Chart II-G-4: Frequency of Judicial Contact with Parents of Juvenile Drug Court Participants ÷ Phase 3

 

State

Jurisdiction

PHASE III

     
   

Weekly

Every Other Week

Monthly

Other

AL

Birmingham




as needed

AZ

Phoenix



x


CA

Auburn



x


CA

EL Dorado



x


CA

San Francisco




depends on individual

CA

San Jose



x


CA

Tulare




At orientation and whenever parents come. Many parents work.

FL

Ft. Lauderdale



x


FL

Jacksonville


x



FL

Key West



x


FL

Pensacola (juvenile)



x


IL

Chicago




Every other month

KY

Louisville




as needed

MO

Benton


x



MT

Missoula

x




NM

Las Cruces


x



NV

Las Vegas



x


OH

Lancaster



x


SC

Charleston


x



 

2. Family Drug Court

 

Judicial contact with participants in the family drug courts is reported generally to be at least weekly and, in some instances, more frequently during the initial phase -- more frequent than in the juvenile or adult drug courts. The frequency of judicial contact tapers off as the participant prrogresses.

 

Chart II-G-5: Frequency of Judicial Contact with Family Drug Court Participants

 

State

Jurisdiction

PHASE I

     

PHASE II

   
   

Weekly

Every Other Week

Monthly

Other

Weekly

Every Other Week

Monthly

Weekly

Every Other Week

Monthly

FL

Pensacola (family)

x





x




x

KY

Bowling Green




varies







MA

Greenfield

x




x




x


NY

Central Islip

x



Judge will see parent 2 times per week if recommended at the beginning


x





 

Based on the limited experience reported by family drug courts to date, the family drug court maintains significant, though less frequent, contact with the children of family drug court participants, as depicted on Chart G-4.

 

 

 

 

Chart II-G-6: Frequency of Judicial Contact with Children of Family Drug Court Participants

State

Jurisdiction

PHASE I

   

PHASE II

   

PHASE III

   
   

Weekly

Every Other Week

Monthly

Weekly

Every Other Week

Monthly

Weekly

Every Other Week

Monthly

FL

Pensacola (family)

x




x




x

NV

Las Vegas



x



x



x

NV

Reno


x



x



x


 

H. Responses to Participant Progress: Sanctions and Incentives

 

1. Sanctions for Non Compliance with Program Conditions

 

Chart H-1 provides a synopsis of the range of sanctions juvenile drug courts impose for noncompliance with program conditions. The most frequently used sanctions are:

 

increased frequency and intensity of treatment services 90%

community service 88%

assignment of an essay 77%

electronic monitoring 51%

increased urinalysis 85%

increased AA/NA attendance 80%

restriction of driving privileges 31%

 

A number of programs also indicated they have begun to use detention for willful noncompliance with program conditions.

 

Chart II-H-1: Sanctions for Non Compliance: Juvenile Drug Courts

 

ST

Jurisdiction

Incarcer-ation

Inc. Tx

Elec. Monit.

Comm. Serv

Assign Essay

Incrse Rpting

Incrs UAs

Increase AA/NA

No Driving

Other

AL

Birmingham

x

x


x


x

x

x


school attendance

AZ

Phoenix

x

x

x

x



x

x



CA

Auburn

x




x


x

x



CA

EL Dorado

x

x

x

x

x

x

x

x

x


CA

San Francisco

x

x


x

x

x

x

x


individualized sanctions

CA

San Jose

x

x

x

x

x

x

x

x

x


CA

Tulare

x

x

x

x

x

x

x

x

x


DE

Wilmington


x


x

x

x

x

x



FL

Bartow

x

x

x

x

x

x

x

x

x


FL

Ft. Lauderdale

x

x

x

x

x

x

x

x



FL

Jacksonville

x

x

x

x

x

x

x

x


curfew

L

Key West

x

x

x

x

x

x

x

x

x


FL

Orlando

x

x


x

x

x

x

x



FL

Pensacola (juvenile)

x

x

x

x

x

x

x

x



FL

Tampa

x*

x


x

x

x

x

x


*Contemplating using--new 1998 statute allowing contempt for parent

Participation additional programs: NEAT (Sheriffs program), SHOCK ( Juv. court program), YES (County program, tour of BALM (Adult Minimum security prison)

