FORSYTH COUNTY DUI COURT POLICIES AND PROCEDURES MANUAL

Transcription

1 FORSYTH COUNTY DUI COURT POLICIES AND PROCEDURES MANUAL

2 TABLE OF CONTENTS I. Introduction... Pg. 3 II. Steering Committee... Pg. 4 III. Mission Statement...Pg. 5 IV. Goals and Objectives....Pg. 6 V. Structure/Model....Pg. 7 VI. Staffing and Responsibilities...Pg. 9 VII. Target Population....Pg. 11 VIII. Eligibility Criteria/Disqualification Criteria...Pg. 12 IX. Entry Process... Pg. 13 X. Phases..Pg. 14 XI. Termination Criteria....Pg. 17 XII. Graduation/Maximum Benefit Criteria...Pg. 18 XIII. Sanctions, Treatment Response, Incentives, and General Guidelines Pg. 19 XIV. Treatment Protocol..Pg. 30 XV. Probation Protocol... Pg. 32 XVI. DUI Court Office Protocol...Pg. 33 XVII. Participant Requirements...Pg. 35 XVIII. Testing Protocol.. Pg. 37 XIX. Community Resources...Pg. 38 Revised 8/10 2

3 INTRODUCTION This manual is the operations guide for the Forsyth County DUI Court. The DUI Court is designed to coordinate substance abuse intervention with judicial support through an immediate sanctions and incentives process. Participant entry into the DUI Court will be mandatory for the defendants that qualify and charges will not be reduced or dismissed upon successful completion of the Program. A primary goal of the Forsyth County DUI Court Program is to reduce Driving Under the Influence recidivism. It will accomplish this through substance abuse intervention that involves immediate judicial review and supports addressing the offender s substance abuse problem by utilizing a sanction/incentive process. Another goal of the program is to facilitate the re-licensure of participants. Many current DUI offenders do not complete the re-licensure process and participation in the DUI Court Program will increase compliance with issues related to re-licensure while providing to the people of Forsyth County drivers that are less likely to re-offend which increases public safety. The Forsyth County DUI Court Office will provide monitoring of each participant/offender throughout the probationary period ordered by the Court. Referrals into the Forsyth County DUI Court began on February 8, 2006 with Judge T. Russell McClelland, III presiding. Revised 8/10 3

4 STEERING COMMITTEE PURPOSE: This committee is comprised of executive level personnel from each agency to facilitate the process of the DUI Court, to expeditiously resolve issues and to provide buy-in at the upper echelon, so that later committees with non-executive level personnel will be comprised of people who are confident that the Head of each agency has made DUI court a priority mission. The committee has a clear purpose, roles of members are defined, and the committee meets on a regular, quarterly basis. MEMBERS: Honorable T. Russell McClelland, State Court Judge/DUI Court Judge Jennifer O Kelley, DUI Court Coordinator Marshall Ogan, DUI Court Case Manager Leslie Abernathy, Solicitor General Leighton Deming, Criminal Defense Attorney David Savoy, Criminal Defense Attorney Georgia Probation Management, Misdemeanor Probation New Hope Counseling Representative Forsyth County Sheriff s Office Representative Revised 8/10 4

5 MISSION STATEMENT The mission of the Forsyth County DUI Court is to improve community safety and reduce DUI/BUI recidivism by providing multiple DUI/BUI offenders the opportunity to change their lives using enhanced judicial accountability, treatment and increased supervision. Revised 8/10 5

6 GOALS AND OBJECTIVES ** Integrate treatment services with justice system case processing. ** Development of a strong, working relationship between prosecution and defense counsel, promoting public safety while protecting participants due process rights. ** Identify and place eligible participants quickly. ** Provide access to a continuum of alcohol, drug and other related treatment and rehabilitation services. ** Monitor abstinence by frequent alcohol and other drug testing with utilization of any current monitoring technologies that will help the maintenance of abstinence. ** Develop and maintain a coordinated system of sanctions/incentives to facilitate better participant compliance. ** Maintain an ongoing judicial interaction with each participant, recognizing that this is an essential part of the DUI Court process. ** Facilitate an independent evaluation of the overall program goals and a gauge of the program s effectiveness. ** Take a proactive role in education regarding DUI Courts and be active in the DUI Court national community. ** Develop partnerships among drug and DUI courts, public agencies, and community-based organizations that generate local support and enhance overall program effectiveness. ** Facilitate effective treatment services for all local adult populations without regard to sex, age, race, or national origin. ** Provide accountability within the re-licensure process for all participants, facilitating their completion of all re-licensure requirements and a return to legal driving status. ** Reduce the Driving Under the Influence recidivism rate and the impact on the local judicial system and the community. ** Reduce the number of traffic accidents related to DUI offenses. ** Facilitate the participants taking personal responsibility for their own behaviors, substance abuse treatment and empowering them to become productive and responsible members of the community. Revised 8/10 6

