Strategies for Systematically Screening All Drug Court Arrestees and Probation Violators for Drug Court Eligibility

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1 1 Strategies for Systematically Screening All Drug Court Arrestees and Probation Violators for Drug Court Eligibility March 21, 2016 BJA Drug Court Technical Assistance Project at American University These materials have been prepared under the auspices of the Bureau of Justice Assistance (BJA) Drug Courts Technical Assistance Project at American University, Washington, D.C. This project was supported by Grant No DC-BX-K005 awarded to American University by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document are those of the authors and do not represent the official position or policies of the U.S. Department of Justice.

2 2 The Panelists Caroline S. Cooper, Research Professor and Director, Justice Programs Office, School of Public Affairs, American University Judge Dennis Fuchs (ret.), Salt Lake City, Utah. Drug Court Judge and currently consultant to the Utah Supreme Court Judge Jamey Hueston, Baltimore, Maryland: Drug Court Judge and former chair of the Maryland Problem Solving Court Committee Roger Peters, Ph.D., University of South Florida: specialist in screening, assessment, substance abuse treatment and co-occurring disorders Judge John Schwartz (Ret.), Rochester, New York Adult Drug, Mental Health and Veterans Treatment Courts Yvonne Segars: Former state public defender for New Jersey and previously Drug Court public defender for Newark (Essex County), New Jersey

3 3 Focus of the Session Key issues that promote: Systematic screening of all drug court eligible arrestees and probation violators Clearly articulated eligibility criteria that are consistently and transparently applied Identification of drug court eligible participants as soon as possible after arrest or probation violation Entry into/engagement with the treatment program as soon as possible

4 4 Topics that will be Addressed: 1. The screening process: purpose, what s entailed; when should it occur; clinical vs. criminal justice screening; examples of evidence-based instruments in use for clinical screening; who performs the screening function(s); how the results are used 2. Definition of high risk / high need : what are we looking for? And the value of multiple drug court tracks to accommodate the range of needs identified 3. Assessment: process; how it differs from screening ; when should it occur; who does it; how the results are used

5 5 The Screening Process Purpose What does the screening process entail? When should it occur? Clinical vs. Criminal Justice Screening Examples of evidence-based instruments in use for clinical screening Who performs the screening function(s)? How are the results used?

6 6 Importance of the Screening Process Using the screening process to promote: Participant s interest in the program and motivate them to participate (particularly important for young adult populations) Combatting the distrust some individuals have in the justice system and built-in reluctance to become involved with the justice system any more than they need to be

7 7 Importance of the Screening Process SCREENING PROCESS MUST BE OBJECTIVE U.S. Constitution, 14 th Amendment: Requires due process and equal protection of the laws Amendment XIV. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Observations from Technical Assistance Experience Objective Criteria Clearly defined eligibility requirements (offense types, criminal history, etc.); consistently and transparently applied exclusion criteria; clearly articulated vs. Subjective Criteria

8 8 High Risk/High Need Definition What are we looking for? Value of multiple drug court tracks to accommodate the range of needs identified

9 9 The Assessment Process When should it occur? Who conducts the assessment? How are the results used? How does an assessment differ from screening?

10 10 Data: Keeping Track of the Results of the Screening Process How many individuals screened (and demographics)? How many individuals entered the program (and demographics)? How many eligible participants rejected the program and why? How do the demographics of the drug court participants compare with the demographics of: The arrestee population? The population of probation violators?

11 11 For More Information Please Contact: Caroline S. Cooper Research Professor and Director BJA Drug Court Technical Assistance Project School of Public Affairs, American University 4400 Massachusetts Avenue, NW Washington D.C Website: Telephone: 202/ Fax: 202/

12 12 Questions

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