NM · rules
N.M. Sup. Ct. Order No. S-1-AO-2026-00018 (attachment) (introduction)
Order No. S-1-AO-2026-00018 Attachment – NM Treatment Court Standards 2026
NEW MEXICO COURTS CONTENTS
ADMINISTRATIVE OFFICE OF THE COURTS KC 1
NEW MEXICO DRUG TESTING
TREATMENT COURT
STANDARDS KC 7
Approved: KC 9
PREAMBLEPREAMBLE
All treatment court dockets operating under the authority of a New Mexico
court must only operate by order of the Supreme Court, and must comply with all
requests for data, processes established for recording and providing performance
measures, and initiatives to measure alignment with standards, rules or guidelines,
established by the Administrative Office of the Courts (AOC).1 All treatment courts
established and operating at any level of the New
Mexico Judicial System must comply with these standards and operate as treatment
courts consistent with the definition stated herein. Treatment courts may operate
under Tribal authority without adhering to these guidelines; however, they are invited
to participate in any professional development opportunities, quality engagement
initiatives, or other operational enhancements offered by the AOC Therapeutic Justice
Support Program (TJSP) and/or may reach out to AOC-TJSP staff with questions
regarding these standards.
The New Mexico Treatment Court Standards provide guidance to best practices
and are founded upon the 10 Key Components of Drug Courts and consistent
with the Adult Treatment Court Best Practice Standards, developed by All Rise
(formerly the National Association of Drug Court Professionals), as well as the
Family Treatment Court Best Practice Standards and Juvenile Drug Treatment
Court Guidelines.2 Some of the language in the NM Standards is drawn directly
from the national Standards. The core of the treatment court model is defined
by the 10 Key Components of Drug Courts, while the Adult Treatment Court
Best Practice Standards provide research based practices on how to implement
the treatment court model effectively. The 10 Key Components are applicable to
all treatment courts regardless of type (e.g., adult, young adult, behavioral
health, family, juvenile, DWI, veteran, etc.). We have adjusted the original “Drug
Court” language to “Treatment Court” in each Key Component to be more
inclusive of all treatment court types. These standards include additional research
and specific guidance for those treatment courts that serve juveniles, families,
veterans, and so forth. Practices that are specific to the court type are noted
as such within this document. In addition, when the research or guidance is
applicable across court types it has been integrated within the general standards.
These standards and best practices are based upon numerous program
1 Please contact the AOC for Performance Measure Definitions and Business Rules.
2 National Association of Drug Court Professionals, 1997; https://allrise.org/publications/adult-drug-court
best-practice-standards/; https://allrise.org/publications/ftc-best-practice-standards/;
https://allrise.org/publications/ten-key-components-of-veterans-treatment-courts/and
https://ojjdp.ojp.gov/programs/juvenile-drug-treatment-court-guidelines
evaluations and years of research findings. These standards are intended to serve
as ideal expectations and may be aspirational in limited cases. Exceptions to CONTENTS
these standards may be necessary due to individual circumstances, local
challenges, and the specific needs of the population being served. Caution should KC 1
be exercised when deviating from the standards to avoid drifting from best
practice, and any questions regarding the need to deviate from these standards KC 2
must be addressed to the AOC-TJSP staff. Each section of the New Mexico ATTORNEYS
Treatment Court Standards corresponds with one of the 10 Key Components of
Drug Courts. The standards provide greater detail about each key component and ELIGIBILITY
include best practices recognized through research.
The main purpose for the best practice standards is to maintain a level of TREATMENT
consistency of practice throughout the state of New Mexico, and to ensure a level
of quality that each court applies as it serves in this function for those receiving KC 5
services. The New Mexico AOC-TJSP is always striving to assist courts in the most
up to date practices and processes to enhance the work done by treatment court KC 6
practitioners. RESPONSE
As best and promising practices evolve based on continuing research, the AOC KC 7
Therapeutic Justice Support Program will provide updates to NM treatment court JUDGE
professionals. Further, the certification process will be responsive to emerging
scientific evidence between releases of the NM Treatment Court Standards so as EVALUATION
to promote continual improvement across the treatment court field.
Treatment courts are the most heavily researched criminal justice intervention in TRAINING
history and are associated with increased access to, and retention in, treatment,
reduced recidivism, and better overall outcomes than traditional system processes; KC 10
however, these outcomes are dependent on best practice operations and it takes
the engagement of every treatment court team member and partnering agency to
ensure best practices are embedded in the practices of the treatment court.
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Key Component #1: Treatment courts integrate alcohol and other drug
treatment services with justice system case processing.
Establishing a Treatment Court Establishing a Treatment Court
1-1 All participating agencies must collaborate to establish treatment courts that
meet the minimum standards of the judicial branch contained in this document. (See
Standard 1-5 for a list of appropriate participating agencies.)
1-2 In addition to following these approved state standards, new treatment court
programs must follow the guidelines provided in Appendix K, which describe how to
implement a program.
1-3 Courts recognize the treatment court calendar as a priority and will establish
a dedicated, separate treatment court, on a part- or full-time basis, dedicated to the
evaluation, diagnosis, treatment, and support of eligible treatment court participants
as defined in this document.
1-4 For internal court operations, each court must prepare a separate budget for all
treatment courts within their jurisdiction.
a. Any New Mexico treatment court receiving funding, training, or technical
assistance from a federal agency or national partner must inform the AOC
and request a letter of support and/or commitment.
1-5 The treatment court team must include the following roles/agencies: judge,
a designated treatment court coordinator, prosecuting and defense attorneys,
treatment provider, case manager, and supervision/field support. It is recommended
that treatment court teams also include the following roles: law enforcement and
a program evaluator. Appendix T describes the team member roles. It is important for
treatment courts to include community-based criminal justice partners in addition to
any court-based partners (such as a bailiff or other court staff). Depending on the type
of treatment court, other appropriate key stakeholders should be added to the team
(e.g., child welfare, Court Appointed Special Advocates [CASA], guardians ad litem,
housing providers, etc.).
Key 1
a. Juvenile: Team includes representation from local school systems with the CONTENTS
goal of overcoming the educational barriers participants face.
b. Tribal Healing to Wellness Court (THWC): Some tribes do not have roles COLLABORATION
analogous to the prosecutor, defense counsel, and supervision/field
support. In these cases, look to see that there is someone serving the role ATTORNEYS
of community advocate (ensuring public safety), participant advocate, and
support for completing program requirements. KC 3
c. Veterans Treatment Court (VTC): Forge partnerships with the U.S.
Department of Veterans Affairs (VA), specifically VA Health Care Network, KC 4
the local Veterans Service Organization (VSO), veterans and veteran’s
family support organizations, veteran volunteer mentors, and other local
organizations that support veterans. Teams should include a representative DRUG TESTING
from the VA—typically the local Veterans Justice Outreach Specialist (VJO),
veteran peer mentors, and a mentor coordinator. RESPONSE
1-6 Each treatment court team position/role must have a written position description. KC 7
1-7 Each participating agency should assign staff, and alternates, to be designated to KC 8
the treatment court based on personal interest in the treatment court, interpersonal
skills, motivation, and professional abilities, within their job description. Please see KC 9
Appendix I for the Code of Conduct for Treatment Court Team Members. TRAINING
1-8 Wherever feasible, agencies should make full or part-time staff assignments SUSTAINABILITY
to the treatment court for a minimum of 2 years to ensure stability and continuity
of day-to-day operations and to strengthen collaborative relationships between APPENDICES
the key professionals.
1-9 Treatment court budgets should consider the funding needed to support
professional development needs, to whatever extent possible, of the following
personnel: public defender, prosecution, treatment court coordinator, treatment staff,
supervision/parole, law enforcement, judge/special master, and court staff who support
the treatment court (such as language access services). Please see Appendix L
for Funding Standards.
1-10 The treatment court team must collaboratively develop, review, and agree CONTENTS
upon all aspects of treatment court operations (mission, goals, eligibility criteria,
operating procedures, performance measures, orientation, drug testing, methods of COLLABORATION
shared decision-making, conflict resolution, and treatment court structure guidelines).
The team must create an operations manual and update it annually. KC 2
a. In the event of disagreement among team members, the treatment court
team should work collaboratively to resolve the issue in a respectful and
professional manner. Teams should consult the national best practices ELIGIBILITY
and the NM Treatment Court Standards. If consensus cannot be reached,
the team may request guidance or technical assistance from the TJSP to KC 4
support effective collaboration and decision-making.
1-11 Each court must adopt written policies and procedures for staff (either court DRUG TESTING
or contracted) responsible for field support officer (FSO) duties, commonly known KC 6
as supervision and/or field support duties, that follow the field support operations RESPONSE
manual approved by AOC-TJSP. Procedures must require staff and/or contractors
conducting field contacts to use AOC-approved safety and support applications JUDGE
and complete the required minimum training. Nothing in this section, or in a court’s
policies and procedures created in response to this section, will be construed to limit KC 8
the statutorily allowed powers (e.g., ability to arrest and carry a firearm) of certified
officers (i.e., certified law enforcement or adult probation officers) who are fulfilling KC 9
supervision/field support duties on behalf of a treatment court (see Appendix B). TRAINING
1-12 The treatment court must use the release of information (ROI) form provided by SUSTAINABILITY
the AOC. Changes to the AOC ROI must be reviewed and approved by the AOC prior
to implementation. APPENDICES
1-13 Key documents for participants (and families), such as the ROI, participant
contract, and participant manual, must be translated into their native language.
Informational materials are also distributed in prospective candidates’ native language.
a. Programs serving participants or families who speak a language other than
English must review program data to identify the number of participants or
families over the past 3 years who speak this language.
b. AOC-TJSP staff will coordinate with the AOC Language Access Services
(LAS) to assist in written or verbal translations.
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1-15 Treatment providers, case managers, and supervision/field support officers must TABLE OF
communicate with the treatment court team in advance of status hearings and via the CONTENTS
Statewide Information Management System between status hearings and report on
participant progress and/or concerns in treatment or other service areas. KC 1
1-16 All treatment court team members should attend and participate at each KC 2
scheduled status hearing as this is directly associated with better outcomes. Attendance
by the judge, treatment provider, prosecutor, and defense counsel is required to ensure KC 3
necessary leadership, therapeutic focus, and protection of due process. ELIGIBILITY
1-17 Treatment courts must follow confidentiality laws and practices as described in TREATMENT
Appendix C, and the treatment court judge and coordinator must ensure the
program follows confidentiality laws and standards. Treatment court information and KC 5
records must remain confidential, except as authorized for disclosure under these
standards or by state law,5 or authorized for the purposes of research or evaluation, KC 6
as allowed for in federal law including HIPAA and CFR 42 Part 2. Recognizing that as RESPONSE
a practical matter most, if not all, treatment courts or related agencies or treatment
providers receive direct or indirect federal funding or assistance, treatment courts must JUDGE
comply with federal confidentiality laws. (See, Public Health Service Act, 42
U.S.C. 290dd-2 and 290ee-3; federal regulations at 42 C.F.R. Part 2; Health Insurance KC 8
Portability and Accountability Act of 1996 or HIPAA;6 and the Health Information
Technology for Economic and Clinical Health Act or HITECH Act7). KC 9
1-18 Participants must be asked to sign a written ROI, and the treatment court KC 10
must ensure that participants fully understand the terms of the release and agree to SUSTAINABILITY
these terms voluntarily and without actual or perceived coercion.
1-19 Treatment courts must follow professional, legal, and ethical rules. Team
members must follow the treatment court code of conduct (see Appendix I).
5 Confidentiality and Data Privacy – N.M. Code R. § 16.27.18.17
6 https://www.hhs.gov/hipaa/index.html
7 https://www.hhs.gov/hipaa/for-professionals/special-topics/hitech-act-enforcement-interim-final
rule/index.html
1-20 Although treatment court team members do not conduct searches, if a TABLE OF
participant is under the supervision of the Adult Probation and Parole Office (APPO) CONTENTS
or Juvenile Justice Services, searches must only be conducted by authorized
probation or parole officers in accordance with the participant’s supervision KC 1
conditions and applicable law.
a. Participants should be asked to sign a search waiver. Search waivers KC 2
commonly include conditions allowing random drug and alcohol testing as
well as random searches of areas within the participant’s control (e.g., their KC 3
person, home, car, or telephone/electronic devices). ELIGIBILITY
b. Searches and seizures must be conducted pursuant to valid, written search KC 4
waivers signed by the participant and follow Fourth Amendment standards TREATMENT
and applicable laws.
1-21 Until the program is certified, the treatment court team should have policy
and planning meetings quarterly to review program performance and outcomes, RESPONSE
identify service and access barriers, and modify policies and procedures as needed
for alignment with best practices and program improvement. Once the program is KC 7
certified, these meetings to review program performance can occur annually.
Partner Agency Requirements EVALUATION
1-22 The sponsoring court and participating agencies must: KC 9
a. Support treatment courts by making appropriate adjustments to internal
policies, practices, and procedures to ensure successful day-to-day
operation of the treatment court.
b. Cooperate with the collection and maintenance of data and evaluation APPENDICES
information based on statewide standards.
c. Establish Agency-level Memoranda of Understanding (MOU) to
demonstrate the agreements between the various partner agencies.
• All participating agencies must sign an MOU annually that specifies
interagency information-sharing, expectations, and procedures for
ensuring the continuity of care. The MOU includes a commitment
from all partner agencies to follow lawful, safe, equitable, and
effective best practices and legal policies, including confidentiality
and other standards necessary to the operation of each treatment
court. Partner agencies agree to provide mutual support and backing
if officials endorse policies or practices that may be objectionable to
some constituencies. The Agency-level MOU should specify the CONTENTS
partner agencies’ commitment to the treatment court philosophy
and practices, ongoing system improvement, requiring and KC 1
supporting adequate continuing education, and collaboration. If the
treatment court works with a Tribe(s) or will serve Tribal members, KC 2
the Tribe(s) should be included in the MOU. ATTORNEYS
d. Establish Team-level MOU to demonstrate the agreements of the KC 3
individuals serving as team members. ELIGIBILITY
• All team members must sign a MOU describing team member roles, KC 4
duties, and authority, and specifying what information will be shared TREATMENT
among team members to ensure the continuity of care and all legal
policies, including confidentiality and other standards necessary to DRUG TESTING
the operation of each treatment court. The MOU should also include
team member commitment to the treatment court philosophy and KC 6
practices, ongoing system improvement, collaboration, and
expectations for ongoing professional development. The MOU KC 7
should be reviewed and signed by team members annually and by JUDGE
new team members at the time they join the treatment court team.
e. Follow training plans specific to their role. EVALUATION
f. Engage in cross-training and interdisciplinary education. KC 9
g. Utilize a family-centered approach.
h. Juvenile: Deliberately engage and work collaboratively with KC 10
parents/guardians/caregivers throughout the court process (court hearings,
support/discipline of child, and treatment programs), including addressing
the specific barriers to their full engagement.
12 12
Key Component #2: Using a non-adversarial approach, prosecution and
defense counsel8 promote public safety while protecting participants’ due
process rights.
Operational Standards Operational Standards
2-1 Attorneys (which include prosecution and defense counsel for criminal courts
and child protective services attorney, parent’s attorney, and child’s attorney for civil
cases) must be members of the treatment court team and must participate in the design,
implementation and enforcement of the treatment court’s screening, eligibility, and case-
processing policies and procedures.
2-2 The attorneys must work to create a sense of stability, cooperation, and
collaboration in pursuit of the treatment court’s goals. The pursuit of justice, due
process, and protection of public safety, as well as the preservation of the constitutional
rights of treatment court participants will be ensured by both attorneys.
2-3 Team attorneys must perform their tasks as part of the treatment court
eligibility and admission process as swiftly as possible, including working with
stakeholders in the legal system to shorten the time to entry into the treatment court.
2-4 The attorneys must consistently attend team meetings (pre-court staff meetings
and status hearings).
2-5 A positive drug test or open court admission of drug use must not result in the filing
of additional drug charges based on that drug test or admission.
2-6 All participants must receive a participant manual upon accepting the terms of
participation and entering the treatment court. Receipt of the participant manual must
be acknowledged through a signed form and documented in the treatment court file.
8 Many Tribal courts operate under different structures from this model and may not include positions comparable
to prosecutors and defense counsel. In those programs, some of the standards in this Key Component may not be
applicable or may need to be modified. Please see the Tribal Healing to Wellness Courts Tribal Key Component #2,
Referral Points and Legal Process. https://wellnesscourts.org/tribal-key-components/
Key 2
2-7 Court and/or program requirements (e.g., participant manual, requirements TABLE OF
for phase advancement, general program rules, drug use and testing expectations, CONTENTS
the integrated case plan, etc.) must be reviewed with participants at intake and at a
minimum during phase advancement or every 6 months (whichever comes sooner). The KC 1
content of the review is individualized based on participant responsivity factors.
2-8 Defense attorneys must not disclose sensitive information or infractions unless
participants have consented to the disclosure or, in limited circumstances, if it is KC 3
necessary to protect them or others from an immediate and serious safety threat. In ELIGIBILITY
these narrow instances, the team must agree in advance in writing that disclosures
coming solely from defense counsel will not result in a serious sanction for the TREATMENT
participant, such as jail sanctions or program discharge.