7 STRUCTURE/MODEL The Forsyth County DUI Court is a post-plea, post-sentence model offered to eligible participants charged with multiple lifetime DUI or BUI (Boating Under The Influence) offenses. Entry into the program is mandatory for those Defendants that are screened as eligible. Typically, those found guilty of a second DUI/BUI in a seven year span or a third or more DUI/BUI in the lifetime of the defendant are sentenced to a minimum of two or more years to be served on probation, suspension of driver s license, fines, fees, community service, drug and/or alcohol screens, a drug and alcohol assessment and follow-up to the recommendations made in that assessment, etc. However, if an offender tests positive for alcohol or drugs or violates the conditions of probation in any other way, it is likely that he/she will be brought before the Judge for a Revocation Hearing which may involve converting the remainder of the probation sentence to jail time. The DUI Court offers a more forgiving program for those offenders who have an alcohol or drug addiction and want help fighting it. For example, the first time a DUI Court participant tests positive for drugs or alcohol, the sanction will likely be 24 hours in jail. The sanctions will be progressive in severity if violations continue. The DUI Court is also offered as an alternative to a jail time revocation for those offenders that violate their probation conditions by obtaining a new alcohol or drug related charge or testing positive for alcohol or drugs. Court Description The Forsyth County DUI Court Program supports offenders placement and participation in treatment services, recognizing addiction/alcoholism as a treatable disease in which recovery is more attainable through a treatment process than personal effort alone. This DUI Court Program also operates off of the research-driven principle that coerced treatment is effective treatment. The Program recognizes that alcoholism/addiction left untreated affects not only the individual, but also the community as a whole through the actions of the active abuser (such as DUI/BUI offenses). Recovery is an ongoing process for an addicted person and not an event to be accomplished in a prescribed amount of time. Accordingly, each DUI/BUI offender admitted to DUI Court must be assessed for intervention services appropriate to his/her substance use history and needs. The DUI Court Program will provide the level of care appropriate for each participant which may include detoxification and residential treatment. The target population of offenders to be treated will be those offenders who have either two DUI/BUI convictions in the last seven years or three or more DUI/BUI convictions in the lifetime of the offender. The offenders in these groupings have not shown a positive response to the conventional rehabilitation attempts that work for most first-time DUI/BUI offenders. This group is considered to have a significant problem with alcohol and/or other substances. This program is designed to address these offenders. All individuals convicted of DUI/BUI, meeting the standards of admission as deemed appropriate by the Court, and living in the jurisdiction area of 25 miles from Cumming, Georgia will participate in the DUI Court program. Upon adjudication, each offender will complete an intake session with the DUI Court Office. They will be given an appointment time to meet with a representative from their treatment provider at this time and will be placed into the treatment provider s care and given a treatment schedule. The Forsyth County DUI Court will meet on the second and fourth Mondays of each month at 3:00 p.m. for Phases 1 and 2, and at 4:00 p.m. for Phases 3 and 4, and Status Review meetings, conducted by the DUI Court team, will meet on these same Mondays at 1:00 p.m. Revised 8/10 7

8 DUI Court Team The Forsyth County DUI Court is a partnership among the Courts, the Solicitor s Office, the Defense Bar, Law Enforcement, Probation Services, and local, licensed Substance Abuse Treatment Providers. It is coordinated through the DUI Court Office. Status Review Meetings Status Review meetings (held on the second and fourth Mondays of each month at 1:00 p.m.) will include the presiding Judge, the Solicitors Office, the DUI Court Coordinator and Case Manager, the Treatment Provider representative, Law Enforcement representative, Probation Services representative, and an appointed Defense Bar representative. Others that will be able to attend are other Defense Attorneys, participants with legal representation, but their attendance is not mandatory. The DUI Court Office, Probation Services and the Treatment Providers will communicate weekly on all participants progress and any issues that need immediate resolution will be brought to the team. Revised 8/10 8

9 STAFFING AND RESPONSIBILITIES DUI Court Judge The Judge is a vital member of the DUI court team. As team leader, he/she must be committed to this role and willing to recognize and understand the complex and often troubled lives of those who stand before the bench. The Judge must express a sincere commitment to this role and possess a strong personal belief that only by first addressing the underlying problems of substance abuse through intensive treatment and accountability can an offender acquire the ability to stop driving while impaired. The success or failure of a DUI Court in large part depends on the convictions held and strength exuded by the Judge as leader of the program. The DUI Court Judge should also be capable in tempering judicial authority in a manner that encourages teamwork and empowers others to contribute to the team process. He or she must recognize that differences of opinion can often lead to creative solutions to problems; the Judge s role, therefore, is to create an environment where team members are encouraged to offer input, while also being able to make difficult and sometimes risky decisions when necessary. The Judge must also be willing to assume the role of inspirational leader of the team by continually providing encouragement and positive reinforcement to team members. The DUI Court Judge will preside over all DUI Court hearings, authorize necessary referrals to treatment services and reinforce substance abuse intervention through the application of legal sanctions and incentives as appropriate. All sanctions will be immediate and will specifically address the offender s conduct. The DUI Court Judge will have knowledge of the impact of substance abuse on the court system, the lives of participants, and the entire community. The DUI Court Judge is committed to the program mission and goals, working as a lead partner to ensure its success. In the courtroom, the Judge will develop a personal, working relationship with each participant while monitoring participant progress. Solicitors Office The Solicitor s Office will present new cases to the DUI Court Office at the Solicitor-General s discretion, based on eligibility requirements, to be reviewed for placement in the DUI Court Program. The potential participant will be instructed by the Solicitor s Office to report to the DUI Court Office for Orientation. The Solicitor s Office will also provide the DUI Court Office with a list of potential candidates for DUI Court and their scheduled report date for Orientation. The Solicitors Office will attend status review meetings to assist in determining appropriate sanctions and incentives for current participants and will be present at all DUI Court hearings. The Solicitors Office will be updated on DUI Court policy changes and non-compliant participant cases. This office will also contribute to the efforts in community education with the public, peers, colleagues, and the judiciary on the effectiveness of DUI Court. In the event of a termination, the Solicitors Office will make recommendations regarding the revocation of probation. Defense Counsel Defense Counsel, as chosen by the participant, may be present at the DUI Court Sessions and Hearings and status review meetings. Defense attorneys, as part of the case management team, can play a unique and powerful role in promoting and supporting behavioral change. The defense attorney is typically the first system player whom the participant looks to for advice and direction. Defense attorneys are ethically tasked with doing what is in the best interests of the participant. They present the participant with a relatively early opportunity to talk with a non-judgmental and non-threatening person. The defense attorney carries an aura of trust and reliance and in effect authorizes the participant to be vulnerable. The defense attorney can and should be trained to pre-screen for AOD abuse and dependency and provide motivation for the revealing participant to seek more formal assessment and treatment as needed. It is in this sense that the defense attorney kicks off the case management process. Revised 8/10 9

