N.M. 8th Jud. Dist. Raton ADC Policy and Procedures 12

reviewed and updated at the beginning of each phase. Participants must notify Case

Manager of contact information changes any time during a phase.

B. Treatment Plans

1. Individual treatment plans will be designed by the Contractor after assessment of the

participant, in conjunction with the participant, within the first 30 days of intake.

Treatment and case management plans will include individualized treatment, case

management and supervision activities, and their corresponding time frames.

2. After initial assessments and treatment plans are created, the participant will be

reassessed every 90 days or as Level of Care (LOC) changes based on individual

circumstances.

3. The participants will be required to see the Drug Court therapists, and may continue to

see their private therapists in addition to their required session with drug court. The

RADC program recognizes that treatment for co-occurring mental health conditions is

necessary for successful treatment of addictive behaviors. Therefore, participants

diagnosed with mental health conditions should comply with all treatment

recommendations including medication, if prescribed, as part of their treatment plan.

Participants are required to sign a release of information so Drug Court treatment staff

can communicate with his or her psychiatrist and/or mental health therapist in order to

ensure collaboration of care. Failure to comply may result in sanctions or termination.

4. Pre- and post-assessment evaluations will be administered to all participants.

5. Aftercare Plan will be developed for each participant based on his or her individual

needs. Aftercare will be strongly encouraged for a minimum of 3 months and up to one

year and may include weekly individual/family counseling, continued participation in

community support groups, monthly case management, and more frequent drug testing

at the discretion of APPO/CYFD. As an incentive for complying with the aftercare

recommendations, when appropriate the treatment team will recommend to APPO an

early release from Supervision. APPO can then file the appropriate paperwork with the

Court based on the treatment recommendation.

C. Medications

1. Should medication(s) be taken and/or prescribed during participant’s participation in

the program, the new prescription(s) or medication(s) labels must be brought into the

treatment team for photocopying.

2. Participants who are prescribed medication for pain may only take a non-narcotic

medication during participation in the program. If such medication is needed for

short-term pain management, this must be reviewed by the Drug Court treatment

team. The participant will not receive credit while he or she is taking the narcotic

medication(s).

3. In case of accident or injury, if a participant is administered or prescribed a narcotic

analgesic for short-term pain relief, the participant will authorize his/her doctor to

communicate the expected duration of administration of the narcotic(s). The

participant will not receive credit while he or she is taking the narcotic medication(s).

Although the participants may not receive credit during the time they are taking their

prescribed narcotic, the participant may receive a token for complying with all other

requirements of the program.

4. For long term pain management issues, the Drug Court Treatment team will review

the doctor’s authorization and duration of treatment. The participant’s status in Drug

Court will be reviewed by the RADC team. The RADC team will then also review

whether the participant will or will not receive credit on a weekly basis and make a

recommendation to the judge.

5. The participant’s Patient Monitoring Portal (PMP) will be run on a monthly basis,

by the Contractor, to ensure no prescriptions have been prescribed by physicians, and

not reported to RADC.

6. Participants who meet medical necessity and are prescribed Suboxone shall comply

with the treatment team monitoring and safety requirements, which will include

utilizing a lockbox. Further:

 Participants will receive an informational packet which includes the RADC

requirements for MAT storage, weekly verification requirements which include

the photocopying of prescription lots as a weekly part of case management,

along with literature from the Dept. of Health regarding Suboxone and MAT.

 The participant will sign a reciprocal release of information between the

prescribing physician/psychiatrist and the treatment team.

 The Drug Court treatment team will consult regularly with the prescribing

physician/psychiatrist regarding our mutual participants to coordinate care.

 Participants who divert Suboxone will be subject to a sanction.

7. Participants who test positive for Benzodiazepines or other prohibited substances,

including alcohol, shall not receive credit and may be subject to sanction(s). It is

always the participant’s responsibility to report prescribed, over-the-counter, herbal,

and/or alternative medications or substances ingested which may lead to a positive lab

screen, and be grounds for sanctions.

8. If participants are on stimulant medication prescribed by their physician, the Drug

Court treatment team will review part icipants on a case-by-case basis to determine

whether the participant will test positive for such medication. The RADC treatment

team will also determine whether a recommendation should be made to the provider

if the participant should instead get on a non-narcotic stimulant in order to participate

in Drug Court.

9. Marijuana is an intoxicating and addictive drug that poses serious risks. The Raton

Adult Drug Court Program DOES NOT endorse the usage of marijuana and will

work with participants to find safe, acceptable alternatives to the use of prescribed

medical marijuana. In accordance with NADCP’s position, exceptions may be made,

on a case-by-case basis, with evidence of medical necessity provided by a licensed

physician with documented expertise in addiction psychiatry or addiction medicine.

