PROGRAM HANDBOOK Teton County Court Supervised Treatment Program P.O. Box 2906 185 S. Willow St., 2nd Floor Jackson, WY 83001 307-732-5778 drugcourt@tetonwyo.org Program Handbook 1 of 13 9-1-2011 Welcome to the Teton County Court Supervised Treatment Program. This is a team approach to a very serious personal and social problem. The Teton County Court Supervised Treatment Program Team is here to do our jobs so that you can achieve and maintain sobriety from alcohol and drug addiction. There are a lot of people supporting you, including, the Teton County Court Supervised Treatment Program Team, other participants, program graduates, and partnering community agencies. We look forward to working with you toward your successful completion of this program and a clean and sober life. The Teton County Court Supervised Treatment Program Team (Program Team) Timothy C. Day Program Judge Steve Weichman County and Prosecuting Attorney Robert Stepans Public Defender Charles V. Shinkle, Jr. WY Dept. or Corrections Probation Officer Jeff Decker Curran-Seeley Foundation Jennifer Carter Troy Sutton Sergeant, Teton County Jail Anne Comeaux Program Director Dick Stout Defense Attorney, DeFazio Law Offices Melissa Owens Program Magistrate Program Handbook Jackson Hole Community Counseling Center 2 of 13 9-1-2011 INTRODUCTION The Teton County Court Supervised Treatment Program (Program) is designed primarily for people with multiple drunk driving and/or illegal drug convictions. Persons with prior violent felony convictions or whose current offense/conviction includes violence are not eligible for the Teton County Court Supervised Treatment Program. You enter the program by pleading guilty and being sentenced to complete the Program. You may receive a lesser jail sentence by agreeing to enter and complete the program, but the maximum can be imposed if you fail the program. As a person whose legal problems stem from substance abuse, this program is especially designed for you. As you enter this voluntary, intensely supervised treatment program, you will need to be motivated to work toward changing your lifestyle and becoming free from alcohol and illegal drugs. This program is accessible regardless of race, religion, sex, ethnic origin, sexual orientation, marital status, age, or physical and/or mental disability. PROGRAM RULES We believe that if you follow two simple rules you will succeed in this program: 1. BE HONEST. Of all the rules, this is often the most difficult. The Program Team and the court expect you to be honest in all areas of your life. Do not attempt to falsify records, conceal alcohol/drug use or tamper with or dilute your urine. Eventually, you will get caught. 2. SHOW UP. Be on time for therapy groups, meetings and court. RESIDENCE You need to be a resident of Teton or north Lincoln County. You cannot participate in this program if you are a resident of Idaho. You will be expected to remain in these areas unless you receive permission from the court. COST OF THE PROGRAM As part of your criminal case, you may be ordered to pay certain fines, restitution, court costs, and participation fees in the Program. A monthly program fee of $50.00 begins after the first sixty (60) days of the program. All payments must be made in cash or money orders. All program fees must be paid in full before you are eligible to graduate. An additional, one-time, $50 electronic monitoring setup fee is charged to participants placed on electronic monitoring programs. All fees are subject to change and participants will be notified in writing of any changes. You will also be required to contribute to treatment costs on a sliding fee scale. These payments will be made directly to treatment. Program Handbook 3 of 13 9-1-2011 TREATMENT All Program participants must have a substance abuse evaluation before entering the program. The assessment determines the required treatment. Then a treatment plan will be developed between you and your primary counselor. There is very little tolerance for missed counseling appointments. If you do not believe you need treatment, you do not belong in this program. The Program Team will be communicating on a regular basis with your counselors to discuss progress and attendance. The Program Team reserves the right to alter your treatment plan to better suit your needs. THE PROGRAM TEAM The Program Team consists of the Judge, Program Director, Prosecutor, Defense Counsel, Probation Officer, Law Enforcement Personnel, Substance Abuse and Mental Health Treatment Providers, Local Politicians and YOU. You are the main player. The rest of us are here to support you. Each case is reviewed on a regular basis by the team members prior to court review hearings. A list of specific team members is attached at the end of