MARIN COUNTY
MARIN COUNTYADULT DRUG COURT PROGRAMPOLICY & PROCEDURESRevised July 2018
Marin County Adult Drug CourtMission StatementThe mission of the Marin County Adult Drug Court is to improve livesthat have been impacted by substance use, and to increase publicsafety by reducing the amount and frequency of drug related crime.The Court aims to reduce criminal recidivism by facilitating treatmentand rehabilitation and to provide increased supervision to individualswith a substance use disorder involved in the criminal justice system,thereby returning individuals to the community better equipped tomaintain their recovery and not engage in further criminal behavior.2Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
TABLE OF CONTENTSTABLE OF CONTENTS . 3OVERVIEW OF THE MARIN COUNTY ADULT DRUG COURT PROGRAM . 5DRUG COURT STRUCTURE . 6TARGET POPULATION .6LENGTH OF PROGRAM . 6CONFIDENTIALITY LAWS AND TEAM COMMUNICATIONS . 7DRUG COURT ADMISSION PROCESS .7ELIGIBILITY CRITERIA . 8NEWLY ADJUDICATED CASES .9PROBATION VIOLATIONS . 9PROBATION MODIFICATIONS. 9PC1210 . 10DEFENDANT’S ROLE IN THE ADMISSION PROCESS . 10ADULT DRUG COURT TEAM . 11ADULT DRUG COURT JUDGE . 11MARIN COUNTY BEHAVIORAL HEALTH . 11DRUG COURT COORDINATOR . 11CLINICAL ASSESSMENT SPECIALIST . 12RECOVERY COACH & CASE MANAGEMENT . 12PROBATION OFFICER . 13OFFICE OF THE DISTRICT ATTORNEY . 14OFFICE OF THE PUBLIC DEFENDER . 14TREATMENT PROVIDER . 15ADULT DRUG COURT PROGRAM OPERATIONS . 16TIME FRAME . 16ASSESSMENT. 16TREATMENT PROVIDER . 17CARE MANAGEMENT SERVICES . 17STAFFING . 17DRUG TESTING. 18ADMINISTERING THE DRUG TESTS. 18ADC RULE VIOLATIONS . 183Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
FOUR PHASES OF THE DRUG COURT PROGRAM . 19PHASE I – TREATMENT AND INTENSIVE SUPERVISION . 20HOUSING NEEDS . 20CRITERIA FOR ADVANCEMENT TO PHASE II . 20PHASE II – INTEGRATING SUBSTANCE ABUSE TREATMENT WITH LIFE . 21CRITERIA FOR ADVANCEMENT TO PHASE III . 21PHASE III – MAINTENANCE AND INDEPENDENT CHOICES. 21CRITERIA FOR ADVANCEMENT TO PHASE IV . 22PHASE IV – CONTINUING CARE . 22CRITERIA FOR GRADUATION . 22GRADUATION . 22ADULT DRUG COURT RULES . 23IMPOSING INCENTIVES AND SANCTIONS . 25CRITERIA FOR AWARDING SANCTIONS AND INCENTIVES . 26HOW SANCTIONS/INCENTIVES ARE APPLIED . 26COLLATERAL SERVICES . 26IDENTIFICATION OF NEED/REFERRAL TO COLLATERAL SERVICES. 26PRIMARY HEALTH CARE/MENTAL HEALTH CARE . 27TERMINATION . 27APPENDIX A . 29APPENDIX B . 304Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
OVERVIEW OF THE MARIN COUNTYADULT DRUG COURT PROGRAMThe Marin County Adult Drug Court (ADC) is a specialized therapeutic focusedlegal approach dedicated to assisting drug or alcohol dependent adults tobecome clean and sober, thereby improving their own lives, the lives of thosenear to them and the broader Marin community. ADC follows a team approachthat sets aside the usual adversarial roles of defense and prosecution, uniting allthose with roles in the court process into a team to do everything in its power toassist the participants in their recovery.After determination of eligibility based on the crimes charged and other criteria,the team makes decisions about admissions, responses to participants’ progress(or lack thereof), and graduation or termination. The Marin County ADC isguided by the “Ten Key Components of Drug Courts” as set forth by the NationalAssociation of Drug Courts. (Please see Appendix A.)The Marin County ADC is directed by a collaborative steering committeecomprised of a Superior Court Judge, the Court Administrator, the PublicDefender, the District Attorney, the Chief Probation Officer, the Director ofHealth and Human Services, the Alcohol and Drug Program Administrator fromthe Division of Behavioral Health and Recovery Services and the Marin CountySheriff. The Adult Drug Court Coordinator serves as staff to the steeringcommittee.Day-to-day operations of ADC are conducted by the Marin County ADC team. Allmembers of the team work together with the assistance of a wide variety ofother county and community-based providers in Marin County, to provideexpansive services to support the effort the participants must make towardsrecovery.Marin County’s Adult Drug Court program is a post-plea program for newlyadjudicated cases as well as those cases where participants already on probationeither agree to voluntarily enter the program or are ordered in by the Courtthrough a modification of their probation, through the filing and adjudication of aPetition to Revoke probation, or from a PC1210/SACPA (Proposition 36) caseafter the defendant failed that program. Participants in the ADC program whoare admitted for commission of specified drug offenses will have those chargesdismissed by the Court upon successful completion of all requirements of theprogram and the required follow-up period.Participants admitted with non-drug-related offenses will not have those chargesdismissed, but will have any remaining jail or prison sanction permanently5Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