Prior to earning credit, participants must have fulfilled the following requirements and

checked all boxes in the "Medical Marijuana Participant Checklist" provided by the

Contractor that include but are not limited to: participant has provided proof and a copy

of the authorized Medical Marijuana Prescription; participant has completed

psychological evaluation; participant has signed all pertinent Releases of Information

Forms (Primary Care Physicians, Psychiatrist, Mental health care provider); participant

has been given a copy of the Contractor Counseling’s Medical Marijuana usage policy

during treatment; participant has been assigned a primary counselor and is participating

in individual Therapy; participant has been enrolled in Intensive Outpatient Treatment

Program and understands he/she must complete nine (9) hours or more of treatment a

week; participant has been enrolled in Random Drug Testing; Participant signed

Contractor Counseling’s “ Participant Orientation Rules and Regulations” form;

participant has signed the “Appearing Under the Influence Policy.

10. Participants who show any signs of misuse or abuse of medications, prescription or

over-the-counter, will be addressed clinically and permission to contact their primary

care provider may be requested to ensure coordination of care.

D. RADC Drug Testing Guidelines

1. Urinalysis (UA) Drug Screenings are an essential part of the RADC Program. Each

phase requires a minimum number of weekly UA screenings per participant.

2. The following Guidelines establish the proper procedure for treatment staff to follow

to ensure proper specimens are submitted for screening:

a) Keep specimen cups in sealed pouches until use;

b) NO PARTICIPANT ACCESS is allowed to specimen cups or UA fridge;

c) Specimen Cups will be stored at a temperature between 2 – 30 C;

d) Do not use specimen cups past expiration date;

e) Always wear gloves throughout entire procedure;

f) All UAs are to be observed with same sex/gender (see Supervisor);

g) Always use “mid-stream” samples.

3. When a participant is notified, they must come to Drug Court to submit a UA the

following Guidelines are to be used when collecting a UA sample from the participant:

a) Before collecting the specimen, ask the participant if they have used any drugs or

alcohol since their last urine specimen was collected and document it.

b) Ask the participant to remove any unnecessary outer clothing and empty pockets.

c) All other personal belongings are to remain with coats and other outer clothing, and

are to be secured in a locked space.

d) Make sure the collection area is free of anything that could be used to adulterate or

substitute a urine sample.

e) Be sure to put on clean latex, nitrile, gloves, etc.

f) Have the participant wash their hands with cold water under direct observation prior

to giving urine specimen.

g) Ask the participant to hold the specimen cup using only three fingers.

Participant/collector must never lose sight of cup until results have been

read/verified and/or s pecimen is properly labeled with Security Label, Specimen

ID Label, and secured in Specimen Bag.

h) Participants must provide at least 1/3 cup (45 ml) of urine at a temperature between

90°F (32.2°C) and 100°F (37.7°C).

i) Have participant place cap back tightly on the cup. NO CROSS THREADING!

j) Collector should only handle specimen when results are to be read and/or upon

packaging to the lab.

k) You can read the test after 5 minutes.

l) If the control line is not present on the Panel(s), have participant pour sample into

a new cup, using the same urine specimen.

m) If a participant is unable to provide a urine drug screen at the time the urine screen

is requested, they must wait in the office until they are able to provide a screen.

They may be allowed to drink up to 40 ounces of fluids, distributed reasonably

through a period of up to three hours, or until the individual has provided a

sufficient urine specimen, whichever occurs first.

n) Signs that a urine specimen has been tampered with include an unusual appearance

(e.g. bubbly, cloudy, clear, and dark). Signs that it has been adul terated include a

urine pH out of the 4.5 – 9.5 range, Creatinine >20 mg/dL, Nitrite <200 ug/mL, or

Specific Gravity out of the 1.003 – 1.035 range. If questionable; can utilize the

Specimen Validity Test (S.V.T.) as per given instructions.

Substituting or altering specimen or trying in any way to modify body fluids for

the purposes of changing the drug testing results will be considered as a positive

test for drugs/alcohol, will result in sanctioning, and may be grounds for

immediate termination from drug court. The participant upon entrance into the

program will sign a behavioral contract for tampered UAs. If a participant

provides a dilute sample for the first time, the judge will address this issue in open

court. The second time it may require a sanction.

o) Fill out the Drug Court Urine Drug Screen Result Form, and have participant date

and sign, and collector date and sign.

p) If the urine is illicit and/or being sent to the lab; follow all labeling and packaging

directions as indicated by Millennium Health (Security Label, Specimen ID Label,

and secured in Specimen Bag). Place in UA refrigerator for next shipment.

Specimens to be sent out 2 X weekly via UPS.

q) If + and/or being sent to the lab, indicate on the Drug Court Urine Drug Screen

Result Form; the Specimen ID #, the results for illicit chemicals, if as per Rx (Rx

must be on file, valid, current, etc.), and the date, time, and amount of last used

(chemicals/ETOH) if indeed admitting.

r) If sample is being sent to the lab, the participant/collector are not to lose sight of

said sample until Security Seal is placed over the sample and Specimen ID label is

placed.

s) A “faint line” is a line, therefore negative.

t) Allow proper personnel to log results into Data Base.

u) If a participant’s urin alysis results on the collection cup/Panel are indicating

positive for use or drink and/or adulterated; ask the participant about results in a

therapeutic fashion. However, do not argue with the participant, if they continue to

deny the results despite prodding, package as above for lab, telling the participant

that any decisions around these results will be pending return results from lab.

v) Notify appropriate staff.

