Pierce County Veterans Treatment Court Participant Handbook

Transcription

1 Pierce County Veterans Treatment Court Participant Handbook Veterans Treatment Court Team: Participant Handbook V1 January 12, 2012 Veterans Treatment Court Judge: Joseph D. Boles Assistant District Attorney: William Thorie Sheriffs Department: Lieutenant Mike Knoll Sheriffs Department: Jeremy Brookshaw County Veteran Service Officer: David Till Public Defender: Liesl Nelson Department of Corrections: Mark Lemke Court Commissioner: Julia R. Gehring Veterans Treatment Court Coordinator: Donna Swenson Department of Workforce Development: David Tesch Pierce County Veterans Mentor Program Coordinator: Jim Ottman and Walter Sorenson Department of Veterans Affairs (VA): VA Justice Outreach Team Supervisor: Bob Dadar Clinical Social Worker Mental Health/Homeless Programs: Elizabeth Franki Rezek Clinical Social Worker Mental and Behavioral Health: Faith Weiss Veterans Justice Outreach Mental Health/Homeless Programs: David Holewinski Veterans Benefit Administration: Denna Linder Mission Statement: It is the mission of the Pierce County Veterans Treatment Court to promote public safety by integrating, assisting and supporting veterans through a collaborative and coordinated response to include the Veterans service delivery system, community based services, and court supervised treatment and accountability through a system of sanctions and incentives. Key Components The Pierce County Veterans Court has adopted, with slight modifications, the essential tenets of the ten key components as described in the U.S. Department of Justice Publication entitled Defining Drug Courts: The Key Components. Although there are differences between drug courts, behavioral health courts, and veterans courts, the Key Components provide the foundation for the essential elements of each of these courts. The Veterans Court is a hybrid of substance abuse and behavioral health treatment courts, with the goal of servicing veterans with addiction, serious behavioral health issues, and co-occurring disorders.

2 One: The Veterans Court integrates alcohol and drug treatment and behavioral health services with justice system case processing. Two: Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants due process rights. Three: Eligible participants are identified early and promptly placed in the Veterans Court program. Four: The Veterans Court provides access to a continuum of alcohol, drug, behavioral health and other related treatment and rehabilitation services. Five: Abstinence is monitored by frequent alcohol and other drug testing. Six: A coordinated strategy governs the Veterans Court responses to participants compliance. Seven: Ongoing judicial interaction with each veteran is essential. Eight: Monitoring and evaluation measures the achievement of program goals and gauges effectiveness. Nine: Continuing interdisciplinary education promotes effective planning, implementation and operation. Ten: Forging partnerships among the Veterans Court, the VA, public agencies, and communitybased organizations generates local support and enhances the Veterans Court s effectiveness. Ethics and Confidentiality Any program that specializes, in whole or in part, in providing treatment, counseling, assessment, and referral services for participants with alcohol and/or substance problems must comply with the Federal confidentiality regulations (42 C.F.S. 2.12(e)). The federal regulations apply to programs that receive federal funding, and federal law prevails if there is a conflict with state laws. There are two federal laws and a set of regulations that guarantee program participants will enjoy strict confidentiality of information about them when receiving alcohol and/or substance assessment and treatment services. See, 42 U.S.C. 290dd-3 and ee-3 and 42 C.F.R. Part 2. Confidentiality of program participants is governed by 42 U.S.C. 290dd, which encourages treatment and is applicable to most problem solving or specialty court programs. If the court orders screening, assessments, referrals, treatment, and/or diagnosis for a program participant, 290dd will be applicable. Information that is protected by federal confidentiality regulations may always be disclosed after a program participant has signed a proper consent or waiver form. The regulations also permit disclosure without the program participant s consent in several situations, to include medical emergencies, program evaluations, and communications among program staff members. Veteran participants who refuse to sign consent or waiver forms permitting essential communications to occur can be excluded from treatment or provided treatment on a temporary basis in the hope that resistance to signing the consent or waiver forms will evaporate as treatment proceeds. Continue refusal to sign consent or waiver forms by the veteran participant will be a ground for termination from the specific treatment program and from the Veterans Court Program.

