N.M. 8th Jud. Dist. Taos ADC Policy and Procedures 14

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

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

decision forward, presenting one unified message to clients. 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 each court

session to review each client. The treatment team will provide activity reports to the TADC

team along with recommendations on each client’s phase pro gression, 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. TADC team members must agree to and sign the Confidentiality Agreement and

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

anyone outside the team.

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

client’s progress, attitude, and behavior to assist the judge in decisions regarding

that client.

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 TADC team will meet in a policy and procedure meeti ng on a yearly or as-needed

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

agenda items to the Taos 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

1. All Drug Court team agencies agree to permit open communication and

information sharing about Drug Court participants among and between

employees directly assigned to Drug Court. Client information will be shared

with team members on a ‘need-to-know’ basis as it pertains to their treatment

plan by treatment staff.

2. All team members assigned to Drug Court and their respective agencies agree

that all information exchanged about Drug Court participants, except what is

said in open court, will be kept confidential.

3. Exceptions to confidentially include:

 medical emergencies;

 crimes committed on the program premises or against program staff;

 mandatory reports of suspected abuse or neglect of a child;

 receipt of a valid court order to produce information;

 compliance with state laws concerning the collection of information

relating to causes of death; or

 compliance with duty-to-warn requirements

4. Researchers approved by the Drug Court team and the judge having the final

decision may be allowed access to program data for research purposes as long

as the identity of the Drug Court participants is protected.

5. Individuals outside the Drug Court team who request to observe staffing

meetings must sign an agreement to abide by the confidentiality provisions of

the law. Participation of outside persons is subject to approval or disapproval

of the judge.

6. In the event participants are videotaped, all identifying information will be

edited unless the individual gives written consent to be identified as a Drug

Court participant.

7. Photographs of participants will not be displayed or released to the public

without written consent.

8. All Drug Court participant files are secured at all times in a locked room or

locked container.

9. Electronic Drug Court participant files will have a secured password available

only to Drug Court team members.

10. The Drug Court team will adhere to all federal and state confidentiality laws

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 TADC on a weekly basis in

order to receive credit for the week. The TADC week starts on Friday at 6:00p.m.

and runs through 5:59pm on Friday. All requirements based on a client’s

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

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

performance. Client’s attitude, behaviors, and work in treatment are all factors that can

be considered.

3. Client 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 TADC team member will explain the rationale for any decisions.

4. Clients 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 TADC program, will

subject a client to progr am sanctions but can 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 TADC team.

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

lab for confirmation. If the lab confirms the positive result, a sanction will be imposed;

whether the client admits or denies use can determine the sanction severity.

7. Clients 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 TADC. Clients shall seek the recommendation of the Drug Court

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

recommendation, the Client will need to have their travel permit approved by APPO.

Travel permit recommendations 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 client will meet with the Treatment team within the first week of intake for program

orientation and introductions. The cl ient will also meet the TADC team within three

(3) weeks of intake into the program, and thereafter may meet with the TADC team at

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

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

10. In the event a client is charged with a new offense, their retention in the Taos Adult

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

11. Relationships, associations or interactions with individuals who may be detrimental to

a client’s recovery/success in the TADC program are discouraged and will be addressed

therapeutically. “No Contact” orders may be requested by APPO if said

relationships/associations may violate a condition of probation.

12. Client demographics, contact informat ion, and ‘Releases of Information’ will be

reviewed and updated at the beginning of each phase. Clients 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

client, in conjunction with the client, 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 client will be reassessed

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

3. The clients will be required to see the Drug Court therap ists, and may continue to see

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

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

necessary for successful treatment of addictive behaviors. Therefore, clients diagnosed

with mental health conditions should comply with all treatment recommendations

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

5. Aftercare Plan will be developed for each client 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 participa tion 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 client’s participation in the

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

treatment team for photocopying.

2. Clients 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 client will not receive credit while he or she is taking the narcotic

medication(s).

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

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

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

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

the clients may not receive credit during the time they are taking their prescribed

narcotic, the client 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 TADC team. The TADC 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 client’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 TADC.

6. Clients 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:

 Clients will receive an informational packet which includes the TADC

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 client 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 clients to coordinate care.

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

7. Clients 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 client’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 clients are on stimulant medication prescribed by their physician, the Drug Court

treatment team will review participants on a case-by-case basis to determine whether

the client will test positive for such medication. The TADC t reatment team will also

determine whether a recommendation should be made to the provider if the client

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 Taos

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, clients must have fulfilled the following requirements and

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

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

the au thorized Medical Marijuana Prescription; client has completed psychological

evaluation; client has signed all pertinent Releases of Information Forms (Primary Care

Physicians, Psychiatrist, Mental health care provider); client has been given a copy of

the Contractor Counseling’s Medical Marijuana usage policy during treatment; client

has been assigned a primary counselor and is participating in individual Therapy; client

has been enrolled in Intensive Outpatient Treatment Program and understands he/she

must complete nine (9) hours or more of treatment a week; client has been enrolled in

Random Drug Testing; Client signed Contractor Counseling’s “Client Orientation

Rules and Regulations” form; client has signed the “Appearing Under the Influence

Policy.