IL

Chicago

x

x


x

x

x

x

x



KY

Louisville

x

x

x


x

x

x

x



MO

Benton

x

x


x



x


x

detention

MT

Missoula

x

x

x

x

x

x

x

x



NJ

Jersey City

x

x


x



x

x


other

NM

Las Cruces

x

x

x

x

x

x

x

x



NV

Duckwater

x

x

n/a

x

x

x

n/a

n/a

x

More frequent PBT Monitoring; Restrict Girls' use of Hairspray/Makeup, Certain Clothing; Help with Sober activities; Parenting Classes, Attend AA, Attend 45-day In-Patient Program, Curfew; Place Under House Arrest

NV

Las Vegas

x

x

x

x

x

x

x

x

x


OH

Lancaster

x

x

x

x

x

x

x

x

x

Foster placement, increased surveillance, Time out program, drop back one phase, lengthen phase, more frequent status hearings, added fines.

SC

Charleston

x

x

x

x

x






UT

Salt Lake City

x

x


x

x

x

x

x



 

Chart II-H-2: Use of Detention as a Sanction for Non Compliance: Juvenile Drug Courts

 

State

Jurisdiction

Det. Of Juv.

 

Circumstances

Duration

Det. Of Parent

 

Circumstances

Duration

   

Yes

No

   

Yes

No

   

AL

Birmingham

x


Chronic absence from drug court, chronic absence from treatment, positive urines, failure to make appointments, program noncompliance

2 to 30 days





AZ

Phoenix

x


Substance use, lying in court, failure to attend treatment groups

progressive: begins at 24 hours to 3 days: week substance abuse program, etc...





CA

Auburn

x


See attached sanction schedule






CA

EL Dorado

x


If minor has violated the terms of Probation, minor may be incarcerated and then returned to the program.

Case by case basis.





CA

French camp

x








CA

San Francisco

x


Depends on individual participants' lack of compliance with program

Depends on individual participant's circumstances





CA

San Jose

x


Drug tests, failure to go to school

Drug Test= length of time to clean out system. School-wknd.





CA

Tulare

x


Positive tests, failure to attend school or treatment, other contract violations

3-10 days


x



DE

Wilmington


x







FL

Bartow

x


Positive U/A, non compliance in attending group counseling, not attending AA/NA, not attending school, breaking curfews

3 days to 2 weeks





FL

Ft. Lauderdale


x







FL

Jacksonville


x

Absconding, failure to attend group, court, missing screens, school report of non-compliance also figures in.

Up to 5 days for 1st order to show cause.


x



FL

Orlando


x




x



FL

Pensacola (juvenile)

x


Severe curfew violation, dirty urine screen, new arrest, severe non-compliance with treatment requirements

Weekend--up to 15 days

x


Positive UA's; missing treatment

from 24 hours to 10 days

FL

Tampa

x*


*Perhaps not regularly: out of 253 defendants only 34 have been detained due to contempt of court

Detention is imposed when child is found guilty of contempt

1st Offense--5 days

15 days for each subsequent offense





IL

Chicago

x


Judge agrees to let minor enter program only if initial phase of program incorporates residential treatment

 

Until residential treatment is achieved--usually one week


x



KY

Louisville

x


None attendance at treatment, failure to appear in court


x


failure to comply with court ordered procedures

we haven't done this, probably 7 to 10 days

MT

Missoula

x


multiple (3) dirty UAs consecutively

short-term weekend


x



NJ

Jersey City

x


failure to attend treatment sessions, self help groups, court hearings

One night to 3 days


x

Parents are required to attend one family counseling session per week. If not sanctions Amy be imposed - no sanctions have been imposed as yet. Program just started.