3 Veteran participants in the Veterans Court Program must be informed in writing of their privacy rights. Veteran participants must sign a Waiver of Medical Privilege upon entering into the Veterans Court Program, and then provided with a copy of that waiver. Information that is protected by Federal confidentiality regulations may only be disclosed after the veteran participant has signed a proper consent form. Said forms will also be signed by the Veterans Court Coordinator, the assigned probation or extended supervision officer, if any, and treatment providers so that pertinent information about the veteran participant may be shared with the Veterans Court Team and other named treatment providers. Contacts: Sheriffs Department: Jeremy Brookshaw brooksha@co.pierce.wi.us County Veteran Service Officer: David Till david.till@co.pierce.wi.us Public Defender: Liesl Nelson nelsonl@opd.wi.gov Department of Corrections: Mark Lemke mark.lemke@wisconsin.gov Veterans Treatment Court Coordinator: Donna Swenson jtrok@att.net Department of Workforce Development: David Tesch david.tesch@dwd.wisconsin.gov Pierce County Veterans Mentor Program Coordinator: Jim Ottman j_jottman@yahoo.com Veterans Justice Outreach Mental Health/Homeless Programs: David Holewinski david.holewinski@va.gov Phases: Participants must progress through four phases in order to graduate from the program. The expected length of the program is between 12 and 18 months. Phase 1: ORIENTATION PHASE Phase one is a minimum of 60 days. The main goal of this phase is to develop an individualized treatment plan. Requirements of Orientation Phase: Maintain contact with Veterans Court Coordinator as directed Attend all appointments with VA and other service providers Maintain contact with probation officer (if applicable) as directed Submit to drug and alcohol testing Attend Veterans Court weekly or as ordered by the Judge. Work with Mentors as directed Develop an individual treatment plan

4 Comply with the treatment plan Begin working on housing and vocational or employment plan Additional Advancement Criteria: No positive drug or alcohol tests for 30 days before advancement Phase 2: INDIVIDUALIZED TREATMENT PLAN PHASE Phase Two is a minimum of 90 days. The goal of this phase is for the participant to comply with their individualized treatment plan. Requirements of Individualized Treatment Plan Phase: Maintain contact with Veterans Court Coordinator as directed Attend all appointments with VA and other service providers Maintain contact with probation officer (if applicable) as directed Submit to drug and alcohol testing Attend Veterans Court every other week or as ordered by the Judge. Work with Mentors as directed Follow the individualized treatment plan Finalize housing and vocational or employment plan Comply with any restitution requirements of the sentence or diversion contract, by determining ability to pay and payment plan. Additional Advancement Criteria: No positive drug or alcohol tests 45 days before advancement Phase 3: TREATMENT COMPLIANCE PHASE

5 Phase Three is a minimum of 120 days. The goal of Phase Three is to demonstrate compliance with and progress in the individualized treatment plan. Progress with addressing behavioral health issues and reducing risk to reoffend in the future must be demonstrated. Requirements of Treatment Compliance Phase: Maintain contact with Veterans Court Coordinator as directed Attend all appointments with VA and other service providers Maintain contact with probation officer (if applicable) as directed Submit to drug and alcohol testing Attend Veterans Court every third week or as ordered by the Judge. Work with Mentors as directed Follow the individualized treatment plan Complete community work service work as ordered. Obtain and maintain employment and/or pursue education. Obtain and maintain stable and substance-free housing. Comply with restitution payment plan. Additional Advancement Criteria: No positive drug or alcohol tests 45 days before phase advancement Phase 4: TRANSITION TO GRADUATION PHASE Phase Four is a minimum of 60 days. Phase Four requires stabilization within the individualized treatment plan. Significant progress with addressing behavioral health issues and reducing risk to reoffend in the future must be demonstrated. Requirements of Transition to Graduation Phase: Maintain contact with Veterans Court Coordinator as directed Attend all appointments with VA and other service providers