E. RADC BAC Guidelines

1. The following guidelines establish the proper procedure for RADC staff to follow to

ensure proper specimens are submitted for screening:

a. Insert a new mouthpiece firmly into the ‘Breath Pipe In’ hole on the left side of

the product. Ensure no contamination from collector to mouthpiece. Insert a new

mouthpiece before each test.

b. Wait 20 minutes after participant smokes, eats or drinks before testing. Failure to

wait 20 minutes can give wrong BAC readings and damage the sensor.

c. Press and hold the ON/OFF power button for 1 second until you hear a BEEP.

The unit reads “Initializing…” as it prepares for use.

d. The screen displays “Test” and “Options”. To start a “Test”, press the Enter

button. The unit displays “Blow Now”. Advice the participant to ‘Take a deep

breath, wrap your lips around the new mouthpiece and blow steadily for five (5)

seconds.’ The unit beeps when the test subject starts blowing and “knocks” after

obtaining the sample. Do not cover the BREATH OUT hole.

e. After the unit begins ‘knocking’, the unit displays “Processing” while analyzing

the sample. After about three (3) seconds, the unit then displays the estimated

BAC. The unit shows the test result for 90 seconds before beeping twice and

shutting off.

f. To turn off the unit, press and hold the ON/OFF power button for 1 second.

2. Reading the Results

a. The displayed result is an estimate of the test subject’s BAC. A breath alcohol

tester cannot determine the exact BAC in the blood of the test subject. Correlation

between BrAC and BAC depends on many factors, such as the temperature and

health conditions. Therefore, only use this device as a tool to screen for the

presence of alcohol. RADC considers a 0.02% or greater a positive test for

alcohol in “zero tolerance” screening.

b. Based upon the BAC test result, a urine drug screen may be required for lab

confirmation, as the BAC unit is only a screening tool and requires lab

confirmation.

3. Error Message Cause and Course of Action for BAC Testing

a. Insufficient Breath Sample; The user failed to provide a sufficient breath sample.

Repeat test and have user blow firmly and steadily for the entire test.

b. Low Battery; install two (2) AA alkaline batteries.

4. Precautions to Take When Using the BAC Device

a. After drinking, smoking, and eating, users should wait 20 minutes before testing.

b. Avoid conducting testing in strong winds, in a closed room with a heavy amount

of smoke, or where alcohol is present.

c. When the battery low symbol appears, replace the AA batteries.

d. Do not allow participants to blow cigarette smoke, food, or liquid into the unit.

e. Only use the unit in a temperature range of 10-40°C or 50-104°F. Operation

above or below this range may affect the results.

f. BAC changes over time depending on many factors. BAC at one time can differ

from BAC a few minutes later.

g. Do not use this product while inside a vehicle.

h. It is very important to have the instrument calibrated as recommended in this

owner’s manual. Failure to do so may result in readings that are inaccurate.

F. Attendance in Court

1. All participants must attend court on the first Wednesday of each month, unless

otherwise notified by the RADC.

2. Commencement celebra tions will typically be held on the first Wednesday of each

month, unless otherwise notified by the RADC.

3. Participant will appear for Drug Court as required by their phase level or individual

requirements.

4. A Bench Warrant may be issued within 24 hours for participant(s) who fail to attend

their mandatory Drug Court appearance and do not have a verifiable excuse or prior

approval by the Court.

5. Participants shall be discouraged from bringing their dependent children to court

sessions, except fo r commencement celebrations. In the event of an emergency,

participants should contact the treatment team and request permission to have their

dependent children attend court with the participant.

6. For participants who miss court due to serving a jail sanction during their required court

session, credit will be granted on a case-by-case basis, as approved by the Drug Court

judge, based on their ability to complete all other weekly requirements upon release.

7. Cell phones must be turned off in the courtroom.

G. Absconder Status

1. Participants who have missed two (2) consecutive UA’s and have failed to report to the

Drug Court Office shall be on absconder status. A Bench Warrant will be issued at that

time for the participant’s arrest.

2. The RADC team will make a final determination regarding a participant’s status

twenty-one (21) days after the date the Bench Warrant is issued or when the RADC

team feels it is appropriate prior to the 21 days.

3. If a participant is terminated, the Adult Drug Court Contractor shall contact the Adult

Probation/Parole Department and/or CYFD staff for follow-up legal action.

H. Credit for Time in Residential Treatment

1. If a participant is court-ordered and sent to a residential treatment program before

he/she starts the RADC program, he or she will not be eligible to receive credit for his

or her time in the residential treatment program.

2. When a RADC participant (a participant who has participated in RADC immediately

prior to attending a residential treatment program) successfully completes the

residential treatment program, he or she must earn two (2) consecutive weeks of credit

before the RADC team will consider giving him/her any credit for his or her time in

treatment. The following schedule shall apply:

In treatment for 1-2 months: Two (2) weeks credit

In treatment 3-4 months: Four (4) weeks credit

In treatment 5-6 months: Six (6) weeks credit

In treatment over 6 months: Eight (8) weeks credit

3. When a participant returns to the RADC program from treatment, the participant will

return to the phase and week he or she was in when he or she left for treatment.