2-9 The defense counsel/parent’s attorney should:
a. review the police reports, arrest warrant, charging documents, child KC 6
protective services allegation and case documents, all treatment court
documents, and other relevant information
b. advise the prospective participant about:
• the nature and purpose of the treatment court KC 8
• the rules governing participation
• the merits of the treatment court including the potential long-term KC 9
benefits of recovery, wellness, and a drug-free life
• the consequences of failing to abide by the treatment court rules KC 10
• how participation or non-participation will affect their interests
• the coordinated strategy for responding to positive alcohol and
other drug tests and other instances of nonadherence, including how
sanctions are utilized and applied
• their expected active role in status hearings, which includes speaking
directly to the judge as opposed to doing so through an attorney
c. provide a list of and explain all the rights that the prospective participant
will temporarily or permanently relinquish9
d. advise the participants on alternative options CONTENTS
e. explain that the prosecution/child protective services attorney has agreed
that a positive drug test or admission to drug use in open court will not lead COLLABORATION
to additional charges, and therefore encourage truthfulness with the judge
and treatment staff KC 2
f. help participants to select and reach their preferred goals
9 Each right that will be temporarily or permanently relinquished as a condition of participation in treatment court
shall be distinguished and explained separately to ensure the prospective participant fully understands what they
are waiving.
Key Component #3: Eligible participants are identified early and
promptly placed into the treatment court program.
Operational Standards Operational Standards
3-1 A team member should be designated and trained to screen cases and determine
whether a prospective participant is eligible for entry to the treatment court and file all
required legal documents.
3-2 Participant eligibility requirements/criteria and intake and referral standards
must be defined objectively, applied equitably, protective of individual rights and
guarantees under New Mexico and federal law, included in writing in the operations
manual, and communicated to all team members and potential referral sources.
3-3 Programs must ensure that eligibility criteria result in equity of access irrespective
of race, ethnicity, color, national origin, ancestry, gender, gender identity, sexual
orientation, physical or mental disability, serious medical condition, age (over 40),
religion, or socioeconomic status.
3-4 Referral sources10 must be actively educated in referral procedures and
eligibility criteria.
3-5 The treatment court must take proactive measures to recruit candidates,
including members of underserved populations.
a. Examples of outreach and recruitment efforts include: developing brochures;
team members informing their counterparts (e.g., meeting with the local
bar association, meeting with probation staff); adding information to the
operations manual; building an alumni group and having them help with
outreach; distributing informational material advertising the benefits of
treatment court and explaining how to apply for admission at the jail, arrest
processing facility, police or sheriff’s department, courthouse, public and
private defense counsel offices, pretrial services, and other pertinent
10 Potential referral sources may include judges, defense attorneys, prosecutors, law enforcement, jail staff,
treatment professionals, pretrial services officers, or community supervision officers.
Key 3
settings; and sharing information at resource days events.
b. Whenever feasible, outreach and recruitment efforts are performed by CONTENTS
persons who have sociodemographic characteristics similar to those of
prospective candidates (e.g., race, sex, ethnicity, neighborhood) or similar COLLABORATION
sociocultural identities (e.g., gender identity, sexual orientation, cultural
practices or beliefs). KC 2
3-6 Treatment courts are designed to admit eligible participants pre-plea, post-plea, or
may operate as a combination of both pre- and post-plea participants. ELIGIBILITY
3-7 Treatment courts must use AOC-TJSP approved standardized, objective, validated, KC 4
and culturally responsive risk and need screening and assessment tools administered
in the participant’s native language (or by a trained interpreter) to determine eligibility KC 5
and service needs. Risk and needs screenings/assessments must be conducted by DRUG TESTING
appropriately trained staff who receive annual booster training.
a. Juvenile: Juvenile treatment courts (JTCs) will conduct a comprehensive RESPONSE
needs assessment that inform individualized case management. Assessment
of youth and parent needs should include: use of alcohol or other drugs, KC 7
criminogenic needs, mental health, history of abuse or other traumatic
experiences, well-being needs and strengths, parental drug use, parental KC 8
mental health needs, and parenting skills. EVALUATION
3-8 Participants must be screened for treatment court eligibility as soon as possible TRAINING
by designated members of the treatment court team as identified by treatment court
policies and procedures. The approved screening tool should be completed within 1 KC 10
week of referral.
3-9 Assessment for substance use disorder (SUD) and other treatment needs
(e.g., mental health, trauma) must be conducted as soon as possible after referral by
appropriately trained and qualified professional staff who receive annual booster
training.
a. NOTE: Due to the critical nature of clients with any SUD, especially those
indicated through screening to be high need in relation to Opioid Use
Disorder (OUD), all attempts should be made to evaluate these clients for
overdose risk within 24 hours as part of the clinical assessment. Overdose
risk is extraordinarily high in this population, particularly upon release from
incarceration or other facilities where abstinence is enforced, such
as residential treatment or detoxification. If the evaluation indicates a
high overdose risk, clients should be provided with any available services
to reduce overdose risk. Even when clients are accepted into treatment
courts, treatment may not be immediate enough to address overdose risk.11
Validated risk assessment tools, such as the Clinical Opiate Withdrawal Scale
(COWS), the Overdose Risk Tool, or others, should be used.
b. Participants, including juveniles, should be evaluated as soon as possible to
determine the need for Medications for Opioid Use Disorder
(MOUD)/Medication for Addiction Treatment (MAT) by trained and qualified
professional staff who receive annual booster training.
c. As soon as possible, all participants (regardless of overdose risk) should
be provided with and trained on the use of Naloxone to reduce the risk of
overdose for individuals who use opioids and because opioids may infiltrate
other drugs leading to inadvertent ingestion, or a participant may need to
prevent overdoses in others.
d. For the Family Dependency Court, assessments should be done within 10
business days of initial interview with the family dependency court contact.
3-10 The treatment court must prioritize serving individuals screened/assessed as
moderate to high risk and high need. Low-risk/low-need individuals must be
considered for diversion.
a. Treatment courts choosing to serve a mixed population of low-risk and
moderate- to high-risk individuals with criminal histories must provide
separate tracks, including different levels of monitoring (supervision/
field support) AND separate group treatment services, to ensure low-risk
participants are not attending group sessions with moderate- and high-risk
participants, and that their specific needs are met.
b. Juvenile: Potential program participants who do not have a substance use
disorder and/or mental health disorder and are not moderate to high risk
must be diverted from the treatment court process.
c. Family: Participants who are high criminogenic risk should be served
separately from participants who are low criminogenic risk even if they are
high risk for child matlreatment.
11 Corey, D., & Carr, D. H. (2019). Legal and policy changes urgently needed to increase access to opioid agonist
therapy in the United States. International Journal of Drug Policy, 73(Nov), 42–48.
business days of initial interview with the family dependency court contact.
3-11 Applicants must not be denied entry to treatment courts because they are CONTENTS
receiving a lawfully prescribed/certified medication for psychiatric, substance use,
and/or other physical disorders and participants are not required to discontinue KC 1
appropriate use of lawfully prescribed/certified medication for psychiatric, substance
use, and/or other physical disorders as a condition of participating and graduating KC 2
from the treatment court. ATTORNEYS
3-12 Consideration for admission to the treatment court must include candidates ELIGIBILITY
who:
a. Have been arrested or convicted of crimes that carry enough probation TREATMENT
time to complete treatment court, and do not have legal restrictions
preventing them from entering a treatment court, as defined in New KC 5
Mexico Criminal Code and New Mexico Children's Code;
b. Have non-drug related offenses that were committed while under the KC 6
influence, or committed to support addiction or dependency, or are RESPONSE
substantially related to the use or abuse of alcohol or drugs;
c. Committed distribution or trafficking of illegal substances to support JUDGE
participant's dependency or addiction to alcohol or drugs (AOD);
d. Have been arrested for drug offenses or drug related crimes and have
qualified for a pre-prosecution or court ordered AOD diversion program; KC 9
e. Have violated probation by commission of a drug offense, drug related crime, TRAINING
or drug use;
f. Additional considerations for Mental Health Courts and Veterans Treatment SUSTAINABILITY
Courts:
• Mental Health Court: Have been arrested or convicted of a crime due APPENDICES
to behavior that is a result of untreated/unmanaged mental health
disorders.
• Veteran Treatment Court (VTC): Determination of the participant’s
veteran status (e.g., DD Form 214 “certificate of release or discharge
from active duty”).
g. Family Treatment Court:
• Have substantiated child abuse and/or neglect findings where alcohol
or other drug use is a factor;
• Have a severe alcohol or other substance use disorder, which has put CONTENTS
their children at risk of child abuse and/or neglect that could result in
removal upon the filing of a petition; or COLLABORATION
• Have child protective services involvement due to untreated/
unmanaged mental health disorders. ATTORNEYS
h. Juvenile:
• Diagnosed substance use and/or mental health disorder; ELIGIBILITY
• Age 14 or older; and KC 4
• Moderate to high risk.
3-13 An otherwise eligible participant with a prior misdemeanor conviction or
adjudication of a delinquent act involving violence should be admitted to a treatment KC 6
court. A candidate with a prior felony conviction for a crime of violence must be
considered based on the following factors: the nature and character of the prior
conviction and the candidate’s criminal history, background and life history, and JUDGE
acknowledgment of a need for treatment, and any circumstances that would
encourage inclusion into a treatment court (see details in Appendix D). KC 8
3-14 Some federal funding includes restrictions against use for participants with KC 9
violent histories; programs must maintain adherence to funding guidelines while
ensuring services are provided both safely and equitably. Meeting this standard may KC 10
require securing funding in addition to the federal allocation to serve these participants SUSTAINABILITY
and providing appropriate fiscal tracking required by the federal source. Admission
into treatment courts not directly receiving federal funds must be governed by these APPENDICES
standards.
3-15 Participants must not be expected to pay participation fees (distinct from
restitution owed) as part of their treatment court involvement. (See Appendix H for
information about how to expend previously collected fees.)
3-16 Treatment courts should not require participants to have stable housing, reliable
transportation, or other resources before being admitted to the program. Programs
should assist participants in accessing these resources once they enter the program.
3-17 If relevant to the program, operations manual must specify how it handles CONTENTS
competency determinations, and must affirm that the program follows the Supreme
Court guidance and NM statutes regarding competency. COLLABORATION
3-18 If appropriate services are available, treatment courts should accept individuals KC 2
with serious mental health disorders/co-occurring disorders and medical conditions.
3-19 Treatment court teams considering excluding someone because their assessed
need is too high or beyond the program’s scope should review whether treatment for KC 4
serious disorders exists elsewhere in the system or community. If an appropriate service TREATMENT
is available, a team member should help the individual to access such service. If not,
the team should consider accepting these participants in hopes that the structure and DRUG TESTING
expertise of the program will help participants improve. These participants should not be
sanctioned if the existing treatment is not effective.12 KC 6
3-20 Participants being considered for treatment court must be promptly advised KC 7
about the program, including the requirements, scope and potential benefits and effects JUDGE
on their case.
3-21 Treatment court teams must review program data to identify barriers to timely
entry, and when necessary, create a plan to increase the number of participants who TRAINING
begin the program within 50 days of the arrest or incident that resulted in their being
considered for entry into the treatment court. KC 10
3-22 The treatment court coordinator or a designated team member must ensure APPENDICES
that the participant’s file is complete and includes all admission documents, program
acceptance, and enrollment forms (e.g., waivers, contracts, consent forms, agreements).
3-23 Treatment courts must maintain an appropriate caseload/census based on
its capacity to effectively serve all participants in alignment with these standards.
Treatment courts serving more than 125 participants with a single judge must ensure
12 Please see information about phase structure, in particular phase 1, in Standard 4-25 and Appendix S. It is
important that participants receive initial support to help stabilize them, allow them to engage in services, and
experience success.
they have the capacity (both services and staff time available) to adhere to these
standards. When the census reaches 125 active participants, program operations are CONTENTS
monitored carefully to ensure they remain consistent with best practice standards. If
evidence suggests some operations are drifting away from best practices, the team KC 1
develops a remedial action plan and timetable to rectify the deficiencies and evaluates
the success of the remedial actions.
3-24 Except as specifically authorized by court order, no treatment court may knowingly KC 3
employ, or enroll as a participant, any undercover agent or informant. ELIGIBILITY
3-25 No information obtained by an informant or undercover agent, whether or not that TREATMENT
agent or informant is placed in a program pursuant to an authorizing court order, may be
used to criminally investigate or prosecute any participant. KC 5
Key Component #4: Treatment courts provide access to a continuum of
alcohol, drug, and other related treatment and rehabilitation services.
Operational Standards Operational Standards
4-1 The primary goal of the program must be abstinence from alcohol, drugs, and other
non-prescribed or non-medically indicated intoxicants consistent with the judicial
requirements of the program.
4-2 Treatment court participants must participate in a comprehensive, integrated, and
individualized program of alcohol, drug, and/or other related treatment services as
recommended by the approved treatment provider.
a. Treatment courts must accommodate participants who are already employed,
in school, or have other responsibilities to ensure participants’ existing
responsibilities do not interfere with the receipt of services, as well as ensure
that, within limits of the treatment court, participation does not cause difficulties
in their job, school, or home.
4-3 Treatment courts must develop policy and procedures related to the use of
teleservices (phone or videoconference) by treatment providers, supervision/field support
officers, and the court.13 (See Appendix P for required considerations and related content.)
a. Treatment courts should allow participants to attend appointments virtually
in the following circumstances: 1) to reduce barriers to participation (e.g., for
participants who have challenges with transportation, childcare, protection
order/safety issue, work schedule, or medical issues), 2) [for court sessions and
field support] to increase the frequency of contact with the judge or supervision/
field support officer, 3) to increase treatment dosage or access to culturally
specific services, and 4) as an incentive.
b. Treatment courts should consider strategies to monitor participants remotely,
such as the use of GPS, performing home visits virtually using cell phone
cameras, and performing random drug tests remotely (such as remote breath
tests using cell phones or observing oral swabs on a video call).
13 For the TJSP teleservice assessment, see https://treatmentcourts.nmcourts.gov/forms-files-list/
Key 4
4-4 Case management and treatment services and plans must be individualized and TABLE OF
culturally appropriate, address participant needs, and be responsive to family needs as
determined through use of valid, reliable, and developmentally appropriate screening,
assessment, and reassessment tools. COLLABORATION
a. Screening/assessment for traumatic brain injury should be part of clinical
assessment for all treatment courts, but especially for Veterans Treatment KC 2
Courts (VTCs).
b. Family Treatment Courts: The assessment should be family centered, and the KC 3
children’s needs must be both assessed and addressed. ELIGIBILITY
c. All participants are screened by trained treatment professionals for culturally
related stress reactions or trauma syndromes and, if indicated, receive trauma TREATMENT
informed services from trained treatment professionals that are proven to be
effective for treating persons with such syndromes. KC 5
d. Staff assessing for recovery capital receive training on reliable and valid test
administration, scoring, and interpretation and should receive at least annual KC 6
booster training. RESPONSE
4-5 Participants must be clinically assessed at induction for substance use, mental JUDGE
health, and trauma symptoms and reassessed at a minimum every 3 months, upon a
significant event, or more frequently as needed, and treatment plans must be modified KC 8
or adjusted based on results.
a. Risk assessments must be conducted at induction and every 6 months KC 9
thereafter, or upon a significant event, and case management plans must be TRAINING
modified or adjusted based on results.
b. Recovery capital assessments must be conducted in Phase 1, Phase 3, and SUSTAINABILITY
Phase 5 at a minimum, using a valid and reliable assessment tool, such as the
Recovery Capital Index (RCI), the Recovery Capital Questionnaire (RCQ), the APPENDICES
Recovery Capital Scale (RCS), or another tool.14
4-6 The treatment court team must clearly identify the team member overseeing case
management services to ensure coordination of other ancillary services and prosocial
connections and make referrals as necessary.
14 Several reliable recovery capital assessment tools are provided in the opening commentary for Complementary
Services and Recovery Capital in All Rise’s Adult Treatment Court Best Practice Standards (2025). Other tools must be
reviewed and approved by the AOC-TJSP.
4-7 A collaborative, integrated case plan based on the approved risk assessment should
be developed within 1 month of program induction. The case plan should minimize
standard supervision conditions and individualize supervision conditions where possible.
4-8 A single treatment agency must provide the primary treatment services and/or
oversee and coordinate the treatment provided from other agencies, unless local
circumstances prevent this.
4-9 The treatment court services must be provided in a manner that is:
a. Gender-specific
b. Family centered
c. Culturally appropriate
d. Developmentally appropriate
e. Trauma-informed
f. Skills based15
4-10 Treatment courts must coordinate a continuum of available services sufficient
to meet participants’ identified needs through partnership with a primary treatment
provider, including detoxification, inpatient, residential, outpatient, intensive outpatient,
co occurring disorder treatment, medication management, and recovery housing services.
a. Adjustments to the level or modality of care are based on participants’
preferences, validly assessed treatment needs, and prior response to
treatment and are not linked to programmatic criteria for treatment court
phase advancement.
b. It is recommended treatment court teams map the availability of services
(including whether these services will work with the courts) annually as part of
their work to expand service capacity in their communities.16
15 Participants should be encouraged to practice and should receive help in practicing prosocial skills in domains such as
work, education, relationships, community, health, and creative activities.
16 To map the availability of services in your community, set a meeting with your team or advisory council to review the
various resources in the area. An available tool for mapping can be found at this link:
(https://www.innovatingjustice.org/sites/default/files/media/document/2023/CJI_Factsheet_MappingCommunityReso
urces_10162023.pdf). Reach out to the AOC-TJSP staff if you need support for mapping resources in your community.
4-11 Overall duration and dosage of substance use disorder treatment for participants TABLE OF
must be based on the individual’s risk and needs, as determined from validated
standardized assessments, and the participant’s progress in meeting behavioral KC 1
objectives over a period of time. COLLABORATION
a. Dosage for standard adult outpatient treatment is less than 9 hours per week.
