Proposal for Prosecutor s Substance Abuse Diversion Program

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1 Proposal for Prosecutor s Substance Abuse Diversion Program PROPOSAL OVERVIEW The Prosecutor s Diversion Program is a voluntary alternative to adjudication whereby a prosecutor agrees to hold off pressing charges against an individual who is alleged to have committed a crime in exchange for a commitment from the individual to fulfill certain requirements. Successful completion of the specified requirements may result in a dismissal of the charges. The Prosecutor s Diversion Program will not count against the individual s criminal history. Failure to comply with the specified requirements will revoke the Prosecutor s Diversion Program and will result in criminal charges being filed against the individual. The specific requirements of the Prosecutor s Diversion Program requires the individual to commit to successfully completing an month program which may include chemical dependency treatment, mental health treatment, or treatment for a cooccurring chemical dependency or mental health disorder. Other requirements may include educational, vocational, or employment outcomes. After the participant has satisfactorily completed the diversion agreement, the Prosecutor will provide a Notice of Completion and Agreed Declination of the Charge. Critical to the success of this approach is a participant s immediate access to appropriate chemical dependency services, whether that is acute or sub-acute detoxification and / or in-patient or outpatient treatment. PROGRAM FUNCTION Participant Eligibility and Numbers Since the purpose of the program is to prevent the cycle of criminal behavior associated with chemical dependency, the program is limited to non-violent, first-time felony offenders. The number of participants entering the program annually is expected to be 20 to 25 individuals, each with an average enrollment period of 18 months. After the first year, the expectation is that there will be 35 to 50 enrollments at various participation levels at any one time. 1 P a g e

2 Participant Program Enrollment Process The Prosecutor s Office will use a Deputy Prosecuting Attorney (DPA) to assess an individual s suitability for the program. The first step for a potential program participant is to undergo an evaluation by a state certified chemical dependency provider to determine if there is a chemical dependency requiring treatment, and if so, whether the applicant is amenable to treatment. Once the state certified provider and the DPA makes a positive assessment, a potential participant receives access to legal counsel to explain their rights and obligations under the program. If the individual cannot afford a defense attorney, the county will provide one. Legal counsel will advise the participant-applicant regarding his or her rights with regard to the Prosecutor s Diversion Program and all legal documents that require the signature by the participant-applicant. The applicant will be required to acknowledge and abide by the rules of the program, including the signing a Waiver of Pre-Charge Delay form. The applicant will also be required to sign a Waiver of Confidentiality form granting access to the treatment provider s records and allowing the treatment provider to discuss the applicant s progress with the program. Program Elements After enrollment in the program, a Probation Services Case Manager assumes supervision over the participant. The Probation Services Case Manager will explain the participant s obligations under the program and will explain legal documents that require signature by the participant-applicant. A state certified chemical dependency provider then evaluates each program participant and prepares an appropriate treatment plan, which he or she begins immediately. The participant may need mental health evaluation and treatment services as well. The program s goal is to initiate the chemical dependency treatment regime, if indicated, within 24 hours of the participant s acceptance into the program. If inpatient treatment is required, the treatment provider will coordinate with the Probation Services Case Manager to arrange transfer to a treatment center. The Probation Services Case Manager s responsibility will be to guide and track the participant as he or she progresses through a four-phase process. The participant must 2 P a g e

3 complete each phase before moving to the next one. Elements of each phase follow below. 3 P a g e Phase 1 (maximum one week) o Orientation to program and rules o Signing of all releases o Completion of treatment needs assessment o Initiation of appropriate treatment program o Start of urinalysis testing twice per week; participants will be assigned to a color group Phase 2 (minimum four month period) o Continuation of treatment program as outlined in needs assessment o Meeting individually on a weekly basis with case manager o Attendance at programs as determined by needs assessment o Continuation of random urinalysis at a rate of twice per week o Documented abstinence from alcohol and drugs for a minimum of four months Phase 3 (minimum four month period) o Continuation of treatment program as outlined in needs assessment o Obtaining a steady source of income o Weekly, individual meetings with case manager o Attendance at programs as determined by needs assessment o Continuation of random urinalysis at rate of once per week o Meeting individually on a weekly basis with case manager o Documented abstinence from alcohol and drugs for a minimum of four months from the time of advancement into Phase 3 Phase 4 (minimum four month period) o Continuation of treatment program as outlined in needs assessment o Obtaining a steady source of income o Residing in a stable living environment o Continuation of random urinalysis at rate of no less than once per month o Bi-weekly, individual meetings with case manager o Documented abstinence from alcohol and drugs for a minimum of four months from the time of advancement into Phase 4 The Probation Services Case Manager plays an essential role in assessing the participant s treatment compliance and identifying and overcoming any barriers to their