stayed. Additional benefits may be incurred based on individual performance inthe Adult Drug Court Program, and at the discretion of the Court and Office ofthe District Attorney.For participants admitted on a modification of probation or due to an adjudicatedviolation of probation, the underlying criminal charges will not be reduced ordismissed, but early termination of probation may be granted to those whosuccessfully complete the program.The Adult Drug Court program offers referrals to substance use treatment, othersocial support services f and other Drug Court services. Substance use servicesavailable for Adult Drug Court participants include withdrawal management,residential, intensive outpatient, outpatient and medication assisted treatment aswell as case management and ongoing recovery support services. In addition tosubstance use treatment, participants attend self-help meetings, caremanagement and other supportive services, have their participation in theprogram monitored by the team, make scheduled court appearances, and submitto testing of their blood, breath, saliva and/or urine.Criteria for admission is based on the crime committed and the status of theapplicant. Candidates for the Adult Drug Court receive an American Society ofAddiction Medicine (ASAM) assessment to determine the level of medicallynecessary treatment they are to participate in and are referred to that level ofservice(s).DRUG COURT STRUCTURETarget PopulationMarin County’s target population for ADC includes participants who havecommitted drug, alcohol and certain other offenses who demonstrate awillingness and ability to benefit from probation and court supervision, substanceuse treatment and other support services. Individualized, medically necessarysubstance use treatment will be developed with each ADC participant. Thetreatment provider will provide for gender, age, and culturally relevant servicesfor both men and women.Length of ProgramThe standard length of the Adult Drug Court Program is no less than one yearbut is dictated by an individual participant’s progress in treatment, meeting court6Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
ordered mandates and other factors. Placement and progression through theprogram’s four phases will be guided, in part, by a comprehensive initialassessment as well as periodic reassessment to determine the level of carewithin the continuum of substance use services needed, in addition to adheringto the orders of the Court and being placed on supervised probation. Candidateswill begin and progress through an individualized continuum of substance usetreatment and participation in support services that could include housingassistance, mental health treatment, trauma informed services, criminal-thinkinginterventions, family or interpersonal counseling, vocational or educationalservices and medical or dental treatment. Candidates receive only those servicesfor which they have an assessed need.Participants will be required to complete the medically-necessary type(s) andduration of substance use treatment indicated by their individualized assessment,ASAM placement criteria and treatment plan. Participants will also be asked toengage in post-program evaluations for a period of no less than one year.Confidentiality Laws and Team CommunicationsThe ADC team shall insure that communications among members aboutparticipants’ progress in the program are in compliance with the requirements ofTitle 42, United States Code, 42 U.S.C. 290dd-2 and its implementing regulationsfound in Title 42, Code of Federal Regulations, 42 C.F.R. Part 2 and any otherapplicable laws. (Please see Appendix B.)Each department head shall institute a policy for its own personnel to protectparticipants’ information as required by 42 U.S.C. 290dd-2 and the implementingregulations.DRUG COURT ADMISSION PROCESSThere are four paths to admission to the Marin County ADC:1. Newly adjudicated case2. Probation/County Parole violation3. Probation modification4. PC1210 (Proposition 36) failureA candidate for ADC must be:1. Diagnosed with a substance use disorder2. 18 years of age or older3. Willing or ordered to participate in ADC4. A resident of Marin County7Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
ELIGIBILITY CRITERIAMarin County Adult Drug Court ProgramEligibility CriteriaFactual DisqualifiersAny charge not otherwisedisqualified in which asignificant underlying cause ofthe defendant’s criminality isdrug or alcohol dependence.Reasons for disqualification fromDrug Court, include, but may not belimited to: Not a Marin County resident; Criminal record of significantviolence; Criminal record of sex crimesor child molestation; Any case(s) with PC 1203.097and/or Batterer’s Programconditions; Significant current or pasthistory of possession ofweapons; Charges of manufacturing ofcontrolled substances; Active confidential informant; Documented gang member; Cannot be treated locally orrequires a higher level oftreatment; ESS ProbationEligibility exceptions will bereviewed by the prosecutor’soffice on a case-by-case basis.Only the charges listed under“Dismissal” will be dismissedupon completion of theprogram.Must be capable of activelyparticipating in all aspects ofthe ADC program.Discretionary IssuesThe prosecutor will use thefollowing discretionary eligibilitycriteria on a case-by-case basis: Current small quantitysales charges; Current small quantitytransportation charges; Current small quantitycultivation; Significant criminal recordof drug sales; Significant criminal recordof drug transportation; On active County Parole; Prior strike convictionwithin 5 years. Hold from anotherjurisdiction;8Marin County Adult Drug CourtPolicies & ProceduresJuly 2018DismissalThe following charges will bedismissed upon ADC graduation: HS 11350 HS 11357 HS 11358 HS 11360 HS 11364 HS 11365 HS 11368 HS 11377 HS 11550 BP 4140 BP 4324 HS11173 HS11174 PC 381Other charges may be dismissed,subject to the District Attorney’sdiscretion, but jail may bepermanently stayed (except formandatory sentences) or probationmay be terminated early.Prior charges will not be dismissed.Dismissals will only be upon themotion of the prosecutor.