Dosage for adult intensive outpatient is 9–19 hours per week. ATTORNEYS
b. Treatment courts whose providers are unable to meet these requirements must
supplement the treatment with teleservices or additional providers to reach the KC 3
necessary dosage for participants’ assessed levels of need.
4-12 Guidelines for placement at various levels (e.g., residential, detoxification, TREATMENT
outpatient, sober living residences, etc.) must be developed by the treatment court team KC 5
incorporating the expertise of the treatment provider and should be informed by the DRUG TESTING
American Society of Addiction Medicine (ASAM) standard of care and/or the Diagnostic
and Statistical Manual of Mental Disorders (DSM).17 RESPONSE
a. Juvenile: Providers must administer evidence-based treatment
services/modalities that have been shown to address risks and needs KC 7
identified as priorities in the case plan (such as trauma, mental health, quality JUDGE
of life, educational challenges, and criminal thinking) and improve outcomes
for youth with substance use issues. These modalities include, but are not EVALUATION
limited to, the following: Assertive continuing care, behavioral therapy,
cognitive behavioral therapy, family therapy, motivational enhancement KC 9
therapy, motivational enhancement therapy/cognitive behavioral therapy,
and multiservice packages. KC 10
b. Mental Health Treatment Courts must connect participants to comprehensive SUSTAINABILITY
and individualized treatment supports and services in the community. They
strive to use—and increase the availability of—treatment and services that are APPENDICES
evidence-based. The array of services and supports can include medications,
counseling (such as assertive community treatment), substance use disorder
treatment, benefits, housing, crisis intervention services, peer supports,
17 https://www.asam.org/asam-criteria
supported employment, family psychoeducation, illness self-management, and
case management. Mental health courts should connect participants with co- CONTENTS
occurring disorders to integrated treatment whenever possible.18
c. Domestic/Family Violence Treatment courts must provide referrals to substance KC 1
use or mental health treatment and batterer intervention programming.19
d. In all court types, where there is an existing risk to family members or intimate KC 2
partners such as an order of protection or domestic violence charge/convictions, ATTORNEYS
the use of domestic violence interventions or other specialized services that
support the participant and the affected party are required. ELIGIBILITY
4-13 Treatment professionals inform the team when a participant has been clinically KC 4
stable long enough for abstinence to be considered a proximal goal, and alert the team if
exposure to substance-related cues, emerging stressors, or a recurrence of symptoms KC 5
may have temporarily returned abstinence to being a distal goal, thus requiring service DRUG TESTING
adjustments, not sanctions, to reestablish clinical stability. Participants must be an active
part of their treatment plan and asked if current treatment is aligning with their goals. RESPONSE
4-14 Treatment courts should strive for treatment groups of no more than 12 JUDGE
participants and at least 2 facilitators/leaders when serving high-risk/high-need
participants. KC 8
4-15 Whenever feasible, participants are assigned in the early phases of the program KC 9
to counselors or peer specialists who share similar sociodemographic characteristics or
sociocultural identities. KC 10
4-16 Treatment courts must coordinate a comprehensive range of participant and family
centered evidence-based interventions/treatment services, including screening for medical APPENDICES
and dental care needs and ensuring they have been in contact with medical and dental
providers. The treatment court provides or refers participants for treatment and social
services to address conditions that are likely to interfere with their response to substance
use disorder treatment or other treatment court services (responsivity needs), that
increase recidivism (criminogenic needs), or that diminish long-term treatment gains
(maintenance needs). Contract criteria for treatment providers are listed in Appendix E.
Treatment providers must help participants enroll in Medicaid or other eligible medical
coverage. The standards for the treatment program are provided in 4-35.
18 https://bja.ojp.gov/sites/g/files/xyckuh186/files/Publications/MHC_Essential_Elements.pdf
19 https://crimesolutions.ojp.gov/ratedpractices/78
Treatment courts must include the following services or referrals to these services as TABLE OF
necessary: CONTENTS
a. Criminal thinking intervention KC 1
• Staff members delivering a criminal thinking intervention must be trained
in that model. When feasible, criminal thinking interventions are delivered KC 2
by clinical staff with expertise with justice-involved people. If the criminal ATTORNEYS
thinking intervention is delivered by a non-clinician, the staff member is
trained to know when and how to refer participants to clinical staff when ELIGIBILITY
needed/appropriate.
b. Substance use disorder (SUD) treatment TREATMENT
c. Mental health treatment20
d. Medication to treat substance use disorder, also known as Medication for DRUG TESTING
Opioid Use Disorder (MOUD) or Medication for Addiction Treatment (MAT) KC 6
Treatment courts should include the following services or referrals to these services as
necessary: KC 7
e. Parenting classes
f. Family and significant other counseling KC 8
g. Domestic violence interventions
h. Residential treatment TRAINING
i. Health care
j. Dental care SUSTAINABILITY
k. Housing assistance
l. Vocational or educational services
m. Brief evidence-based educational curriculum to prevent health-risk behavior
(e.g., STIs and other diseases)
20 Participants suffering from mental illness receive mental health services beginning in the first phase of treatment court
and continuing as needed throughout their enrollment in the program. Mental illness and addiction are treated
concurrently using an evidence-based curriculum that focuses on the mutually aggravating effects of the two conditions.
Participants receive psychiatric medication based on a determination of medical necessity or medical indication by a
qualified medical provider.
n. Brief evidence-based educational curriculum to prevent or reverse drug
overdose CONTENTS
4-17 It is recommended participants attend community or peer support groups based COLLABORATION
on the treatment provider assessment with court approval and/or program policy in
support of alumni services. The treatment court should confirm the quality of the groups KC 2
when possible and ensure secular options are available. (See Appendix J for additional
information about alumni and peer supports.) KC 3
a. To assess quality of community support groups, ask the following questions
about the group: KC 4
• Is the group held at an accessible location?
• Is the meeting time convenient or is there a wide range of meeting KC 5
times (to accommodate participants’ schedules)?
• Is the facilitator well qualified to lead the group? (Does the facilitator KC 6
have experience or been trained?)
• Are there people who attend this group who are well established in their KC 7
recovery?
b. To assess quality of community support groups, ask the following questions of KC 8
participants or peer support specialists: EVALUATION
• Which group(s) do you like? (What do you like about the group?) KC 9
• Are you able to open up at this group? (Is there emotional safety, non
judgmental conversations?) KC 10
• What would you change about this group?
• Would you recommend this group to other participants? (Why or why APPENDICES
not?)
4-18 Participants must not be incarcerated to achieve clinical or social service objectives,
such as obtaining access to detoxification services or sober living quarters. See Standard
623 for the extraordinary times and conditions, outside graduated behavior responses,
when jail may be appropriate.
4-19 It is suggested that treatment courts implement treatment readiness programs for
participants who are on waiting lists for comprehensive treatment services (e.g.,
[binding.law: PDF page 30 withheld — the text engines read it differently]
treatment court, staff must work to connect them with recovery support services
and recovery networks in their community to enhance and extend the benefits of CONTENTS
professionally delivered services. Participants are encouraged to develop community
connections with activities and groups they are interested in and opportunities to KC 1
volunteer or contribute. See guidelines for programs serving high risk/high need
participants in Appendix S and outlined in the Statewide Information Management KC 2
System.
a. The last phase should focus on enhancing recovery capital and developing and
practicing strategies for sustained recovery in preparation for their time after ELIGIBILITY
the program completion/graduation/commencement ceremony.
b. Participation in the program is completed at graduation. TREATMENT
4-25 Services must be provided according to appropriate sequencing: DRUG TESTING
a. In the first phase, participants receive services designed primarily to address
responsivity needs (e.g., housing, stabilization of mental health symptoms, RESPONSE
substance-related cravings, withdrawal, inability to feel pleasure, pain).
b. In interim phases, participants receive services designed to resolve criminogenic
needs (e.g., criminal thinking patterns, negative peers/associations, family
conflict, and SUDs). KC 8
c. In later phases, participants receive services designed to maintain treatment
gains (e.g., vocational & educational assistance, daily living & parenting skills, KC 9
etc.).
4-26 Treatment court participants must meet weekly with a clinical case manager or SUSTAINABILITY
treatment provider during the first phase.
4-27 Advancement within, and graduation from, the treatment court must be determined
by the treatment court judge in collaboration with the treatment court team and on the
condition that the participant has satisfied the established minimum criteria. The minimum
time to graduate must be approved by the judge in collaboration with the team and
incorporated in writing in the operations manual.
4-28 Treatment courts must include a focus on relapse prevention and continuing care
services. Involvement in work, education, or comparable prosocial activity is a component
of each participant’s continuing-care plan. This approach should also include establishment
of alumni groups, peer mentors, and/or peer support groups, that encourage participation
in other community supports.21
a. Mental Health Court (MHC): The treatment court team must work with the
participant to develop transition plans to ensure stability in housing, income,
medication management, and ongoing counseling and support after treatment
court completion.
4-29 The treatment court should establish a recovery maintenance process for
participants prior to exit, including the use of the recovery management check-in module
in the state management information system.
Treatment Providers Treatment Providers
4-30 The treatment c urt must use standardized, manualized, behavioral or cognitive-behavioral, evidence-based treatment programming, implemented with fidelity, to ensure
quality and effectiveness of services and to guide practice. Examples of evidence-based
treatment programming can be found at SAMHSA’s Evidence-based Practices Resource
Center website22 and Pew Charitable Trust website.23
4-31 Treatment providers are licensed or certified to deliver substance use or mental
health disorder treatment, have experience working with the treatment court population
(e.g., justice-involved adults, youth, families, etc.) or seek adequate professional
development opportunities to enhance their understanding and skills, and are supervised
regularly to ensure fidelity to treatment models. (See Appendix E for more contract
criteria for treatment providers.)
a. The treatment court must only utilize providers in accordance with the State of
New Mexico Substance Abuse Counselor Act, chapter 61, Laws of 1996, HB
790: Article 9 of the New Mexico Counseling Therapy Practice Board: section
61-9A-14.l. Substance Abuse Counselors, Requirements for Licensure; and
section 61-9A-21.l, Licensure without Examination.
b. All other clinical providers must be appropriately licensed.
21 Please see Appendix J for additional guidance regarding Alumni and Peer Support activities.
22 S bstance Abuse and Mental Health Services Administration (SAMHSA): https://www.samhsa.gov/ebp-resource-
center
23 https://www.pewtrusts.org/en/research-and-analysis/data-visualizations/2015/results-first-clearinghouse-database
c. Providers must provide the treatment court with copies of all clinical staff
licenses. CONTENTS
4-32 To ensure adequate participant safety and care, every treatment provider must COLLABORATION
have a quality assurance program designed to evaluate the quality of care provided and
promote efficient and effective services. This program must be articulated to the KC 2
treatment court team and be available for review by the AOC-TJSP.
4-33 Treatment courts must ensure, to the greatest extent possible through contracts, ELIGIBILITY
MOUs, participant evaluations, etc., the accountability of the treatment provider
to incorporate services and training consistent with the treatment court model and TREATMENT
treatment best practices. This expectation includes using evidence-based practices,
culturally appropriate approaches, cognitive behavioral therapy, manualized treatment, KC 5
and trained/licensed professionals; maintaining fidelity to their treatment models,
appropriately matching individuals to services based on assessed needs, and helping KC 6
participants to select and reach their preferred goals.
4-34 Treatment courts must include language requiring accessibility in requests JUDGE
for proposals to provide treatment services, and in agreements to provide treatment
services [contracts or memoranda of understanding/agreement (MOU/MOAs)] with EVALUATION
primary providers. Treatment courts will use this language:
a. The Contractor will provide services that meet the needs of Limited English KC 9
Proficiency (LEP) and deaf and hard of hearing clients through the use of
bilingual employees, translation and interpretation, and other auxiliary aids and KC 10
services; and SUSTAINABILITY
b. The Contractor also will provide services that reasonably meet the needs of
clients with other disabilities. The Contractor’s facilities must be accessible to APPENDICES
persons with disabilities.
4-35 Treatment courts must include the content from Appendix E (Contract Criteria) in
any treatment provider contracts. Treatment courts with contracted treatment providers
will obtain the following documents from the providers:
a. All valid and applicable business licenses and the State of NM Taxation and
Revenue Department Certificate
b. All valid clinical staff licenses (LSAA, LAADAC, LPPC, or other state-issued
licensure to provide treatment)
c. Valid certificate of general and professional liability insurance
d. Medicaid billing provider participation agreement
e. Written policies and procedures that indicate alignment with NM Treatment
Court Standards, treatment court requirements, and the scope of services
f. Evidence-based treatment model and certificates that providers have been
trained in the model
g. Written rules governing the rights and conduct of participants
h. MOUs or other formal agreements in place with other public or private
agencies that provide supportive services
4-36 Judicial agencies providing treatment services internally with their own staff
members must meet the requirements of the treatment provider standards (Appendix E)
through their own policies, procedures, and practices.
Access to Medication Access to Medication
4-37 Participants may be prescribed psychotropic medicine and/or medication for
substance use disorder (MOUD/MAT) as needed but only by an appropriately licensed
medical professional. Participants must inform the prescribing medical practitioner
that they are enrolled in treatment court and execute a release of information enabling
the prescriber to communicate with the treatment court team about their progress in
treatment and response to the medication.
a. If a participant uses prescription medication in a nonprescribed manner, staff
alert the prescribing medical practitioner.
4-38 In all cases, MAT must be permitted to be continued for as long as the prescriber
determines that the FDA-approved medication is clinically beneficial. Treatment
courts must assure that a participant will not be compelled to suspend use of MOUD/
MAT as part of the conditions of the treatment court if such a mandate is inconsistent
with a licensed prescriber’s recommendation or valid prescription for FDA-approved
medication.
a. Under no circumstances may a treatment court judge, other judicial official,
supervision/field support officer, or any other staff connected to the
treatment court deny the use of such FDA-approved medications when made
available to
the participant under the care of a properly authorized physician and pursuant
to regulations within an opioid treatment program or through a valid
prescription and under the conditions described above.
b. A judge, however, retains judicial discretion to mitigate/reduce the risk of abuse,
misuse, or diversion of these medications, but this authority does not include
discontinuing a prescription or making other medical decisions related to a
participant.
4-39 Treatment courts must not deny any eligible participant access to the treatment
court program because of their use of FDA-approved medications for the treatment of
substance use disorder (MOUD/MAT, e.g., methadone; buprenorphine products, including
buprenorphine/naloxone combination formulations and buprenorphine mono-product
formulations; naltrexone products, including extended-release and oral formulations;
disulfiram; and acamprosate calcium). Methadone24 must be permitted. Similarly, FDA-approved MOUD/MAT medications available by prescription must be permitted unless the
judge determines:
a. A licensed clinician, acting within their scope of practice, has not examined the
participant and determined that the medication is an appropriate treatment for
their substance use disorder based on current DSM criteria, or a licensed
clinician determines the participant is not receiving the medications as part of
treatment for a diagnosed substance use disorder (SUD).
b. The medication was not appropriately authorized through prescription by a
licensed prescriber.
4-40 Treatment court responses to licit medications (prescribed and/or certified) must
preserve equity, avoid discrimination, and engage in a collaborative care approach
incorporating all the elements below. Policies and procedures related to medications must:
a. Focus on the best interests of program participants and the enhancement of
long-term wellness.
b. Ensure equity in both access and retention by not denying program services or
progress based solely on the use of a specific medication.
24 Methadone treatment must align with current federal and state regulations, which include being prescribed by a
licensed medical provider/clinician who has evaluated the client and being dispensed by a certified treatment program.
c. Protect participant rights to medical care, including the autonomy of the patient TABLE OF
in seeking medical care and decision-making. CONTENTS
d. Respect current NM law. KC 1
e. Respond to substance misuse, contraindicated use, related dysfunction, and/or
other articulated concerns. KC 2
f. Ensure medical decisions are made by appropriately qualified medical
professionals. KC 3
g. Ensure that any responses are predicated upon medical advice and that factual
evidence in support of the action is well documented. KC 4
h. Partner with the participants in their goals and recovery strategies with long-term productivity in mind. KC 5
i. Engage the participants in a sound therapeutic alliance that provides
opportunities for habilitation and expanding views of recovery/wellness. KC 6
4-41 The treatment court must collaborate with appropriately licensed medical KC 7
professionals to support the participant in discovering an individualized and sustainable JUDGE
plan of care related to pain management or other medical condition(s) that may impact
long-term recovery. EVALUATION
4-42 It is recommended that a medical professional with expertise in addiction medicine KC 9
evaluate the participant and provide consultation regarding any prescribed or medically
indicated use of an intoxicant. KC 10
4-43 Upon unsuccessful discharge, every effort should be made to ensure the participant APPENDICES
will receive their prescribed medications without interruption, including any form of
MOUD/MAT, to avoid risk of severe withdrawal, return to use, overdose, and death.
36 36
Key Component #5: Abstinence is monitored by frequent alcohol and other
drug testing.
Drug testing is one of the strategies
treatment courts use to monitor participant
progress and support their recovery.25
Programs should establish abstinence as a
goal that participants work toward over time.
Program staff/contractors who conduct drug
testing must be trained in and use universal
precautions.26
5-1 Results of drug testing may be used in treatment court to determine:
a. If the participant is progressing satisfactorily
b. If the case plan needs modifying
c. Appropriate treatment level of care
d. Service adjustments or incentives
e. Whether the individual should graduate from the treatment court
f. Appropriate sanctions, if needed, to address behavior leading to the substance
use
Operational Standards Operational Standards
5-2 Drug test results must not be used as evidence of a new crime or as the sole basis for
probation violations.
a. This understanding must be articulated in the agency and team member MOUs.