I. Compliance and Sanctions:

1. The following range of possible sanctions may be given for a positive UA, missed UA

or breathalyzer, positive UA or scram unit reading from APPO or other agencies, a

tamper of urinalysis with confirmation provided to the treatment and/or Drug Court

team, failure to adhere with program requirements, failure to engage i n treatment, or

continued dishonesty.

Range of Sanctions include but are not limited to:

 No credit for the week,

 Reprimand by the judge,

 Meeting with the judge and/or the Drug Court Team,

 Assigned Community service (as defined in the Glossary),

 Increased Probation/Surveillance visits,

 Written essays to be read during Court,

 Increased UA’s,

 Use of GPS/ Scram Unit,

 Detention,

 Other individualized sanction,

 Termination for the RADC program.

2. Sanction(s) will be recommended according to the following matrix. Sanction(s) will

follow as closely as possible to the behavior. Low level behaviors can be addressed

immediately by treatment team. Moderate to very high behaviors will be discussed at

weekly RADC team meetings and sanctions will be imposed immediately after they are

approved by the j udge. If behavior is High or Very High, and for participant’s safety,

requires immediate attention, treatment staff will notify Program Manager of

recommendation and the Program Manager will follow up with the judge and notify Team

of decision at the next staffing.

3. If Drug Court is cancelled du e to holidays or coverage, the j udge will be briefed on

participant’s progress and any approved sanctions will be imp osed within 24 hours of

approval.

4. Sanctions may be substantially more severe when a participant denies their drug or

alcohol use.

5. Participants who have violated drug court requirements and face a jail sanction will

be able to exercise their due process rights as follows through the outlined process:

a) The Program Specialist will prepare the notice of Drug Court Violation for the

judge to review and sign. Participant will receive a Notice of Drug Court

Violation, which will include the proposed period of jail time or termination

b) The participant will review the Notice of Drug Court Violation

c) The participant will select one of the following:

i. ‘Admit the violation, accept the proposed sanction, and waive my right to a

hearing’;

ii. ‘Admit the violation and request a hearing on the proposed sanction’; or

iii. ‘Deny of the violation of the violation and request a hearing’.

d) If the participant admits and accepts the sanction, it can immediately be

imposed, or necessary arrangements can be made to serve the sanction around

their employment and family responsibilities.

e) If the participant ‘admits but requests a hearing’ or ‘denies and requests a

hearing’, the hearing will be held at the drug court session immediately

following the violation. The hearing will take place at the end of Drug Court,

after all other participants have been excused from the courtroom to ensure the

participant’s confidentiality is maintained.

5. Community service will be to an approved location, and other assig nment(s) given as

a sanction must be completed within a time frame ordered by the Court. If the

Participant has not completed the community service or other sanction(s) within the

time allowed by the Court, additional sanctions, including loss of credit, m ay be

imposed.

6. Therapeutic interventions may be used as appropriate, in conjunction with incentives

and sanctions.

7. Sanctions, up to and including termination, may also be imposed for participants who

continually miss program requirements such as: AA/NA, weekly reports, therapy

sessions, case management appointments, acupuncture, surveillance, meetings, and/or

any other requirements assigned.

9. Sanctions will be imposed for falsifying AA/NA or Community Service verification

forms.

10. Rude or disrespectful behavior towards any of the Treatment or Drug Court team

members is prohibited and may result in sanction(s).

11. To the extent possible, when a participant will be considered for termination from the

RADC program, they will have the option to meet with the Drug Court Team.

J. Incentives:

Incentives:

1. Participants who demonstrate positive attitudes and behavior and progress well in the

programs will be eligible to receive incentives that may include, but are not limited to:

 applause in court sessions

 affirmation and congratulations by the judge

 certificates of achievement

 reduced supervision (at the discretion of the RADC judge)

 sobriety recognition chips

 drawing from the fishbowl

 placement on the ‘Rocket Docket’

 birthday recognition

2. At the completion of 24 consecutive negative UA’s, the participant receives an

additional week’s credit with the following exceptions:

a. Only 3 drug screens submitted within a drug court week will count towards the 24

UA credit, in the event more than 3 drug screens are required.

b. When a participant is prescribed a medication that will show as a positive drug

screen, they will not receive credit, but the positive drug screen for the prescription

medication will not count against the 24 UA credit, and the participant will not have

to start back at 1.

3. Participants who successfully complete a GED or high school equivalency program,

vocational or college accredited course are eligible to receive extra credit at the

discretion of the RADC team.

4. Each week in court, any participant in attendance, who has earned credit for the week

is eligible to draw a prize from the fishbowl. Participants who are late to court, if they

earned credit, will not be allowed to draw from the fishbowl.

5. Additionally, the RADC Token Incentive Program provides on-going rewards to mark

progress and is administered as follows:

a. When Tokens Will Be Earned:

 At the completion of Phase I.

