Transcript INTRODUCING DRUG TREATMENT COURTS IN CHILE

DRUG TREATMENT COURTS.
THE SUCCESSFUL CASE OF CHILE.
Catalina Droppelmann R.
[email protected]
Santiago, Chile
CHILE
Populat ion
16, 432, 674
Capit al
Sant iago
Of f ic ial language
Spanish
Gov e rnme nt
Democratic republic
President
Michelle Bachelet
GDP (PPP)
total
US$ 196,401 million
per capita
US$ 12,983
Fundación Paz Ciudadana (FPC)
Is a non-partisian, non-profit organization founded in 1992.
FPC works in close collaboration with governmental and non-governmental
institutions, as well as with the media and renowned professionals from the
public and private sectors.
MISSION
Contribute to reducing crime and fear of crime by providing
technical support to the formulation of the relevant public policies and
transfering knowledge and work methodologies to tackle the problem.
Criminal Justice System in Chile
 2000-2005: radical criminal justice reform:
- Transformation from an inquisitorial and written system to an
adversarial and oral procedure.
- New institutions: Public Prosecutor’s Office, National Defense
Service (public/private).
- New Procedural Code.
- Introduction of regulated discretion: simplified procedures and
diversion figures.
¿ Why is it important to implement DTC’s in Chile?
 Crime has been rising for the last decade.
 Prison population has been increasing.
 High prison population rate, by international standards.
 Drug offenders represent 9% of the prison population, and 1% of
recorded crime.
 67% of arrestees* tested positive for any illegal drug, and 60% for
cocaine.
* arrested for: theft, robbery, assault, homicide and rape.
Recorded Crime* Rate 1997-2006
(per 100.000 inhabitants)
3000
2.502
2.490
2500
2000
1500
1000
1176
500
0
1997
Denuncias
Cada 100.000 Hbtes
1998
1999
2000
2001
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
166.482
172.487
196.253
218.481
263.740
294.529
357.619
399.507
407.000
409.093
1.176
1.202
1.349
1.480
1.694
1.871
2.246
2.482
2.502
2.490
* Considers theft, robbery, assault, homicide and rape.
Source: Ministery of Interior, 2006
2002
2003
2004
2005
2006
Prison Population in Chile (1996-2006)
39.417
37.003
40.000
+ 6.5%
30.000
20.000
10.000
1996
1998
Source: Chile, Anuario de Gendarmería, 2006
2000
2002
2004
2006
Source: World Prison Population List (7th edition)
N:1141839
Source: National Prosecutor Service, 2007.
Arrestees Drug Abuse
% of arrestees who tested positive in urinalysis for:
67%
60%
38%
1%
y
An
i
lil i c
ug
r
td
C
ne
i
a
oc
ar
M
na
a
ij u
Am
es
n
i
m
ta
e
ph
am
t
e
ph
am
h
et
M
1%
1%
s
e
in
O
es
t
a
pi
* arrested for: thefts, robberies, assaults, homicides and rapes.
Source: FPC, I-ADAM in Chile, 2005
ADAPTATION AND APPLICATION
OF THE DRUG TREATMENT COURTS
IN CHILE
Implementation: Stages of the process
Research
Awarennes and training
Adaptation-pilot proyect
Expansion and gaining institutional support
Carring out
Monitoring and evaluation
Interinstitutional Project coordinated by:
The Drug control Office
The Prossecutor Office
Fundación Paz Ciudadana
Implemetation: Stages of the process
 Research: in 2003/04 FPC considers the feasibility of
introducing DTC in Chile and analyses the legal
framework; first international contacts and publications
were made.
 Raising awareness : in 2004 and 2006 international
experts visited Chile and in 2005 a Chilean delegation
participated at the NADCP Conference.
 Model adaptation - pilot projects: Valparaíso (2004),
South Santiago (2005), Downtown and North Santiago
(2006).
Implemetation: Stages of the process
Stages of the process (cont.):
 Expansion/ gaining institutional support: national
working group on DTC (2006); special quota at
treatment programs, public funding to support the pilot
projects.
 Operation: Local initiatives since 2004; that have
become official Government pilot projects since 2007.
 Follow up and evaluation: gathering data and looking
at the process.
In wich stage of the legal process do the DTCs
operate?
 The contact with Justice could be an opportunity to provide
treatment to offenders with drug problems.
 There have to be different alternatives in all thE stages of the
criminal justice process in order to give a response to offenders with
different needs.
DETENTION
LEGAL
PROCEDURE
PRISION SYSTEM
DRUG TREATMENT COURTS
POST PRISION
SYSTEM
Legal Context: Conditional suspension of the
procedure
 Conditional suspension of the procedure
- It´s allowed for offenders without any previous criminal records
and risking penalties below 3 years of prision.
- The measure allows regular hearings, in which the conditions
might be modified.
- The judge cannot impose periods of incarceration.
- If the participant commits another crime or violates the conditions
the measure can be revoked.
- If it is fulfilled, the original charges are dismissed.
Gaining institutional support
 The institutions involved in the program sign a statement of
support:
1.
2.
3.
4.
5.
6.
Supreme Court.
Ministry of Justice.
National Drug Control Office.
Prosecuttor Office.
Defendant Attorneys National Office.
Fundación Paz Ciudadana.
 These institutions participate in a interinstitutional workshop that
cares for the expansion and look for terms agreements to
promove the DTC´s in Chile.
Coordination of the National DTC Project
A small operative group cares for the implemetation process
and gives support for the programs. It is composed by:
Conace (National Drug Control Office): Gives finantial
support for treatment and for court liason proffesionals. Cares
about treatment and clinical screenning process.