25 Other important ways to measure participant progress include talking with the participant and observing their
response to circumstances they encounter; communicating with their treatment provider; and conducting home visits to
observe their environment and how they behave and interact with others there.
26 An approach to infection control, through specific safety practices and equipment, that helps staff avoid contact with
bodily fluids.
Forensic testing is conducted by or at the
direction of the treatment court to help gauge
adherence with court requirements and inform
the delivery of behavioral responses.
Clinical testing is conducted at the discretion
of treatment professionals and used only as a
therapeutic tool for clinical needs and treatment
modifications.
Key 5
5-3 The treatment court must use scientifically valid and reliable testing procedures TABLE OF
and establish a chain of custody for each specimen. CONTENTS
a. If the court’s drug testing procedures necessitate preservation of the drug KC 1
testing samples, the court’s drug testing policies must document the steps COLLABORATION
necessary to maintain proper chain of custody of test specimens and results.
5-4 Each treatment court must adopt written policies and procedures that document its
drug testing protocols and that follow the standards as described in this document, ELIGIBILITY
regardless of whether the treatment court program is providing drug testing services
directly or through a contractor. This information must be described in a participant KC 4
contract or manual and reviewed periodically with participants to ensure they remain
cognizant of their obligations. The program’s drug testing policies and procedures must KC 5
address, at a minimum: DRUG TESTING
a. The types of drug testing to be performed (e.g., breathalyzer, urinalysis [UA] KC 6
drug screen, oral swabs, etc.); RESPONSE
b. Drug testing frequency, including description of random drug-test component;
c. Means and speed with which test results are communicated to the treatment
court coordinator and/or supervising officer;
d. Descriptions of what will be considered a “positive” test result (e.g., abnormal
pH levels, flushing, etc.).
e. Process for participants to dispute the results of positive drug screens and the TRAINING
method used to confirm disputed results.
f. Procedure that minimizes the risk of adulteration of unobserved urine SUSTAINABILITY
specimens, such as using temperature strips to verify the appropriate
temperature of the specimen. APPENDICES
5-5 The treatment court must implement a standardized system in which participants
will participate in drug testing. Forensic testing must be administered randomly and
unpredictably, with a frequency of no less than twice per week until participants have
achieved early remission of their substance use disorder and are consistently engaged
in recovery management activities and preparing for graduation. Testing hours must
reasonably accommodate employed participants (for example, early mornings, evenings,
& weekends). Testing should be available 7 days per week, including holidays.
a. As treatment dosage and field support are reduced, drug testing should be
maintained until the participant shows significant progress in meeting target TABLE OF
behaviors, including relapse prevention skills. While incentives, sanctions, and CONTENTS
service adjustments may change as participants advance through treatment
court phases, drug and alcohol testing frequency should only be reduced after COLLABORATION
other treatment and supervisory services are decreased without resulting in
relapse. KC 2
b. Participants must be required to deliver a test specimen as soon as practicable
after being notified that a test has been scheduled. Urine specimens must be KC 3
delivered no more than 8 hours after being notified that a urine test has been
scheduled. For tests with short detection windows, such as oral fluid tests, KC 4
specimens must be delivered no more than 4 hours after being notified that a TREATMENT
test was scheduled.
5-6 Treatment courts must utilize urinalysis as the primary method of drug testing for
adults (to include EtG or breathalyzer for alcohol); a variety of alternative methods may be RESPONSE
used to supplement urinalysis or serve as a temporary replacement when necessary,
including breath, hair, and saliva testing, patch, and electronic monitoring. KC 7
a. Juvenile: The least invasive form of testing should be used whenever possible.
5-7 Forensic drug testing sample collection for adult participants must be directly
observed by an authorized, trained collector (e.g., a contracted drug testing facility staff KC 9
member, or a supervision officer or coordinator) who is of the same sex as the participant.
a. Programs must follow appropriate protocols and procedures for valid testing KC 10
and/or monitoring.
b. Alternative specimen collection methods or sample types (e.g., adapted APPENDICES
observations, unobserved urine tests with precautions, additional time to
produce specimen, increased dialogue with participant, or oral swabs) must be
considered as accommodations for participants whose trauma histories make
observed urine drug testing contraindicated, or when in-person observation
and/or collection is not feasible or advisable due to factors such as illness,
distance, or the gender of the collector, etc. for a specific period of time and
then re-evaluated.
c. Transgender participants must be given the opportunity to choose the gender of
the official collecting the samples.
d. Juvenile: Drug testing, particularly urinalysis, can be beneficial for youth as well,
39 39
to ensure the team is aware of the youth’s treatment needs and progress. TABLE OF
However, programs should typically not observe urine sample collection for CONTENTS
youth. If an observed urinalysis drug screen is needed, it is performed by a
neutral staff member, not a clinician or other JTC team member who has a COLLABORATION
therapeutic alliance with the participant.
e. Due to safety issues and liability concerns, observed UAs must not be ATTORNEYS
conducted in the field. Other testing measures, such as oral swabs, may be used
if allowed by field work policy and procedure. KC 3
5-8 It is recommended that treatment courts avoid relying on treatment agencies to KC 4
conduct forensic testing, as this may interfere with the therapeutic relationship between
treatment provider and client, raise ethical concerns for Treatment Professionals, and KC 5
require legal chain-of-custody protections. If a treatment court must use a treatment DRUG TESTING
agency for the collection of sample specimens, the collection must be performed by
dedicated, properly trained staff and must not be conducted by the participants’ counselor RESPONSE
or case manager.
a. Clinical testing may be conducted at the discretion of the treatment provider JUDGE
and is only used as a therapeutic tool to assess the participant's clinical needs
and guide treatment adjustments. The frequency and method of clinical testing KC 8
should be determined based on the professional judgement of the treatment
provider. Additionally, professional guidelines should be followed when deciding KC 9
whether to share clinical test results with the rest of the treatment court team. TRAINING
5-9 Programs must take steps through training, staffing levels, and testing location to SUSTAINABILITY
minimize the risk of sexual or physical harassment between the collector and participant
during testing ensuring collectors: APPENDICES
a. Are trained in appropriate collection and testing protocols to prevent tampering
or substitution of specimens, ensuring adulterated samples are not produced.
b. Have undergone a criminal background check.
c. Maintain a clinical, professional demeanor that is detached and impersonal.
d. Conduct testing the same way every time for every participant.
e. Recognize that some participants may be distressed or have experienced
trauma, and that the testing process could be uncomfortable or embarrassing for
them.
40 40
[binding.law: PDF page 41 withheld — the text engines read it differently]
5-15 The treatment court must confirm disputed positive drug screen results through TABLE OF
either gas chromatography-mass spectrometry, liquid chromatography-mass spectrometry,
or some other equivalent protocol. Confirmation tests are typically not needed for KC 1
negative results or uncontested positive results. COLLABORATION
a. If a confirmation test is negative, the program must pay the cost of the test, not KC 2
the participant. ATTORNEYS
42 42
Key Component #6: A coordinated strategy governs treatment court
responses to participants’ adherence to program expectations.
Operational Standards Operational Standards
6-1 The treatment court must have a formal system of responses to participant behavior,
including incentives, sanctions, and service adjustments established in writing and included
in the treatment court’s operations manual. The treatment court should use the Team
Response Decision Guidelines and provide these guidelines to team members for use in
pre-court staff meetings. Please see Appendix G for more information. The team’s
responses should support and, when applicable, promote improved parenting, healthy
parent-child relationships, and family functioning. To the extent possible, responses
should not interfere with treatment court requirements, such as treatment or drug
testing.
a. Decisions about parenting and family time must be based on the children’s
best interests, including safety, well-being, and permanency. The treatment
court team never uses parenting or family time as an incentive or sanction.
6-2 The treatment court must provide advanced notice to participants about program
requirements, the responses for meeting or not meeting these requirements, and
the process the team follows in deciding on appropriate individualized responses to
participant behaviors. This information is documented clearly and understandably in the
operations manual and the participant manual that is distributed to all participants, staff,
and other interested stakeholders or referral sources, including defense attorneys.
a. Participants must be required to adhere to the treatment court’s requirements
and rules.
b. Participants must not be provided with information (such as a "grid") that ties
specific responses to specific behaviors.
6-3 Programs should include field support services as part of the comprehensive
monitoring and support of participants.
6-4 The least restrictive conditions must be considered for all participants according to
assessed risk and need.
Key 6
6-5 Monitoring and support of participants must occur during regular business hours and
when feasible include a plan for the evening and weekends when participants face potential
challenges to engage in unsatisfactory and/or dangerous conduct and activities.
6-6 Information regarding participant key successes/prosocial behaviors and behavior
not adhering to the treatment court requirements must be communicated as soon as
possible between pre-court staff meetings to all members of the treatment court team to
coordinate an appropriate response to the behavior.
6-7 During pre-court staff meetings, the team must receive information about participant
attendance, progress, engagement in treatment, complementary services received,
children’s needs and services, field contacts, and adherence to court and supervision/field
support requirements.
6-8 During the pre-court staffing, the judge and the rest of the operational team must
thoroughly discuss the recommended responses for each participant. After hearing from
the participant in court, the judge makes the final decision on the court-ordered response.
6-9 Treatment court teams should reach a mutual agreement on incentives, sanctions,
and service adjustments to avoid conflicts among team members. Pre-court staff meetings
and the Team Response Decision Guidelines (see Appendix G) can help ensure consistency
in applying responses based on a participant’s resources, attitudes (criminogenic factors),
and abilities (both short-term and long-term considerations). Responses to participant
behavior, including incentives, sanctions, and service adjustments, must follow a gradually
escalating scale, offering a range of options. These responses must be applied consistently
and appropriately, matching the participant’s behavior, treatment progress, and risk level.
The team must consider short-term (proximal), long-term (distal), and managed goals,27 as
well as the context of the behavior (e.g., circumstances leading to the behavior), when
determining the appropriate response. Incentives and sanctions are used to support and
encourage adherence to short-term goals that participants can achieve and sustain, while
service adjustments are used to help participants achieve long-term goals that may be
27 F r additional information, please see https://ntcrc.org/wp-content/uploads/2022/02/NDCI_Behavior_Modification_Incentives_and_Sanctions.pdf
more challenging for the participant to reach at present.
a. Juvenile: Ongoing monitoring and case management of youth participants
should focus on addressing their needs in a holistic manner, including a strong
focus on behavioral health treatment and family intervention, rather than the COLLABORATION
detection of violations of program requirements.
b. Clinical considerations (e.g., mental health or substance use symptoms) that may ATTORNEYS
interfere with a participant’s ability to meet certain goals must be based on input
from qualified treatment professionals, social service providers, and clinical case KC 3
managers.
6-10 No single set of responses (incentives, sanctions, and service adjustments) is
effective for everyone. Incentives, sanctions, and service adjustments must be tailored to KC 5
the individual participant by obtaining information on the participant during the DRUG TESTING
assessment process and through conversations in pre-court staff meetings, with the
participant in court and case management meetings, and during field support visits. RESPONSE
Programs must not use a one-to-one grid that ties a single response to a specific behavior.
See Appendix G for information that acts as a decision guide for responding to behaviors. KC 7
6-11 Responses to behavior (incentives, sanctions, and service adjustments) must KC 8
be certain, fair, and of the appropriate intensity. All responses must focus on specific
behaviors and be administered with a clear direction for the desired behavior change. KC 9
6-12 Responses to dishonesty should take into consideration whether being truthful is KC 10
a proximal (e.g., a concrete fact such as missing a counseling session or recent substance SUSTAINABILITY
use) or a distal goal (e.g., an abstract conclusion such as denial of an SUD) and the
circumstances surrounding the dishonesty. When participants are capable of being APPENDICES
truthful, dishonesty should be addressed with a response based on the severity of the
infraction.
a. Sanctions should be applied consistently, but staff should be aware of denial
or low self-insight, which are common symptoms of substance use and mental
health disorders.
b. The treatment court team should reinforce honesty by praising participants for
being truthful, and when appropriate reducing or withholding sanctions. This
practice should continue until truthfulness becomes a managed goal.
c. Responses should be guided by treatment progress, meeting requirements of
the program, ancillary services, and situational or environmental factors TABLE OF
motivating the participant. CONTENTS
6-13 Responses to participant behaviors, especially unsatisfactory behaviors, must come COLLABORATION
as close in time as possible to the targeted/confirmed behavior, but at most within one
week. When responses to unsatisfactory behaviors are necessary between regularly ATTORNEYS
scheduled treatment court sessions, the judge should address the behavior and response
in a court session outside the standing treatment court docket. KC 3
a. To ensure timely responses to participant behavior, the treatment court must
establish in policy and procedures the conditions under which the following will KC 4
occur:
• When a participant will be asked to attend a hearing sooner than their KC 5
regularly scheduled treatment court status hearing (including at a
different docket or hearing outside of treatment court) or asked to attend KC 6
a virtual court hearing with the team (at a minimum with the judge and an RESPONSE
attorney), or
• When a team member, such as the coordinator or supervision/field JUDGE
support officer, is allowed to deliver a response after communicating with
the judge and other team members to coordinate the response(s). EVALUATION
6-14 For the treatment court target population, incentives are far more productive KC 9
than sanctions. Therefore, the application of incentives to encourage progress must
exceed the use of sanctions by, at least, a ratio of 4 incentives to 1 sanction. KC 10
a. Incentives are delivered for all accomplishments, as reasonably possible, in the
first two phases of the program, including attendance at every appointment, APPENDICES
truthfulness (especially concerning prior infractions), and participating
productively in counseling sessions. Once goals have been achieved or managed,
the frequency and magnitude of incentives for these goals may be reduced, but
intermittent incentives continue to be delivered for the maintenance of
important managed goals.
6-15 Service adjustments (NOT sanctions) must be used when a participant is not
responding to treatment interventions but is otherwise adhering to treatment court
requirements. Participants with a compulsive substance use disorder must receive service
adjustments for substance use (not sanctions) until they are in early remission, defined as
46 46
at least 90 days without clinical symptoms that may interfere with their ability to attend TABLE OF
sessions, benefit from the interventions, and avoid substance use. Service and support CONTENTS
adjustments (not sanctions) must be made when participant behaviors do not reflect
progress toward treatment goals, court benchmarks, and/or skills development. COLLABORATION
6-16 Participants should not be sanctioned or discharged if a lack of resources to meet KC 2
their basic needs (e.g., housing, transportation) has interfered with their ability to satisfy
treatment court requirements. These needs should be addressed with service adjustments. KC 3
6-17 The treatment court team responds to all nonmedically-indicated use of KC 4
intoxicating or addictive substances including alcohol, marijuana (including medical
cannabis), and prescription medications, regardless of the licit or illicit status of the KC 5
substance. The treatment court team must rely on medical input to determine whether a DRUG TESTING
prescription for an addictive or intoxicating medication is medically indicated and whether
nonaddictive, nonintoxicating, and medically safe alternative treatments are available. RESPONSE
6-18 Treatment courts must monitor medication adherence and deliver evidence-based KC 7
consequences for nonprescribed use or illicit diversion of the medications. Methods
include observation of medication ingestion (in-person or using technology), random pill KC 8
counts, monitoring urine or other test specimens for expected presence of (not levels of)
medication/metabolites, and reviewing prescription drug monitoring reports.
6-19 A participant's failure to appear for a drug test must not be automatically treated as KC 10
a positive test. The treatment court team response must be based on careful deliberation SUSTAINABILITY
of the facts and on a case-by-case basis. Responses to nonadherence to drug testing
requirements must take into account potential trauma history, such as when testing APPENDICES
triggers memories of sexual abuse.
6-20 A first dilute UA must be treated as an opportunity for education to ensure
participants know what causes a dilute UA and what to expect if they deliver dilute UAs in
the future. If continued dilute UAs are submitted, the participant must be given the
opportunity to go to a doctor to confirm that there is no underlying medical issue. If they
choose not to see a doctor or if the doctor comes back with no medical issue, then the
dilute should be treated as tampering—which should be treated like lying.
47 47
6-21 Tampering with drug test results should be addressed with immediate, graduated TABLE OF
sanctions similar to missed appointments or to dishonesty.
6-22 Sanctions must be implemented in a way for the participant to understand the
consequence of nonadherence to treatment court rules without being viewed simply as KC 2
punitive, i.e., participants are told what behavior the team expects of them and offered ATTORNEYS
support to accomplish it, rather than just being told the behavior they should not engage
in. Sanctions must be delivered without expression of anger, ridicule, foul or abusive ELIGIBILITY
language, or shame. Participants must not be returned to a lower phase and do not lose
previously earned incentives (e.g., privileges, points, or fishbowl drawings) as sanctions KC 4
because this can demoralize participants and lower their motivation.
6-23 Treatment courts must use jail/detention sanctions sparingly and with the intention DRUG TESTING
of modifying participant behavior in a positive manner. KC 6
a. Teams must take into account trauma history, medication, mental health
disorders, and other health needs and the potential impact of jail on participant
prosocial obligations (caring for family, employment, education, treatment) to JUDGE
determine whether jail is an appropriate response for any individual participant
behavior. EVALUATION
b. Jail/detention sanctions longer than 3-6 continuous days are outside of best
practices and must not be used. TRAINING
c. The treatment court must allow participants to communicate with a defense
attorney prior to the imposition of a jail sanction.
d. Outside the graduated responses to continued unsatisfactory participant
behaviors, jail is only used when the judge finds by clear and convincing APPENDICES
evidence that the restrictive consequence is necessary to prevent serious and
imminent harm to the participant or public safety and no less restrictive
alternative is available or reasonably likely to be adequate.
e. Juvenile: Detention must be used as a sanction infrequently and only for short
periods of time (2 days or less) when the youth is a danger to themselves or the
community, or may abscond. Youth under 18 are not held in adult jails, prisons,
detention centers, or correctional facilities.
f. Staff should arrange for participants to receive uninterrupted access to MAT,
psychiatric medication, and other needed services while they are in custody.