NM

Las Cruces

x


Is used, but not regularly - one of the more severe sanctions

2-15 days


x

However, parents are made party to the petition and failure to fully cooperate could result in parents being held in contempt. The DA's office and JPO's would give recommendation to Children's Court Judge on a case by case determination.


NV

Duckwater


x




x



NV

Las Vegas

x


If UA's still positive after 30-60 days use graduated consequences of 3-5 and 10 days in detention during successive months



x



OH

Lancaster

x


Dirty urine screen(s); failure to attend school; failure to attend counseling or report into probation officer; infraction of any home or probation rules; tampering with urine screens; any violation of program. Detention is part of a series of graduated sanctions.

ranges from one day to "until further order of the court."


x*

*Not currently imposed, but is being considered.


SC

Charleston

x


Non compliance with court order, non attendance at treatment, lying, inappropriate court room behavior

2-10 days



n/a


UT

Salt Lake City

x


Positive UA's, failure to appear at court, failure to complete assigned tasks (i.e.: essays, community service)

Up to 10 days





 

2. Incentives to Recognize Participant Progress

 

Chart II-H-3 illustrates the range of incentives juvenile drug courts are using to recognize the progress of participants. In addition to the praise of the judge and accolades from attendees at the drug court hearing, these incentive include: awarding bonus points; extending a juvenile's curfew; releasing him or her from "house arrest" or electronic bonding; restoration of the juvenile's driving license; and special tokens of recognition, such as tickets to a sports event.

 

Chart II-H-3: Incentives to Recognize Participant Progress: Juvenile Drug Courts

 

State

Jurisdiction

Decr. Detention

Dismiss Case

Bonus Points

Extend Curfew

Release House Arrest

Restore License

Early Release

Public Recog. of Prog

Tickets/ Other Spec. Prizes

Other

AL

Birmingham

x






x

x


less frequent contact (hearings, urinalysis)

AZ

Phoenix

x






x

x

x


CA

Auburn



x

x

x


x

x



CA

EL Dorado


x

x



x


x


Food Coupons, Reduction in Work Program/Community Service Hours.

CA

French camp


x

x

x

x



x

x

release from electronic monitoring; provide "goody" packs (food packs) for exemplary behavior in program

CA

San Francisco




x




x


individualized incentives

CA

San Jose


x



x

x


x

x


CA

Tulare


x

x

x

x

x

x

x



DE

Wilmington




x



x

x

x


FL

Bartow

x

x





x

x



FL

Ft. Lauderdale

x

x






x

x


FL

Jacksonville



x

x

x

x


x

x

Cultural awareness and involvement in arts, theater.

L

Key West

x

x

x



x

x

x



FL

Orlando


x


x

x





Decrease intensity & frequency of treatment

FL

Pensacola (family)











FL

Pensacola (juvenile)




x*



x

x


*For special events/occasions

Gift Certificates donated by local stores.

FL

Tampa


x


x



x

x



IL

Chicago

x

x


x

x


x

x

x

Meetings with food & beverages

KY

Bowling Green











KY

Louisville

x

x


x

x



x

x


MA

Greenfield











MI

Kalamazoo











MO

Benton


x


x

x

x

x

x

x


MT

Missoula




x

x


x

x

x


NJ

Jersey City

x

x




x


x


other

NM

Las Cruces

x

x


x

x



x

x

early release from probation

NV

Duckwater

x

x


x

x

x

x

x

x

Release/restore Items listed in Other above, Dinner/Pizzas Tickets

NV

Las Vegas


xx


x

x

x

x

x



NV

Reno











NY

Central Islip











OH

Lancaster

x

x


x

x

x

x

x

x

Lessen frequency of urine screens, reduce costs, reduce reporting days, lessen hours in WORK, Time OUT, Community Service programs.