10 A duty attorney as provided by the Forsyth County Indigent Defense Office will be present at all nonrepresented DUI Court pleas, DUI Court Orientations, DUI Court Sessions, and DUI Court Staffings to represent the participants legal rights. DUI Court Office The DUI Court Office acts as the point of contact between all entities involved in the daily operations of the DUI Court. Additionally, this Office monitors, evaluates and provides oversight for treatment services. The DUI Court Coordinator and Case Manager will attend all scheduled Revocation Hearings, participant status hearings and review meetings and will be responsible for all data collection. The Case Manager will prepare a roster of participants progress for the other team members for each DUI Court hearing. The DUI Court Office will also perform an initial drug screen at each participant s intake to evaluate any substances used prior to sentencing. The DUI Court Office also applies for and manages grants for the program. The Coordinator and Case Manager will also perform and interpret drug and alcohol tests. Treatment Provider(s) Treatment Provider(s) will be responsible for providing information on each participant s progress to the DUI Court Office for each Status Review Meeting and Court Session, and to clarify any questions that may come up regarding individual participants and their progress or lack thereof. The treatment representative will also be required to attend all DUI Court Status Review Meetings and Court Sessions. The Providers will also complete weekly, written progress reports on each DUI Court participant in the program and maintain a record in the participants treatment file. The treatment provider will complete ongoing assessments of each participant by performing evaluations prior to the participant moving to the next phase or graduating, and making any appropriate recommendations for the participant s future sobriety. Misdemeanor Probation The Misdemeanor Probation representative will be the liaison between the Probation department and the DUI Court. This person will provide weekly, written documentation to the DUI Court Office and attend all Status Review meetings. The Probation Services liaison will be required to attend all court sessions to provide information that has been part of a sanctioning process or incentive process. The Probation department may refer potential participants for the DUI Court that meet the regular eligibility requirements and have at least twenty-four months left on probation. The Probation department contributes to community education and cooperation with the program and acquisition of community resources to aid the program. The Probation department will make recommendations to the Court in the event of a Revocation Hearing. The Probation representative will request that the inmates serving jail sanctions be brought over for DUI Court Status Review Hearings on his/her appropriate Court session of the month to go in front of the DUI Court Judge. Law Enforcement All DUI Court participants must agree to waive their Fourth Amendment Right to Search and Seizure as a condition of their sentence in order to participate in the DUI Court program. From time to time, and based on the availability of funds, the DUI Court will utilize off-duty Forsyth County Sheriff s Office deputies to randomly conduct searches of the homes of DUI Court participants pursuant to said waivers. During such searches, deputies may perform breathalyzer and drug tests, look in refrigerators, open cabinets, etc., to determine if the participant is in possession of drugs or alcohol. If a participant tests positive for alcohol during a home visit, the deputy will reprimand the participant and then notify the Case Manager by noon on the next business day through a customized home search report. Additionally, if illegal drugs or drug paraphernalia are found in the home, the participant may be arrested on new charges which will likely result in termination from the DUI Court Program. The home visits of participants will raise the level of accountability for each participant in the program. Law Enforcement Revised 8/10 10

11 will be involved in Status Review meetings and Court sessions to contribute to the incentives and sanctioning process. TARGET POPULATION The target population for the Forsyth County DUI Court includes those charged with a second DUI/BUI in seven years or a third DUI/BUI in a lifetime. Non-DUI offenses such as Underage Possession of Alcohol, Possession of Marijuana (less than an ounce), or persons with a demonstrable history of substance abuse or addiction will be considered on a per case basis. The DUI Court team will also consider accepting eligible defendants into the program via a probation revocation. The defendant would be required to have at least 24 months left on his/her probated sentence in order to complete the program in a timely manner. Revised 8/10 11