48 48
Phase Advancement and Program Exit Phase Advancement and Program Exit
6-24 Phase advancement must be predicated on the achievement of realistic and defined
behavioral objectives, such as completing a treatment regimen and remaining
drug-abstinent for a specified period of time. (See template, Appendix S.)
6-25 Team discussions about the phase advancement process must include input
from the treatment provider with expertise on assessing participant needs and proximal,
distal, and managed goals for participants. The treatment provider should provide regular
monitoring and reporting on participant progress and clinical stability; inform the team
when participants are prepared for phase advancement; and alert the team if a recurrence
of symptoms or stressors may have temporarily returned some goals to being distal.
6-26 To graduate, participants must have a job, be in school, or be involved in some
qualifying positive activity appropriate to the participant’s individual circumstances,
including appropriate Americans with Disabilities Act considerations.
6-27 To graduate, participants should have a sober and sustainable housing
environment that is conducive to recovery.
6-28 A period of approximately 90 days of abstinence (without requiring perfection)
from substances other than authorized medication (measured through negative drug
test results) must be expected before an adult participant is eligible to graduate from the
treatment court. Participants may be released from the treatment court with a designation
of “completed” if probation time has expired and they have not yet met the 90-day
abstinence requirement, but have completed all other conditions satisfactorily.
a. Juvenile: Youth who demonstrate a cumulative 90 days of negative drug tests
can be considered for graduation. Drug testing with youth is one of multiple
measures of progress contributing toward a decision about successful program
completion.
6-29 Participants may be unsuccessfully discharged from the treatment court if they
no longer can be managed safely in the community, they choose to voluntarily withdraw
despite staff members’ best efforts to dissuade the person and encourage further efforts
to succeed, or if they fail repeatedly to adhere to treatment or supervision/field support
requirements. CONTENTS
6-30 Participants must not be unsuccessfully discharged from the treatment court COLLABORATION
for continued substance use if they are otherwise adhering to their treatment and
supervision/field support conditions, unless they are nonamenable to the treatments KC 2
that are reasonably available in their community. If a participant is unsuccessfully
discharged from the treatment court because adequate treatment is not available, that KC 3
information must be provided to the sentencing judge upon remand and the participant ELIGIBILITY
must not receive an augmented sentence or disposition for failing to complete the
treatment court. TREATMENT
a. Juvenile: The JTC team should be prepared to respond to any return to
substance use in ways that consider the youth's risk, needs, and responsivity. KC 5
6-31 Unsuccessful discharge from the treatment court must occur with the approval KC 6
of the treatment court judge in collaboration with the treatment court team. The team
must carefully deliberate and choose unsuccessful discharge as a last resort, only after full KC 7
implementation of the treatment court’s protocol on behavioral contingencies (that is, the
team has worked extensively with a wide range of individualized incentives, sanctions, and KC 8
service adjustments to support and shape the participant’s behavior). EVALUATION
a. Participants must be notified in advance of any planned discharge hearing. KC 9
b. Discharge hearings should take place during the regular treatment court docket
or at a special time that is prior to the next regular treatment court docket. KC 10
c. The presiding treatment court judge must preside over the discharge hearing.
6-32 When a participant completes the terms of their participation in the program, and
consistent within statutory mandates, there should be some positive legal outcome (such
as reduction or dismissal of charges, early termination of supervision/field support, vacated
pleas, lifted fines/fees).
[binding.law: PDF page 51 withheld — the text engines read it differently]
c. Treatment courts with a larger caseload may operate with multiple primary
judges. In such programs, participants must be assigned to a specific primary
judge or cohort, and participants must consistently appear before their
assigned judge throughout their participation in the program.
Operational Standards Operational Standards
7-5 The judge must convene the necessary representatives from treatment systems,
community partners, and stakeholders to collaboratively develop, implement, and
manage the treatment court’s ongoing operations and achieve the treatment court’s
mission and vision. The judge must hold meetings of the operational team, guide the
team, and ensure that all members’ contributions are considered in reaching important
decisions. Other appropriate system representatives, such as child welfare, Veterans
Affairs, alumni/peer services, schools, etc., must be included as appropriate.
7-6 The treatment court judge and the treatment court team should serve as
treatment court advocates. They represent the treatment court in the community, and
in interactions with federal, state, and local governments, criminal justice agencies, and
other public forums.
7-7 It is recommended that the treatment court judge be assigned to the treatment
court on a voluntary basis.
7-8 The treatment court judge should serve a term of at least 2 consecutive years,
with longer terms being preferred.28 Consistency of the same judge for participants
correlates with better outcomes, therefore rotating/alternating judges should be
avoided. The treatment court team should include one primary judge and a second
judge trained in the treatment court philosophy and protocols to cover any status
hearings during the absence of the primary judge. It is recommended the second judge
also serve a term of at least 2 years to ensure better outcomes.
28 Finigan, M. W., Carey, S. M., & Cox, A. A. (April 2007). The Impact of a Mature Specialty Court Over 10 Years of
Operation: Recidivism and Costs: Final Report. NPC Research: Portland, OR.
7-9 The judge must complete annual training on judicial best practices in treatment TABLE OF
courts, including legal and constitutional issues, judicial ethics, achieving cultural CONTENTS
equity, evidence-based behavior modification practices, strategies for governing
program operations, and communicating effectively with participants and KC 1
professionals. The training ensures the judge is equipped to incorporate specialized
knowledge from team members into judicial decision making, including evidence-based KC 2
principles of substance use and mental health treatment, complementary interventions ATTORNEYS
and social services, community supervision practices, drug and alcohol testing, and
program performance monitoring. Additionally, the judge receives training on the ELIGIBILITY
unique needs of the population served, such as mental health, substance use disorders,
wellness services, child welfare, and any special legal and constitutional issues relative KC 4
to the court type.
7-10 When judicial turnover is unavoidable because of job promotion, retirement, DRUG TESTING
or similar reasons, replacement judges must receive training on best practices in KC 6
treatment courts and observe pre-court staff meetings and status hearings before RESPONSE
taking the treatment court bench. If feasible, replacement judges are assigned new
participants’ cases, while the predecessor judge oversees prior cases to discharge. JUDGE
7-11 The treatment court judge must make final decisions in factual disputes and KC 8
concerning the imposition of incentives, sanctions, or service adjustments that affect
a participant's legal status or liberty. These decisions are made after considering the KC 9
input of the other treatment court team members and discussing the matter with the TRAINING
participant and/or the participant's legal representative. The judge must rely on the
expert input of team members when making decisions requiring specialized knowledge SUSTAINABILITY
or experience, such as considering the perspectives of trained Treatment Professionals
when imposing treatment-related conditions. The judge must not order, deny, or alter APPENDICES
treatment conditions without first consulting expert clinical advice. Similarly, the judge
should rely on the expertise of trained supervision officers when imposing or adjusting
supervision conditions, such as the schedule of probation office sessions, home visits,
and drug and alcohol testing. The judge also ensures that participants’ due process
and legal rights are protected and must never interfere with the responsibilities of the
attorneys.
7-12 The treatment court judge must conduct pre-court staff meetings. At a
minimum, pre-court staff meetings must occur at the same frequency and in advance
of scheduled status hearings.
a. Juvenile: The JTC team should meet weekly to review progress for CONTENTS
participants and consider incentives, sanctions, and service adjustments
based on reports of each participant's progress across all aspects of the COLLABORATION
integrated case plan.
7-13 A regular schedule of status hearings must be used to monitor participant
progress. Ideally, status hearings should be held in person, with considerations for KC 3
the use of teleservices when appropriate.29 Some participants may do better virtually ELIGIBILITY
than in person (e.g., individuals with social anxiety, those who are disruptive in group
settings, or those who have family and work responsibilities) and others may benefit TREATMENT
more from in-person status reviews.
7-14 Participants must attend status hearings either weekly or every other week
while in the first phase of the treatment court, depending on the participant’s risk and KC 6
need. This schedule may continue through additional phases with the frequency of
status hearings adjusted based on participant’s needs and/or available judicial KC 7
resources. JUDGE
7-15 Status hearings must be held no less than once per month during the last phase EVALUATION
of the treatment court.
7-16 The judge must conduct court so all participants benefit by observation of
others as they progress (or fail to progress) in treatment. Virtual attendance at court SUSTAINABILITY
should be carefully considered in light of the participant’s phase, behavior responses,
and responsivity factors. APPENDICES
7-17 At status hearings, the judge must speak with each participant individually and
strive to spend at least 3 minutes with each participant.
7-18 The treatment court judge must engage in meaningful conversation with
the participant, focused on building a positive relationship and on topics to support
the participants' recovery. These conversations should occur with all participants,
regardless of whether they are doing well or facing challenges. The judge must interact
29 For the TJSP teleservice assessment, see https://treatmentcourts.nmcourts.gov/forms-files-list/
with the participants in a nonjudgmental and procedurally fair manner. The judge must
treat participants with respect and avoid using hurtful, humiliating, or inappropriate CONTENTS
foul or abusive language. By being engaging, supportive, and encouraging, the judge
works to build rapport with the participant. The judge emphasizes the participant’s KC 1
strengths and the importance of continued engagement in treatment and services.
The judge should develop a collaborative working alliance with participants to support ATTORNEYS
their recovery while holding them accountable for abiding by program conditions and
attending treatment and other indicated services. The judge encourages the participant KC 3
to discuss their progress, as well as challenges or unmet needs. The judge should offer
supportive feedback to participants, emphasize the importance of their commitment KC 4
to treatment and other program requirements, and express optimism in their abilities
to improve their health and behavior. The judge must allow participants a reasonable
opportunity to explain their perspectives concerning factual controversies and the DRUG TESTING
imposition of incentives, sanctions, and service adjustments.
For effective behavior modification, the judge must explain to the participant the
rationale behind the responses being delivered and reinforce any treatment adjustments KC 7
based on the clinical need as well as any safety interventions imposed. When delivering JUDGE
warnings or sanctions, the judge should express the therapeutic motive and stress that
these consequences serve rehabilitative goals. Because individuals are most likely to EVALUATION
recall the last thing that someone said to them (called the “recency effect”), the closing
message from the judge for each participant should be optimism about their future and KC 9
ability to get better with the team’s support.
7-19 If the judge is absent temporarily because of illness, vacation, or similar reasons, SUSTAINABILITY
it is recommended the team briefs the substitute judge carefully about participants’
performance in the program to avoid inconsistent messages, competing demands, or APPENDICES
inadvertent interference with treatment court policies or procedures.
Key Component #8: Monitoring and evaluation measure the
achievement of program goals and gauge effectiveness.
Please visit Appendix M for more information on program evaluation.
Data and Evaluation Overview Data and Evaluation Overview
8-1 For every fiscal year, the AOC will provide to the New Mexico Legislature
treatment court information defined as performance measures for all New Mexico
treatment courts. The data must be collected in two categories: all information to
determine whether treatment courts are meeting their mission, goals, and service
provisions, which measure strengths and weaknesses in every treatment court as
established by the AOC for all New Mexico treatment courts; and recidivism and
graduation rate, among other measures, which will be used for legislative budgeting
purposes.
8-2 The AOC will provide an annual report to the Supreme Court that includes, at
a minimum, performance measures by court type, state-level comparative analytics,
certification status by court, results of any program evaluations conducted, and
recommendations for enhanced program support.
Operational Standards Operational Standards
8-3 Each treatment court must use the Statewide Information Management System
specified by the AOC for collection of participant demographic and program activity
data. Programs are responsible for collecting all information necessary to calculate the
approved performance measures, along with all required data elements in the electronic
database. Additional guidance regarding data collection is available from the AOC-TJSP.
Programs are encouraged to collect additional data to meet their specific needs and
interests as local resources allow.
8-4 For every fiscal year, the treatment court program should provide local
stakeholders, including elected and/or Tribal officials, etc., with treatment court
information defined as performance measures for all New Mexico treatment courts.
8-5 The community should be educated about the treatment court program and how
Key 8
it is intended to contribute to family and community well-being. This can be done
through regular outreach efforts involving the district attorney’s office, public
defender’s office, law enforcement, and local recovery organizations.
8-6 Staff members and contractors (including treatment providers, field support
officers, etc.) must record information concerning the provision of services and in-
program outcomes within 48 hours of the respective events. Timely and reliable data
entry is required of each staff member and is a basis for evaluating staff job
performance. This expectation must be included in MOUs or contracts with partner
organizations.
8-7 Participant satisfaction and self-reported assessments must be regularly
monitored including at treatment court entry and discharge through the use of surveys,
such as exit surveys at the time of graduation or unsuccessful discharge.30
a. Self-report assessments may include determining whether participants
attained needed recovery capital (e.g., vocational training, financial
assistance, or greater access to supportive family relationships) or
experienced reductions in their psychosocial problems (e.g., improvements in
mental health or trauma symptoms, employment, education, or family
conflict).
b. Participant surveys should be analyzed to identify if there are differences by
cultural group.
8-8 A program self-assessment must be conducted annually to monitor adherence to
treatment court best practices. The BeST Assessment developed by NPC Research is
available. Programs wishing to complete the assessment should contact AOC-TJSP for
guidance.
8-9 Results from the BeST Assessment, participant surveys, review of participant
data, and findings from evaluations should be reviewed, discussed, and used annually
for program improvement to treatment court operations, procedures, and practices.
a. Until a program is certified, reviewing and using data for program
30 Participant surveys can be sent to participants via the participant phone application. Programs can develop their
survey in the AOC’s survey platform. Hard copy surveys can be mailed to the AOC. The AOC will collect surveys
and compile them to maintain participant confidentiality.
improvement should occur every 6 months.
8-10 The treatment court must actively collect and analyze program and partner
organization data to assess if disproportionality or disparities exist in treatment court KC 1
access, retention, treatment and other services received, treatment progress,
responses to behavior, outcomes achieved, and dispositions. KC 2
a. To ensure cultural equity, review and analyze data by race, ethnicity, gender,
sexual orientation, sexual identity, physical and mental disability, and KC 3
socioeconomic status, using the Statewide Information Management System. ELIGIBILITY
b. The team reviews the results and establishes any needed adjustments and KC 4
improvements. TREATMENT
c. If disparities are identified, confidential surveys or focus groups with KC 5
participants from sociocultural groups in the program are administered by an DRUG TESTING
objective and trained evaluator to help the team understand why the
program might not be achieving equity and identify promising solutions. RESPONSE
d. The treatment court develops a remedial action plan and timetable to correct
disparities and examines the success of the remedial actions. JUDGE
8-11 When feasible, an outcome evaluation should be conducted by an independent KC 8
and competently trained evaluator within 3 years of implementation of a treatment
court, and in regular intervals of at least 5 years thereafter. Treatment court participant KC 9
outcomes should be assessed for all eligible participants regardless of whether they TRAINING
graduated, withdrew, or were unsuccessfully discharged from the program and
compared to an unbiased group with similar opportunities to engage in substance use, SUSTAINABILITY
criminal recidivism, or other behaviors.
a. Treatment courts should ensure the BeST assessment is completed annually
so data on program practices reflect the same period that participant
outcomes are being measured to assist in interpreting the outcome results.
b. The treatment court should develop a remedial action plan and timetable to
implement recommendations from the evaluator to improve the program’s
adherence to best practices.
c. The AOC should work with a qualified, independent evaluator to conduct
appropriate evaluations of treatment courts, track performance and help
programs improve services, as funding permits. If needed, the AOC will
request funding to support regular, qualified evaluations.
d. The independent evaluator should have access to relevant justice system
and treatment information and maintain contact with treatment court team CONTENTS
members in order to provide information on a regular basis.
8-12 It is recommended that treatment courts participate in a peer review process.
Programs wishing to participate in peer review should contact AOC-TJSP for guidance KC 2
8-13 Treatment courts must develop and demonstrate material alignment with the KC 3
NM Treatment Court Standards by participating in quality engagement initiatives ELIGIBILITY
coordinated through the AOC, including but not limited to, program certification,
professional development, and other technical assistance. For more information about TREATMENT
certification, please see Appendix R and https://treatmentcourts.nmcourts.gov/forms-files-list/nm-drug-court-certification/. KC 5
8-14 Treatment courts must share data with the AOC-TJSP when requested for KC 6
monitoring, quality assurance, training, and technical assistance, including for use in
peer reviews and certification evaluations. These data include participant records in
the Statewide Information Management System, program data from staffing and court JUDGE
sessions, and program documents that describe practices, policies, and procedures.
AOC-TJSP will maintain confidentiality of data and will not publish or share any KC 8
identifiable participant data.
8-15 Treatment courts desiring to implement promising or innovative approaches TRAINING
based upon a reasonable foundation of related evidence may pilot these practices KC 10
as long as they have a solid operational plan for implementation and oversight that SUSTAINABILITY
incorporates data collection and evaluation. The operational plan and evaluation
methods must be shared with the AOC prior to implementation and updates must be APPENDICES
provided twice annually.
8-16 Treatment courts desiring to participate in or conduct research related to
their programs must submit a proposal to the AOC-TJSP. AOC-TJSP must review and
approve the research prior to the start of data collection to ensure that the rights and
welfare of individuals and communities participating in research are protected.