10. Clients 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. TADC Drug Testing Guidelines

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

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

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 CLIENT 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 client 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 client:

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

since their last urine specimen was collected and document it.

b) Ask the client 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 client wash their hands with cold water under direct observation prior to

giving urine specimen.

g) Ask the client to hold the specimen cup using only three fingers. Client/collector

must never lose sight of cup until results have been read/verified and/or specimen

is properly labeled with Security Label, Specimen ID Label, and secured in

Specimen Bag.

h) Clients 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 client 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 client pour sample into a new

cup, using the same urine specimen.

m) If a client 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 adulterated 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 client upon entrance into the program

will sign a behavioral contract for tampered UAs. If a client 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 client date an d

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 refrige rator 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, val id, 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 client/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 client’s urinalysis results on the collection cup/Panel are indicating positive for

use or drink and/or adulterated; ask the client about results in a therapeutic fashion.

However, do not argue with the client, if they continue to deny the results despite

prodding, package as above for lab, telling the client that any decisions around these

results will be pending return results from lab.

v) Notify appropriate staff.

E. TADC BAC Guidelines

1. The following guidelines establish the proper procedure for TADC 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 client 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 client 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. TADC 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 clients 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 clients must attend court on the first Tuesday of each month, unless otherwise

notified by the TADC.

2. Commencement celebrations will typically be held on the first Tuesday of each month,

unless otherwise notified by the TADC.

3. Client will appe ar for Drug Court as required by their phase level or individual

requirements.

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

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

approval by the Court.

5. Clients shall be discouraged from bringing their dependent children to court sessions,

except for commencement celebrations. In the event of an emergency, clients should

contact the treatment team and request permission to have their depe ndent children

attend court with the client.

6. For clients 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. Clients 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 client’s arrest.

2. The TADC team will make a final determination regarding a client’s status twenty-one

(21) days after the date the Bench Warrant is issued or when the TADC team feels it is

appropriate prior to the 21 days.

3. If a client 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 TADC program, he or she will not be eligible to receive credit for his

or her time in the residential treatment program.

2. When a TADC client (a clie nt who has participated in TADC 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

TADC 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 client returns to the TADC program from treatment, the client 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 require ments, failure to engage in 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 TADC program.

2. Sanction(s) will be recomme nded 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 TADC team meetings and s anctions will be imposed immediately after they are

approved by the judge. If behavior is High or Very High, and for client’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

client’s progress and any approved sanctions will be imposed within 24 hours of

approval.

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

use.

5. Clients 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. Client will receive a Notice of Drug Court

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

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

c) The client 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 client 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 client ‘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

clients have been excused from the courtroom to ensure the client’s

confidentiality is maintained.

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

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

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

by the Court, additional sanctions, including loss of credit, may 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 c lients 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 client will be considered for termination from the TADC

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

J. Incentives:

Incentives:

1. Clients 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 TADC 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 client 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 client 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 client will not have to

start back at 1.

3. Clients 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 TADC team.

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

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

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

5. Additionally, the TADC 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.

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

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

 Client 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 requi red

repetition of a phase.

VII. Program Phase Requirements:

A. The TADC 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 client manual.

b) Weekly contact with TADC 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 client 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).

i) A weekly writ ten 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 client by the treatment team.

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

approved by the TADC team.

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

necessary.

4. Clients will progress to Phase II after the following 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 transportation and

address finances).

f) Gender Specific Group

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

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

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 client by the treatment team.

3. Requirements per month will include:

a) Bi-weekly contact with TADC 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 TADC team.

5. Clients 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 client objects because

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

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 pr ovided. 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 client by the treatment team.

3. Requirements per month will include:

a) Bi-weekly contact with TADC judge.

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

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

approved by the TADC team.

4. Clients 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 client objects because

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

team. Verification must be provided.

d) A weekly written report will be completed, and prese nted 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 client 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 TADC judge.

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

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

approved by the TADC team.

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

4. Clients 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 client objects because

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

team. Verification must be provided.

d) A weekly written report will be completed, and prese nted 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 ca regivers’, 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 client 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 TADC judge.

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

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

approved by the TADC team.

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

G. Commencement Requirements

1. Clients will be able to successfully complete TADC 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 client shall meet with the Drug Court Program Manager for an Exit Interview, no

later than one week prior to commencement from the TADC Program.

3. Clients must complete MRT prior to completion of TADC. Upon completion of MRT,

clients are not required to attend MRT group, although they may participate as mentors.

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

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

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

TADC 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 client will be asked who they would

like to have in attendance at their commencement ceremony.

b. If a client remains on probation after completing Drug Court, the TADC 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 in dependence 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 boun daries” are the parameters that describe the limits of a relationship

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

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 betra yed, abandoned, poorly served, or retaliated against; the

Under-

Involved

Over-

Involved

Zone of

Helpfulness

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 participants, 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 believes 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 client 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 blo ws into the

device.

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

Program.

Client – A participant in the Drug Court Program.

Commencement – After a client 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 and

a medallion.

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 client meeting one-on-one with a treatment specialist.

Intensive Outpatient Treatment (IOP) – Program designed to address addiction 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 understand 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 client 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 client behavior.

Suboxone - Suboxone is the trade name for a medication 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 – Clients who are caught using someone else’s urine or using any substances to ma sk

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

the TADC team during their next TADC 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 TADC program.

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

requirements or saved.

Treatment Specialist – A licens ed 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 Client’s urine

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

provider (currently TCCS), Adult Probation staff or CYFD and will utilized the cutoff standards

established by the Millennium Lab.

Urine Analysis (UA) Missed- Client 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 provider. 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 Client’s urine sample has

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

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

being at the treatment provider ( TCCS) 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. Taos 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 Taos Adult Drug Court.

The screening questions and policy the client 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 client 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. Clients 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 client’s isolation. During this time, the client will not earn credit, but the

client must show substantial effort to attend all other requirements.