 At the completion of Phase II.

 At the completion of Phase III.

 At the completion of Phase IV.

 After attending the first 12 meetings of gender-specific group.

 Completion of MRT.

 Additional tokens may be drawn from the fishbowl.

 Completion of IOP.

b. Ability to use Tokens:

 Tokens cannot be used for missed or positive UA’s

 Tokens cannot be used to miss Drug Court appearances.

 Ability to earn tokens will not be retroactive.

 Participant must wait until he or she is in Phase II to use tokens.

 Participant may use only one (1) token per week.

 Participant must notify Case Manager of their intention of using their token

24 hours in advance, to be excused from the determined activity. Approval

must be received before excusal is granted.

 Any token earned can only be earned once, regardless of any required

repetition of a phase.

VII. Program Phase Requirements:

A. The RADC is made up of five treatment phases. The treatment phases follow a sequential

pattern, i.e., participants must complete/pass Phase I to progress to Phase II, Phase III,

Phase IV, Phase V and commencement.

B. Phase I (Acute Stabilization)

1. The focus during Phase I is being honest, on drug education, supervision, frequent drug

testing, and both social skills and reality training.

2. Requirements per week (at a minimum) will include:

a) Two (2) contacts with case manager. Contacts will follow the protocols as defined

in the participant manual.

b) Weekly contact with RADC judge.

c) Minimum of three (3) UAs and/or Breathalyzer.

d) One (1) or more individual counseling session(s)

e) Mandatory weekly MRT group sessions until successful completion of MRT. MRT

is defined in the glossary and explained to the participant by the treatment team.

f) Gender Specific Group session.

g) Acupuncture as instructed by case manager according to availability.

h) Life skills session (address housing and transportation) as needed.

i) A weekly written report will be completed, and presented in Drug Court at the

discretion of the judge.

j) Meeting with Probation Officer or CYFD as required.

k) IOP group sessions until successful completion of 36 IOP sessions. IOP is defined

in the glossary and explained to the participant by the treatment team.

l) Any other treatment requirements recommended by the treatment team and

approved by the RADC team.

3. Surveillance Visits- one (1) scheduled visit per month and additional random visits as

necessary.

4. Participants will progress to Phase II after the f ollowing items have been completed

and the team approves phase change.

 Minimum 60 days since intake

 Minimum of 2 weeks of full compliance (no sanctions) prior to phase change

 Minimum 14 days COURT sober time

 Engaged in Treatment

 Engaged in Life Skills

 Submitted Phase Up Application for team’s approval a week in advance for

team to review

C. Phase II (Clinical Stabilization)

1. The focus in Phase II is on relapse prevention and economic independence.

2. Requirements per week (at a minimum) will include:

a) Two (2) contacts with case manager.

b) A minimum of two (2) UA’s and/or Breathalyzer.

c) One (1) individual counseling session.

d) One (1) MRT group until completion.

e) Life Skills session (maintain housing, continue to address transportat ion and

address finances).

f) Gender Specific Group

g) Minimum attendance at two weekly AA/NA meetings or, if participant objects

because of spiritual or any other valid reason, an other support group approved by

the RADC team. Verification must be provided.

h) A minimum of 20 hours per week of employment, job search or enrollment in an

educational plan (at least 12 credit hours) or 20 hours of community service per

week. Credit for ‘primary caregivers’, as defined in the glossary, may count toward

the work requirement. Verification must be provided. Exceptions may be made on

a case-by-case basis.

i) A weekly written report will be completed, and presented in Drug Court at the

discretion of the judge.

j) IOP group sessions until successful completion of 36 IOP sessions. IOP is defined

in the glossary and explained to the participant by the treatment team.

3. Requirements per month will include:

a) Bi-weekly contact with RADC judge.

b) Meeting with Probation Officer or CYFD, as required.

c) Surveillance Visits- one (1) scheduled and possibly an additional random visit.

4. Other requirements per week may include:

a) Acupuncture treatment as identified in updated treatment plan.

b) Any other treatment requirements recommended by the treatment team and

approved by the RADC team.

5. Participants will progress to Phase III after the following items have been completed

and the team approves phase change.

 Minimum 90 days in Phase II

 Minimum of 3 weeks of full compliance (no sanctions) prior to phase change

 Minimum 30 days COURT sober time

 Engaged in Treatment

 Engaged in Life Skills

 Identification of a sponsor or mentor

 Submitted Phase Up Application for team’s approval a week in advance for team

to review

D. Phase III (Pro-Social Habilitation)

1. The focus in Phase III is on maintenance of recovery, compliance with treatment and

supervision and begin sober support network.

