________ _________________
Client Signature Date
___________________________________ _________________
Parent or Guardian Signature Date
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix j. Ankle Monitor Instructions.doc
THIRTEENTH JUDICIAL DISTRICT SANDOVAL COUNTY JUVENILE DRUG COURT
ANKLE MONITOR INSTRUCTIONS
1. You must have a phone line with no extra services. This means no Internet, no call
waiting, no call forwarding, no caller id, no call block, no voice mail, no satellite TV or
any other phone services except basic phone service. You may be required to bring a
copy of your latest phone bill to ensure that you do not have any of these services on your
phone line.
2. If you are on the phone and hear any static, noises or beeping it is the device trying to call
in. You must get off the phone and stay off the phone for 10 minutes to give the device
the opportunity to call in. You may then use the phone.
3. Do not put anything between your ankle and the device, including socks. You may
shower with your bracelet, but do not submerge the bracelet in water for extended periods
of time. NO SWIMMING.
4. If there is a problem with the equipment, call the Drug Court office immediately.
5. If you damage, lose or throw away any part of the equipment, your
parent/guardian/custodian and you will be held responsible for repair or replacement.
6. You may not unplug the equipment at anytime from the phone jack or power outlet.
7. Other:__________________________________________________________________
________________________________________________________________________
________________________________________________________________________
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix k. Sobrietor Instructions.doc
THIRTEENTH JUDICIAL DISTRICT SANDOVAL COUNTY JUVENILE DRUG COURT
INSTRUCTIONS FOR SOBRIETORS
1. You must have a plain phone line with no extra services. This means no Internet, no call waiting, no call
forwarding, no caller id, no call block, no voice mail, no satellite TV or any other phone services except
basic phone service. You may be required to bring a copy of your latest phone bill to ensure that you do not
have any of these services on your phone line.
2. If you are on the phone and hear any static, noises or beeping it is the device trying to call in. You must get
off the phone and stay off the phone for 10 minutes to give the device the opportunity to call in. You may
then use the phone.
3. The Sobrietor’s alarm will sound to call you to take a test. When it does, you will have enough time to go
around and turn off the TV, radio etc. It must be quiet in the room to perform the voice test.
4. You may not use mouthwash or anything with alcohol including all aerosols (spray cans), hairspray etc.,
while you have a Sobrietor. Check all labels to make sure that the product you using does not contain
alcohol.
5. If you are on an Ankle Monitor as well, once you come home you must stay home for 15 minutes before
leaving again so you can take an alcohol test. Make sure that anyone who is on the phone when you get
home gets off the phone immediately so you can get your test upon entrance. Make sure that you do not
pick up the phone when it rings when you come home, as it is the Sobrietor sending you a test. If you do
not allow the test to come through, it will be counted as a positive Sobrietor test.
6. You must hold the Sobrietor with both hands tightly against your face while taking test. If you remove the
Sobrietor from your face before taking the test, it will be counted as a positive Sobrietor test.
7. Voice verification failures will be counted as missed/positive tests.
8. If you miss a test, it will be counted as a positive Sobrietor test.
9. When taking a Sobrietor test you must sit up straight and hold Sobrietor with both hands as instructed by
the installer.
10. If there is a problem with the equipment, call the Drug Court office immediately.
11. If you damage, lose or throw away any part of the equipment, your parent/guardian/custodian and you will
be held responsible for repair or replacement.
12. Do not unplug the Sobrietor from the wall outlet, phone jack, or ankle monitor device at anytime.
13. Other _____________________________________________________________________________
___________________________________________________________________________________
SUBSTANCE USE APPOINTMENTS
Positive (Dirty) UA /
Technical "Dirty"Missed or "No Show" House Arrest Behavior
Attendance /
Behavior GradesSuspension
Sanction Sanction Sanction Sanction Sanction Sanction
1ST Warning Warning Warning Warning
2ND Letter of Apology Writing Assignment Writing Assignment Writing Assignment
3RD Writing Assignment 1 Day Community Service 1 Day Community Service
1 hour Tutoring or
community service for
each incident
4TH 1 Day Community Service
2 Days Community
Service
2 Days Community
ServiceSchool Conference
5TH 2 Days Community
Service
SANCTIONS GRID - PHASE ZERO
OF
FE
NS
E # SCHOOLHOME
The following offenses also result in the client not earning the week toward the next phase in which it
occurred: Missed counseling appointment, missed group therapy appointment, No book at Group, No parent
at Group, No parent at Drug Court.