12 ELIGIBILITY CRITERIA Eligible participants will meet the following criteria: Current 2 nd in 7 years or 3 rd or more in life DUI/BUI charge Must have no prior violent convictions (to include misdemeanor and felony convictions) At least 17 years old No more than 2 felony arrests within the last 10 years to include burglary and felony theft Presence in United States is legally documented Live within a 25 mile radius of Cumming, GA (as measured from the Forsyth County Courthouse) at the time of arrest Must not be taking any Opiates, Benzodiazepines, Amphetamines, Sedatives, or any other addictive medications Probation Eligibility Must test positive for alcohol or drugs or receive a new charge involving alcohol or drugs while on probation Must have at least 24 months left on probation sentence Must have no prior violent convictions (to include misdemeanor and felony convictions) Must be at least 17 years old No more than 2 felony arrests within the last 10 years to include burglary and felony theft Live within a 25 mile radius of Cumming, GA (as measured from the Forsyth County Courthouse) at the time of arrest Must not be taking any Opiates, Benzodiazepines, Amphetamines, Sedatives, or any other addictive medications DISQUALIFICATION CRITERIA The following will disqualify an offender from participation in the Forsyth County DUI Court Program: Violent convictions or history (Nolle Prosequi and FOA will be considered on a case by case basis) Involvement in sale or distribution of illegal drugs Severe and/or untreated mental/physical health problem which would impede their ability to actively participate in and complete the intensive program Presence in the United States is not legally documented Have more than 2 felony arrests within the last 10 years including felony theft and burglary. Live outside a 25 mile radius of Cumming, Georgia (measured from the Forsyth County Courthouse) at the time of arrest Taking any Opiates, Benzodiazepines, Amphetamines, Sedatives, or any other addictive medications Revised 8/10 12

13 ENTRY PROCESS Defendants are identified by the Solicitor General s Office, or by the Probation Officer, based on the criminal history, residency, current charges or violation of probation as potentially eligible for the Forsyth County DUI Court Program. The screening process that is completed by the Solicitor General s office includes a review of the defendant s criminal/driver history to verify there are no prior violent offenses or felony arrests; and a review of the defendant s address (at time of arrest) to determine if the defendant is within the established 25 mile radius of Cumming, Georgia (required for home searches by Forsyth County Deputies and is measured from the Forsyth County Courthouse). The Solicitor s Office will prepare a tracking sheet or other document to be used by the DUI Court Office and other DUI Court team members when discussing or sentencing new participants which shows the following: Number of DUI/BUI convictions which makes the participant eligible, e.g., 2/7, 3/L Blood alcohol level as shown by breath test or blood test, or if DUI/BUI drugs, the type of drug, or if no test, the reason for no test (e.g. refusal) Prior convictions/arrests or prior violent history, if any, which could disqualify participant from DUI Court Whether defendant lives within 25 mile radius of Cumming at the time of arrest Defense attorney, if represented Status of offer communicated to defendant or defendant s attorney If eligible for the program, defendants will complete an Orientation with the DUI Court Office to review DUI Court Program Requirements and have an assessment with the DUI Court Office in order to determine if there are other conflicts that would prohibit the defendant from completing the program successfully (such as mental health problems, physical problems, taking unapproved medications, or any other problems). Following that assessment, defendants will be told to return to court on the assigned plea date to enter their plea into the DUI Court or enter their plea on the same day if applicable. After being sentenced to the DUI Court Program, the defendant will complete an Intake process with the DUI Court Office. This entails completing the Addiction Severity Index, receipt of the Participant Handbook, and other paperwork associated with entrance into the DUI Court Program, and assignment of an Orientation date with the treatment provider. Revised 8/10 13

14 PHASES The Forsyth County DUI Court is a minimum of 18 months in duration and consists of four phases. Phase 1 is the Orientation Phase, Phase 2 is the Transitional Phase, Phase 3 is the Maintenance Phase, and the Phase 4 is the Aftercare Phase. Phase 1 is a minimum of eight (8) weeks in duration. Participants will attend court sessions on the second and fourth Mondays of each month and probation meetings monthly. Treatment groups will occur two (2) times a week combined with a minimum of 2 random, monitored drug/alcohol screens each week. The participant will also attend three (3) AA/NA or other approved self-help meetings per week. The participant will be required to attend a beginner s AA meeting on Mondays at 8:00 p.m. for the duration of Phase 1, and obtain a sponsor before moving to phase 2. The participant will be required to submit a Life Story to the Judge on his/her first DUI Court session (requirements are outlined in the Participant Handbook). The participant will also be required to abide by a curfew of 10:00 p.m. to 6:00 a.m. unless otherwise directed. In order to help the participant become acclimated with the rules and guidelines of the program, he/she will be required to complete an intake with the DUI Court Office before beginning the program. The participant will also be required to complete an Alcohol Awareness class before moving to Phase 2. The participant will be required to have 30 days without jail time sanctions and 30 days of documented sobriety before moving to Phase 2. Phase 2 requires a minimum of twenty-two (22) weeks. Participants will continue to attend court on the second and fourth Mondays of each month and probation meetings monthly. Treatment group attendance will continue two (2) times a week with random, monitored drug/alcohol screens a minimum of 2 times per week. Participants will also attend three (3) AA/NA or other approved self-help meetings per week. Participants are required to complete the DUI School and those with 2 or more DUIs in a five year time period will be required to complete a multiple offender clinical evaluation before moving to Phase 3. Participants will be required to have 60 days without jail time sanctions and 60 days of documented sobriety in order to move to Phase 3. Phase 3 will last a minimum of twenty-two (22) weeks. Court sessions will be attended on the fourth Monday of each month and probation meetings will be attended monthly. Treatment groups will continue at one session per week along with random, monitored drug/alcohol screens, and 3 AA/NA or other approved self-help meetings per week. The participant will be required to complete the Victim Impact Panel (VIP) before being allowed to move to Phase 4. The participants must have 90 days without jail time sanctions and 90 days of documented sobriety to move to Phase 4. Phase 4 is the Aftercare phase. Upon entry into Phase 4, the participant will need to write a Giving Back Project plan and turn it in to the DUI Court Office within 2 weeks of entering Phase 4. If the plan is not turned in within 2 weeks, progressive sanctions will be imposed and the participant will be required to come to every Court session until such plan is submitted. This phase will also be at least 6 months and at most one (1) year in duration. Treatment group attendance will continue at 1 group session per month along with random, monitored drug/alcohol screens, and 3 AA/NA or other approved self-help meetings per week must be attended. Court sessions will be attended on the fourth Monday of each month and probation meetings will be attended monthly until graduation. Participants will be required to prepare a letter to the Judge explaining what they have learned from the DUI Court Program and how they plan to maintain their sober lifestyle after DUI Court (requirements are outlined in the Participant Handbook). Participants will also complete a Giving Back Project that consists of at least 24 hours volunteer time and must be approved by the DUI Court Office (requirements are outlined in the Participant Handbook). The participants must have 90 days without jail time sanctions and 6 months of documented sobriety in order to graduate from the program. Revised 8/10 14