SC

Charleston

x



x

x



x

x


UT

Salt Lake City











 

 

I. Requirements for Program Completion

 

1. Requirements for Program Graduation/Completion

 

a. Juvenile Drug Courts

 

Completion of most juvenile drug court programs requires at least one year of program participation although some programs can be completed in a shorter time, depending upon the circumstances of the individual participant and the rate of his or her progress.. Approximately 25% of the programs do not set a specific duration for program participation but require, rather, an indefinite period of participation, so that treatment and other program requirements can be adapted to the changing situations of most juvenile participants. In addition to the period of program participation, juveniles must demonstrate: (1) sobriety for a specified minimum period of time -- usually at least three months; (2) a stable living situation; and (3) the achievement of a high school diploma or GED or liikelihood of receiving such certification. Many programs also require a positive recommendation from the treatment provider as a condition for graduation and performance of a specified number of community service hours. These requirements are further depicted in Chart II-I-1 which follows.

Chart II-I-1: Required Period of Program Participation for Graduation: Juvenile Drug Courts

 

State

Jurisdiction

1 Year of Participation

18 Months of Participation

2 Years of Participation

Indefinite Period

Other

AL

Birmingham




x


AZ

Phoenix

x





CA

Auburn

x





CA

EL Dorado

x





CA

French camp

x





CA

San Francisco

x



x

at least one year

CA

San Jose

x





CA

Tulare





9 months or longer, depending on the child

DE

Wilmington




x


FL

Bartow





6 months - 1 year

FL

Ft. Lauderdale

x





FL

Jacksonville

x





FL

Key West





9 months

FL

Orlando





6-12 months

FL

Pensacola (juvenile)





10-12 months

FL

Tampa

x



x

The length of the program is determined by the progress the juvenile makes in the program.

IL

Chicago




x*

*But usually nine months

KY

Louisville

x





MI

Kalamazoo






MO

Benton




x


MT

Missoula





Completion of all youth drug court programs may take 6-18 months

NJ

Jersey City





3 months to 9 months unless residential is required

NM

Las Cruces





6 months

NV

Duckwater





4 months

NV

Las Vegas

x





OH

Lancaster

x



x


SC

Charleston

x



x

may be extended if motivated, show initiative, etc...

UT

Salt Lake City





Six months to a year

 

Chart II-I-2: Other Requirements for Program Graduation: Juvenile Drug Courts

 

State

Jurisdiction

Sobriety For # of Months

Obtain/Main Emp.

Stable Living

Situat

Diploma/GED

Com Service

Tx Rec.

Paymt of Fee

Other

AL

Birmingham

3


x

x

x

x



AZ

Phoenix

11


x


x

x



CA

Auburn

2



x


x

x


CA

EL Dorado

6




x*

x


*Work program and/or "performing a period of community service".

CA

French camp

x



x

x

x



CA

San Francisco



x





x

CA

San Jose

12


x

x

x

x



CA

Tulare




x


x


Responsibility groups, workforce preparation

DE

Wilmington


x*

x

x


x


*obtain/maintain employment with school

FL

Bartow

6





x



FL

Ft. Lauderdale

3





x


no additional criminal activity

FL

Jacksonville

3


x

x

x

x



FL

Key West



x

x

x

x



FL

Orlando

2



x





FL

Pensacola (juvenile)






x



FL

Tampa

6

x

x

x

x*

x

x

*For those cases assigned hours.

There are a certain # of counseling sessions (group and individual) that must be completed before successful graduation.

IL

Chicago

3



x


x


No new delinquency findings

KY

Bowling Green









KY

Louisville

4


x

x


x



MI

Kalamazoo









MO

Benton

2

x


x

x

x



MT

Missoula

1.5




x

x

x

Completion of Parks and Recreation and Literacy Volunteer programs.

