N.M. 8th Jud. Dist. Raton ADC Policy and Procedures (introduction)

Eighth

Judicial

District

Raton Adult

Drug Court

Policy & Procedures Manual

Revised February 2021

COLFAX COUNTY COURTHOUSE

1413 S 2nd Street RATON, NM 87740

Phone: 575-445-5585

Fax: 575-445-2828

E-mail: ratdleo@nmcourts.gov

Table of Contents

I. Description 3

II. Mission Statement 3

III. Participants Eligibility 3-4

A. Felony Drug Offenders 3

B. Excluding Felony Offenders 4

IV. Referral to Adult Drug Court 5-7

A. Referral Sources 5

B. Referral Packet Documentation 5

C. Referral Considerations 5

D. Referral Process 5

E. Treatment Team Screening Process 5

F. Intake Process 6-7

V. Team Members and Decision Making 7-10

A. Team Roles and Representatives 7

B. Voting Procedure 8

C. Weekly Staffing Meetings 8

D. Team Training 8

E. Policy and Procedure Meetings 8

F. Confidentiality 8-10

VI. General Program Requirements 10-24

A. Standard Requirements 10-11

B. Treatment Plans 11

C. Medications 12-13

D. RADC Drug Testing Guidelines 13-16

E. RADC BAC Guidelines 16-17

F. Attendance in Court 17-18

G. Absconder Status 18

H. Credit for Time in Residential Treatment 18-19

I. Compliance and Sanctions 19-22

J. Incentive 22-24

VII. Program Phase Requirements 25-31

A. Phase Overview 26

B. Phase I 26-27

C. Phase II 27-28

D. Phase III 28-29

E. Phase IV 30-31

F. Phase V 31-32

G. Commencement 32

VIII. Memorandum of Understanding 31-33

IX. Glossary of Terms 34-36

VII. COVID-19 Addendum 36

EIGHTH JUDICIAL DISTRICT COURT

RATON ADULT DRUG COURT PROGRAM

POLICY & PROCEDURES

Effective February 26, 2021

I. Description:

The Raton Adult Drug Court (“Drug Court” or RADC) provides community-based treatment

and intensive supervision to selected offenders who are identified as having substance abuse

issues and could benefit from substance abuse education, treatment, and intensive supervision.

RADC channels non-violent defendants charged with a felony offense, and Children, Youth

and Families Department (CYFD) referrals, into a comprehensive program of substance abuse

and family treatment, case management, supervision and rehabilitation.

II. Mission Statement:

The RADC program is a drug and alcohol treatment program administered and supervised by

the Eighth Judicial District Court in partnership with professionals from the criminal justice

communities and mental health and drug/alcohol treatment communities. Drug Court’s

treatment is consistent with best national practices as recommended by the National

Association of Drug Court Professionals and adopted for Treatment Courts in New Mexico.

The mission of Adult Drug Court is to provide an alternative to traditional sanctions through

comprehensive mental health and substance abuse treatment in conjunction with intensive

court and community-based supervision to individuals who have committed non-violent

criminal offenses as a direct or indirect result of substance abuse. Adult Drug Court offers

highly structured long-term treatment that ensures public safety by mitigating immediate risk

factors. Adult Drug Court’s primary goals are to reduce recidivism by addressing the long-term needs of the participants and to support participants in becoming sober, productive and

contributing members of the community.

III. Participants Eligibility:

A. Include felony offenders who:

1. Have been arrested or convicted of drug offense(s) or drug related crimes having to do

with alcohol or other drug as defined in the New Mexico Criminal Code;

2. Have non-drug related offenses that were committed while under the influence, or

committed to support addiction or dependency; or are substantially related to the use

or abuse of alcohol or drugs;

3. Committed distribution or trafficking of illegal substances to support participant’s

dependency or addiction to alcohol or drugs;

4. Have violated probation by the commission of a drug offense, drug related crime or

drug use;

5. Have substantiated child abuse and/or neglect finding where alcohol or other drug use

is a factor;

6. Have a severe alcohol or other drug abuse problem, which has put their children at risk

of child abuse and/or neglect that could result in removal upon the filing of a petition;

7. On a case-by-case basis, participants who have been charged with a misdemeanor

3rd DWI will be assessed and reviewed by the Drug Court team for acceptance.