2. Requirements per week (at a minimum) will include:

a) One (1) contact with case manager.

b) A minimum of two (2) UA’s and/or Breathalyzer.

c) One (1) individual counseling session.

d) One (1) MRT group until completion.

e) Surveillance Visits- one (1) scheduled and possibly an additional random visit.

f) Minimum attendance at two weekly AA/NA meetings or, if participant objects

because of spiritual or any other valid reason, other support group approved by the

RADC team. Verification must be provided.

g) Gender Specific Group

h) A minimum of 20 hours per week of employment or enrolled in an educational plan

(at least 12 credit hours) or 20 hours of community service per week. Credit for

‘primary caregivers’, as defined in the glossary, may count toward the work

requirement. Verification must be provided. Exceptions may be made on a case-by-case basis.

i) A weekly written report will be completed, and presented in Drug Court at the

discretion of the judge.

j) IOP group sessions until successful completion of 36 IOP sessions. IOP is defined

in the glossary and explained to the participant by the treatment team.

3. Requirements per month will include:

a) Bi-weekly contact with RADC judge.

b) Meeting with Probation Officer or CYFD, as required.

c) Any other treatment requirements recommended by the treatment team and

approved by the RADC team.

4. Participants will progress to Phase IV after the following items have been completed

and the team approves phase change.

 Minimum 90 days in Phase 3

 Minimum of 4 weeks of full compliance (no sanctions) prior to phase change

 Minimum 60 days COURT sober time

 Engaged in Treatment

 Engaged in Life Skills

 Submitted Phase Up Application for team’s approval a week in advance for

team to review

E. Phase IV (Adaptive Habilitation)

1. The focus in Phase IV is on personal development and maintenance of recovery.

2. Requirements per week (at a minimum) will include:

a) A minimum of two (2) UA’s and/or Breathalyzer.

b) One (1) MRT group until completion.

c) Minimum attendance at two weekly AA/NA meetings or, if participant objects

because of spiritual or any other valid reason, other support group approved by the

RADC team. Verification must be provided.

d) A weekly written report will be completed, and presented in Drug Court at the

discretion of the judge.

e) Gender Specific Group

f) A minimum of 20 hours per week of employment or enrollment in an educational

plan (at least 12 credit hours) or 20 hours of community service per week. Credit

for ‘primary caregivers’, as defined in the glossary, may count toward the work

requirement. Verification must be provided. Exceptions may be made on a case-by-case basis.

g) IOP group sessions until successful completion of 36 IOP sessions. IOP is defined

in the glossary and explained to the participant by the treatment team.

3. Requirements per month will include:

a) Two (2) case management sessions.

b) Two (2) individual counseling sessions.

c) Bi-weekly contact with RADC judge.

d) Meeting with Probation Officer or CYFD, as required.

e) Any other treatment requirements recommended by the treatment team and

approved by the RADC team.

f) Subject to one (1) random Surveillance Visit.

4. Participants will progress to Phase V after the following items have been completed

and the team approves phase change.

 Minimum 90 days in Phase 4

 Minimum of 4 weeks of full compliance (no sanctions) prior to phase change

 Minimum 60 days COURT sober time

 Engaged in Treatment

 Engaged in Life Skills

 Submitted Phase Up Application for team’s approval a week in advance for

team to review

F. Phase V (Continuing Care)

1. The focus in Phase V is on continuing care and maintenance of pro-social activity.

2. Requirements per week (at a minimum) will include:

a) Random UA’s and/or Breathalyzer.

b) One (1) MRT group until completion.

c) Minimum attendance at two weekly AA/NA meetings or, if participant objects

because of spiritual or any other valid reason, other support group approved by the

RADC team. Verification must be provided.

d) A weekly written report will be completed, and presented in Drug Court at the

discretion of the judge.

e) Gender Specific Group

f) A minimum of 20 hours per week of employment or enrollment in an educational

plan (at least 12 credit hours) or 20 hours of community service per week. Credit

for ‘primary caregivers’, as defined in the glossary, may count toward the work

requirement. Verification must be provided. Exceptions may be made on a case-by-case basis.

g) IOP group sessions until successful completion of 36 IOP sessions. IOP is defined

in the glossary and explained to the participant by the treatment team.

3. Requirements per month will include:

a) Two (2) case management sessions.

b) Two (2) individual counseling sessions.

c) Bi-weekly contact with RADC judge.

d) Meeting with Probation Officer or CYFD, as required.

e) Any other treatment requirements recommended by the treatment team and

approved by the RADC team.

f) Subject to one (1) random Surveillance Visit.

G. Commencement Requirements

1. Participants will be able to successfully complete RADC once they have:

 Minimum 90 days in Phase V

 Minimum of 4 weeks of full compliance (no sanctions) prior to phase change

 Minimum 90 days COURT sober time

 Completed Treatment Assignments

 Completed Aftercare and relapse prevention plan

 Currently working, in School, or volunteering 20 hours per week

 Submitted Graduation Application and Goodbye letter for team’s approval a

week in advance for team to review

2. The participant shall meet with the Drug Court Program Manager for an Exit Interview,

no later than one week prior to commencement from the RADC Program.

3. Participants must complete MRT prior to completion of RADC. Upon completion of

MRT, participants are not required to attend MRT group, although they may participate

as mentors.

4. RADC shall provide a written aftercare plan to the Adult Probation Office or CYFD

recommending any continued need for counseling, additional drug testing, or RADC

services.