this handbook with their contact information. REVIEW HEARINGS Program participants are required to attend regular court review hearings. Participants will be required to attend these hearings as directed by the Program Team. The Program Team will be present at court hearings as well as other program participants, their family members and their friends. The Judge will review your progress with you, the treatment provider and probation officer, and will determine what incentives, sanctions or adjustments may be appropriate. The exchange of information regarding clients that occurs between team members in staffing before court appearances is a key component of a successful drug court program. The Judge presiding over the drug court program is a part of the staffing and may receive information about you from treatment providers, probation officers, law enforcement officers, prosecutors, social workers and others. This information is received by the Judge in the absence of you or your attorney and is known as an "ex parte communication." Prior to enrollment, a participant must sign a waiver that acknowledges and accepts this as part of program operations. You are encouraged to ask the Judge any questions and voice any concerns you may have about your participation in the program. You will be given verbal and/or written notice of your next court review hearing. It is your responsibility to keep track of your court dates. You will not receive additional notices in the mail. REPORTING TO PROBATION Program participants are expected to report to their Probation Officer on a regular basis. You are expected to report when asked and to be on time. You should come prepared with proof of all treatment completed, including community 12 step meeting attendance, and any other verification that is requested. You will be required to fill out a weekly schedule and be expected Program Handbook 4 of 13 9-1-2011 to follow it as it is turned in to your probation agent. If you have changes in your life such as address, roommates, employment, etc., you will need to inform and obtain permission from your Probation Officer as soon as possible. EMPLOYMENT OR SCHOOL As part of your participation in the Program, you will be required to be employed full time, or in school or doing community service. We strongly encourage you to notify your employer of your participation in this program including required court appearances and group sessions. ELECTRONIC MONITORING Participants are required to participate in alcohol monitoring programs. SCRAM bracelets are used for a minimum of 90 days and longer when necessary for continued monitoring. PBT’S AND URINE SCREENS Program participants are expected to take random PBT (portable breath tests) and random urine screens. These tests may be given by a Probation Officer, a Program Staff, Program Treatment Providers, a Law Enforcement Officer or other program partners. SANCTIONS AND INCENTIVES If a participant is doing well in the program and following all guidelines and maintaining sobriety, certain incentives may be awarded such as gift certificates, free time approval, level advancement, reduced court hearings, etc. If a participant violates any condition of the Program, administrative sanctions may be imposed, including but not limited to immediate arrest, jail time, community service, house arrest and increased contact with the Probation Officer and/or Treatment Providers. These sanctions may be imposed immediately. If a participant challenges underlying facts used to impose jail sanctions, they may request a hearing to review the matter. PARTCIPANTS ON MEDICATION Participants must disclose all medications that they are taking before entering Drug Court. Participants must sign releases for any physician whom they have been under the medical care of in the past six months. Program Handbook 5 of 13 9-1-2011 OTHER TREATMENT AND COMMUNITY SUPPORTS SERVICES AVAILABLE Upon entering the Drug Court program, individuals will have access to mental health screening through contracted providers. Basic screenings include the Beck Depression inventory and the Millon Clinical Multiaxial Inventory – III Assessment or other research based, best practice assessment tools. Case management services will be available for participants who enroll in mental health services. Psychiatric services are also available. A full list of community support services is provided to participants upon enrollment and during case plan development. TETON COUNTY COURT SUPERVISED TREATMENT PROGRAM LEVEL REQUIREMENTS OVERVIEW Minimum and Maximum Length Of Program: The Program is a minimum twelve month program. Participants must complete the program prior to the term of their probation. The following description of Program Level requirements