THE ROLE OF COMMUNITY SUPERVISION IN DRUG AND DWI COURTS

THE ROLE OF COMMUNITY SUPERVISION IN DRUG AND

DWI COURTS

HELEN HARBERTS

[email protected]

Who does community supervision?

Based on the jurisdictional reality, and the program design, there are a variety of agencies which can perform the function, either alone, or in conjunction with others.

Common Supervision Agencies

Probation Parole Police, sheriff Pre-trial Court marshals Community supervision officers And expanded to reach everyone

with a badge and time to help.

Best Practices?

Use every resource you have available to you to enhance community supervision. Join forces under a central case manager and extend your reach!

How Is Community Supervision Different in Drug Court?

For some, it may not be. For most, it provides the essence of “good old fashioned probation”.

The model uses the strengths of each discipline on the team.

It uses graduated incentives and sanctions, closely connected to the difficulty or good conduct, to achieve change.-

It is like COPS or POPS policing

Why do community supervision?

Public safety: otherwise these folks might be in custody.

Identify and address barriers to success in the home and work environment.

Extend the eyes and ears of the treatment team into the community.

Note that addiction and criminality do not work government hours. We need to push toward 24/7 supervision.

The target population demands community supervision!

As research evolves, we are focusing on higher end participants and getting into the field, with close monitoring of desired, and undesired behavior + proximal and distal behaviors is CRUCIAL

The responses to DWI offenders MUST be different than run of the mill drug court folks.

Who is High Risk?*Assessment driven decision!

Quickie list of likely candidates:• Age during treatment < 25 years• Drug use onset < 14 years• Criminal onset < 16 years• Prior treatment failures • History of violence• Anti-Social Personality Disorder (APD)• Psychopathy (APD + NPD) ****• Familial history of crime• Criminal associations• Drug dependent

Marlowe’s Risk Need Matrix

High Risk/High Needs

Low Risk/High Needs

High Risk/Low Needs Low Risk/Low Needs

HIGH LOWRISK

High

LOW

NEEDS

See prior slide: these are the problem solving court folks!

High accountability

High treatment needs

See these folks rarely on a status calendar if there is a problem.

This is mostly prevention, early intervention work (bank caseload)

Abstinence is proximal

Use tools to promote rapid compliance.

High accountability

These are probation folks

Treatment

Minimal supervision

Drug Dependence or Addiction1. Binge pattern2. Cravings or compulsions3. Withdrawal symptoms

Drug Abuse or Misuse

Collateral needsDual diagnosisHomelessness, chronic unemployment Chronic medical condition (e.g., HIV+, HCV, diabetes)

} Abstinence is a distal goal

Abstinence is a proximal goal}

Regimen complianc

e is proximal

Addicts versus Abusers…Proximal and Distal Goals are not the same!

Field Supervision is critical

Office work is important, but it is not a substitute for field visits, home visits, search and testing in the field.

NPC Research has demonstrated via research that field service matter, and directly impact cost savings and outcomes.

“ I can tell more about a client’s needs in 5 minutes at their house than in a 90 minute session at my office” (Deputy Probation Officer)

Catch them doing something right! Report it to the team immediately for incentives.

Drug Courts are aboutDrug Treatment and Recovery

Assess the Recovery Environment

obtain baseline information which will allow you to measure progress and identify patterns of relapse.

*ASAM recovery environment

Can they work your program?

Are their lives in chaos? Are there things you need to know? Are they following the Court’s

orders? Is there anything that treatment

providers and the Court need to know about the recovery environment?

Is the home safe? How do you know?

• Self report?• How often are probing questions asked?• Do you use motivational interviewing to

get details?• Do they feel “safe” telling you?• Do they even know there is a problem?• Do you believe they understand the

concept of a “recovery environment”?

Basic needs MUST be addressed

You cannot work treatment and recovery if you are not getting basic needs met.

If you do not have them met, they become the proximal goal in Court.

Drug Courts are about public safety

Are there public safety issues that exceed the client alone?

Dependent adults? Dependent children? Family violence? Methamphetamine labs?

Drug Courts are about finding and rewarding good news and

success

Is this only about “gotcha”?

NO! The most important goal is to catch them doing something right!

Improved dimensions of recovery

Increased organization Better problem solving House lighter, cleaner Fewer “fuzzy” dishes Evidence of structure Reduced chaos Treatment and medication

compliance

Remember!

Field services protect the public AND they protect the participant They enhance refusal skills They help keep “creepy people” at

bay And they proved crucial information

to treatment, and support the treatment professional’s work.

Field Services

The team needs to reach pre-determined responses to discovered violations.• A “bright line” policy for some matters.• A discretionary policy for others.- Swift communication of actions taken to

facilitate both court responses and treatment responses to observed conduct in the field.