Newly Adjudicated Cases:1. The District Attorney will conduct an eligibility screening. During theprocess of determining eligibility for the defendant charged with nondrug-related crimes, any materials provided to the District Attorney’sOffice by the defense to support the review for application to ADC willnot be retained or used by the District Attorney for prosecution of thedefendant, should eligibility be denied.2. Requests from the defendant for a negotiated disposition pendingapplication to the program will be handled by the Deputy DistrictAttorney assigned to the case or by the misdemeanor expediter.3. Participants who are admitted into ADC will be sentenced to ADC termsand conditions.4. The Court may order the defendant into ADC as a condition ofprobation.Probation Violations (PV):A defendant who is on supervised probation and charged with a probationviolation may be considered for ADC as a Condition of Probation. Upon successfulcompletion of ADC, only the charges listed as eligible for dismissal will bedismissed. As to other charges, the sanction may be stayed or probation may beterminated early.1. The deputy probation officer will review the case for eligibility andsuitability however; the District Attorney’s Office will make the finaldetermination of eligibility.2. The Deputy Probation Officer will recommend that the defendantbe admitted into ADC as a sanction.3. The Court may order the defendant into ADC as a condition ofprobation.4. Participants will be sentenced to ADC terms and conditions.Probation Modifications:A defendant who is on supervised probation may be admitted to ADC pursuant toa probation modification. Upon successful completion of ADC, only the chargeslisted as eligible for dismissal will be dismissed. As to other charges, thesanction may be stayed or probation may be terminated early.9Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
1. The Deputy Probation Officer will review the case for eligibility andsuitability however; the District Attorney’s Office will make the finaldetermination of eligibility.2. The Deputy Probation Officer will discuss the option of ADC withthe defendant.3. If the defendant agrees, the Deputy Probation Officer will facilitatethe signing of all consent and waiver forms for the program.4. The Deputy Probation Officer will file a Petition to Modify Probationwith the recommendation that the defendant be admitted into ADC.5. The Court may order the defendant into ADC as a modification ofprobation.6. Participants will be sentenced to ADC terms and conditions.PC1210 (Proposition 36 Failures):Participants who are terminated from the PC1210/SACPA (Proposition36) program may be admitted to ADC.The Defendant’s Role in the Admissions Process1. Sign the required consent and waivers and the ADC contract torelease and disclose confidential information forms,2. At minimum, attend five self-help meetings each week as orderedby the Court, contact the clinical assessment specialist andtreatment provider,3. Follow all directives from the Court and the treatment providerOpt Out Provision: Only participants who have voluntarily entered the ADCProgram will have two (2) weeks to “opt out”. If a defendant “opts out,” theCourt will impose sentence.The “opt out” period does not apply to participants who were orderedinto the Adult Drug Court Program by the Court, despite Participantobjection.10Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
ADULT DRUG COURT TEAMAs outlined in the ADC Best Practices Standards, Vol II, The Marin County ADCTeam is a multidisciplinary group of professionals responsible for administeringthe day to day operations of Drug Court, including reviewing participant progressduring staffing meetings and status hearings, contributing recommendationswithin team members’ respective areas of expertise, and delivering or overseeingthe delivery of legal, treatment and supervision services. The ADC team consistsof a superior court judge, a Deputy Public Defender, a Deputy District Attorney,the ADC Coordinator, a Clinical Assessment Specialist, a Probation Officer, and aRecovery Coach (Case Management & Recovery Services). Treatmentrepresentatives will submit written status updates to the ADC team on a weeklybasis and will be asked to attend ADC staffing meetings when clinically indicated.Adult Drug Court Judge - duties and responsibilities include:1. Participate as a member of the ADC steering committee and team andpreside over Adult Drug Court sessions.2. Participate in the administration, planning and management of the ADC.3. Attend local, state and national drug court and related conferences.4. Direct all policies and procedures of the ADC with the assistance of theteam.5. Support