reflect common expectations set during each level. Individualized case plans may result in modified Level requirements. Expectations throughout the program: o Be upfront and honest o Attend weekly probation meetings o Attend scheduled court reviews o Attend treatment groups, individual counseling and community recovery groups as required o Verifying attendance at all required treatment and community recovery group hours by turning in required signature sheets o Follow through on treatment and case plan goals o Attend random testing as directed o Engage in full time work/school o Abide by supervision curfew o Stay current on payment plans o Unexcused absence or program violations delay possible level advancement for a minimum of 20 days Level I: Recovery and Responsibility to Self Program Handbook Minimum 10 treatment hours per week with attendance verified on signature sheets Daily Portable Breath Tests (PBTS) at the jail Meet with Mental Health Team Member to review complete list of available services/referrals and complete assessments as required* Weekly schedules with probation with limited free time SCRAM bracelet alcohol monitoring Follow through on treatment and case plan goals No program violations or unexcused absences/lates for twenty (20) consecutive days to be considered for Level II 30 days consecutive days sobriety before being considered for Level II 6 of 13 9-1-2011 Level II: Maintenance of Recovery and Responsibility to Others Minimum 6 approved treatment hours per week with attendance verified on signature sheets Daily Portable Breath Tests (PBTS) at the jail continue as needed Weekly schedules with increased free time SCRAM monitoring continues. 1st review at 90 days. Follow through on treatment and case plan goals No program violations or unexcused absences/lates for twenty (20) consecutive days to be considered for Level III Sixty (60) consecutive days sobriety before being able to be considered for Level III Level III: Maintenance of Recovery and Responsibility to Self and Others Minimum 5 treatment related hours per week with attendance verified on signature sheets Community Involvement Project Proposal approval before consideration to move to Level IV Follow through on treatment and case plan goals No program violations or unexcused absences/lates for twenty (20) consecutive days to be considered for Level IV No substance use for at least ninety (90) consecutive days to be considered for Level IV Level IV: Aftercare - Reinforce a Pro-Social Sober, and Legal Lifestyle This treatment and monitoring phase is the final phase of the Program. Intervention will focus on aftercare and individual recovery through increased involvement with support groups, family relationships, continued educational/vocational training and volunteerism in the community. The participant will develop an after drug court plan with assistance from the Program Treatment Provider and Probation Officer. The plan will include: identification of an alcohol/drug free support network; relapse prevention strategies; identification of pro-social activities; identification of community support groups and educational/vocational goals. Program Handbook Minimum 3 treatment hours per week with attendance verified on signature sheets Completion of a community involvement project proposed by the participant and approved by the Program Team. 7 of 13 9-1-2011 REQUIREMENTS TO COMPLETE THE PROGRAM: 1 year program participation Completion of all court sanctions No substance use for six (6) consecutive months minimum No program violations or unexcused absences/lates for twenty (20) consecutive days Paid all Drug Court Program Fees On schedule with payment plans to court On schedule with payment plans to treatment providers Full completion of treatment plan goals An after drug court plan reviewed with treatment counselors and probation approved by drug court team Graduation All participants are required to attend the event that is scheduled in place of or in addition to a regularly scheduled drug court hearing. Graduates are honored with a certificate, and are encouraged to continue with participation in the alumni group. Continuing Care Post-graduation, participants will continue to have access to continuing care groups, appropriate support services, Drug Court Alumni groups, and the Program Team. Post Program Recognition and Celebration Our hope is that we share the same goal: That when you complete the Program, you have identified your own reasons and incentives to maintain sobriety, make healthy choices and continue positive relationships with friends, family and the community without further involvement in the criminal justice system. Six months after graduation, we invite those graduates who have continued their good work to