8. Are in current need of substance abuse education, substance abuse outpatient

counseling, case management, surveillance and substance abuse monitoring;

9. Need monitoring through random urinalysis and/or breathe analysis;

10. Are identified, screened and approved by the RADC team for participation. Participants

are accepted/denied on a case-by-case basis.

11. An offender may be re-referred at any time if the offender has successfully completed

the Drug Court program if the offender needs services. If the offender has been

unsuccessfully terminated from the Drug Court program, the offender may be re -

referred after successfully completing a residential treatment program. If the offender

has not completed a residential treatment program, he or she may be re-referred after

at least six months from the date of the termination from the Drug Court program.

12. A participant who transfers from another New Mexico Adult Drug Court

program will be considered for acceptance to RADC. After the participant’s

successful completion of 24 weeks in RADC, credit for participant’s time in another

program will be considered based on a review of 1) the participant’s progress in

RADC, 2) the other program’s policy and procedures, and 3) the participant’s

progress in the prior program.

B. Raton Adult Drug Court excludes felony offenders where:

1. The criminal charges against a defendant pertain to crime(s) resulting in death;

2. The criminal charges against the defendant involve an offense(s) that resulted in the

actual infliction of great bodily harm and/or great mental anxiety on the victim(s);

3. The defendant is pending charges or on supervised probation for a crime that involves

allegations of use of a firearm and subject to a firearm enhancement at sentencing;

Exceptions can be made, on a case-by-case basis, at the discret ion of the District Court

judge.

IV. Referral to Raton Adult Drug Court:

A. Offenders may be referred to the RADC by the:

1. Prosecuting Attorney,

2. Defense Attorney,

3. District Court judge,

4. Magistrate Court judge,

5. Adult Probation/Parole Department,

6. Children, Youth and Families Department,

7. DWI County Compliance,

8. Local treatment provider.

B. A referral packet should include:

1. Referral form approved by RADC program, which includes a statement from the

referral source as to why they are referring the individual to Drug Court,

2. Copy of police report regarding the participant’s arrest,

3. A copy of the Conditions of Release, Judgment and Sentence, Order of Conditional

Discharge, Order of Probation Violation, Plea Agreement pending imposition of

Sentence, or the executed Pre-Prosecution Diversion Contract.

4. Any pre-sentence reports and assessment reports available to the Court, and

5. Any and all information provided from CYFD, if applicable.

C. A referral should include the following consideration: at the time of acceptance to the

RADC program, the potential participant should have enough court-imposed supervision

remaining during which to complete the RADC program; exceptions will be considered on

a case-by-case basis.

D. A referral packet will be submitted to the treatment team for processing. Upon receipt of

the referral packet, the treatment team will schedule a meeting with the potential

participant. The meeting will involve participant screening, as well as initial interviews.

E. Treatment Team Screening Process:

1. The Contractor will screen all referrals to the program.

2. No cost will be incurred by potential participants for the screening process.

3. The Contractor will obtain all relevant medical information, if applicable.

4. Potential participants shall submit a list of all medications being taken, whether

prescription or otherwise. Potential participants who are currently prescribed narcotic

or stimulant medi cations shall be referred for a medication consultation with their

prescribing physician upon acceptance into the program, to ensure they are provided

non-narcotic, non-stimulant medication.

5. The Contractor conducts the screening of the potential RADC participant using

evidence based best practice tools, such as the RANT, ASAM criteria, and completes

a written report of the results.

6. After the assessment process is completed, the potential RADC participant will be

instructed to meet with the Contractor the following Thursday to learn the status of

their acceptance into the Drug Court.