NOTE: This sanctions grid serves as a guide ONLY. It is not definitive. The Juvenile Drug
Court Team may customize sanctions as it deems appropriate.
SANDOVAL COUNTY JUVENILE DRUG COURT
6TH
Customized Sanction,
Detention, Probation
Violation, Program
Termination
All suspensions from
school require
community service on
days suspended and
Customized Sanction to
address reason for
suspension.
A positive ("dirty") UA
while in Phase Zero
results in being placed
into detention until client
tests clean from all
substances.
Customized Sanction,
Detention, Probation
Violation, Program
Termination
Customized Sanction,
Detention, Probation
Violation, Program
Termination
Customized Sanction,
Probation Violation,
Program Termination
P&P 9 Appendix l. Sanctions Grid Phase 0.xls
SUBSTANCE USE APPOINTMENTS
Positive (Dirty) UA /
Technical "Dirty"Missed or "No Show" House Arrest Behavior
Attendance /
Behavior GradesSuspension
Sanction Sanction Sanction Sanction Sanction Sanction
1ST 2 Days Community
ServiceWarning Warning Warning Warning
2ND Community Service
and/or House Arrest
Letter of Apology /
Writing AssignmentWriting Assignment Writing Assignment Writing Assignment
3RD Customized Sanction 1 Day Community Service 1 Day Community Service 1 Day Community Service
1 hour Tutoring or
community service for
each incident
4TH 2 Days Community
Service
2 Days Community
Service
2 Days Community
ServiceSchool Conference
5TH Customized Sanction Customized Sanction Customized Sanction
SANDOVAL COUNTY JUVENILE DRUG COURT
6TH
Customized Sanction,
Detention, Probation
Violation, Program
Termination
Customized Sanction,
Detention, Probation
Violation, Program
Termination
All suspensions from
school require
community service on
days suspended and
Customized Sanction to
address reason for
suspension.Customized Sanction,
Detention, Probation
Violation, Program
Termination
Customized Sanction,
Probation Violation,
Program TerminationCustomized Sanction,
Detention, Probation
Violation, Program
Termination
The following offenses also result in the client not earning the week toward the next phase in which it
occurred: Missed counseling appointment, missed group therapy appointment, No book at Group, No parent
at Group, No parent at Drug Court.
NOTE: This sanctions grid serves as a guide ONLY. It is not definitive. The Juvenile Drug
Court Team may customize sanctions as it deems appropriate.
SANCTIONS GRID - PHASE ONE
OF
FE
NS
E # SCHOOLHOME
P&P 9 Appendix m. Sanctions Grid Phase 1.xls
SUBSTANCE USE APPOINTMENTS
Positive (Dirty) UA /
Technical "Dirty"Missed or "No Show"
Curfew / House
ArrestBehavior
Attendance /
Behavior GradesSuspension
Sanction Sanction Sanction Sanction Sanction Sanction
1ST 2 Days Community
Service
Warning, Drug Court
Appearance
Warning, Drug Court
Appearance
Warning, Drug Court
Appearance
Warning, Drug Court
Appearance
2ND Community Service
and/or House Arrest
Letter of Apology /
Writing AssignmentWriting Assignment Writing Assignment Writing Assignment
3RD Customized Sanction,
Limbo1 Day Community Service 1 Day Community Service 1 Day Community Service
1 hour Tutoring or
community service for
each incident
4TH 2 Days Community
Service
2 Days Community
Service
2 Days Community
ServiceSchool Conference
5TH Customized Sanction,
Limbo
Customized Sanction,
Limbo
Customized Sanction,
Limbo
The following offenses also result in the client not earning the week toward the next phase in which it
occurred: Missed counseling appointment, missed group therapy appointment, No book at Group, No parent
at Group, No parent at Drug Court.