NJ

Jersey City

3

x


x


x


obtain/maintain employment or school

NM

Las Cruces



x

x

x

x


sobriety at end of 6 month period

NV

Duckwater

2

x

x

x

x

x


Complete essays on relevant topics

NV

Las Vegas

6








OH

Lancaster




x


x

x

*Must have 12 consecutive clean screens

SC

Charleston

2

x

x

x


x

x


UT

Salt Lake City




x

x

x

x


 

 

b. Family Drug Courts

 

In order to graduate from most family drug courts, participants are required to participate for at least one year, demonstrate a specified minimum period of continuous sobriety (usually at least three months); a stable living situation; and a substantial continuous period of time during which the participant is meeting his or her obligations to his or her children.

 

2. Reasons for Involuntary Termination

 

a. Juvenile Drug Courts

 

The most frequent reasons for involuntary terminations from a juvenile drug court are: failure to attend treatment; failure to appear in court; and/or having a new arrest for a violent offense. As Chart I-3 illustrates, involuntary terminations generally occur only after repeated willful failure by the juvenile participant to comply with program requirements.

 

Chart II-I-3: Reasons for Involuntary Termination: Juvenile Drug Courts

 

State

Jurisdiction

Repeated + Urinalysis

Failure to Attend Treatment

Failure to Appear in Court

New Arrest (violent)

New Arrest (non-violent)

Other

AL

Birmingham




x


unable to derive benefit

AZ

Phoenix

x

x


x


combination of all marked

CA

Auburn

x

x

x




CA

EL Dorado

x

x

x

x

x

Failure to attend school and/or perform satisfactorily academically; failure to complete probation conditions.

CA

French camp

x

x

x

x

x


CA

San Francisco






depends on the individual

CA

San Jose




x


Failure to perform over a period of time

CA

Tulare




x


Repeated failure to comply with contract

DE

Wilmington

x

x

x

x

x


FL

Bartow

x

x

x

x



FL

Ft. Lauderdale

x

x

x

x

x


FL

Jacksonville




x


Sales

FL

Key West


x

x




FL

Orlando

x

x

x

x



FL

Pensacola (juvenile)

x*

x

x**

x


*Extensive

**Repeatedly

Each case is considered individually.

FL

Tampa

x

x

x

x

x

Combinations of all of the above

IL

Chicago

x

x

x

x



KY

Louisville


x

x

x



MI

Kalamazoo







MO

Benton


x

x

x



MT

Missoula

x

x





NJ

Jersey City

x

x

x

x

x


NM

Las Cruces

x

x

x

x

x

team recommends to judge as final authority

NV

Duckwater

n/a

x

x

x



NV

Las Vegas (Juvenile)

x

x

x

x

x


OH

Lancaster




x


AWOL from program or jurisdiction

SC

Charleston


x

x

x


depends on recommendation of solicitor

New arrest

UT

Salt Lake City

x

x

x

x

x


 

b. Family Drug Courts

 

Like juvenile drug courts, family drug courts terminate a participant only after repeated, willful failures to comply with program conditions or evidence that the participant has placed his or her child in imminent risk to health or life. A summary of factors bearing on the decision to terminate a participant involuntarily from the family drug court is provided in Chart I-4 below.

 

Chart I-4: Reasons for Involuntary Termination ÷ Family Drug Courts

 

State

Jurisdiction

Repeated + Urinalysis

Failure to Attend Treatment

Failure to Appear in Court

New Arrest (violent)

New Arrest (non-violent)

Other

FL

Pensacola (family)

x*

x

x**

x


*Extensive

**Repeatedly

KY

Bowling Green







MA

Greenfield

x

x

x*

x


*Repeated

NV

Las Vegas (Family)

x

x

x




NV

Reno

x

x

x

x

x

all are possible. none is automatic

NY

Central Islip

x

x




Placing child at imminent risk to life or health

 

J. Changes in Court Procedures and Processes Required to Implement the Juvenile and Family Drug Court Programs

 

1. Juvenile Drug Courts

 

As Chart II-J-1 illustrates, the most common changes in court procedures and processes required to implement juvenile drug court programs have generally entailed: expediting the screening and assessment of participants at the time of arrest; conduct of more comprehensive and earlier assessments of the circumstances as well as substance use of each participant; imposition of immediate responses (both positive and negative) to participant progress or relapse; closer supervision of the progress of the juvenile as well as the services being provided; and greater involvement of the juvenileās family throughout the period of his or her participation in the juvenile drug court.