Field Services

Frequent. Random. Announced and unannounced. Invited.

Timing of Field Visits and Field Testing There is nothing better to promote

accountability for the entire team and the client than a probation officer showing up with a test cup unexpected at any reasonable hour. Field services SUPPORT recovery effort under way.

Timing Non governmental hours…they

know when you work…and when you don’t!

“Celebration syndrome” & “last test before report” syndrome.

Timing Specialized curfews. Area limitations after certain times. Tied to specific “triggers” for each

client (e.g.: pay day, family events, tragedy in a family, holidays, loss of job, happy events).

Where should you go? Home Family members

homes Associates

hangouts and homes

School

Work Bar checks Community and

general positive and pro-social activities

Catch them doing right!

Safety Issues Unsavory associates, former associates, or

family members may be inside the residence. You cannot assume officer safety EVER. For all you know, a recent parolee with outstanding warrants has dropped by, or there is a crime in progress inside (sales, manufacturing, domestic violence).

Home visits

Reach out and show your clients that you’re thinking of them!

Safety Issues

Try to know who may be in the house during office interviews and announced visits. Observe house layout, or if there are nasty dogs.

Teaming up

Sworn and unsworn officers. Teaming with other law

enforcement. Treatment providers visiting with

you. (Announced and invited visits only).

Client Interaction Enlist the family, friends, and significant other

parties as part of the recovery process. Always behave in a professional manner,

conducting respectful home visits and searches. No “tossing”. Discuss the ground rules for behavior before going in if you have additional officers with you who are not familiar with the process. It is your client, and your search. You call it.

Considerations

Uniforms and marked cars? Low profile gear? Body armor? Balance of safety with consideration for

offender’s home and children.

Information Gathering/ Continued Assessment

This is an opportunity to assess baseline conditions, and measure change.

You can identify existing or emerging barriers to success. You can work a solution to the barrier into your case plan.


Field service allows you to assess safety of the home for the occupants.

You can note issues which need to be addressed by the treatment team.


It is critical to praise, identify positive work and report good news even faster than negative news.

Part of your goal is to catch participants doing right! You may provide them the incentive to just make it “one more day”.

Home Visit vs. Search Know what you can, and cannot legally do in

your jurisdiction. Be aware of high risk situations. Your command presence should control the

situation. Prepare ahead. Establish the lead officer before you approach

the search site. Your judgment must control how you respond within the search site.

What to look for…

The recovery environment…and if it is changing from bad to good…or good to bad.

Sudden changes… Evidence of life skill problems “SAFE” environment is a

subjective concept.

How about those cell phones? AM Nov 18 6:23pm Theyre randomly yesting me tnite AM Nov 18 6:25pm IM in grop AM Nov 18 6:27pm Plese bring to basement bathroom AM Nov 18 6:27pm Plzzzzzzzzzzzzz S Nov 18 6:29pm Ok AM Nov 18 6:29pmHit me up when ur down there ill walk out AM Nov 18 6:30pm How long bro AM Nov 18 6:30pm Ok S Nov 18 6:30pm Like 20 AM Nov 18 6:34pm Im in the bathroom in the basement plz hurry im

trippin out S Nov 18 6:35pm Leavin hollies rite now AM Nov 18 6:36pm Shit whats ur eta from there S Nov 18 6:37pm 15 S Nov 18 6:38pm Shuld I wait in basement bathroom AM Nov 18 6:38pm Plz tell me u gotta vial to pissi in S Nov 18 6:38pm Ya AM Nov 18 6:42pm Put the vial of piss in bathrroom trashcan AM Nov 18 6:42pm I gotta go bak to geoup9 hit me up when its dun S Nov 18 6:54pm Its in the trash AM Nov 18 6:54pm thanks S Nov 18 6:56pm Careful the top doesn't seal good

How about those cell phones and computers?

Internet cache Sales receipts for internet purchases

of inappropriate products. Facebook, Google+, photos in cache

often tell a different story than we hear in court.

Facebook monitoring Facebook helps catch another dumb criminal Police in Burlington, Vt., arrested Ryan Jarvis, 25, on a

charge of retail theft. And the only evidence they really had was that Jarvis' fiancee was showing off a $3,199 engagement ring in her Facebook photos. Several of Amber Lafountain's friends — well, three, but it's Vermont — recognized it as the ring that had been stolen from the local Zales, reports the Burlington Free Press. Police say Jarvis saw the ring while shopping, considered financing options . . . then just ran out of the store with it. "He advised he knew it was a stupid thing to do," Officer Jesse Stewart said. Almost as stupid as posting photos of stolen merchandise on Facebook.

By April, convicted robber James Tindell clearly was fed up with attending drug treatment, making his monthly court appearances and checking in regularly with his probation officer – conditions he'd accepted to avoid a lengthy prison sentence.