8-17 Treatment courts experiencing a material change to their program must notify
the AOC-TJSP. A material change means any change to the program’s team, systems,
resources, and/or processes that impact the program’s ability to meet its obligations
under the NM Treatment Court Standards. If the team has a question about what
qualifies as a material change, contact the AOC-TJSP.
8-18 Treatment courts that plan to discontinue operations must notify the AOC TJSP
as soon as they consider closing so that all options can be explored and a transition
plan can be developed. Ideally, this discussion should take place at least 1 year prior to
closing to provide enough time to stabilize active participants and connect them with
applicable services. Once a decision has been made to close, the program must not
accept new participants.
Key Component #9: Continuing interdisciplinary education promotes
effective treatment court planning, implementation, and operations.
9-1 The AOC-TJSP will coordinate with partner organizations/agencies (such as
the New Mexico Health Care Authority, etc.) to provide training for treatment court
team members on treatment court concepts and day-to-day operations.
Operational Standards Operational Standards
9-2 Each treatment court must provide orientation and ongoing training for all team
members. Also see 1-22e.
a. Each treatment court must act as soon as practicable to provide appropriate
orientation and onboarding training for new staff and team members. New
treatment court team members must receive formal orientation and role
specific training administered by previously trained treatment court team
members within 60 days of joining the team. Orientation covers team member
roles, their own professional responsibilities and ethics, the responsibilities
and ethics of professionals from partner organizations, confidentiality
requirements, and the expectation that new team members review the
program policies & procedures and New Mexico Treatment Court Standards.
Formal orientation can be supplemented with online webinars, trainings, and
conferences.
b. When team member turnover is unavoidable because of job promotion,
retirement, or similar reasons, it is recommended replacement team members
receive training on best practices in treatment courts and observe pre-court
staff meetings and status hearings before participating as an active team
member.
9-3 Treatment courts must address team member training requirements and
continuing education in their operations manual, in addition to the goals, policies, and
procedures of its treatment court and the basic role and functions of each team
member and their respective agency or program. Recommended training must be
approved by AOC-TJSP and align with state and national standards and practices
endorsed by All Rise and the Treatment Court Institute (TCI).
Kwy 9
9-4 All court staff or contractors providing direct participant support services CONTENTS
(treatment court coordinators, field support officers, court supervision officers, case
managers, etc.), must satisfactorily complete training on core correctional practices, as COLLABORATION
well as program management, supervision, and field support in a treatment court setting,
as necessary. KC 2
Continuing professional development for court staff or field support contractors
providing direct support services in the field (treatment court coordinators, field KC 3
support officers, court supervision officers, case managers, etc.) must be provided. It is
recommended that this professional development includes monthly coaching sessions
(e.g., reviewing skills and providing tailored feedback) to sustain efficacy and stay current TREATMENT
on new research findings.
9-5 Treatment court staff members should be educated across disciplines for
professional development, cultural responsiveness, and team building. See 7-9 for the KC 6
specific training requirements for treatment court judges. Training and education should
include the following topics: KC 7
1) the treatment court model
2) the purposes, processes, and limitations of each other’s agencies KC 8
3) team member decision-making
4) constitutional and legal issues in treatment court TRAINING
5) procedural fairness
6) basic legal processes and terminology SUSTAINABILITY
7) treatment court best practices
8) substance use disorder and addiction
9) screening/assessment
10) evidence-based drug and alcohol and mental health treatment
11) MAT and psychiatric medications
12) co-occurring disorders
13) development of integrated case plans
14) what clinical stabilization is
15) case management
16) complementary treatment and social services CONTENTS
17) behavior modification and incentives/sanctions/service adjustments KC 1
18) drug testing standards and protocols
19) confidentiality and ethics, including federal and New Mexico confidentiality KC 2
requirements and how they affect treatment court practitioners and
contractors KC 3
20) supervision/field support
21) recognizing implicit cultural biases KC 4
22) culturally responsive approaches for enhancing participants’ perceptions of
procedural fairness in the imposition of incentives and sanctions KC 5
23) key performance indicators of cultural equity in the program
24) how to enter data related to cultural equity RESPONSE
25) how to identify cultural disparities in program operations and outcomes,
including how to run and interpret cultural equity reports from the state MIS
26) how to correct disparate impacts for individuals who have historically KC 8
experienced sustained discrimination or reduced social opportunities
27) how to work effectively with participants across race, culture, ethnicity, KC 9
gender and sexual orientation
28) strength-based philosophy and practices KC 10
29) trauma, including:
a. trauma-responsive principles and practices, and trauma-informed care31 APPENDICES
b. trauma approaches to working with participants/families
c. historical trauma, multi-generational trauma, and cultural trauma
experienced by different groups
31 All operational team members receive formal training in trauma-responsive principles and practices. Trauma
responsive strategies should acknowledge and normalize participants’ reactions to trauma and provide support
and access to needed care. Trauma-responsive practices and policies also reflect an understanding of differences
between cultures. The treatment court and its partners should be aware of and sensitive to the historical,
multigenerational, and cultural trauma experienced by certain populations, including American Indians and Alaska
Natives, African Americans, Latinos/as or Hispanics, immigrants, and refugees. These past experiences can result in
fear, mistrust, and misunderstanding of the treatment court and its partners.
30) recovery capital
31) evidence-based health risk prevention measures, including naloxone CONTENTS
Additional training specific to court type: KC 1
a. Juvenile: adolescent development, developmentally appropriate juvenile
justice programming, family engagement KC 2
b. Healing to Wellness Court (HWC): Native American community customs
and traditions for addressing an individual’s behavior when it is not in KC 3
accordance with local standards ELIGIBILITY
c. Mental Health Court (MHC): staff, including defense counsel, should receive KC 4
special training in mental health issues TREATMENT
d. Veterans Treatment Courts (VTC): staff, including defense counsel, should KC 5
receive training about the VTC 10 Key Components32 and special training in DRUG TESTING
military culture and mental health issues
9-6 The treatment court team must attend professional development events, training
conferences, and workshops annually on treatment court best practices. Treatment KC 7
court teams should, to the extent possible, attend comprehensive training approved
by the AOC-TJSP and offered by state or national treatment court organizations. When KC 8
feasible, training sessions should be attended as a team with special attention EVALUATION
to the treatment court type.
9-7 The treatment court must use education and technical assistance to improve
operations and ensure services are delivered effectively. SUSTAINABILITY
32 https://allrise.org/wp-content/uploads/2022/07/10-Key-Components-VTC.pdf
Key Component #10: Forging partnerships among treatment courts, public agencies,
and community-based organizations generates local support and enhances treatment
court program effectiveness.
Operational Standards Operational Standards
10-1 Treatment courts must cooperate33 with the Supreme Court and the AOC to ensure
adherence to these standards. The Supreme Court will enforce adherence to these standards.
10-2 The treatment court must establish a Policy Committee (see definition in Appendix
A) to oversee the operations of the court, review its performance and outcomes, authorize
required changes to its policies and procedures, address access and service barriers,
commit additional resources or seek additional funding if needed, and establish a written
plan. The plan should address sustainability of the court’s operation, resources, information
management, and evaluation needs. The written plan must include implementation tasks
and time frames to ensure alignment with the NM Treatment Court Standards. The plan
should incorporate the goals of participant abstinence from alcohol and illicit drugs and the
promotion of law-abiding behavior in the interest of public safety. The Policy Committee
should meet quarterly during the early years of the program and at least semiannually
thereafter. Members of the Policy Committee are to be drawn from the participating
agencies. Recommended membership includes: prosecuting attorney, defense attorney,
33 NM Supreme Court Order No. S-1-AO-2024-00028, Required Implementation and Certification Processes for
Treatment Courts
A Policy Committee (also known as a Steering Committee) meets regularly to discuss program-level
policies or practices with membership from decision-makers from the partner agencies in addition
to the regular team members. The Policy Committee discusses policies and procedures, reviews
data, and makes changes for program improvement.
An Advisory Committee meets at least annually and brings in people representing the community,
including the business community, faith community, social services, nonprofits, and other partners.
The Advisory Committee builds community partnerships to increase access to services promote
sustainability enhance political support
Key 10
community corrections agency or juvenile probation department, the court, law
enforcement, child welfare, and treatment. The treatment court must define roles and CONTENTS
responsibilities of the Policy Committee in writing (typical policy committee responsibilities
include developing policy, providing guidance, and advocating for reforms). KC 1
a. Policy Committee members must receive an orientation and annual training
related to the key components and best practices in treatment courts. KC 2
10-3 Treatment courts should utilize other community-based services and treatment KC 3
providers who may be able to supplement treatment court services. ELIGIBILITY
10-4 The treatment court should organize an Advisory Committee (see definition in TREATMENT
Appendix A) consisting of representatives from the court, community organizations, law
enforcement, treatment providers, recovery community, health providers, social service DRUG TESTING
agencies, the business community, media, faith community, and other community groups.
They should be open to all interested parties, and the program should invite a broad KC 6
range of potential supporters to attend. It is recommended the Advisory Committee
meet quarterly to provide guidance to the Policy Committee and treatment court team.
No participant-identifying information is discussed during these meetings. Advisory JUDGE
Committees should be looked to for program guidance, fundraising, and resource
development to meet unmet needs of participants and other program challenges. KC 8
Treatment courts should consider whether the Advisory Committee members might
form an independent 501(c)(3) organization for fundraising purposes. The Advisory KC 9
Committee should provide opportunities for community involvement and inform interested
community members about the overarching goals and impacts of the treatment court,
gauge how the program is perceived by others in the community, solicit recommendations SUSTAINABILITY
for improvement, and learn how to efficiently access available services and resources.
The Advisory Committee should engage in outreach to prospective employers about the APPENDICES
benefits of hiring participants since they are closely monitored, receiving treatment and
other services, and assisted by the treatment court team in meeting job expectations (e.g.,
showing up, being on time, being professional, etc.). The Advisory Committee should hold
informational meetings, community forums, and other outreach so they can contribute to
and support the treatment court. The use of local media for community education, program
announcements, and to recruit funds and resources is recommended.
Appendix
APPENDIX TABLE OF
Appendix A: Definitions
Appendix B: Supervision/Field Support Officer Policies and Procedures
Appendix C: Confidentiality ATTORNEYS
Appendix D: Individuals with Violent Charges or Convictions KC 3
Appendix E: Contract Criteria for Treatment Court Treatment Providers
Appendix F: Drug Testing Protocols
Appendix G: Incentives, Sanctions, and Service Adjustments
Appendix H: Program Expenditure Guidelines KC 6
Appendix I: Code of Conduct for Treatment Court Team Members
Appendix J: Alumni Peer Groups and Services JUDGE
Appendix K: Operational Guidelines KC 8
Appendix L: Funding Standards
Appendix M: Evaluation of Treatment Court Programs
Appendix N: Adult Treatment Court Best Practices Standards (Summary) SUSTAINABILITY
Appendix O: Response Protocols for Unforeseen Challenges
Appendix P: Teleservices Policy and Procedures
Appendix Q: Referrals from District Court to Magistrate Court
Appendix R: Treatment Court Certification
Appendix S: 5-Phase Structure for Treatment Courts
Appendix T: Team Member Roles and Duties
App A
Appendix A: Definitions
Abstinence: The fact or practice of restraining oneself from indulging in something. In
treatment courts, abstinence is an overarching goal, and generally means avoiding KC 1
the self-prescribed use of all potentially addictive, intoxicating, or mood-altering
substances. Self-prescribed indicates that participants can’t use anything not KC 2
prescribed by the doctor. Avoiding recreational use means that, even if prescribed ATTORNEYS
by the doctor, participants may not use or misuse it to get high. This includes all
such substances, not just the category to which the participant is addicted. ELIGIBILITY
Adult Treatment Court Best Practice Standards: This publication provides definitions of KC 4
what constitutes a good treatment court rooted in evidence of effectiveness.
https://allrise.org/publications/standards/
Advisory Committee/Board: A group that meets at least annually and brings in people
representing the community, including business community, faith community, KC 6
social services/nonprofits, other stakeholders or other people who may be able
to promote sustainability, political support, and generate resources to meet KC 7
participant needs. This group does not make program policies. JUDGE
An advisory committee may serve many purposes, but one of the most important KC 8
is sustainability. Thinking in terms of linking community resources, community
partnerships will allow teams to access more services. Establishing relationships KC 9
with potential stakeholders (such as employers) can be a great way to establish buy TRAINING
in from the community as well as encourage their involvement. The team should
also explore any potential stakeholders in childcare, transportation, education or the
business or faith communities. Meeting at least annually allows committee members
to learn about the needs of the program and its participants and discuss ways APPENDICES
that resources can be generated to meet those needs. Meeting regularly can keep
partners engaged and able to respond to changing political or community contexts.
Including community members could result in expanded community understanding
and support of the program, as well as additional services, facilities, and rewards for
the program.
Agency: Any participating for-profit, non-profit or government agency that is involved
with a treatment court.
Alumni: Graduates of a treatment court program. Alumni can serve as mentors and support
people to active participants and as ambassadors for the program in the community.
Please see Appendix J for details about potential roles alumni can play and
suggested criteria for their involvement. Treatment court alumni are encouraged to
stay connected to their program by serving as alumni peers and to complete the CONTENTS
requirements to become Certified Peer Support Specialists (CPSWs).
AOC: Administrative Office of the Courts. State staff who support the functions of the
court system in New Mexico through ensuring funding, information technology,
training, and advocacy. State staff who specifically support treatment courts are ATTORNEYS
housed in the AOC.
AOD: Alcohol or other drugs.
Assisted Outpatient Treatment Court: A civil court program to facilitate the delivery of TREATMENT
community-based behavioral health treatment to individuals with a serious mental
disorder. Assisted Outpatient Treatment (AOT) is medically prescribed mental DRUG TESTING
health treatment that a patient receives while living in a community under the terms
of a law authorizing a state or local court to order such treatment. AOT (also KC 6
known as involuntary outpatient commitment, conditional release, and other
terms) involves petitioning local courts to order individuals to enter and remain KC 7
in treatment within the community for a specified period of time. AOT is a JUDGE
recognized evidence-based practice and is intended to facilitate the delivery of
community based outpatient mental disorder treatment services for individuals EVALUATION
with SMI that are under court order. The intention is to help a person who is not
likely to voluntarily obtain treatment receive services to help them live safely in the KC 9
community without court supervision.
Behavioral: Involving, relating to, or emphasizing how someone acts or behaves. SUSTAINABILITY
Behavioral Health: The promotion of mental health, resilience, and well-being; the APPENDICES
treatment of mental and substance use disorders; and the support of those who
experience and/or are in recovery from these conditions, along with their families
and communities.
Behavioral Health Court: A treatment court program established to meet the mental health
needs of participants and practicing under the NM Treatment Court Standards.
Breach: Breaking or failing to observe a law, agreement, or code of conduct. In treatment
courts, this term typically refers to the inappropriate or unauthorized sharing of
information, especially confidential information. Because treatment courts involve
records that are considered protected health information, confidentiality is
extremely important. Please see Appendix C for detailed information about
Confidentiality, including procedures for handling a breach.
Case Management: Assessment of participant needs and either providing services or
linking the participant to services to meet those needs. KC 1
Case Manager: The individual on the treatment court team responsible for assisting the
participant with stabilization and community supports, such as finding safe, stable, ATTORNEYS
and drug-free housing, identifying transportation options, and securing public
assistance. The case manager may also administer brief screening instruments KC 3
designed to identify participants requiring more in-depth clinical assessments. Case
manager responsibilities may be completed by one or more team members, such as KC 4
the coordinator, treatment provider, or field support/supervision officer. TREATMENT
Certification: The certification process is one element of an infrastructure designed to DRUG TESTING
assess the alignment of treatment court programs with best practices and the New
Mexico Treatment Court Standards. Criteria are set by the AOC. Certification will KC 6
help programs: Measure and ensure alignment with NM standards, use consistent,
research-based criteria for assessing quality, demonstrate congruence of programs KC 7
with legislative funding priorities based on evidence-based practices, identify areas JUDGE
for improvement, and inform the AOC of areas of needed resources, technical
assistance, and training. EVALUATION
Certified Peer Support Workers: Certified Peer Support Workers are people who have KC 9
been successful in the recovery process and help others experiencing similar
situations. Through shared understanding, respect, and mutual empowerment, peer KC 10
support workers help people become and stay engaged in the recovery process and SUSTAINABILITY
reduce the likelihood of relapse. Peer support services can effectively extend the
reach of treatment beyond the clinical setting into the everyday environment of those APPENDICES
seeking a successful, sustained recovery process.
Client: Also known as “participant.”
Clinical Case Manager: The individual on the treatment court team responsible for
administering a validated assessment instrument to determine whether participants
require complementary treatment or social services, providing or referring
participants for indicated services, and keeping the treatment court team apprised of
participants’ progress.
Cognitive Behavioral: Cognitive-behavioral therapy (CBT) is a form of psychological
treatment that incorporates strategies to change the way people think and act and
has been shown to be effective for a range of problems, including alcohol and drug
use problems and a range of mental illnesses. CBT interventions focus, sequentially,
on addressing substance use, mental health, and/or trauma symptoms; teaching
prosocial thinking and problem-solving skills; and developing life skills (e.g., time
management, personal finance, parenting skills) needed to fulfill long-term adaptive
roles like employment, household management, or education. CBT leads to significant
improvement in functioning and quality of life.
Commencement: Also known as graduation.
Competency: A person's mental capacity and/or decision-making abilities required to
participate in legal proceedings or transactions. Competency determination in
a legal context is the process of evaluating a person’s ability to understand the
proceedings and consult with their lawyer.