4 successful completion of the program. The Case Manager will maintain a participant file that will include a record of all contacts, referrals, progress reports, and recommendations. As shown in the Figure 1, the Case Manager also will act as the liaison between the Grays Harbor County Prosecutor s Office and any treatment agencies or other service providers with regard to a participant s progress and status in the program. Figure 1. Program Relationships Additional Wrap-Around Services During the program, the Probation Services Case Manager will work with the state certified chemical dependency provider, community service providers, and the participant to determine if other wrap-around services might aid in long-term recovery. Wrap-around services may include GED programs, work skills programs, parenting programs, clean-and-sober housing, and other counseling and recovery programs, including mental health evaluation and treatment services. The Probation Services Case Manager will strive to identify some of the primary underlying causes for the participant s behavior by focusing resources that assist in correcting them. This means finding resources for the participant and his or her family that overcome employment, build stronger family units, increase intra-family communications, and gain vital problem solving skills. 4 P a g e

5 Participant Sanctions The Probation Services Case Manager will continually evaluate program participants for signs of reoffending behaviors that need immediate resolution. This includes the Probation Services Case Manager regularly checking the participant s criminal record to determine if there has been a conviction or arrest of the participant for a criminal offense. The Probation Services Case Manager will also check at least every other week with the after-care treatment program to determine if the participant is attending and abiding by the rules and conditions of the program and making the required progress in the treatment program. The Prosecutor will provide the Probation Services Case Manager with a description of minor offenses and major offences. Sanctions for minor offences will directly relate to the offence, i.e., if a participant fails to make a scheduled meeting or treatment date the participant will be required to make up the meeting or treatment. Major offences include but are not limited to drug violations, violent crimes, burglaries, and failure to comply with treatment plan. In the event the Probation Services Case Manager becomes aware of a violation of any of the program s rules or the conditions or requirements of treatment, the Probation Services Case Manager will contact the participant immediately to confirm the violation and determine the reason for the violation. If a satisfactory explanation is not found, the Case Manager shall set a violation hearing within three working days and notify the Prosecuting Attorney. At the violation hearing, the Probation Services Case Manager will present the evidence of the violation and the participant (probationer) will be given an opportunity to respond. The Prosecuting Attorney, or his designee, will determine if there has been a knowing violation by the participant. If that determination is made, then the Prosecutor will decide whether to add additional requirements or conditions or terminate the diversion agreement. Termination of the diversion agreement will result in removal from the program and original charges being filed. OUTCOMES AND EVALUATION METHODOLOGY The targeted outcome of the Prosecutor s Diversion Program is reduced recidivism. The Probation Services Case Manager intends to evaluate this outcome by regularly checking the participant s criminal record to determine if there has been a conviction or arrest of 5 P a g e

6 the probationer for a criminal offense for up to two years after release from the program. PROGRAM BUDGET The estimated costs for implementing the Diversion Program is $105,100 annually. These costs include only those directly related to the program s operation through the County Prosecutor s Office and Probation Services. No costs relating to chemical dependency treatment, mental health treatment, and social support services are included within this budget. Deputy Prosecuting Attorney (0.1 FTE ) $6,000 Indigent defense counsel $2,400 Dept. of Probation Services Case Manager (1.0 FTE) $75,000 Urinalysis testing (32 tests per probationer) $21,700 Total Program Cost $105,100 6 P a g e