15 *Participants will be required to complete a phase-up evaluation with the treatment team leader at the end of each phase before moving to the next phase. *Each phase-up request will be reviewed by the DUI Court Team before allowing the phase-up. *Law Enforcement home visits may occur during each phase, but will be concentrated during Phase 1 and Phase 4 in order to keep the participant accountable in critical recovery periods. *The number of meetings, etc., listed here are minimum requirements. It may be necessary for participants to submit to additional groups, court sessions, probation appointments, and/or screens based on their level of commitment, progress, etc. Self-Help Meeting Requirements It should also be noted that only 1 AA/NA or other approved self-help meeting per day will be counted for program requirements (unless sanctioned to complete more than the required meetings). If the participant completes more meetings than 1 per day, it will not be counted toward program requirements, but should be recognized by the DUI Court Judge and Team. Participants are not allowed to alter the AA/NA log once it has been signed by the group leader. If an error is made, participants should draw an arrow to another day on the log and write the correct information. Participants will not be allowed to bank AA/NA meetings. An example of banking would be that the participant is required to complete 3 AA/NA meetings per week, and one week the participant completes 4 AA/NA meetings and the second week, the participant completes 2 AA/NA meetings. If the AA/NA log is not turned in to the DUI Court Office on time, or not on the correct log (provided by the DUI Court Office), the participant will be sanctioned as if the meetings were not completed and will be required to make up any missed meetings. If the AA/NA log is filled out incorrectly, the participant will be sanctioned with additional AA/NA meetings. An AA/NA week runs from Friday to the following Thursday and the log will be due on Fridays before 12:00 p.m. to the DUI Court Office or the AA/NA drop box located at the treatment provider. A DUI Court or Drug Court participant cannot sign off on other participants logs. All AA logs should have original signatures (no copies of log are to be submitted) and documentation and should contain no forgeries of any type. Leave Requests Leave requests must be submitted in writing (on the proper request form) to the DUI Court Office. All requests must be submitted to the DUI Court Office Friday by 12:00 pm before the next Court session. Requests will be reviewed the Court date before the anticipated leave. Participants in Phase 1 will not be granted leave for any reason other than emergencies and/or documented court appearances, etc. Phase 2 participants will be granted 1 leave request and will be limited to a maximum of three days. Phase 3 and Phase 4 participants will be granted 2 leave requests per phase and limited to a maximum of 3 days leave per request. The participant will be allowed to miss 1 group counseling session during each leave request, but will be required to make the group up by the next DUI Court session unless otherwise permitted by the DUI Court Office. The participant will be required to provide written documentation of the make-up group and the documentation is to be signed off on by the treatment team leader. The make-up group cannot be made up on the same day as the participants regular group session, unless otherwise specified by the DUI Court Office. The make-up group must not be from a higher phase group. Lastly, the participant will be required to submit to an EtG and drug screen upon returning from the leave. The participant will pay the lab fee for the UDS and this will be added in to their treatment fees. The participant must contact the DUI Court Office to schedule the screens. No leave requests will be granted for out of the country travel. These requests are apart from any emergency, subpoena, court appearance, or attendance at DUI School (as required in Phase 2), etc. Any questions may be directed to the DUI Revised 8/10 15