and assist the ADC coordinator in identifying local, state andnational resources to sustain the Marin County ADC program.6. Monitors appropriate application of disciplines, sanctions and incentiveswhile maintaining the integrity of the court.7. Develops rapport with the client through direct discussions includingprogress, concerns, accomplishments and obligations.8. Final decision maker in regard to graduation or incarceration.Marin County Health and Human Services, Division of BehavioralHealth and Recovery Services - duties and responsibilities include:1. Monitor contracted substance use treatment agencies’ license andcertification status to ensure that licensing standards are maintainedfor all participating treatment agencies and contractors.2. Oversee contract compliance of the treatment provider, evaluator,clinical assessment specialist and case manager/recovery coach.Drug Court Coordinator - duties and responsibilities include:11Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
1. Participate as a member of the ADC Steering Committee and CourtTeam.2. Ensure entry, analysis and reports of defendant’s data in programdatabase.3. Provide administrative support to the ADC team through preparation ofaggregate records and materials contained in the database, maintainadministrative records, ensure maintenance of data on participants’progress, barriers, successes and testing outcomes.4. Schedule and convene ADC Team meetings.5. Assist the ADC Judge and the steering committee in developing andrevising ADC policies, procedures and practices.6. Develop, oversee and monitor all reporting requirements of ADC,including all data and fiscal requirements.7. Manages ADC budget, resources and provider contracts.8. Liaison between ADC Team and treatment providers.Clinical Assessment Specialist - duties and responsibilities include:1. Participate as a member of the ADC team in determining clinical needsand treatment placement.2. Provide individual psychotherapy to ADC participants as indicated byongoing assessment of need.3. Secure consent to release confidential information from participants asneeded by the program to comply with federal, state and localconfidentiality laws.4. After obtaining consent to release confidential information, provide theADC Coordinator with data pertinent to the program.5. Administer a comprehensive assessment for all participants referred tothe program and submit summary to the ADC Team.6. Based on placement criteria, identify appropriate treatment referralsfor ADC candidates not admitted to the program and make referrals toother treatment facilities. Provide the team members with optionsregarding additional education and community based service referrals.Recovery Coach and Case Management - duties and responsibilities include:1. Identify, evaluate and collaborate with public and private communityagencies, including understanding available local resources, includingeligibility criteria, program design, modalities of service, specialtypopulations served, capacity and fees, to assist ADC participants to12Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
gain access to needed resources and supports through referrals andlinkages to available services.2. Collaborate with the ADC team to gain access to needed resources,services or supports to establish mutually agreed upon case plan goalsand objectives for the participants.3. Ensure that participants are supported through the ADC process inorder to:a. Increase the likelihood of retention in treatment and long-termsuccess;b. Ensure that referred participants are provided with a “warmhand off” to ancillary and recovery support services in order toprovide an integrated, coordinated and comprehensivetreatment experience.4. Present training/information at ADC team meetings on the agenciesand services available to provide services to ADC participants.5. Attend ADC team meetings to inform the team of participants’ progressand/or challenges. Participate in making decisions pertinent to eachcase.6. Establish partnerships with county, community and recovery supportservice providers to ensure access to appropriate services forparticipants.7. Provide added supervision through regularly scheduled meetings withparticipants.8. Develop rapport with participants through mentoring, regular check-ins,transportation upon request and support in accessing communitybased services.Probation Officer - duties and responsibilities include:1. Participate as a member of the ADC, clinical and placement teams.2. Review participants’ data before all staffing and court sessions.3. Work cooperatively with the ADC Coordinator toward data collectionand evaluation of the ADC program.4. Work closely with the ADC Coordinator, the assigned Judge and allmembers of the ADC team.5. Responsible for direct supervision of participant’s compliance with theprogram including implementation of the appropriate supervision level,monitoring day to day activities and home environment.13Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
