Transcript Drug Court 2010 - CriminalCLE.net.au

DRUG COURT PROGRAM
and the
COMPULSORY DRUG
TREATMENT
CORRECTIONAL CENTRE
(CDTCC)
Differences
Drug Court
CDTCC
Both women and men can be
referred
→
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Men only referred (working
committee for a women’s facility 2011)
Residing in Sydney Sth/Western
and Western Council regions when
last living in the community →
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Residing in the Sydney
metropolitan Council regions when
last living in the community
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Referred - from all Sydney
metropolitan District/Local Courts
-after sentence
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Persons ineligible if charged at any
time with Murder/Manslaughter/
Sexual Assault/Commercial
Supply/Use of Firearm
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Referenced in the Drug Court Act
as “eligible convicted persons”
Referred - from District/Local
Courts in limited Sydney Sth
Western/Western Court locations
- before sentence
→
Finding of ineligible if: propensity
to violence in past; referred offence
is a matter of violence; strictly
indictable supply
→
Referenced in the Drug Court Act
as “eligible persons”
→
Screening Process
Drug Court
CDTCC
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Screened by DPP, before being placed in the
ballot, on eligibility - S.5 of the Drug Court
Act (eligibility of offences)
If successful in the random ballot, receives a
future mention date at Drug Court 2 weeks
after ballot being run
Screened for appropriateness at the mention
date (antecedents); further eligibility issues of
residential requirement; mental health
stability and drug dependency; and eligibility
of offences again reviewed
If found eligible and appropriate, 2 weeks
detoxification (i/c at the MRRC), treatment
plan finalised and then an initial sentence
date is set to be released onto the program
Numbers limited on program by how many
taken from the ballot – up to 180
Minimum of 4 weeks from
being accepted by the random
ballot to commencing program
(up to 3 months if a hearing)
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Screened by DPP once referred to the Drug
Court on all legal criteria - S. 5A of the Drug
Court Act
Mental Health and Health assessment only
after legal criteria meet; (have to be assessed
as able to reduce off
methadone/buprenorphine safely)
Multi-Disciplinary Team Assessment – (takes
into consideration background and any
intelligence held by DCS which would see
participant a risk to the CDTCC, escape
history, violence, overdose, motivation to do
the program)
If a bed is available at the CDTCC, the order
is made transferring their sentence to be
served at the CDTCC
Numbers limited by “beds” available in each
Stage: 35 beds Stage 1; 35 beds Stage 2 and
unlimited beds Stage 3.
Minimum time to be moved to
CDTCC from referral 6 weeks
(up to 4 months if a hearing)
Drug Court challenges
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Plea of guilty or indication of a plea of guilty has
to be made at referring Court but if they are
successful in the ballet and accepted onto the Drug
Court program, a plea of guilty has to be
confirmed at Drug Court
Best to ensure that all negotiations and
amendments to facts are completed before referral
to the Drug Court where possible as DPP
generally not amenable to change facts and limited
preparedness to negotiate due to time restraints –
short matters Court
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Probation and Parole will do a home check and decide whether or not
“home’ is a suitable place to do the program
Justice Health will decide whether participants do the program in the
community or at a fulltime rehabilitation centre – no choice
If they want to come onto the program (or remain on the program) they
can be forced to take medication as part of their treatment plan
The Court can impose clauses as part of their treatment plan which
sees a non-association with individuals
No alcohol allowed on phase 1, at all times under .05 for other phases
The Court can increase the judicial supervision of a participant,
coming to Court more regularly (current control group within
BOCSAR study group)
Curfews and geographical prohibitions
It is a more onerous program than a Home Detention Order or S. 12
Bond
Will be under supervision for at least 16 months even if they Graduate
(minimum 12 month program, smallest S.9 Graduation Bond 4
months)
CDTCC Challenges
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Automatic parole periods no longer have any effect, S.18G
of the Drug Court Act 1998
No policies in place which sees breaches and anomalies
with regards to a participant’s program very much at the
administrative control of the CDTCC
Unable to take clients with learning difficulties
Housing suitability and approval for stage 3 and CDTCC