return to Program, visit with the team and receive additional support and recognition. DISCHARGE You may be suspended or terminated from the program for a variety of reasons. Immediate consideration of termination from the Drug Court Program will occur when a participant: Absconds Has a bench warrant issued Is charged with a new criminal offense including but not limited to Driving Under a Suspended License, Hit and Run, and Driving Without Insurance Is convicted of a new criminal offense Has been terminated from their current treatment program Program Handbook 8 of 13 9-1-2011 A violation of any program rule (including but not limited to the following list) may result in termination: Clear demonstration of lack of commitment or progress, over a period of time, from the participant Positive urine test Missed or refused urine test Failure to attend court Failure to participate or cooperate in counseling Failure to verify treatment hours with signatures Failure to report to Program Probation Officer Failure to attend outside programs recommended and required by the Program Team. Failure to attend school or work If treatment providers recommend in-patient treatment, a participant will not automatically be terminated from the program, but may be given the option to return to the program upon completion of treatment. If for any reason, a participant is physically or mentally incapable of participating in the program they may be reviewed for discharge. Participants will be provided notice of the team's decision to recommend termination from the Drug Court Program. Participants have a right to request a hearing to challenge the facts upon which the termination is based. The Participant has a right to have counsel assist them in this process. Program Handbook 9 of 13 9-1-2011 ELIGIBILITY CRITERIA Applications will be accepted from any defendant when the application process is OPEN. FIRST SCREENING: Applicants must meet minimum eligibility criteria to proceed to the second phase of screening: Are 18 years of age or older, or legally emancipated and Are a repeat offender with multiple DUI or substance abuse related charges and/or probation violations and Are a Teton County, Wyoming resident or north Lincoln County (Smoot or above) resident and Are capable to participate in intervention activities and Per federal funding regulations, whose current offense, whether felony or misdemeanor, does not include violence towards another person and Have no known offenses that violate the criminal history criteria described below and Meet all other mandated criteria established by state and federal funding guidelines and Have a criminal charge in Teton County Circuit Court or District Court (A criminal charge in another WY Circuit or District Court may qualify and will be considered on a case by case basis). Agree to abide by all program requirements, sign the Program Agreement and the Program Waiver of Rights if accepted to enroll. SECOND SCREENING: Applicants must meet the following eligibility criteria for the drug court team to proceed to a final review for acceptance: Criminal History (as confirmed by Probation Officer’s criminal history review): Is not a violent offender according to Bureau of Justice Assistance's (BJA) Drug Court Discretionary Grant Program: FY2009 Resource Guide for Applicants: 1. Is charged with or convicted of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which: A. The person carried, possessed, or used a firearm or another dangerous weapon; and B. There occurred the use of force against the person of another; or C. There occurred the death of, or serious bodily injury to, any person, without regard to whether any of the circumstances described above is an element of the offense or conduct of which or for which the person is charged or convicted; or 2. Has one or more prior convictions of a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. BJA Note: This definition includes recent amendments made by the Second Chance Act of 2007, Pub. L. 110-199. CSTP Note: Exceptions are allowable in certain circumstances, depending on individual case circumstances and current program funding requirements. Program Handbook 10 of 13 9-1-2011 Substance Abuse Diagnosis and Treatment Placement (as indicated in a current state certified substance abuse evaluation): Substance abuse dependency and ASAM placement of Level III Residential Treatment or Level II.1 Intensive Outpatient Treatment in a current substance abuse assessment. Acceptance to enroll in substance abuse treatment services with contracted providers and according to their policies (FY2012 Providers include Curran-Seeley Foundation and Southwest Counseling). FINAL TEAM REVIEW: Program acceptance decisions also take into consideration additional