6. Liaison between Probation department and ADC Team.7. Follow up on warrants issued through the Court, monitoring sanctionsand compliance of participants through unannounced house visits andUAs.8. Ensure compliance with participants’ probation conditions.Office of the District Attorney - duties and responsibilities include:1. Determine eligibility of candidates and provide notice thereof.2. Participate both as a member of the ADC team and in themanagement of the program.3. Attend national, state and local training, and technical assistancemeetings and conferences, particularly those that address the DistrictAttorney’s role and responsibilities in Adult Drug Courts.4. Participate in the staffing of cases; interact with the ADC team toaddress revocations and application of sanctions and incentives as theyapply to participants.5. Collaborates with the ADC team and shares a common goal ofsuccessful treatment completion.6. Monitors participant progress, makes recommendations regardingsanctions and ultimate treatment outcomes.7. If a participant is arrested, reviews new case to assess forappropriateness of continued participation.8. Member of the Steering Committee.Office of the Public Defender - duties and responsibilities include:1. Participate both as a member of the ADC team and in themanagement of the program.2. Meet with the participant to explain the program including the drugcourt rules, phases, graduation and termination. Secure consent fromparticipants to release confidential information as needed by theprogram requirements, as well as to comply with federal, state andlocal confidentiality laws.3. Provide the defendant with a copy of the ADC Participant’s Manual.4. Explain the contents of the Agreement to Participant and providesigned copies to the Court, the D.A. and to Probation.5. Attend national, state and local training, and technical assistancemeetings and conferences, particularly those that address the defenseattorney’s role and responsibilities in adult drug courts.14Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
6. Advocates for participants during staffing and court proceedings7. Supports the negotiation of ADC agreements with other defenseattorneys.8. Represents and counsels the defendant in all ADC court proceedings.9. Promotes the legal rights, health and well-being of the participant.10. Member of the Steering Committee.Treatment Provider - duties and responsibilities include:1.2.3.4.5.6.7.8.Provide substance use treatment services to all ADC participants.Communicate treatment updates in a timely manner on participantsparticipation in treatment as medically indicated.Assign sufficient staff to meet the needs of participants relative tothe supervised urinalysis and substance use treatment services.Attend local, state and national drug court and related conferences,as possible.On a weekly basis, report participants’ progress and immediatelyreport violations of the ADC rules, including positive or diluted drugtest results to the ADC team within 24 hours; if possible. Provide theDivision of Behavioral Health and Recovery Services with reports andother data as needed.At regular intervals assess participants using the ASAM criteria toensure enrollment in a clinically indicated level of care.Utilize the full Continuum of Care to ensure smooth transitionsbetween levels of care, between providers and in accessing CaseManagement services.Notify ADC team of positive UAs and attach test as reference.15Marin County Adult Drug CourtPolicies & ProceduresJuly 2018
ADULT DRUG COURT PROGRAM OPERATIONSTIME FRAME: Arrest to First Drug Court AppearanceIt is the intent of the ADC that the time from arrest to entry into the program isas short as possible. As soon as any defendant is identified as a possibleparticipant in ADC, the District Attorney’s Office will conduct an eligibility review.At sentencing, any eligible defendant may be sentenced to ADC as a condition ofprobation. The ADC is not a strictly voluntary court. Defendants may besentenced to ADC as a condition of probation over an objection. Aftersentencing, the ADC team will conduct an assessment for participation in theprogram and defendants will be admitted into the ADC and immediately enrolledin treatment and other services.ASSESSMENTAssessment is the first step in the treatment process. Various assessment toolsare utilized including but not limited to Formal Psychosocial, SASSI-4, MOCA,Beck’s Depression inventory, Burn’s Anxiety Scale, and a Mental Status Exam.The Assessment will also include a recommendation for type and duration ofinitial medically necessary treatment as indicated by the ASAM Criteria.The ASAM assessment includes a comprehensive review that considers allplacement and need dimensions including: Current Toxicity, (Dimension I);Biomedical Conditions, (Dimension II); Emotional and Behavioral Conditions,(Dimension III); Treatment Acceptance/Resistance and Capacity, (DimensionIV); Relapse/Recovery History and Potential, (Dimension V) assessment of thedefendant’s Current Recovery Environment (Family Support), (Dimension VI).The Clinical Assessment Specialist will look closely at the social and familysupports both for appropriate participant placement and to determine the level ofneed and benefit for the inclusion of significant others and family members in theprogram. The Clinical Assessment Special
Marin County Adult Drug Court Policies & Procedures July 2018 5 OVERVIEW OF THE MARIN COUNTY ADULT DRUG COURT PROGRAM The Marin County Adult Drug Court (
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