parolees very stringent and more controlling than normal
parolees
All CDTCC parolees are supervised by the CCG of P&P
Most participants do not get parole when NPP expires –
some participants have completed full sentence at the
CDTCC due to a number of issues - including no fault
issues like housing
2-3 urine tests a week with random testing as well
Parole conditions set by the Drug Court sitting as the State
Parole Authority
Positives of both Programs
Drug Court
CDTCC
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Access to Community Health
resources
Access to rehabilitation centres
Access to
counselling/psychologists
Ability to have an opportunity
to do rehabilitation instead of
gaol time
Pharmacotherapy is paid for
Expectation of study or work in
Phase 3 of the program
Quashing of Habitual Traffic
Offender Declarations at
Graduation or at Substantial
Compliance of the program
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CDTCC is an exceptional
facility to do a fulltime sentence
(library; computers; cooking
facilities; BBQs; counsellors;
gardens; gym with free weights;
educational courses at the
centre (concreting; brick laying;
landscaping)
Great support so far as
education and learning
programs
Have their own cell
Early access to work and
educational release in Stage 2
Minimum security facility
When should your client “reconsider” as an option
Drug Court
CDTCC
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If client is likely to receive a
short sentence (<6 months)
If there is a history of domestic
violence and client wouldn’t
consider rehab or alternate
accommodation
DOCS issues can see
problematic situations arise
(regular drug testing whereas
unlikely to be subjected to such
scrutiny if in the community)
If the client thinks the Drug Court is a quick
easy escape to liberty
If the client has outstanding matters of
violence which will not be referred to the
Drug Court and or other matters which he/she
is bail refused on (also S.12 Bond breach
where original offence is a matter of
violence)
If the client has an extensive history of
violent matters (including matters which have
been withdrawn/dismissed)
If there are serious matters of violence to be
referred to the Drug Court (Drive Manner
Dangerous also included)
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If they have a sentence of 3
years or under, and would
otherwise have automatic
parole
If they are on a high dose of
methadone/buprenorphine
(other medications can also see
clients not suitable)
Must be able to adhere to a no
tolerance of violence policy at
the Centre towards fellow
participants, Corrective Officers
and other staff members
If they wish to live outside of the Sydney
metro area in near future
If they have learning difficulties and their
education is such they would not be able to
participate in a NSW schooling equivalent of
approximately Yr 6 Primary
If the client has a history of domestic
violence (recent and still in that relationship)
DCS intelligence of association or affiliation
with criminal gang; or involved in matters of
violence and/or drug trafficking during
previous periods of imprisonment
Drug Court program and CDTCC
Recent Developments
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DRUG COURT PROGRAM
- Recent Drug Court decisions of Bruce and Hilzinger, widen the scope of
offences which Drug Court can deal with. Now offences where there is a
violent event alluded to in facts but the charge itself does not have an element
of violence can be dealt with at the Drug Court. (DPP are currently preparing
an Appeal/Review to the Supreme Court for Prerogative Relief in both
matters)
- Bureau of Crime Statistics and Research (BOCSAR) currently looking at the
effect of increased judicial supervision (random selection of two study groups)
- Sharon Davis of ABC Radio National – currently recording a radio
documentary about the Drug Court
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CDTCC
- Policies are soon to be created in relation to the CDTCC to cover issues such
as Parole and offences on program (similar to the existing Drug Court program
policies)
- Evaluation report by BOCSAR due out in June/July 2010
Current participants at:
Drug Court
CDTCC
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Awaiting entry onto
program: 22
Phase 1: 55
Phase 2: 54
Phase 3: 44
2009 ballot referrals 248
accepted 232
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Awaiting entry into the
Centre: 11
Stage 1: 32
Stage 2: 28
Stage 3: 14
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2009 referrals 77
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(approx. 50% accepted)
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Graduates for 2009: 42
(57% at F.S. received no further time in custody)
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Graduates for 2010: 28
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2010 referrals 30
(15 accepted)