SANDOVAL COUNTY JUVENILE DRUG COURT
6TH
Customized Sanction,
Limbo, Detention,
Probation Violation,
Program Termination
Customized Sanction,
Limbo, Detention,
Probation Violation,
Program Termination
All suspensions from
school require
community service on
days suspended and
Customized Sanction to
address reason for
suspension.Customized Sanction,
Limbo, Detention,
Probation Violation,
Program Termination
Customized Sanction,
Limbo, Detention,
Probation Violation,
Program Termination
Customized Sanction,
Limbo, Detention,
Probation Violation,
Program Termination
All Rule Violations require an appearance at the next Drug Court Session and at the following Drug Court
Session to insure completion of your sanctions.
NOTE: This sanctions grid serves as a guide ONLY. It is not definitive. The Juvenile Drug Court Team may
customize sanctions as it deems appropriate.
SANCTIONS GRID - PHASES 2-4O
FF
EN
SE
# SCHOOLHOME
P&P 9 Appendix n. Sanctions Grid Phase 2-4.xls
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix o. Federal Confidentiality
Agreement.doc
THIRTEENTH JUDICIAL DISTRICT SANDOVAL COUNTY JUVENILE DRUG COURT
ADAPTATION OF SPECIFIC GUIDELINES TO APPLY FEDERAL
CONFIDENTIALITY REQUIREMENTS WITHIN THE CONTEXT OF THE
SANDOVAL COUNTY JUVENILE DRUG COURT OF THE THIRTEENTH JUDICIAL
DISTRICT OF THE STATE OF NEW MEXICO; i.e., MEMORANDUM OF
UNDERSTANDING.
The Sandoval County Juvenile Drug Court of the Thirteenth Judicial District of the
State of New Mexico and Drug Court Team members adapt below listed confidentiality
guidelines statements and fully agree to follow and to apply them within the context of all
operations that impact the practices and procedures of the Juvenile Drug Court program
of Sandoval County. These guidelines shall take immediate effect, and they shall remain in
effect for all replacements of the initial team member signatories to this memorandum.
These guidelines may be amended, changed, eliminated, or added to by the agreement of
three-quarters of the designated Juvenile Drug Court Team members.
CONFIDENTIALITY GUIDELINES
1. As a general rule, drug and alcohol abuse treatment records for diagnosis, referral for
treatment, treatment and prognosis must be kept strictly confidential by all members of the
Drug Court Team and by the Drug Court.
2. The Court, the treatment program, Hogares and its treatment staff, and all Juvenile
Drug Court Team members shall maintain secure procedures for access to any written or
computer records, including by not limited to locked rooms, separately secured file
cabinets, and limited access security codes for controlled data input and access.
3. To permit Drug Court functions within the context of the delinquency Children’s
Court system, all Drug Court participants must sign a revocable consent form that
governs the release of confidential participant records/information to the Juvenile
Drug Court Team members. Drug Court consent to disclosure is limited to
information that is necessary to carry out the functions of the Drug Court:
a. reports on the participant’s eligibility/acceptability for substance abuse
treatment services.
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix o. Federal Confidentiality
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b. reports regarding treatment, attendance, compliance and progress in
accordance with the Drug Court monitoring criteria necessary for compliance with the
Drug Court Program.
4. Consent for disclosure of confidential substance abuse treatment information is not
permanent. Consent for disclosure ends when the participant’s involvement with Juvenile
Drug Court has been formally and effectively terminated by either the participant’s
exclusion from Juvenile Drug Court due to non-compliance with the Drug Court rules,
regulations and procedures or by the participant’s successful completion of Juvenile Drug
Court and release from court and/or probation supervision.
5. Participants should have an opportunity to consult with an attorney or a member of the
attorney’s defense team and a parent/guardian/custodian prior to signing the consent for
disclosure of confidential substance abuse treatment information. Defense counsel or
authorized defense team member and the parent/guardian/custodian shall sign the consent
form as confirmation that a voluntary, knowing and intelligent consent is proffered by the
participant.
6. Redisclosure of confidential substance abuse treatment information by Juvenile Drug
Court Team members is limited to the carrying out of their official duties within the
context of the particular drug court case. Performance of official duties includes courtroom
and non-courtroom reviews and discussions by the Juvenile Drug Court Team about the
participant’s diagnosis, compliance, progress, and treatment.