5. A formal commencement ceremony will be conducted on the first Tuesday of each

month, after all five (V) phases are successfully complete d, unless re-scheduled by

RADC judge due to unavailability or a holiday. Participants are to continue with Phase

V or aftercare requirements as directed until the commencement ceremony is held.

a. With the assistance of the treatment team, the participant will be asked who they

would like to have in attendance at their commencement ceremony.

b. If a participant remains on probation after completing Drug Court, the RADC team

can recommend early discharge to the Probation Office.

VIII. Memorandum of Understanding

Adult Drug Court team members have a unique role with the Drug Court Participants wherein

team members are required to establish a working relationship and rapport with participants while

maintaining strict professional boundaries in order to uphold the independence and integrity of

both the program and the court. The ability to maintain professional boundaries is critical to ensure

ethical, sustainable, and effective programs. Team members are required to make judgments

regarding boundaries on a daily basis. Some of these decisions may have consequences that affect

the team members, the participants, the drug court program, and/or the court. This MOU is

intended to provide standards and guidelines to Drug Court team members.

The term “professional boundaries” are the parameters that describe the limits of a relati onship

that allow for safe, working relationships between team members and participants. Boundary

crossings are departures from usual professional practice that are not exploitative. On occasion, a

boundary may be consciously crossed with the intention of assisting a participant – for example,

disclosing to a participant who has recently been diagnosed with cancer that a family member had

also been diagnosed with the same type of cancer. At other times, boundary crossing, though not

exploitative nonetheless crosses the line – for example, disclosing to a participant who is going

through a divorce personal details about one’s own marital problems. Bounding crossing may

unintentionally lead to a boundary violation. Boundary violations are transgressions that can harm

a participant and/or compromise a successful outcome to their treatment, a court case, or

completion of a program.

Continuum of Professional Behavior

Zone of

Helpfulness

Under- Over-

Involved Involved

The zone of helpfulness is in the center of the professional behavior continuum. This zone is where

the majority of participant interactions should occur for effectiveness and participant safety. Over-

involvement includes boundary crossings and boundary violations. Under-involvement can

include disinterest, procrastination, and neglect.

Signs that boundary issues may be present include:

 Team members and participant begin referring to each other as friends;

 Team members receives or gives gifts to participants;

 A participant has asked for a team member’s personal phone number or other significant

personal information;

 The participant and team member socialize outside of a professional setting;

 Team members reveals excessive personal information to a participant;

 Team member is unable to sleep due to anxiety related to a participant’s situation;

 Team member offers to assist participant outside of his/her role (i.e., babysitting,

transportation, errands, etc.);

 Team members exceeds the scope of their defined work responsibilities; and

 Team members “vents” to participants.

It is the goal of Drug Court team members to remain within the zone of helpfulness at all times,

regardless of the circumstances. Appropriate team members involvement with a participant

includes:

 Providing supervision of program participants;

 Communicating and maintaining an open-line of communication with participants during

work hours;

 Ensuring attendance at program or court proceedings;

 Monitoring, tracking, and reporting progress of program participants;

 Assisting program participants with needs (i.e., inpatient treatment, insurance, aid,

services, public housing, etc.) in the confines of the office;

 Conducting field surveillance pursuant to an established schedule; and

 Administering breath and/or urine drug tests in compliance with testing protocols.

There are serious consequences of having loose or poor boundaries. Team members may become

exhausted; participants may feel betrayed, abandoned, poorly served, or retaliated against; the

reputation and confidence of a program and/or the court may be compromised; and team members

or participants may be emotionally traumatized and/or put in physical danger.

Professional Boundaries’ Guidelines

1. Team members may be friendly with participant s, but may not maintain a personal

friendship or relationship with participants.

2. Team members shall avoid the “rescuer” role. It is not appropriate for team members to

assume the role of caretaker, confidant, or personal life coach to participants.

3. Team members may not compliment a participant’s body and/or appearance.

4. Team members must avoid touching participants.

5. Team members may not engage in any sexual activity with participants.

6. Team members may not disclose personal, intimate details about his or herself.

7. Team members may not engage in social activities with participants outside the scope of

work.

8. Team members shall report and document in writing any known friendships or

relationships with participants, regardless of how insignificant he or she belie ves it may

be.

9. Team members shall not communicate with participants outside his or her assigned work

hours unless it is an incidental crossing of paths at a store, movie theatre, restaurant, event,

etc.

10. Team members shall not provide personal contact information to participants.

IX. Glossary of Terms

Absconder – A participant that has missed two (2) consecutive UA’s and has failed to report to

the Drug Court Program.

Acupuncture – A traditional Chinese technique of puncturing the body with fine needles to treat

disease or relieve pain.

Alcohol – Consumable non-prescription substances which contain alcohol, specifically including,

without limitation, spirits, wine, malt beverages and intoxicating liquors.

Alcoholics Anonymous (AA) – Help for people who think they have a problem with alcohol and

want to learn how to live sober lives. A fellowship of men and women who share their experience,

strength, and hope with each other that they may solve their common problem and help others to

recover from alcoholism.

Breathalyzer – A device that measures a person’s alcohol level after that person blows into the

device.