7. Once the screening is completed, the Contractor will present the written report to the

RADC team for review and to determine if the potential participant is accepted into the

RADC program. If additional information is necessary to make an acceptance decision,

the Contractor will contact the referral source and gain the necessary information for

an acceptance decision to be made the following week.

F. Intake Process:

1. Once accepted, the participant will complete the following steps for intake into the

RADC program:

a) Participant will be contacted by the Contractor, and an appointment will be

scheduled to complete intake forms and the orientation process with the Contractor.

b) Participant will sign a Drug Court contract agreeing to all program requirements

and conditions. Each condition will be explained in detail by the Drug Court staff.

Participant will then initial each condition, which will signify his /her

understanding and acceptance of each condition, outlined.

c) Participant will receive a copy of the Participant Handbook.

d) Participant will be assi gned a color to be identified by when they call the UA

hotline.

e) Participant will submit a UA and DNA sample, which will be sent to the lab.

f) Participant will meet any staff members who are available at the time of their Intake

appointment.

g) Participant will be photographed.

2. The first treatment phase begins immediately after intake is completed if participant

has not already begun voluntary participation.

V. Team Members and Decision Making

A. The Eighth Judicial District Raton Adult Drug Court program is led by the District Court

judge who provides direction in program policy, chairs the weekly team meeting, and

presides over all RADC program judicial matters. The judge encourages full participation

of all RADC team members and allows collaboration in decision-making. The judge is the

ultimate authority for sanctions and incentives and may overr ule team recommendations.

The judge is the final authority on acceptance into the program, determining phase level

advancements, and termination from the program.

The RADC team acts as a multi-disciplinary case management team with respect to the

participants’ involvement in the Drug Court program. The RADC team forms a critical

partnership, which includes the judge, criminal justice agencies, and the treatment provider

who collaborate to share expertise and facilitate each participant’s rehabilitation.

The RADC team is comprised of the following members:

1. District Drug Court judge

2. Drug Court Program Manager

3. Treatment Provider

4. Law Enforcement Representative

5. District Attorney’s Office Representative

6. Law Offices of the Public Defender Representative

7. Adult Probation and Parole Office

8. Community Member(s)

9. Detention Center representative

B. When the judge calls for a vote, each member will have one vote. Once decisions are

made and approved by the judge, the RADC and treatment teams agree to carry the team

decision forward, presenting one unified message to participants. Furthermore, the Drug

Court judge and team serve as program advocates, representing the program in the

community, with federal, state, and local governments, criminal justice agencies, and

other public forums.

C. Weekly team meetings (sometimes called “ staffing”) are conducted prior to eac h court

session to review each participant’s progress. The treatment team will provide activity

reports to the RADC team along with recommendations on each participant’s phase

progression, sanctions and incentives.

1. New referrals will be presented at the beginning of staffing.

2. Treatment plans will be discussed once per month in staffing, or as needed, as

treatment plans are modified.

3. RADC team members must agree to and sign the Confidentiality Agreement and

attest that all participant information is confidential and shall not be disclosed to

anyone outside the team.

4. Team members offer comments, opinions, and suggestions regarding each

participant’s progress, attitu de, and behavior to assist the j udge in decisions

regarding that participant.

5. Following staffing, the Program Specialist will prepare weekly minutes. The

minutes should reflect the voting results.

6. If Court is cancel ed due to holidays or coverage, weekly progress notes and

recommendations will be made for the week of credit which should have been

reviewed and presented to the judge for approval.

D. New Drug Court team members shall receive formal orientation and training administered

by previously trained Drug Court team members within 60 days of joining the team. Formal

training can be supplemented with online webinar, Drug Court trainings and conferences.

E. The RADC team will meet in a policy and procedure meeting on a yearly or as-needed

basis to make general decisions about the RADC program. Team members may submit

agenda items to the Raton Drug Court Program Manager, and proposed changes to policy

will be discussed. Notice will be given to all team members of the time and place of such

meeting at least one week in advance.

F. Confidentiality