16 Court Office for clarification. All leave requests will be submitted to the DUI Court Team for review and discussion. The Team will make a recommendation to the DUI Court Judge regarding the leave request, but the DUI Court Judge will have the sole discretion to approve or disapprove the leave request. This process will be completed during DUI Court staffing. If a participant is not required to be in Court the day his/her leave request is being reviewed, he/she will need to report to Court to be informed of the Judge s decision. Phases of Treatment and Court Schedule The DUI Court Program is a four-phase treatment process, lasting for a minimum of eighteen months. The Phases will be as follows: TREATMENT: Phase 1: 3 hours/week in group; 3AA/NA/week for a minimum of 8 weeks (must attend a beginner s group every Monday at 8:00 p.m.); complete Alcohol Awareness Class; 30 days without jail time sanctions to transfer to Phase 2; curfew from 10:00 p.m. to 6:00 a.m. unless otherwise directed by the Court; obtain sponsor from AA or NA. Phase 2: 3 hours/week in group; 3 AA/NA/week for a minimum of 22 weeks; completion of DUI School and those with 2 or more DUIs in 5 years must complete a clinical evaluation prior to moving to Phase 3; 60 days without jail time sanctions to transfer to Phase 3. Phase 3: 1 hour/week for minimum of 22 weeks; 3 AA/NA/week; completion of VIP; 90 days without jail time sanctions to transfer to Phase 4. Phase 4: 1 hour/month for minimum of 24 weeks; 3 AA/NA/week; complete letter to Judge & Giving Back Project; 90 days without jail time sanctions to graduate from program; 6 months of documented sobriety in order to graduate. *** The 30 day, 60 day, and 90 day wait without jail time sanctions in order to transfer to the next phase begins the day the sanction was ordered. ***If the participant spends more than a week incarcerated for any reason, he/she must make up that time in that phase. He/she will be held back until the minimum time in each phase is completed. COURT: Phase 1: Phase 2: Phase 3: Phase 4: Participants to report to Court twice per month & Probation once per month. Participants to report to Court twice per month & Probation once per month. Participants to report to Court & probation on a monthly basis. Participants to report to Court & probation on a monthly basis until graduation. Phase-Up Requests It should be noted that participants will be required to turn in a phase-up request by Friday at 12:00 p.m. before the Court date that the participant anticipates moving to the next phase. The request will be submitted to the probation officer, the treatment provider, and lastly, to the DUI Court Office for approval signatures. If all approved, the participant will be allowed to move up to the next phase on the next DUI Court Monday. The participant may be credited time before the actual date of transfer, if applicable, and is at the discretion of the DUI Court Judge. On the next available DUI Court session, the transferring participant will receive a certificate and recognition of accomplishment from the presiding Judge and a one free sanction pass for the upcoming phase, and if possible, a bonus incentive such as a restaurant gift certificate or movie tickets. This helps to make the participant responsible for all actions in the program. The participant will also be required to submit a graduation request when he/she is eligible to graduate. Revised 8/10 16

17 ***If the participant does not use his/her free sanction pass and has had no sanctions for that phase, the participant may turn in the pass for a free AA/NA book or some type of meditation book. ***Each phase-up request will be reviewed by the DUI Court Team prior to allowing the participant to move up. TERMINATION CRITERIA The Forsyth County DUI Court has identified criteria to be used in deciding whether to terminate a participant from the program. The following will be used as guidelines only and will not be absolute. The DUI Court Team will use discretion regarding each individual situation. A new arrest/charge Substituting or otherwise tampering with a drug/alcohol screen, which may include continuous dilution of drug screens Chronic non-compliance evidenced by, but not limited to, continued use, multiple missed groups, failure to follow program requirements or poor attitude Being AWOL from the program for over 3 months Threats/violence toward other participants or any DUI Court staff member Changing physical address to an area outside established 25 mile radius of Cumming, Georgia without approval from the DUI Court Office. Revised 8/10 17

18 GRADUATION CRITERIA The following criteria must be completed thirty days prior to graduation date (unless otherwise specified by the DUI Court Office). 1. Write letter to Judge regarding progress in the DUI Court Program, letter must be submitted to and approved by the DUI Court Office, and must include the following: Background: Life before DUI Court Arrest situation Reflections on DUI Court successes Reflections on DUI Court struggles Plans/Goals for future: personal and recovery 2. Complete Giving Back Project Project/Site to be approved by DUI Court Office Submit detailed plan of anticipated activities in project to DUI Court Office Minimum of 24 volunteer hours Documentation of hours must be verified by DUI Court Office (letter on company letterhead with hours & job completed and a contact person with a phone number is acceptable) Submit a written summary of how/why project was chosen, feelings while completing project, personal reactions after project completion. 3. Complete Graduation Request & submit to DUI Court Office 4. All DUI Court Fees, Treatment Fees, Probation Fees and fines must be paid in full or substituted community service work must be completed. 5. Attend exit interview with the DUI Court Judge and Coordinator as scheduled by the DUI Court Office (approximately 1-2 weeks before graduation). ***The participant should create a Giving Back Project plan within 2 weeks of moving into phase 4. The plan should be submitted to the DUI Court Office in writing. This is to encourage the participant to not wait until the end of the phase to begin the project. Maximum Benefit Criteria If a participant reaches the end of his/her probation and does not have enough time left to graduate the program successfully, but is participating fully in the program at date of discharge, he/she will be granted a Certificate of Maximum Benefit. This certificate will be presented to the participant on his/her last DUI Court date. Revised 8/10 18

