N.M. 8th Jud. Dist. Raton ADC Policy and Procedures 10

applying to personal health information and substance abuse treatment

information including 42 C.F.R. Part 2 and the Health Insurance Portability

and Accountability Act (HIPAA).

VI. General Program Requirements

A. Standard requirements for all phases:

1. Participants must complete all phase requirements for RADC on a weekly basis in

order to receive credit for the week. The RADC week starts on Friday at 5:00p.m.

and runs through 4:59pm on Friday. All requirements based on a participant’s

treatment/case management plan will also be monitored during each phase.

2. Credit for each week’s activities will be based on the participant’s weekly participation

and performance. Participant’s attitude, behaviors, and work in treatment are all factors

that can be considered.

3. Participant will be advised of the final decision of prior week’s credit status at his/her

scheduled Drug Court appearance o r next treatment session. The j udge or another

designated RADC team member will explain the rationale for any decisions.

4. Participants must remain free of illegal drugs and alcohol during their time in Drug

Court. Positive or missed UA’s and/or Breathalyzer, at any phase in the RADC

program, will subject a participant to program sanctions but ca n never be the basis of

an independent prosecution.

5. Possession, consumption or purchase of alcohol, marijuana without a prescription, drug

paraphernalia, or illegal substances is strictly prohibited. Upon credible information,

sanction(s) shall be imposed at the discretion of the RADC team.

6. When a participant has a positive drug/alcohol test, the participant’s specimen will be

sent to the lab for confirmation. If the lab confirms the positive result, a sanction will

be imposed; whether the participant admits or denies use can determine the sanction

severity.

7. Participants must follow all conditions of probation and meet with probation officers

as directed by APPO. In addition, travel permits can only be granted by Probation

Officers, not the RADC. Participants shall seek the recommendation of the Drug Court

Treatment Team prior to requesting a travel permit from APPO; upon receiving the

recommendation, the Participant will need to have their travel permit approved by

APPO. Travel permit recommenda tions will be based upon program compliance and

behavior at time of request. APPO will notify Drug Court if the travel permit was

granted.

8. A participant will meet with the Treatment team within the first week of intake for

program orientation and introductions. The participant will also meet the RADC team

within three (3) weeks of intake into the program, and thereafter may meet with the

RADC team at any time at the request of the RADC team, or treatment team.

9. Throughout the phases, participants must plan for economic independence.

10. In the event a participant is charged with a new offense, their retention in the Raton

Adult Drug Court program will be determined on a case-by-case basis. The Participant

will be advised to speak to their attorney before discussing any details pertaining to

their new charges with members of the drug court team or as part of group sessions.