 

Chart II-J-1: Principal Changes in Procedures and Processes Required to Implement Juvenile Drug Court

 

State

Jurisdiction

Changes in Procedures

AL

Birmingham

Immediate sanctions, shock incarcerations, the "team" concept

AZ

Phoenix

"Arena" style hearing: all participants are present during hearings

CA

EL Dorado

Minor appears in Court with all other Drug Court participants present.

CA

San Francisco

none

CA

San Jose

Pretrial reinforcement, positive peer pressure, bi-weekly reviews, dismissal of case upon completion of program

DE

Wilmington

We have tightened up our referral process in NCC so that all drug cases go through a single DAG

FL

Orlando

Additional cases during arraignments and detention hearings. More written reports to Court. Additional hearings to address clients's needs or problems.

FL

Pensacola (juvenile)

Since implementation of Family Court - court sessions have been separated out from Adult Drug Court.

FL

Tampa

Developed the position of (Juvenile) Drug Court Specialists: responsible for handling referrals, setting dockets, notifying of court attendances, holding orientation, trouble shooter for Judge

IL

Chicago

none

NM

Las Cruces

Sub court to Children's court with independent district court judge.

More frequent appearances & accountability to children

NV

Duckwater

none

NV

Las Vegas (Juvenile)

A monthly Drug Court review for all participants

OH

Lancaster

Status Hearings; more immediate consequences/sanctions; increased parent participation; increased group focus; individual treatment increased; drug testing on parents when substance abuse suspected.

SC

Charleston

Added task list for clients

now utilizing electronic monitoring

UT

Salt Lake City

Not imposing minimum mandatory penalties.

 

 

2. Family Drug Courts

 

Family drug courts are instituting changes in procedures and processes similar to those required by juvenile drug courts. In addition, family drug courts are seeking to provide increased ÷ and more immediate ÷ services, simultaneously, to both parents and children.

 

Chart II-J-2: Principal Changes in Procedures and Processes Required to Implement Family Drug Court

 

State

Jurisdiction

Changes in Procedures

NV

Las Vegas (Family)

A monthly Drug Court review for all participants

NY

Central Islip

Expedited court procedures - disposition within 7 days, intensive judicial supervision - weekly monthly court appearances, on-site drug & alcohol assessments, on-site case management services, drug testing, sanction & rewards, child advocates (CASA)

 

K. Establishment of New Locations for Service Provision

 

Many of the reporting programs indicate that special locations have been established to provide services to the juvenile and family drug court participants. Almost half of the programs provide some services in the courthouse and approximately one-third provide services in a local treatment facility. Approximately 25% of the reporting programs provide service in local schools and 20% provide in-home services. Other service locations include recreation centers, local religious centers, and police athletic leagues.

 

L. Program Costs, Fees Assessed, and Funding Sources

 

1. Program Costs Per Client/Family

 

Half of the reporting programs were able to provide an estimate of the cost for their juvenile or family drug court. Most of the programs report these costs to be under $ 500 per participant, primarily because the drug courts are making use of many existing services. Those programs which have developed special service components for the drug court to augment existing resources (e.g., family therapists; special counseling components; educational programs, for example) are calculating significantly higher costs. As most programs gain experience they may also find their costs increasing because of the multiple family members who need to be served through the drug court process. Chart L-1(1) provides an initial cost per client estimate from the reporting juvenile and family drug courts at this time. Chart L-1(2) provides the costs per family which only a few programs have yet begun to calculate.

 


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