Prossecutor Office: Coordinates the legal aspects of the
project. Hire the court liason and ccordinated each program
by the coordinators in every local program.
Coordination of the National DTC Proyect
(cont) A little operative group cares for the implemetation
process and gives support for the programs. It is composed
by:
Fundación Paz Ciudadana: Make awareness with projects
that are starting. Gives technical support, train judges,
prosecutors and defendant attorneys. Supervise the
impmentation process. Makes process and impact evaluations
and ensure that the project grows with fidelity to the DTC
approach and their key.
Minimum elements to instal a DTC
¿Who?
Judge, prossecutor,
defendant attorney, court liason.
¿With whom?
Tratment providers and
Social proteccytion services.
¿When?
Prehearing meetings
and hearings blocks
•
•
•
•
¿How?
Mission of the program.
Clear ellegibilty criteria.
Goals.
Procedures.
DTC Team
Judge
Court Liason
Tecnical
assitance
Conace
Prosecutor
Defender
Attorney
Technical
assistance FPC
Treatment
Providers
Coordinator
Procedures
Legal evaluation
Unsuitable
Continue the regular process
Suitable
First Drug Assessment
(Suspiction of drug abuse)
+ Drug abuse
Reports
2nd Drug Assessment Confirmation of Drug abuse
Confirm
Pre-court
meetings to discuss the cases
Finish of the cause
/Charges dismissed
- Drug abuse
Graduation
First Hearing
Descart
Judge decree the CSP
and establishes the work plan
Follow up hearings
DTC Programs
 There are DTC programas in 2 cities:
1. Valparaíso: DTC in 1 court.
2. Santiago downtown: DTC in 6 courts.
3. Santiago south: DTC in in 4 courts.
 2008 proyects:
1.
2.
3.
4.
Iquique: DTC in 1 court.
Antofagasta: DTC in 1 court.
Santiago west: DTC in 1 court.
Santiago east: DTC in 3 courts.
DTC Programs
Growth of DTC´s in Chile
2008
18
2007
12
2006
6
DTC
5
2005
2004
1
0
5
10
15
20
At the end of 2008 we will have 18 courts working under the DTC model
Results
Out of the program
Total: 155
New crime
19%
Expulsion
35%
100
90
80
75
Abandon
46%
70
60
50
41
40
30
26
20
13
10
0
In evaluation
In program
Out of the program
Graduates
CHALLENGES
Challenges
 The expansion has to be faithful with DTC approach.
 Current institutional support.
 Accountability al least of one institution.
 Exploring other legal tools to expand the program to more offenses.
 Counting with reinsertion programs and work offers for graduates.
Challenges
 Creating a DTC national public policy without forgetting the
differences between the communities.
 Making good evaluations in international standars.
 Having continuous training for the operators of the system.
 Share experiences with other countries.
Challenges
 The principal challenge is that the institutional goals do not interfere
with the expansion of the project.
 Criminal Justice System: Reduce recidivism.
 Health (treatment services): Promote mental health by attacking the
drug use.
¿How to create accountability in a project in which a
lot of institutions are involved?
 It is easier from the local level.
 Personal commitment of the operators of the system is very
important.
Showing the benefits of the DTC approach
for each institution
Government
Save costs
Criminal Justice System
NGO´s
Promotes
alternatives
To
incaceration
Reduce
recidivism
Home office
Prosecutor Office
Criminal Justice system
DTC
Criminal Justice System
NGO´s
Insert
innovation
into Criminal
Justice
System
Promote
public
savety
Decrease drug
use
National Drug Control Office
Health System
Home office
Prosecutor Office
BEING FAITHFUL WITH THE DTC
APPROACH
The expansion of the program has the problem of
converting it in a simple diversion to treatment.
What we know?
The sucsses of DTC is realated to the Key components,
speccially with the role of the judge
and the suppervision
Challenges related with the Key Components
 Working with a non-adversarial approach.
 Professionals specialized in DTC with work time assigned to the
program.
 Trust between treatment and justice.
 Incorporate the tools from the motivational interview to reduce the
rate of desertion.
 Improve coordination between treatment and court working with a
few of treatment providers.
 Incorporate drug screening.
 More training for judges.
FACING THE IDEOLOGICAL
PREJUDICES
Voluntary
DTC are a voluntary alternative, that allows entereing a treatment
program instead of the traditional proccess
Coersion: An institutional presure to enter into treatment.
Autodetermination theory: People under coersion could be affected in
their basic need of autonomy, that could interfere the interest and
participation in a treatment program.
¿What motivates people to entre into a
treatment program?
Voluntarity
Work
Family problems
Health problems
Legal problems
Couple problems
Aviod negative
consecuences
of drug use
Recrimination
Guilty
Anxiety
Voluntarity
Research
• The perception of coertion affects speccially people who do believe that they do not
have a drug problem.*
• The compulsory treatament can create the feeling of coertion, but it does not
necessary affect the motivation to tretament.**
• Reseach shows the same outcomes in decrease drug use in treatment under
coertion and tretament for general population out of the legal context.***
Mean EuropASI Drug Use
Score
Reductions in Drug Use
0,14
0,12
'Voluntary'
0,1
QCT
0,08
0,06
0,04
0,02
0
Intake
*Wild, T., Newton-Taylor, B., Alletto, R. (1998).
**Stevens, A. (2005).
6 months
12 months
18 months
DRUG TREATMENT COURTS.
THE SUCCESFUL CASE OF CHILE.
Catalina Droppelmann R.
[email protected]
Santiago, Chile