7. Information disclosed or redisclosed in connection with Juvenile Drug Court
participant diagnostic evaluations, reviews, or discussions may not be used against a drug
court participant with other delinquency or criminal proceedings or with regard to another
person.
8. When a potential Drug Court candidate signs a consent form and complies with
Juvenile Drug Court admission procedures, but he/she is subsequently rejected for the
Juvenile Drug Court Program, the candidate’s statements in contemplation of treatment
shall be privileged and shall not be used against him/her in any subsequent court
proceedings, delinquency/criminal investigations, or prosecutions.
9. The Drug Court Treatment Program shall not disclose information about current or
former clients in response to a subpoena (even one signed by a judge), unless the client has
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix o. Federal Confidentiality
Agreement.doc
signed a consent form authorizing the disclosure of subpoenaed records or unless a court of
competent jurisdiction enters an authorizing order.
10. If a court order for disclosure of substance abuse treatment information is requested as
part of a delinquency/criminal investigation or prosecution, the Juvenile Drug Court shall
conduct a hearing, and it shall apply the federally mandated criteria for such
determinations as outlined in the federal regulations at 42 C. F. R. 2.65.
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix o. Federal Confidentiality
Agreement.doc
THIRTEENTH JUDICIAL DISTRICT SANDOVAL COUNTY JUVENILE DRUG COURT
STATEMENT RECOGNIZING THE APPLICABILITY OF
FEDERAL CONFIDENTIALITY REGULATIONS
I HEREBY AGREE TO ABIDE BY THE FEDERAL CONFIDENTIALITY REGULATIONS
AS STATED IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DRUG
COURT TEAM MEMBERS WITH REGARD TO THE CONFIDENTIALITY OF DRUG
COURT PARTICIPANT RECORDS AND INFORMATION. I HAVE READ THE
STATEMENT RECOGNIZING THE APPLICABILITY OF FEDERAL CONFIDENTIALITY
REGULATIONS AND THE ADOPTION OF SPECIFIC GUIDELINES TO APPLY FEDERAL
CONFIDENTIALITY REQUIREMENTS WHICH INCLUDES CONFIDENTIALITY
GUIDELINES WITHIN THE CONTEXT OF THE SANDOVAL COUNTY JUVENILE DRUG
COURT OF THE THIRTEENTH JUDICIAL DISTRICT COURT
_______________________________ ______________________________
SIGNATURE DATE
C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix p. Federal Confidentiality
Agreement Weekly Sign In.doc
THIRTEENTH JUDICIAL DISTRICT SANDOVAL COUNTY JUVENILE DRUG COURT
STATEMENT RECOGNIZING THE APPLICABILITY OF FEDERAL
CONFIDENTIALITY REGULATIONS.
The federal Public Health Service Act and regulations on the confidentiality of alcohol and drug
abuse patient records do apply to federally assisted drug treatment court programs. The
confidentiality of alcohol and drug abuse client records maintained by this program is protected by
federal law and regulations. Therefore, the Sandoval County Juvenile Drug Court and its Drug
Court Team recognize and adopt these federal regulations as the applicable confidentiality
standards that govern Juvenile Drug Court practices and procedures pertaining to the release of
client/participant diagnostic, treatment referral and treatment records. For further amplification
of the adaptation of specific guidelines to apply federal confidentiality requirements within the
context of the Sandoval County Juvenile Drug Court, please review the back of this sheet.
SANDOVAL COUNTY JUVENILE DRUG COURT REVIEW TEAM ROSTER
FOR THE DATE OF: _________________________
NAME TITLE
1. _________________________ _________________________
2. _________________________ _________________________
3. _________________________ _________________________
4. _________________________ _________________________
5. _________________________ _________________________
6. _________________________ _________________________
7. _________________________ _________________________
8. _________________________ _________________________
9. _________________________ _________________________
10. _________________________ _________________________
11. _________________________ _________________________
12. _________________________ _________________________
13. _________________________ _________________________
14. _________________________ _________________________
15. _________________________ _________________________
16. _________________________ _________________________
17. _________________________ _________________________
18. _________________________ _________________________
19. _________________________ _________________________
20. _________________________ _________________________