Complementary: Interventions other than substance use disorder treatment that
ameliorate symptoms of distress, provide for participants’ basic living needs, or
improve participants’ long-term adaptive functioning. Complementary services may
include housing assistance, mental health treatment, trauma-informed services,
criminal thinking interventions, family or interpersonal counseling, vocational or
educational services, and medical or dental treatment. This term does not include
restorative-justice interventions, such as victim restitution, supervisory
interventions such as probation home visits, or recovering-oriented services such as
peer mentoring.
Criminogenic: Likely to cause a person to engage in criminal behavior.
Defining Drug Courts: The Key Components: Also known as the “10 Ten Key
Components.” A publication providing a basic definition of what a drug court is.
https:/ /allrise.org/publications/defining-drug-courts-the-key-components-2/
Distal: Farther. In treatment courts, distal goals are longer-term, aspirational plans that a
participant needs to gain skills or practice in order to achieve. Distal goals often
need the participant to achieve shorter-term, proximal goals first.
Drug Court: See Treatment Court.
Drug Court Fund: The “drug court fund” is created in the New Mexico state treasury. The
fund consists of appropriations, distributions, gifts, grants, donations, and bequests
made to the fund and income from investment of the fund. The Administrative
C-D
Office of the Courts administers money in the fund to offset participant service costs
of treatment court programs, consistent with standards approved by the Supreme CONTENTS
Court.
DWI Court: A special type of treatment court specific to people who have been convicted
of Driving While Impaired (DWI). This post-conviction court system is dedicated to
changing the behavior of these individuals who are dependent on alcohol or other ATTORNEYS
drugs. The goal of the DWI court is to protect public safety by reducing impaired
driving. Some drug courts also take individuals with DWI charges – those programs KC 3
are called “hybrid” DWI courts or DWI/drug courts.
Eligibility: Participants are eligible according to policies and procedures established in each TREATMENT
treatment court and the statewide treatment court standards. An individual may
be eligible for a treatment court but may not be appropriate if they are unable DRUG TESTING
to understand the expectations and requirements of the court and treatment
providers, if they are assessed as being a danger to program staff or other KC 6
participants, or if the program does not have access to the level of care or other
services the person is assessed as needing. KC 7
Evidence-Based Practice: Strategies that have been shown through current, scientific
research to lead to a reduction in recidivism. EBP is a body of research done EVALUATION
through meta-analysis (a study of studies) that has provided tools and techniques
that have been proven to be effective at reducing recidivism. KC 9
Evidentiary Privileges: A person with evidentiary privileges cannot be compelled, as a KC 10
witness, to disclose certain information. They may also be entitled to prevent others SUSTAINABILITY
who share the privileged information from disclosing it. In the criminal justice
system, this concept is present in the relationship between a participant and their APPENDICES
defense attorney. However, in treatment courts, participants may grant permission
for sharing of privileged information as part of program participation.
Exclusion Criteria: Factors that are used to prevent someone from participating;
restrictions.
Family and Significant Other Counseling: Evidence-based family counseling interventions
have been developed for individuals with substance use and/or mental health
disorders. Most interventions use a broad definition of “family” that includes
biological relatives, spouses, partners, and other persons. Examples of family
counseling interventions include family psychoeducation, behavioral family therapy,
strategic family therapy, multisystemic or multidimensional family therapy, and
F-G
parent training and parent/child interaction therapy. Some interventions focus
primarily on teaching family members and significant others how to support the CONTENTS
participant’s recovery, which may be most effective early in treatment to reduce
family stress and leverage family members’ influence to motivate the participant KC 1
to engage in treatment and the treatment court. Other interventions focus more
on addressing dysfunctional family interactions and improving communication
and problem-solving skills, which are often most effective in later phases after ATTORNEYS
participants are psychosocially stable, have achieved early remission of their
substance use or mental health symptoms, and are better prepared to contribute to KC 3
counseling discussions.
Family Dependency Court: Also known as Family Treatment Court, Family Recovery Court, TREATMENT
Family Drug Court. Family Dependency Court is a juvenile or family court docket
of dependency cases (child abuse or neglect allegations) where parental substance DRUG TESTING
use disorder is a primary factor and parents risk losing custody of their children.
The goal of Family Dependency Courts is to engage parents in treatment and other KC 6
needed services; provide needed supports and services to the children; and ensure
a safe, nurturing, permanent home for children. KC 7
Field Support Officer: The treatment court team member(s) who extends the treatment
court program to the participant beyond the office/court setting, enhances the EVALUATION
professional alliance through contact in the community, evaluates the participant's
living environment to assess for additional services and supports, and ensures KC 9
program conditions are being met.
Graduate: Successfully complete the requirements of a treatment court; a person who has SUSTAINABILITY
successfully completed the requirements of a treatment court. Considered an
important step in (commencement to) the person’s next phase of recovery. APPENDICES
Graduation: The completion of the treatment court program, including all requirements
and phases. Graduation is recorded in program data as the last session, service, or
contact with the participant. Graduation, program completion, and commencement
are terms that may be used interchangeably. Graduation may be celebrated with a
ceremony, acknowledgment, honoring, or other event to recognize the participant’s
successful program completion. The graduation ceremony may occur after (on a
different date from) the participant’s last official date as active in the program.
High Need: Diagnosed clinical disorders or functional impairments including compulsive
substance use disorder, serious and persistent mental health or trauma disorder or
other significant treatment or social service needs, such as traumatic brain injury,
H-I
insecure housing, or compulsive gambling.
High Risk: Factor that increases the likelihood of a negative outcome. In treatment courts,
high-risk participants have a greater probability of failing on probation or KC 1
committing a new offense.
Incentives: A reward for following treatment court rules and making progress in treatment. ATTORNEYS
Incentives may be intangible, in the form of less restrictive reporting standards and
recognition/praise for progress and successes, or tangible, such as donated gifts KC 3
from the business community or private citizens, etc.
Informant/Undercover Agent: A person who is gathering information secretly, usually
about illicit activities, with the intention of reporting that information to an
authority. DRUG TESTING
Information Management System: A database or other system of collecting, storing, and RESPONSE
using data. In treatment courts, the information management system is a database
that keeps all of the information about program participants. Treatment courts KC 7
in New Mexico are expected to use the statewide treatment court information JUDGE
management system.
Juvenile Drug Treatment Court: Also known as Juvenile Drug Court. Juvenile drug
treatment courts are juvenile court dockets of youth with delinquency (criminal) KC 9
cases who have been identified as having a problem with alcohol or other drugs.
Juvenile drug treatment courts are treatment courts for youth under age 18 and KC 10
may continue to participate in a juvenile treatment up to age twenty-one (21) when SUSTAINABILITY
appropriate.
Lived Experience: Personal knowledge about the world gained through direct first-hand
involvement in everyday events. This term is often used to refer to a person’s
experience dealing with difficult circumstances such as having a mental health issue
or substance use disorder, being involved in the justice system, or being a member
of a minority or oppressed group. A person’s lived experience can help them be
understanding and supportive of others who are dealing with similar challenges.
Low Risk: Not likely to have a negative outcome. In treatment courts, low-risk participants
are those who are not likely to fail on probation or commit a new crime; they
typically need less intensive monitoring.
Multi
Managed Goals: Goals that have been achieved and sustained for a reasonable time. CONTENTS
Material Change: A change to a program’s team, systems, resources, and/or processes that KC 1
impact that program’s ability to meet its obligations under The Treatment Court
Standards. Examples include the ongoing lack of Judicial Officer involvement
in staffing and the court docket, unavailability of treatment services, ongoing ATTORNEYS
unavailability of defense counsel, change in coordinator or key leadership, etc.
Mental Health Court (MHC): A treatment court that diverts individuals with criminal
histories with mental illness into judicially supervised, community-based KC 4
treatment. A team of court staff, social services, and mental health professionals TREATMENT
work together to develop and implement integrated case plans.
Medications for Opioid Use Disorder (MOUD): Buprenorphine, methadone, and naltrexone
are used to treat opioid use disorders to short-acting opioids such as heroin, KC 6
morphine, and codeine, as well as semi-synthetic opioids like oxycodone and
hydrocodone. They operate to normalize brain chemistry, block the euphoric KC 7
effects of alcohol and opioids, relieve physiological cravings, and normalize body JUDGE
functions. These medications are safe to use for months, years, or even a lifetime.
Medications are used in combination with counseling and behavior therapies. EVALUATION
They can help sustain recovery and prevent or reduce opioid overdose.
Monitoring: The process of performing field support and case management activities,
particularly with respect to responses to participant behavior such as increasing KC 10
or decreasing supervision/field support requirements and increasing or SUSTAINABILITY
decreasing case management activities. Increasing supervision/field support
contacts and case management requirements provides key information to the APPENDICES
team about participant behavior that allows the team to respond appropriately
and also provides support to participants when they are struggling. Decreasing
supervision/field support contacts and case management requirements is an
indication that participants are improving and require less support. Monitoring
responses are not incentives, sanctions, or clinical treatment.
Multidisciplinary Team: A multidisciplinary group of professionals responsible for
administering the day-to-day operations of a treatment court, including
reviewing participant progress during pre-court staff meetings and status
hearings, contributing observations and recommendations within team members’
respective areas of expertise, and delivering or overseeing the delivery of legal,
treatment, and
Peer
probation/field support services (Hardin & Fox, 2011).
Need: In the context of treatment courts, needs are the areas that are missing for a
participant to be able to live a healthy life. The needs treatment courts are most KC 1
focused on are criminogenic needs, which refer to clinical disorders or functional
impairments that, if treated, substantially reduce the likelihood of continued engagement in
crime. ATTORNEYS
NM Treatment Court Standards: The guiding document for all treatment courts approved KC 3
by the New Mexico Supreme Court based upon national best practice standards
and research. KC 4
Participant: Also known as “client.”
Participating Agency: A collaborative partner organization that a treatment court team
member represents is a participating agency. Typically participating agencies KC 6
include the court, probation/parole (Department of Corrections), district attorney’s
office, public defender’s office, treatment provider(s), and law enforcement KC 7
agency(ies). Depending on the court type, participating agencies may include JUDGE
schools, child welfare, Veteran’s Affairs, or other organizations.
Peer: Peer support workers are people who have been successful in the recovery process
who help others experiencing similar situations. Through shared understanding, KC 9
respect, and mutual empowerment, peer support workers help people become and
stay engaged in the recovery process and reduce the likelihood of relapse. Peer KC 10
support services can effectively extend the reach of treatment beyond the clinical SUSTAINABILITY
setting into the everyday environment of those seeking a successful, sustained
recovery process. See Appendix J for information about the roles and guidelines for APPENDICES
incorporating peers into a treatment court.
Peer Review: A process that consists of peers (team members) from different treatment
courts observing one another’s programs to measure alignment to best practices,
highlight successful practices, address challenges, share ideas, and help identify
ideas for improvements. Peer Review aims to maximize adherence to established
best practices to improve participant outcomes and build connections between
staff in different programs.
Person-centered: An approach to recovery support services that is always directed by the
person participating in services. Support is personalized to align with the specific
hopes, goals, and preferences of the individual served and to respond to specific
P
needs the individual has identified.
Policy Committee: Also known as “Steering Committee.” A group that meets separately as
necessary from regular treatment court team meetings to discuss program-level COLLABORATION
policies or practices. Membership ideally includes leadership (someone with
decision-making authority) from the partner agencies in addition to the regular KC 2
team members.
Every program needs a dedicated time for the important decision-makers from the KC 3
partner agencies to get together and discuss policies and procedures, review data, ELIGIBILITY
and make changes that help the program improve. The policy committee may be
the same group as the team, but it must include the individuals from each agency TREATMENT
who have the authority to make decisions affecting their agency.
The group can also meet during regular team meeting times, but there must be DRUG TESTING
some distinction between the regular team meeting topics and policy committee
topics, which are program-level rather than participant level discussions and KC 6
actions.
Problem Solving Court: A problem solving court (also known as drug court, specialty court, JUDGE
treatment court, mental/behavioral health court, etc.), is a judicially overseen, team
managed court docket dedicated to reducing recidivism, substance use and/or EVALUATION
impact of problematic mental health symptomology while increasing wellness
& recovery through a case-managed care plan and focused judicial responses to KC 9
participant behavior.
Program Manager: Also known as Program Coordinator or treatment court coordinator. SUSTAINABILITY
The individual on the treatment court team responsible for coordinating activities
of the team on behalf of the judge, supervising participant engagement, collecting APPENDICES
treatment, field support, and supervision reports, and providing consolidated
reports to the team. The program manager may also administer brief screening
instruments designed to identify participants requiring more in-depth clinical
assessments. The program manager role may be filled by staff or contractors with
various job titles such as treatment court coordinator, supervision officer, program
manager, case manager, field support officer, etc.
Program Completion: Also known as graduation.
Prosocial: Behavior or activity that is positive, helpful, intended to promote social
acceptance and friendship, and supportive of a healthy lifestyle.
Proximal: Closer. In treatment courts, proximal goals are those that a participant has the
ability to achieve now.
R covery: There is now a growing consensus that recovery is a multi-factorial and non-
linear process, with the Betty Ford group defining addiction recovery as “voluntarily
maintained lifestyle characterized by sobriety, personal health and citizenship” ([1],
p. 222]). The Betty Ford definition also differentiates between ‘early recovery’ (of
up to 1 year), ‘sustained recovery’ (of between 1 and 5 years) and ‘stable recovery’
(of more than 5 years). A similar definition was developed by the UK Drug Policy
Commission, suggesting the possibility of non-abstinent recovery, which defined
recovery as “voluntarily sustained control over substance use which maximizes
health and wellbeing and participation in the rights, roles and responsibilities of
society” ([3] , p. 6]).”
https:/ /substanceabusepolicy.biomedcentral.com/articles/10.1186/s13011-020
00281-7#Abs1]
• Recovery, Early: Early recovery is an adjustment and learning period when a person
first begins their recovery, to about the first 6 months to 1 year. The first few
weeks can be a detox period. During early recovery, the person is undergoing
a total transformation in their life and learning a new way of living. It can feel
intimidating, confusing, and stressful. In the early stage of treatment, clients can
be emotionally fragile, ambivalent about giving up substances, and resistant to
treatment. Changes during this time can last a lifetime but relapse rates are high
during the first year. It is important to help participants know that early recovery is
especially hard and that recovery gets better and easier over time.
• Recovery, Stable: In the middle, or action, stage of treatment, clients recognize
substance use causes many of their problems and blocks them from getting
what they want. During this phase, clients need help managing the loss of their
connections with substances and finding healthy substitutes. They need guidance in
understanding and managing their emotional lives.
• Recovery, Sustained: Late stage treatment focuses on identifying treatment gains to
be maintained and risks that remain. People in sustained recovery focus on issues
of living, resolving guilt, reducing shame, and adopting a more introspective,
relational view of themselves. They learn to anticipate and avoid tempting situations
and circumstances that could set off renewed substance use. People in sustained
recovery create long-term goals, establish a consistent daily schedule, form social
relationships with people who do not drink or use drugs, participate in alcohol/drug
free recreational activities, and engage in meaningful activities. CONTENTS
Recovery Capital: Recovery capital refers to the internal and external resources and assets KC 1
that can be drawn upon to initiate and sustain recovery from substance use and
mental health disorders. Recovery capital includes physical recovery capital (i.e.,
tangible assets that support basic human needs, such as finances, transportation, ATTORNEYS
stable housing, personal safety, medical care, etc.), personal recovery capital (i.e.,
intrinsic assets and abilities, such as educational or vocational credentials, life skills, KC 3
motivation, etc.), social or family recovery capital (i.e., close social relationships that
provide emotional support, resources, motivation, and opportunities for leisure KC 4
activities), and community recovery capital (i.e., the availability of community
resources offering social, financial, or other assistance, access to prosocial role
models, and a safe environment). DRUG TESTING
Recovery-oriented: Building on the strengths and resiliencies of individuals, families, and KC 6
communities to achieve abstinence and improved health, wellness, and quality of
life for those with or at risk of alcohol and drug problems. This approach holds out KC 7
hope to those being served, partnering with them to envision and achieve a JUDGE
meaningful and purposeful life, empowering people to choose for themselves,
recognizing that there are multiple pathways to recovery. EVALUATION
Relationship-focused: The relationship between a team member, staff member, or peer KC 9
support person and the participant is the foundation on which support and services
are provided. The relationship is respectful, trusting, empathetic, collaborative, and KC 10
mutual. SUSTAINABILITY
Remedial Actions: A change to a behavior or situation that is not conforming to APPENDICES
expectations to address the shortcoming. For example, if a treatment court’s
policies, procedures, or outcomes are not aligned with the State Standards, the
program will be expected to develop remedial actions to address the issue and meet
the standard.
Responsivity Factors: Personal characteristics that can affect a person’s response to
treatment or interventions, such as lack of housing, withdrawal, anhedonia, mental
health symptoms, and cognitive impairments. Also called responsivity needs, they
must be addressed early in the treatment court program to allow participants
to remain safe, attend services, pay attention in sessions, and learn from the
counseling material.
Risk
Risk: Risk is something that increases the likelihood of a poor outcome. In treatment CONTENTS
courts, the term high risk refers to the likelihood that an Individual with a criminal
history will not succeed on standard supervision/field support and will continue to KC 1
engage in the same pattern of behavior that got him or her into trouble in the first
place. In other words, it refers to a relatively poorer prognosis for success in
traditional rehabilitation services. ATTORNEYS
Risk Factors: Something that increases a person’s chance of having a negative outcome. In KC 3
treatment courts, risk factors are characteristics that increase a person’s likelihood
of failing on supervision or committing a new crime. Key risk factors include prior KC 4
criminal history, negative peer associations, antisocial thinking patterns, and TREATMENT
conflictual family relationships.