6 Maintain contact with probation officer as directed Submit to drug and alcohol testing Attend Veterans Court as ordered by the Judge. Work with Mentors as directed Follow the individualized treatment plan Complete community work service work as ordered. Maintain employment and/or pursue education. Maintain stable and substance-free housing. Comply with restitution payment plan. Pay all outstanding court and/or probation fees or seek determination of ability to pay. Additional Advancement Criteria: No positive drug or alcohol tests 30 days prior to graduation Speak with a Veterans Mentor to determine suitability and interest in becoming a Veterans Mentor. The Veterans Court Team will make a recommendation to the Veterans Mentor Program as to suitability of the veteran participant to perform the duties of a Veterans Mentor. If the veteran participant remains on probation following graduation from the Veterans Court Program he or she will be ineligible to become a Veterans Mentor until that status is changed. Graduation Graduation Criteria: Participants must successfully complete the four phases of the Veterans Court Program and be in the program for the requisite minimum period of time to be eligible for graduation. Any exceptions to the requirements must be approved by the Veterans Court Team. Near the end of Phase Three, participants will complete a continuing care or stabilization plan which outlines a plan to maintain sobriety and comply with behavioral and/or medical health regimes after graduation from the Veterans Court Program. The plan must be approved by the Veterans Court Team prior to the participant advancing to Phase Four. In Phase Four, the participants will demonstrate compliance with the plan and readiness for graduation. Participants must be approved for graduation by the Veterans Court Team.

7 Termination Process: Termination Criteria: Non compliance with the Pierce County Veterans Treatment Court Policies and Procedure could justify termination from the program. Unsuccessful Completion: Termination from the Veterans Court Program generally occurs only after graduated sanctions have been imposed and the veteran participant continues to disregard the rules of the Veterans Court Program and the orders of the Veterans Court Judge. Examples of Disregard for Program Rules: The veteran participant has shown disregard for program rules when he or she has engaged in behaviors which may include, but is not limited to, the following: Absconding from any residential or inpatient treatment facility Failing to attend treatment or therapy Tampering with alcohol or substance tests Committing criminal acts Absconding from the Veterans Court Program Grounds for Termination: Termination proceedings may be initiated at any time for a veteran participant who violates program rules. Consistent failure to follow treatment protocol and/or other conditions established specifically to try to modify the veteran participant s behaviors will constitute appropriate grounds to initiate termination proceedings. Initial Termination Hearing: Any voting Veterans Court Team member may seek an initial termination hearing. The termination hearing shall be held before the voting members of the Veterans Court Team and the veteran participant will be provided notice of the hearing, the allegations upon which the proposed termination are based, and the opportunity to be represented by an attorney during the termination hearing. The termination hearing will be conducted outside the presence of the Veterans Court Judge and will not be recorded. After the veteran participant has been advised of the allegations and has presented his or her position on the allegations, the voting Veterans Court Team members will cast their votes to retain the veteran participant in the Veterans Court Program or to recommend to the Veterans Court Judge that the veteran participant should be terminated from the Veterans Court Program. If the vote, by simple majority, is to retain the veteran participant, the suggestion of termination will be concluded and the veteran participant will remain in the Veterans Court Program. If the vote, by simple majority, is to terminate the veteran participant, written notice will be provided to the veteran participant concerning this recommendation and the date upon which the recommendation for termination will be heard in open court and on the record before the Veterans Court Judge. General Court Requirements Reside in Pierce County Remain law abiding