19 Sanctions, Treatment Responses, Incentives, and General Guidelines Sanctions are the imposition of consequences, perceived as negative consequences by the receiver, as a direct result of a prohibited activity. Sanctions will be swift and appropriate. The Forsyth County DUI Court Team will determine sanctions on an individual basis as related to the current violation. Sanctions may include but are not limited to: increased AA/NA meetings, community service work, increased drug screens, and jail time. Drug/Alcohol Screen Violations Positive Screens 1 st Positive 24 hours (of choice)* 2 nd Positive 48 hours (no choice)* 3 rd Positive 7 days (no choice)* On 3 rd Positive on thin ice warning can go to inpatient treatment with financial assistance from the DUI Court. 4 th Positive Screen Arrest & hold/set for Revocation Hearing. On 4 th Positive will be eligible for termination or inpatient treatment at own expense. 5 th or more Positive Arrest & Hold, set for Hearing (with or without denial) Discussion whether continuation in Program is warranted. *If the participant denies use and the screen is confirmed positive, these sanctions will be doubled and the participant will not be given a choice of turn-in date and time (the participant will go into custody immediately). The participant is given the opportunity to deny use or admit use on the sign-in sheet at the time of drug/alcohol screening only. Missed Screens Each missed screen will be treated as a positive screen with denial. The participant is given the option of a turn-in date on the first missed screen only (as is on the first positive screen). ***If the participant admits to use of Marijuana prior to be being sentenced and tests positive on the initial drug screen, he/she will have 30 days from date of sentence to submit two (2) negative screens within a 5 day period. Group Screens will during If a participant cannot submit a specimen before group begins, he/she have 15 minutes from the time group ends to submit specimen. It will be treated as missed screen if he/she cannot submit after this 15 minute window. (The participant will not be allowed to go to the restroom group). Dilution of Screens If creatinine level is 11-20: 1 st time=30 days SCRAM and/or increased drug testing at own expense (depending on drug of choice) + 24 hours csw Revised 8/10 19

20 2 nd time=minimum of 10 days in FCDC 3 rd time=arrest/hold If the creatinine level is under 11: 1 st time=48 hours FCDC + 30 days SCRAM 2 nd time=treat as an adulteration (see below) (Dilutions are discussed with participants at DUI Court Orientation. Participants are advised to be aware of what they take into their body food and fluid). Subsequent dilutions, if termination from the program is not sought, will be sanctioned as subsequent positive screens with denial of use. Adulteration of Screens Adulteration or substitution of Screens in Phases 1 and 2 will Result in up to 30 days in jail, or at the Court s discretion, termination from the Program. If such adulteration or substitution occurs in Phase 3 or higher, the participant could be terminated from the Program at the Court s discretion. Drug Screening Protocol Infractions Defined as not lifting shirt; lowering pants to knees; squatting, etc. Sanction as a Missed Screen. No sign-in at UDS Screening Late to Screening Positive Alcohol Breath Test Positive Alcohol Breath Test Arrearages Fines/Fees If the participant does not sign-in at the drug screen (even if the participant arrived on time and was screened), the participant will be sanctioned as follows: 1 st time=8 hours csw & verbal warning from the Judge 2 nd time=48 hours to serve in custody Participant will not be allowed to screen and will be sanctioned as a Missed/Positive Screen. (Court, Probation Office, DUI Court Office) 7 days incarceration (turn in immediately) for first offense and an additional 7 days added on (progressively) for any further offenses of this nature. (Group) 7 days incarceration (turn in immediately) for first offense and an additional 7 days added on (progressively) for any further offenses of this nature. Admittance into the group after a positive breathalyzer will be at the discretion of the Facilitator of the group. 4 hours of community service work per $150 in arrears and will progress thereafter. If 24 hours of csw is accumulated, it will result in 24 hours in FCDC and the Revised 8/10 20

21 participant will be required to turn in immediately. All fines and fees will be sanctioned accumulatively. Plan of Action Screening Fees Participants who are $ or more in fine/fee arrears will be required to write a plan of action to get caught up. This plan will be approved or not by the DUI Court Team. Participants will be required to pay screening fees if the lab confirms the screen as positive. The DUI Court Office will pay for screens that test positive on the stick test and then are confirmed negative at the lab. **If fee arrearage is the only requirement that is holding a participant from moving to the next phase, he/she will need to complete a specific, detailed plan to get current and the plan must be reviewed and approved by the DUI Court Office. The participant will be allowed to move up to the next phase, and will still receive arrearage sanctions in the next phase until all monies are current. If the participant does not adhere to the approved plan, progressive sanctions for the arrearages will commence immediately. **Sanction for fee arrearage may be modified or suspended at the discretion of the Court for those participants who have lost employment, are new to the program, and those who have submitted an acceptable payment plan for arrearages. Group Counseling Violations Missed Group 1 st time=24 hrs FCDC; 48 hrs FCDC if coupled with a screen at group 2 nd time=48 hrs FCDC; 96 hours if coupled with a screen at group, and will progress thereafter. *If a participant does not sign-in for group, legibly and/or on the correct sign-in sheet, the participant will be sanctioned as a missed group. *The missed group will be required to be made up at the end of the phase (it cannot be made up during the phase as a leave request would allow). Kicked Out of Group Late To Group Arrest/Hold for Revocation Hearing The 1 st time he/she will be assigned clean-up duty for 1 hour by a member of the DUI Court staff. (Failure to perform clean-up duty will result in jail time just as not completing any other sanction results in jail time). The 2 nd time the participant is late to group, he/she will be assigned 8 hours of community service work; the 3 rd time he/she is late will result in jail time and will progress thereafter. Failure to Circle Admit/Deny on Sign-In Sheet 1 st time=stand and remind (1 time for full check-in/testing time approved by treatment) Revised 8/10 21