So, on his Facebook page and on the pages of his friends – many of whom he met through court – he began posting nasty messages to the Multnomah County judge who sentenced him and writing taunts to his probation officer.

"Fresh out of another state," he wrote April 20, "Catch me if you can."

Seven days later, he signed an expletive-filled rant about the criminal justice system: "the 1 who got away."

Tindell's probation officer, Todd Roberts, was intent on proving Tindell

wrong. Got him via Facebook.

How about those cell phones?

SF B Chic Nov 18 3:29pm R u getting anything in la?

SF B Chic Nov 18 3:35pm Can we go in on the deal. If I got 4 would u get 2 so we could do the 540

SF B Chich Nov 18 3:45pm Toats

(drug deal on cell phone while in group)

Are there other problems? Signs of use Signs of tampering Signs of problems with relationships Signs of new occupants Signs of bad associates they need

help with. Case management threats that

require different approaches. Things they forgot to mention…

Search for signs of other criminality or deception.

Signs of LLPOF

And people you didn’t know about……

Unsafe or unsavory associates have to go.

Officer safety is paramount.

People, places and things that undermine recovery have to go.

Sometimes you need a sharp eye and some

training to look at a home.

What’s this?

Actually, it is methamphetamine oil.

Trained eyes see what???

What do you see?

Drug Hiding Places

Your imagination is the limit !! Plain sight viewing of relapse threats.

(scales, pipes, alcohol). “Hide in plain sight”.

Drug Hiding Places Constructed hiding places, in cars, freezers,

walls, furniture, under carpets, behind fixtures, inside electronics.

How do you learn? Ask other clients where they hid their drugs!

Have another officer search a room after you have searched. Sometimes fresh eyes see things you missed.

Be careful of needle sticks, and sanitation issues. Always use universal precautions.

Linkages for monitoring client behavior

Police/Probation contacts.• Family member’s progress.• Contacts with client’s address.• Coordination of case plans and drug

testing.• Extend the hours of supervision, and

enforce curfews and area restrictions.

Children’s Services

Perinatal services. Family member progress if in system. Coordinate case plans and drug testing

for all involved family members.

Treatment

Coordinate treatment plans with supervision plans.

Report on drug testing. Report observations, new associations,

romances, life challenges, potential relapse issues.

Coordinate releases of information.

Schools

Track progress of kids in school. Track attendance.

Schools Bring special family services to the child.

(Imagine waking up from a drug induced fog and finding out you have kids or teenagers out of control and you have no parenting skills left).

Identify positive and negative behaviors and associates.

Stresses with family members create relapse cravings.

Volunteers, Community Based Organizations, Faith Community

Phone calls, mentoring, specialized needs can all be created within your community.

Volunteers can do curfew verification calls.

Referrals and Sequenced Case Management.

Basic needs: safe shelter, food, clothes, transportation.

Parenting. Educational. Medical. Pro-social Activities.

Engage the family or a reliable support system

Learn about adolescent brain development and behavior-emotional growth tolls from the time of addiction forward.

Adjust your directives and case plan to meet the capabilities of your participant. Clear, short directions work best.


For youthful offenders, the family is a crucial piece which much be included, except in the “toxic parent” situation.


For all clients, Identify and address an inappropriate home environment-domestic violence in home, associates or roommates who keep drugs around, sexual assault, unsafe conditions.


Plan ahead for what you are going to do about gang membership, sometimes three generations deep. For some, that IS family.

The team will need to assist with the development of a support system for the client which may include family, or assist with the creation of a new clean and sober community for the participant in recovery.

Keep your focus on the goal

Clean, sober, stable, performing up to their potential with the skills to avoid, or survive relapse, and pursue a life within the community.

Your activities as a community supervision officer should be all framed around the concept of a balanced approach which protects public safety through this “smart on crime” approach.

Do you matter?

You bet! Being in the field, getting out there,

makes a huge difference! It helps save money It helps improve outcomes It protects public safety It helps people who need help

Law enforcement matters for cost savings, program outcomes, accountability and public safety

NPC Research

NPC Research: 2012 Drug Courts that had a law enforcement

representative on the Drug Court team had 88% greater reductions in recidivism than programs that did not.

Programs that include a law enforcement representative on the team describe that role as crucial for two main reasons:

Law enforcement often has more frequent contact with Drug Court participants on the street and in home settings than Drug Court personnel and therefore provide good insight into what is happening to participants in their lives outside of court and treatment.

Including law enforcement creates a two-way process where law enforcement representatives not only contribute an important perspective to the Drug Court, but also return information to law enforcement organizations, which promotes a better understanding of the value of Drug Court.

Does your work matter?

Absolutely.

THE ROLE OF COMMUNITY SUPERVISION IN DRUG AND DWI COURTS

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