8 Attend all court appearance, as required Be on time to all appointments and court appearances No use of any alcohol or alcohol based products No use of any drugs or controlled substances not prescribed by a physician No use of any mood or mind altering substances Prescription medication may be used only if the prescription information is shared with the Veterans Court Coordinator and probation officer (if applicable). Provide prescriptions for all prescribed medications to the Veterans Court Team within 48 hours of obtaining the prescription. Utilize one prescribing physician for all medications Submit to all required chemical testing as ordered by the Veteran Court Comply with individual treatment plan as established by the VA, community based service providers, the probation officer, the Veteran Court Coordinator, and the Veteran Court Team Cooperate with unscheduled home visits by probation officers, law enforcement officers, and Veterans Court Team members Do not use or possess firearms without written authorization from the Veterans Court Judge Pay all fines, court fees, probation fees, and restitution as ordered by the referring judge and/or the Veterans Court Judge Do not function in any capacity as a police informant while in the Veterans Court program If residing in a cooperating county, have the means by which to appear for all sessions of the Veterans Court, meet with the Veterans Court Coordinator as necessary, perform required alcohol and/or substance abuse tests as required, and make all VA service appointments and community based services appointments, as appropriate Inform the Veterans Court Team, probation officer, if any, the Veterans Court Coordinator, and all treatment providers of any change in address. Complete all required community service work Participate in the Mediation and Restorative Justice Program, as required. Work with the Duty Veterans Mentor assigned to each Veterans Court session, and continue to work with the Veterans Mentor originally assigned, as required Attend self-help or community support groups, such as AA or NA, as ordered Participate in training or educational programming, as ordered Obtain and maintain employment, actively seek employment, or make progress toward educational goals, as required Secure stable and substance-free housing. Adhere to a curfew, as ordered Be respectful to the Veterans Court Team and property. Follow the Veterans Court Program Policies and Procedures Veterans Mentor Program

9 A trained peer mentor will be assigned to veterans identified by the police who are facing charges and are reluctant or resistive to meeting with the County Veterans Service Officer or the Veterans Service Officer of the veteran s home county, to begin the process of establishing VA benefits eligibility. Additionally, if the Veterans Service Officer determines that a particular veteran is in need of a Veterans Mentor, a referral will be made to have one assigned. The Veterans Mentor Program is a stand-alone entity, working outside the Veterans Court, to assure that veterans involved with the legal system are able to be evaluated for VA benefits at the earliest possible time so that work may begin on behavioral and/or mental health issues that may thereby reduce their risk to reoffend or continue to remain involved in the legal system. Once the veteran is firmly entrenched in VA and/or community based services to address their particular needs, it is anticipated that the Veterans Mentor will terminate the relationship that has been established. The Veterans Mentors will, however, act as a Duty Veterans Mentor for the Veterans Court to assist with veteran participants appearing during Veterans Court sessions. A review of the Policies and Procedures Manual for the Veterans Mentor Program will provide additional information of that organization, and how it interacts with veterans in the community in need of their specialized assistance. Chemical Testing Chemical testing includes testing for alcohol as well as all other controlled and mood altering substances. Testing methods may include: urine blood preliminary breath testing hair follicle saliva transdermal alcohol monitors sobrietor All testing will be based on individual profile of alcohol and drug use history. Testing will include random testing throughout the duration of the Veterans Court program. Frequency of testing will generally be reduced as participants advance through the phases but testing may be increased at the discretion of the Veterans Court Team. Testing on weekends will be performed by Pierce County Jail personnel. Testing during the week will be done by an independent contractor. Upon entry to the program participants will be assigned a testing number. Participants will be directed to call in daily to a voic system which will indicate whether they are required to test on any particular day. Participants will be given direction on where and when to test. In addition to the daily call in system for testing, participants may also be required to test with probation, treatment providers, law enforcement and the Veterans Court Coordinator.

10 All testing will be directly observed. Same sex personnel will observe urine collections. Participants must promptly comply with the testing procedure if directed to test. If a sample is not produced, is not of sufficient quantity, or is adulterated in any way, it will be treated as a positive sample and reported to the Veterans Court Team. If participants fail to appear to test on time or do not appear, it will treated as a positive test. Prior to delivering a test sample, the participant will be asked whether or not the test will be positive. If the participant acknowledges that a sample will be positive it will be considered a positive test and reported. If a participant indicates that a test will be negative, but the test is positive, the participant may be asked again about drug use. At the participant s request, a positive sample will be sent to the laboratory for confirmation testing. Lab costs for positive results will be charged to the participant. Lab costs for negative results will not be charged to the participant.