22 2 nd time=handwrite 2 page paper on responsibility demonstrating an understanding of why this action is necessary 3 rd time=presentation on paper to all phases with a demonstrative aid (minimum 30 minutes each phase). 4 th time=1 full day (8 hours) of Court duty to be assigned & supervised by DUI Court staff Failure to Complete Group Homework/Assignments 1 st =Judge will give a deadline to have assignment complete. 2 nd =If still not complete, jail sanction as if a sanction were not completed. Missed Tmt Orientation Appt Missed Tmt Phase-Up Appt 8 hrs of csw Participant will not be given another appointment until after the Court date in which he/she was scheduled to move up, therefore, the participant will be held back from moving up on his/her originally scheduled date. AA/NA Meeting Violations Missed AA/NA or no log submitted 4 hours of Community Service Work will be assigned for each missed meeting. If the participant accumulates 24 hours or more of sanctioned community service work due to missed AA meetings, he/she will be sanctioned jail time and be required to turn in immediately. For example, if 6 AA/NA meetings are missed in total, 24 hours in jail will be sanctioned. *Any missed AA/NA meetings, in addition to the sanction, will be required to be made up by the due date. Late/Incorrect AA Log If the participant turns in the AA/NA log late or on the incorrect log, the participant will be sanctioned as not completing the meetings (4 hours of community service work for each meeting, but the participant will receive credit for completing the meetings). Mandated AA meetings AA/NA log Documentation When instructed to complete Mandated Meetings (attend certain AA meetings), and they are not completed, the participant will be sanctioned as follows: 1 st time=2 extra AA meetings & 8 hours csw 2 nd time=24 hours in jail *Will progress thereafter If AA/NA log lacks proper documentation; the sanction Revised 8/10 22

23 will be 1 additional AA/NA meeting per incorrect AA/NA meeting submitted. For example, if a participant leaves off am/pm on a meeting, the participant will complete 1 additional AA/NA meeting. The participant will not receive credit for the original AA/NA meetings submitted with errors. Other DUI & Drug Court participants are not allowed to sign-off on the logs, and if this occurs, both participants will be sanctioned as missing those meetings. Probation Violations Missed Probation Meeting Community Service Arrearage DUI Court Work Program 1 st time=8 hours csw 2 nd time=24 hours in jail 3 rd time=3 days in jail 4 th time=arrest and hold for Hearing Any originally ordered (on sentence) Community Service Work is to be completed at the rate of 8 hours per week. The first time the participant comes to Court with arrearage in CSW, the participant will be ordered to complete an additional 8 hours of CSW, and will be required to have all CSW current by the next court session or serve 24 hours in FCDC in addition to completing currently ordered and sanctioned CSW. If the participant is unable to gain suitable employment or is unemployed 30 days after being sentenced into the DUI Court Program, he/she will report to the DUI Court Office Monday through Friday to submit job applications for 4 hours in the morning and perform csw or observe Court in the afternoon (this can be modified as to whether the csw or Court observation is performed in the afternoon or morning hours). The participant is to provide acceptable proof of submitting job application (copy of applications) to the DUI Court Office upon Return. [This is to ensure the participant is looking for employment and to encourage employment]. The only exception to this is if the participant is enrolled in school full-time and can maintain his/her monthly payments. ***Note that the csw completed in this section does not count towards any other csw requirements (other csw sanctions or originally ordered csw). Revised 8/10 23

24 DUI Court Violations Job Verification Court Dress Code Violations Missed DUI Court Intake Unexcused Absence from DUI Court Session Late to DUI Court Session (defined as arriving after Court has begun) Unexcused Absence from Graduation Late to DUI Court Graduation (defined as after sign-in time at graduation) Participants are required to submit proof of employment to the DUI Court Office on a monthly basis and is due by the 15 th of each month. This is to ensure the participant is suitably employed (not in an establishment that serves alcohol bar, restaurant, club, etc., unless allowed at the Court s discretion). If the participant fails to submit this proof, he/she will be sanctioned 8 hours csw one time per month. 1 st time=4 hours of csw 2 nd time=8 hours of csw 3 rd time=24 hours in jail 8 hours csw Arrest and hold to serve at least 48 hours in jail Warrant will be signed & delivered to FC Warrants Division immediately. 1 st time=8 hours csw 2 nd time=24 hours in jail 1 st time=24 hours FCDC (immediate) 2 nd time=48 hours FCDC (immediate) 3 rd time=review whether continuation in Program is warranted 1 st time=8 hrs csw 2 nd time=24 hrs in custody ***Any excused absence must be approved by the DUI Court Office prior to Graduation or Court Session. Give Back Plan Violation Participants are required to write a Giving Back Project plan within 2 weeks of entering into Phase 4 of the program. If this is not completed within the 2 weeks timeframe, the participant will be required to attend every DUI Court session and have progressive sanctions imposed until such plan is submitted to the DUI Court Office. PRI Workbook Violations Lost Book Pay DUI Court Office $25 for replacement Revised 8/10 24