circumstances, including but not limited to: A current offense that occurred while under the influence of drugs or alcohol or that involves illegal drugs (but does not include violence against another person); A history of substance abuse; A person with prior criminal offenses related to their abuse; Blood alcohol content at time of arrest; Indications of long term area residency (employment history in Teton County, family living in Teton County, housing lease or homeownership, past Teton County residency); It is applicant’s first time entering into a drug court program; Assessments that indicate the presence of one or more of the following risk and needs factors*: – History of prior probation revocations and/or violations – History of prior treatment failures – Have known criminal associations – Family history of crime or addiction – Early onset of criminal activity – Early onset of substance abuse – Antisocial Personality Disorder diagnosis – Major medical diagnosis resulting from continued substance abuse – Major Axis 1 mental health diagnosis – Chronic unemployment – Homelessness The above criteria are general guidelines. Meeting the criteria does not guarantee acceptance and failure to do so does not guarantee refusal. A defendant’s entire criminal history, substance abuse history, treatment history, and personal history also factor into final review. Drug Court applicants must be eligible to enroll in Drug Court contracted substance abuse treatment provider’s programs and the WY Dept. of Corrections’ Drug Court Probation. Acceptance qualifies an applicant for enrollment. Enrollment is possible only if it has been ordered as a part of sentence by a judge. *Doug Marlowe, J.D., Ph.D. Effective Programs for Drug Offenders, Treatment Research Institute at the University of Pennsylvania Program Handbook 11 of 13 9-1-2011 TETON COUNTY COURT SUPERVISED TREATMENT PROGRAM SCREENING AND ENROLLMENT PROCESS o Step 1: Review Program Materials. o Step 2: Complete Program SCREENING questions and authorizations to release information to the Program Team for screening purposes. TURN IN SCREENING PACKAGE TO: Program Director, Anne Comeaux (732-5778) at 185 S. Willow St, 2nd Floor / P.O. Box 2906, Jackson, WY 83001. o Step 3 Defendant must schedule a substance abuse evaluation with a state certified substance abuse program if they have not already had one completed since last arrest. o Step 4: Defendant must contact Drug Court Probation Officer, Charles . Shinkle, Jr. (7335453) to review screening information and detailed criminal history. o Step 5: The Drug Court Team will review screening materials at the first staffing after all materials have been submitted for a final decision on program eligibility. o Step 6: The Drug Court Team notifies the applicant and their attorney about whether or not they have been accepted into the program. For applicants accepted to the program, formal enrollment will only occur IF: You review and sign a waiver of rights that apply to entering drug court in the presence of your attorney and You review and sign the Program rules and agreements with Charles V. Shinkle, Jr., probation officer or Anne Comeaux, Program Director and You voluntarily choose to enroll and A district or circuit court judge chooses to sentence you to complete The Court Supervised Treatment Program as a term of your probation and The Program Judge also signs the waivers and agreements form initiating your participation in the program Please call the Teton County Court Supervised Treatment Program Office at 732-5778 with any questions. Program Handbook 12 of 13 9-1-2011 Teton County Court Supervised Treatment Program Team Anne Comeaux: Program Director Teton County Court Supervised Treatment Program 185 S. Willow, 2nd Floor P.O. Box 2906 Jackson, WY 83001 307-732-5778, Cell 307-690-6295 acomeaux@tetonwyo.org Steve Weichman County Attorney’s Office 180 S. King St. P.O. Box 4068 Jackson, WY 83001 307-733-4012 Timothy C. Day: Drug Court Judge District Court 180 S. King St. P.O. Box 1036 Jackson, WY 83001 307-733-1461 Charles V. Shinkle, Jr.: Probation Officer Wyoming Department of Corrections 125 E. Pearl Ave. Suite 20 P.O. Box 491 Jackson, WY 83001 307-733-5453 Jeff Decker: Substance Abuse Counselor Curran-Seeley P.O. Box 11390 Jackson, WY 83001 307-733-3908 Troy Sutton: Teton County Jail Sergeant Teton County Sheriff’s Office 175 S. Willow St. P.O. Box 1885 Jackson, WY 83001 733-2141 Robert Stepans Public Defender P.O. Box 4200 Jackson, WY 83001 307-733-1067 Jennifer Carter: Mental Health Therapist Jackson Hole Community Counseling Center 640 East Broadway P.O. Box 1868 Jackson, WY 83001 307-733-2046 Program Handbook 13 of 13 Dick Stout, Defense Attorney DeFazio Law Office P.O. Box 4877 Jackson, WY 83001 733-5965 9-1-2011