Case Manager – A person in charge of talking to participants and keeping track of their progress

in the Program.

Participant – A participant in the Drug Court Program.

Commencement – After a participant completes all phases of the program successfully and

completes all commencement requirements outlined in the policy, he or she will be entitled to

complete the program and have a ceremony whereby he or she is presented with a certificate of

completion.

Community Service – A service you provide to help in your community. You provide this service

free of charge but will get credit for your participation. This credit is used in the Drug Court

Program to satisfy a requirement you have been required to fulfill or sometimes can be used as

extra credit if approved by the Drug Court Team.

Drug – Any illicit substance (e.g. cocaine, heroin, methamphetamine, and hallucinogens), over-the-counter medications and herbal supplements not approved by the drug court Treatment Team

Individual Counseling - A participant meeting one-on-one with a treatment specialist.

Intensive Outpatient Treatment (IOP) – Program designed to address a ddiction and other

dependencies that do not require detoxification. Consists of 36 sessions. Each sessions consists of

3 hours.

Minimum – The lowest number, quantity or degree permitted.

Moral Reconation Therapy (MRT) – A group process to help people und erstand how their

distorted thinking has led to negative behavior.

Narcotics Anonymous (NA) – Help for people who think they have a problem with drugs and

want to learn how to live sober lives.

Peer Group – A group composed of people who share the same problems.

Prescription Medication – All substances prescribed by a doctor or other health professional

licensed with authority to prescribe such substances by the State of New Mexico or any other

governmental entity of the United States.

Primary Caregiver- A participant who is caring for pre-school aged child/children or dependent

adult.

Relapse – Can be defined as a discrete event which occurs when a person resumes drug and/or

alcohol use. Both a Positive UA and a UA stall are considered a relapse.

Sanctions – A measure imposed to ensure compliance; a consequence for negative participant

behavior.

Suboxone - Suboxone is the trade name for a medic ation that contains buprenorphine and

naloxone. A very similar medication, Subutex, contains buprenorphine without naloxone.

Suboxone is manufactured and sold by a British company, Reckitt-Benckiser and is indicated for

treatment of opiate dependence. The active substance, buprenorphine, has effects at the mu opiate.

Tamper – Participants who are caught using someone else’s urine or using any substances to mask

their urine may be placed in detention pending RADC team review. The case will be reviewed by

the RADC team during their next RADC team staffing to determine the severity of the case and

possible sanction(s). If there is a second incident of tampering, the participant will face severe

sanction(s) up to and including termination from the RADC program.

Token – A keepsake (an incentive) earned after different stages of the Program, to be used towards

requirements or saved.

Treatment Specialist – A licensed clinician who provides individual, family and group

counseling.

Urinalysis (UA) – Laboratory analysis of urine.

Urine Analysis (UA) Positive – When a multi-drug screen test detects signs a Participant’s urine

sample has a presence of drugs and/or alcohol; test results can only be obtained from the treatment

provider, Adult Probation staff or CYFD a nd will utilized the cutoff standards established by the

Millennium Lab.

Urine Analysis (UA) Missed - Participant does not appear to submit a urine sample on the day

he/she is scheduled to report, based on the random protocol utilized by the treatment prov ider. A

missed UA will result in the same sanction as a positive UA.

Urine Analysis (UA) Negative – When a multi-drug screen test shows a Participant’s urine sample

has no presence of drugs, unauthorized medications and/or alcohol.

Urine Analysis (UA) Stall – Participant is unable to produce a valid urine sample within 3 hours

of being at the treatment provider on the day he/she is scheduled to report, based on the random

protocol utilized by the treatment provider. A stalled UA will result in the same sanction as a

positive UA.

IX. Raton Adult Drug Court COVID-19 Addendum

A. This addendum is a living document and subject to change as the COVID-19 pandemic

evolves.

B. At the current time, the guidelines set by the New Mexico Supreme Court for COVID-19

testing, quarantine, and contact tracing will be utilized and abided by for the purposes of

the functioning of the Raton Adult Drug Court.

The screening questions and policy the participant returning to in person treatment

sessions with the provider will be updated according to the New Mexico Department of

Health.

Contact tracing must be utilized for all participant interactions. Contact tracing is a tool

that can help slow the spread of infectious diseases, such as coronavirus disease 2019

(COVID-19). In communities using contact tracing, clinics, labs, and hospitals send the

names of people who have recently been diagnosed with COVID-19 to their local health

department.

The New Mexico Department of Health asks each person with COVID-19 about people

with whom they have recently had close contact. Health department officials then quickly

(usually within 24 hours) alert people who are close contacts that they may have been

exposed to the COVID-19 virus. Officials do not share the name of the person who may

have exposed them. This makes the contact tracing process anonymous and confidential.

C. Participants who report symptoms or that have been exposed to COVID -19 are exempt

from reporting for UAs until they provide verification of having tested negative for

COVID-19 and/or provide a letter from the Department of Health of New Mexico where

they may discontinue the participant’s isolation. During this time, the participant will not

earn credit, but the participant must show substantial effort to attend all other requirements.