Honorable Peggy Davis - PowerPoint Presentation

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