Roles and Boundaries of Specialty Court Supervision Objectives Examine the roles and duties of each specialty court team member Develop an understanding of the importance of team communication within the specialty court setting ID: 217201
Download Presentation The PPT/PDF document "Honorable Peggy Davis" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Honorable Peggy Davis
Roles and Boundaries of Specialty Court SupervisionSlide2
Objectives
Examine the roles and duties of each specialty court team member
.
Develop an understanding of the importance of team communication within the specialty court setting.
Discuss the laws and rules regarding confidentiality and how communication can take place between the members of the team.
Begin to identify emerging research regarding the best practices and standards in drug courts.Slide3
Drug Court Key Component # 1
Drug courts integrate alcohol and other drug treatment services with justice system case processing.
What team members should attend the drug court staffing/meetings?Slide4
Drug Court Key Component # 2
Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants
’
due process rights.
Does allowing non-drug charges (e.g. violence) threaten public safety?Slide5
Drug Court Key Component # 3
Eligible participants are identified and placed in the program as soon as possible.
Is it really important to get participants into the program quickly? What does quickly REALLY MEAN? Slide6
Drug Court Key Component # 4
Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services.
Is it better to have a single treatment agency or to have multiple treatment options?
How important is relapse prevention?Slide7
The Team Is Critical
Who do we need on board in order to accomplish 10 Key Component 1 – 4?
The Judiciary
District Attorney
Defense Attorney
Treatment ProviderSupervisionLaw EnforcementAncillary Services Slide8
Note 1: Difference is significant at p<.10
Drug Courts Where a Treatment Representative Attends Court Hearings had
100% greater reductions in recidivismSlide9
Note: Difference is significant at p<.05
Drug Courts Where the Prosecutor
Attends Staffings had
a
171% Higher Cost SavingsSlide10
Note 1: Difference is significant at p<.05
Drug Courts Where the Defense Attorney Attends Drug Court Team Meetings (Staffings) had
a
93% Higher Cost SavingsSlide11
Note 1: Difference is significant at p<.05
Drug Courts where Law Enforcement is a member of the drug court team had
88% greater reductions in recidivismSlide12
Note 1: Difference is significant at p<.05
Note 2:
“
Team Members
”
= Judge, Both Attorneys, Treatment Provider, Coordinator, Probation
Drug Courts where
all team members
attended staffings had
50% greater reductions in recidivismSlide13
Drug Courts That Held Status Hearings Every 2 Weeks During Phase 1 Had 50% Greater Reductions in Recidivism
Note: Difference is significant at p<.1Slide14
Note 1: Difference is significant at p<.05
Drug Courts Where the Judge Spends an Average of
3
Minutes or Greater per Participant During Court Hearings had
153% greater reductions in recidivismSlide15
So What is each member’s Responsibility?
Overriding goals:
Provide a coordinated response to offender behavior, through
Shared decision making, docket control, informed and unified responses, and empowerment of the team,
Thereby providing an environment in which the offender can address the addiction and related lifestyle issues that brought him or her into the criminal justice system.Slide16
Core competency
Judge
Interactive discussion with audience in order to explore attitudes, concerns and expectations.Slide17
Core Competency
District Attorney
Interactive discussion with audience in order to explore attitudes, concerns and expectations
Slide18
Core competency
Defense Counsel
Interactive discussion with audience in order to explore attitudes, concerns and expectations Slide19
Core Competency
treatment
Interactive discussion with audience in order to explore attitudes, concerns and expectations Slide20
Core competency
Law Enforcement
Interactive discussion with audience in order to explore attitudes, concerns and expectations Slide21
Core competency
supervision
Interactive discussion with audience in order to explore attitudes, concerns and expectations Slide22
Confidentiality/Privacy
Several rules apply to participants in DWI treatment courts
42 CFR Part 2 – The alcohol and substance abuse treatment confidentiality rule.
HIPAA – New federal rules covering all health related informationSlide23
42 U.S. Code 290dd
42 CFR Part 2
First issued 1975, revised 1987
Designed to help deal with the stigma of addiction.
Requires notification of confidentiality, consent forms, prohibition of redisclosure
“I’m sorry I cannot acknowledge whether someone is or isn’t in our treatment program”.Slide24
Confidentiality/Privacy
42 CFR (1975)
Encourages treatment
Applies to DWI Court programs
Prevails if conflict with state lawsSlide25
HIPAA
Health Insurance Portability & Accountability Act (1996)
Protect confidentiality and security of patient information
General Rule
If DWI Court is in compliance with 42 CFR- it is in HIPAA compliance also (with few exceptions)Slide26
42 CFR
The 42 CFR General Rule applies
Screening
Assessments
Referrals
Treatment
Diagnosis Slide27
General Rule
Treatment Programs may only release information or records
With a knowing and written consent from the participant, AND
Some limited exceptionsSlide28
Consent
A proper consent can authorize all parties involved in the DWI Court
HIPAA prohibits a program from conditioning treatment on a patient signing a consent, but judges, probation etc. can condition participation in the DWI Court program on an offender signing the consent formSlide29
Elements of a Consent
Who may make the disclosure
To whom disclosure may be made
Participant’s name
Purpose of the disclosureSlide30
Client Notice Form
A second form required by 42 CFR in addition to the Consent form
Participants must be informed of privacy rights in writing and given to the Participant to keepSlide31
Permitted Disclosures–No Consent
Medical emergency
Crimes on the premises
Crimes against staff
Administration / qualified service programs working with drug court
Outside auditors, central registries and researchers
No re-disclosures unless permittedSlide32
Mandatory Disclosure–No Consent
State child abuse laws
A valid court order
State laws relating to cause of death
Duty to protect others, to warn of imminent, serious harm Slide33
General Ethics
Everyone on the drug court team has both personal and professional ethical standards
At times, these can conflict
Word most associated with ethics: dilemma
The “rules” can change, or be different in different jurisdictions
Seek advice of state experts on ethical dilemmasSlide34
Ethical Issues
Treatment Providers
Consent is permissive, not mandatory
Information released must be what is minimally necessary to meet the terms and conditions of the consent
Every staffing is a potential ethical dilemma
What to do with information about illegal activity? Sexual abuse? Personal health issues?Slide35
Defense Attorneys
Unlike Treatment Providers, no federal statute has provided Defense Attorneys with a consent to set aside attorney-client privilege
Participation in staffing could be similar to a Treatment Provider with a consent allowing only the release of information verifying client is in treatmentSlide36
Prosecutors
Duty to protect public safety
Proverbial “rock and a hard place” if confronted with information they should act on ethically, but cannot act on legallySlide37
Judges
Cannot outsource their decision to another person or group of persons—must be the final decision maker
Cannot raise money
Be sure to check your individual state’s Judicial Canons on what is allowed.Slide38
ABA Rule 2.9
Comment [4]
A judge may initiate, permit, or consider ex parte communications …when serving on
therapeutic or problem-solving courts, mental health courts, or drug courts
. In this capacity, judges may assume a more interactive role with parties, treatment providers, probation officers, social workers, and others.Slide39
Emerging Research
Adult Drug Court Best Practice Standards,
Volume One, National Association of Drug
Court Professionals.Slide40
QuestionsSlide41
Closing COmments