SAMHSA: Substance Abuse and Mental Health Services Administration. A federal agency
that has resources and standards related to clinical treatment and provides funding KC 6
to some treatment courts through grant programs.
Sanctions: Consequences for undesirable behavior that are disliked by participants, such as JUDGE
verbal reprimands, increased supervision/field support requirements, community
service, or jail detention. EVALUATION
Serious Mental Illness (SMI): A mental illness that interferes with a person’s life and ability KC 9
to function. (SAMHSA)
Service Adjustments: Responses to participant behavior that help them develop the skills SUSTAINABILITY
and resources needed to achieve difficult (distal) goals. Service adjustments are
provided to participants with a compulsive substance use disorder, to establish or APPENDICES
reestablish clinical stability, until they are in early remission (at least 90 days
without clinical symptoms that may interfere with their ability to attend sessions,
benefit from the interventions, and avoid substance use. Supervision adjustments
are carried out based on recommendations from trained field support officers
predicated on a valid risk and need assessment and the participant’s response to
previous services. Treatment adjustments are predicated on recommendations from
qualified Treatment Professionals.
Service adjustments include:
• Monitoring/supervision adjustments (such as increasing or decreasing
supervision appointments)
Special
• Treatment adjustments (such as changing modality or level of care, TABLE OF
medication for addiction treatment, or specialized services [e.g., trauma CONTENTS
services, co-occurring services, bilingual services, culturally proficient
services]) COLLABORATION
• Other supportive services (such as health/dental care)
• Harm reduction responses (such as overdose-reversal kits, education on KC 2
safer sex practices, fentanyl test strips, emergency plans34, and education on
the Good Samaritan Law35) KC 3
• Learning assignments/teaching responses (such as thought journaling,
behavior chain exercises, and daily activity scheduling to develop time KC 4
management skills)
Specialty Court or Specialty Docket: a special court program established to address DRUG TESTING
community issues, but not meeting the definition of a treatment court.
Stable Recovery (see above “Recovery, Stable”) RESPONSE
Standards: The guiding document for all treatment courts approved by the New Mexico JUDGE
Supreme Court based upon national best practice standards and research.
Steering Committee: Also known as “Policy Committee.” A group that meets separately as
necessary from regular drug court team meetings to discuss program-level policies KC 9
or practices. Membership ideally includes leadership (someone with decision TRAINING
making authority) from the partner agencies in addition to the regular team
members.
Every program needs a dedicated time for the important decision-makers from the
partner agencies to get together and discuss policies and procedures, review data, APPENDICES
and make changes that help the program improve. The policy committee may be
the same group as the team, but it must include the individuals from each agency
who have the authority to make decisions affecting their agency. The group can
also meet during regular team meeting times, but there must be some distinction
between the regular team meeting topics and policy committee topics, which are
program-level rather than participant level discussions and actions.
34 Treatment Professionals should develop an emergency plan with participants and their significant others that prepares
them for how to respond effectively in the event of a drug overdose or other medical emergency, which should include
emergency phone numbers and other contact information to use for a medical crisis at a minimum.
35 For New Mexico’s Good Samaritan Law, see https://law.justia.com/codes/new-mexico/chapter-30/article-31/section
30-31-27-1/
SUD: Also known as Substance Use Disorder. Substance use disorders occur when the
recurrent use of alcohol and/or drugs causes clinically significant impairment,
including health problems, disability, and failure to meet major responsibilities at
work, school, or home. These illnesses are common, recurrent, and often serious,
but they are treatable and many people do recover.
Supervision: Previous terminology referring to the process of performing field support and
case management activities, particularly with respect to responses to participant
behavior such as increasing or decreasing supervision/field support requirements
and increasing or decreasing case management activities (also previously called
“monitoring”). Increasing supervision/field support contacts and case management
requirements provides key information to the team about participant behavior that
allows the team to respond appropriately and also provides support to participants
when they are struggling. Decreasing supervision/field support contacts and case
management requirements is an indication that participants are improving and
require less support. Supervision responses are not incentives, sanctions, or clinical
treatment.
Supervision Officer: Court or contracted staff that further the accountability of
participants by monitoring compliance with Court and/or program requirements
in a supportive and structured manner. Supervision officers attend staffing and
court to provide updates on participant progress and compliance with the team.
Their responsibilities may include screening for eligibility, conducting intakes and
administering risk/need tools, developing case plans, performing drug and alcohol
testing, conducting home or employment contacts, and monitoring curfew or
travel restrictions. They use a skills-based and motivational approach, following
the Core Correctional Practices and Motivational Interviewing models when
working with participants.
Supplemental Funding: Monies allocated from the drug court fund or other sources
Sustained Recovery (see above “Recovery, Sustained)
The 10 Key Components36 document provides a basic definition of what a drug court is.
Trauma-informed: A strengths-based approach to service delivery that emphasizes
physical, psychological, and emotional safety; and creates opportunities for
survivors to rebuild a sense of control and empowerment; and promotes healing.
36 https:/ /allrise.org/publications/defining-drug-courts-the-key-components-2/
available to the AOC for distribution in support of treatment court programs.
T
Treatment Court: (also known as Drug Court, Specialty Court, Problem-Solving Court, or CONTENTS
Mental/Behavioral Health Court) is a specialized court docket aimed at reducing
recidivism and substance use disorders while increasing participants' chances of KC 1
successful rehabilitation. This is achieved through early, continuous, and intensive
judicial oversight, treatment, mandatory periodic drug testing, and the use of
appropriate incentives, sanctions, and community-based rehabilitation services. The ATTORNEYS
program involves close collaboration between a judge and a community service
team to create a case plan, monitor the participant’s adherence to program KC 3
expectations, and respond with incentives, sanctions, and service adjustments.
These programs follow the Defining Drug Courts: The Key Components, and best KC 4
practices are aligned with the Adult Treatment Court Best Practice Standards and TREATMENT
New Mexico Treatment Court Standards.
Treatment Court Coordinator: Also known as program manager. The individual on the
treatment court team responsible for coordinating activities of the team on behalf KC 6
of the judge; supervising participant engagement; collecting treatment, field
support, and supervision reports; and providing consolidated reports to the team. KC 7
The treatment court coordinator may also administer brief screening instruments JUDGE
designed to identify participants requiring more in-depth clinical assessments. The
treatment court coordinator role may be filled by staff or contractors with various EVALUATION
job titles such as supervision officer, program manager, case manager, field support
officer, etc. KC 9
Treatment Court Team Member (TCTM): An individual participating on the KC 10
multidisciplinary team providing professional support to program participants and SUSTAINABILITY
consultation to the presiding judge.
Tribal Healing to Wellness Court (THWC)/Healing to Wellness Court (HWC): A treatment
court, often operated through Tribal jurisdiction or Native organization, that
integrates Native American community customs and traditions, substance use
treatment, and the criminal justice system to provide judicially supervised treatment
and other needed services, intensive supervision/field support, incentives and
sanctions, and drug testing.
Veterans Justice Outreach Specialist (VJO): Veterans justice outreach specialists are a key
team member in veterans treatment courts. They are independently licensed
clinicians, such as social workers or psychologists, who fill the treatment role
by assessing participants’ treatment needs, linking them with indicated care at
Veterans Affairs medical centers or other VA-approved programs, and keeping the
team apprised of participants’ progress.
VTC
Veterans Treatment Court (VTC): A treatment court program operating with awareness of CONTENTS
the unique strengths and needs of Armed Services veterans and providing support
through regular court appearances, mandatory attendance at treatment sessions, KC 1
and frequent and random testing for drug and alcohol use.
Young Adult Court: A young adult court is a program for individuals 18-25 years old who ATTORNEYS
have legal and social service needs. This is a specialty court focused on helping
young adults make a successful transition to adulthood. KC 3
Appendix B: Supervision/Field Support Officer Policies and Procedures
B-1 The court’s supervision/field support officer policies and procedures will
address, at a minimum:
a. Officer monitoring responsibilities, including, but not limited to:
1. Nature and scope of permissible and impermissible direct contact with
participants;
2. Frequency of office visits and other individualized contacts, which must
be held at least weekly until participants are psychosocially stable, with
frequency of contacts increasing or decreasing based on participants’
subsequent progress in the program;
3. Involvement with electronic monitoring devices;
4. Drug testing duties;
5. Verification of community service, employment, or education
requirements in the treatment court;
6. Nature, content, and periodicity of all reports required to document
supervision/field support activities (including documentation of
field visits). The Policy must also require reporting of any observed
contraband (and any action taken regarding contraband) as well as any
threat of physical confrontation; and
7. Whether their duties are to include field work and home visits (see
part b, below) or will be conducted solely from the court setting or
computer workstation.
b. If field work and home visits are part of the officer’s duties, the following
elements must be included in the court’s policies and procedures:
1. A clear definition of what is meant by “field work” and/or a “home
visit” (e.g., field officers should never attempt to provide counseling,
but should instead focus on assessing a participant's living
environment, overall well-being, and compliance with supervision and
court rules by conducting drug tests when necessary, verifying
curfew, etc.);
2. A clear statement that field work should ideally be conducted in
teams of two or more (see Practice 1 below) and the conditions, if
any, wherein visits may be conducted alone;
3. The process by which field visits will be scheduled, approved,
monitored, verified, and documented;
4. It is recommended that at least two field visits are conducted with
each participant within the first 2 months of the program and
App B
additional visits are conducted as needed to meet their individual
health and safety needs, as determined through a validated risk-need CONTENTS
responsivity assessment;
5. Any safety equipment (e.g., identification badge; body armor; KC 1
mobile phone, hand-held radio, and/or other device for emergency
communication; etc.) that will be provided by the court, and identify
the circumstances in which it must be used [Note: Tactical gear, such ATTORNEYS
as body armor, as well as identification jackets or badges, can create a
negative atmosphere in a community setting. Field clothing and safety KC 3
equipment should reflect the professional standards of the court or
county, be respectful of the client, and be consistent with the safety KC 4
need for the visit. The supervision/field support officer should have TREATMENT
some type of “identification” during a community visit and any safety
equipment authorized should be concealed by clothing to minimize DRUG TESTING
any negative stigmatization that may be associated with the gear. The
supervision/field support officer is an influencer of change and how KC 6
they present in a community setting can either help or hurt this
objective; KC 7
6. Safety procedures covering what the field officers should and should JUDGE
not do in all situations they may face in the field (e.g., what actions
to take if a nonadherent behavior or law violation is observed; when EVALUATION
to suspend a field activity, such as a home visit, due to threatening or
suspicious circumstances; what communication protocols to follow in KC 9
all circumstances, such as when law enforcement should be
immediately contacted; etc.). KC 10
i. If any self-defense tools (such as pepper spray) are authorized, the SUSTAINABILITY
Policy must provide for appropriate training in when and how to
use, as well as first-aid steps taken upon use; APPENDICES
ii. The Policy must prohibit the carrying and use of weapons capable
of inflicting deadly force or great bodily harm – court supervision/
field support officers must not be armed. Note: Nothing in this
section, or in a court’s policies and procedures created in response
to this section, must be construed to limit the statutorily allowed
powers (e.g., ability to arrest and carry a firearm) of certified
officers (i.e., certified law enforcement or New Mexico
Corrections Department [NMCD] adult probation officers) who
are fulfilling supervision/field support duties on behalf of a
treatment court.
c. Level of training or certification necessary for supervision/field support
officers, and the mechanism by which such training or certification will be
provided CONTENTS
1. All court staff and/or contractors providing direct participant support
services (treatment court coordinators, court supervision and field KC 1
support officers, case managers etc.) must complete an approved
training program (contact the AOC’s TJSP staff for approved training)
before conducting field work, which should include training on ATTORNEYS
trauma-informed supervision practices (e.g., procedures that minimize
unnecessary privacy intrusions, delivering sanctions and warnings KC 3
calmly and professionally, forewarning participants about procedures
that may cause anxiety or embarrassment, such as searches). A KC 4
supervision/field support officer who has not yet been trained may TREATMENT
accompany a trained officer for such activities, but must complete the
training within 12 months of initial hire; DRUG TESTING
2. The Policy must make clear what restrictions the training or
certification places on the court supervision/field support officers. KC 6
In all cases, the Policy must provide:
i. Court supervision/field support officers must not make an arrest; KC 7
ii. Court supervision/field support officers must not seize evidence JUDGE
to be used in a new criminal prosecution;
iii. Whether transportation and/or restraint of a participant is EVALUATION
permitted by the court supervision/field support officers and, if
so, under what circumstances. KC 9
d. The court staff attorney or the General Counsel of the Administrative Office
of the Courts must review the supervision/field support officer Policy of KC 10
every judicial entity. The Policy must not be put into effect until approved in
writing after legal review. Upon adoption of a Policy, each court must provide
a copy to the Therapeutic Justice Support Program at the Administrative
Office of the Courts.
Practice 1: When staffing resources make it difficult to perform field work in
teams of two or more, court supervision/field support officers who
have completed the required training, the treatment court must explore
the possibility of collaborating with other supervision/field support
resources, such as county compliance programs, Juvenile or NMCD
Adult Probation and Parole offices, local law enforcement, or the use of
approved electronic safety and support applications. The Policy must
outline permitted activities if field work is necessary but a partner is
unavailable (e.g., no home visits conducted alone, or what
circumstances would justify such visits). It must also detail how safety
ratings for field work are established and how those safety ratings
correspond to conducting work alone. CONTENTS
App C
Appendix C: Confidentiality
C-1 Confidential treatment court information and records include the participant's
identity, diagnosis, evaluation, prognosis, and treatment. COLLABORATION
Practice 1: For purposes of evaluation, audit, and reporting, treatment court KC 2
participants should be assigned and identified by a participant
number.
Practice 2: Confidential treatment court information and records do not include
standard court orders and those documents critical to court KC 4
functions, including, but not limited to the following: Judgment and
Sentence, Order Deferring Sentence, Judgment and Final Disposition, KC 5
Report on Treatment Court Violations, Remand Order, referrals and DRUG TESTING
reference to referrals in any of the above mentioned documents.
Practice 3: To avoid prohibited disclosure in court proceedings and court
documents of confidential information covered by the federal law or KC 7
these standards, treatment courts are encouraged to provide
language in the participant's release of information consent form that KC 8
information as to the participant's identity, entry into the treatment EVALUATION
court or nonadherence with the treatment court (e.g., positive
urinalysis, failure to attend therapeutic sessions) may be disclosed— TRAINING
and become a part of the public record—to the extent necessary and
pertinent in a probation revocation, initial disposition or sentencing KC 10
proceeding.
C-2 Confidentiality continues to apply to treatment court information and records
even when the participant has voluntarily or involuntarily left the treatment court.
C-3 Except as authorized by court order, or as authorized under standard C-11,
confidential treatment court information and records must not be used to initiate or to
substantiate any criminal charges against a participant or to conduct any investigation
of a participant.
Confidentiality - Security and Retention of Written and Electronic Records
C-4 Written records which are subject to these standards must be maintained in a
secure location and access to these records limited to authorized individuals. The
treatment court judge, in consultation with the treatment court team members, should
determine access authorization to secure written records. CONTENTS
C-5 Electronic data which are subject to these standards must be protected by KC 1
security walls and security codes. Access must be limited and disclosure/re-disclosure
must be subject to approval by the treatment court judge and team. (See Key KC 2
Component #8.)
C-6 Treatment courts must adopt written procedures and/or policies which regulate ELIGIBILITY
and control access to and use of written and electronic records which are subject to
these standards. TREATMENT
Practice 1: These standards apply to written and electronic records that may be KC 5
in the possession of or accessible to the court and court staff,
designated team members, treatment court contractors, and any KC 6
other entity identified by the treatment court team. RESPONSE
C-7 Once authorized access is obtained and initial disclosure permitted, the JUDGE
redistribution
of confidential information and records is not permitted, unless it, too, is authorized on EVALUATION
a limited, known basis.
Practice 1: Treatment courts must not only limit disclosure to authorized parties, TRAINING
but they must also limit the re-disclosure of confidential information and
records. SUSTAINABILITY
C-8 Retention of and destruction of treatment court records following graduation, APPENDICES
discharge, or exclusion from a treatment court should follow the record retention
and destruction schedules defined by Judicial Rules (NM Code R. § 16.10.17.10).
Medical records must be retained for at least 10 years after the date of last treatment
or the time frame set by state or federal insurance laws or by Medicare or Medicaid
regulation. Medical records for minors must be retained until the patient is 21 years
old. Treatment court team members who are contractors must return any participant
records to the treatment court coordinator or designated authority at the time of
participant completion or team member departure from the program.
C-9 Disclosure by Written Consent of Participant
a. A treatment court participant may consent to the disclosure and re -
disclosure of confidential records and information. Such consent must be in
written form and it must contain the following elements:
1. Specific name or general designation of the program or person
permitted to make the disclosure.
2. Name of the participant permitting disclosure; if a minor,
add parent/guardian/custodian.
3. Name or title of the individual(s) or the name of the organization to
which (re)disclosure is to be made.
4. The purpose of the (re)disclosure.
5. How much and what kind of information is to be disclosed.
6. Signature of participant; if a minor, the parent, guardian, or custodian
Practice 2: The participant should have ample opportunity to review the consent
form prior to signing.
Practice 3: If a participant cannot understand or read the English language, the
consent form must be translated to assist the participant with
language and/or comprehension.
Practice 4: Any treatment court participant may revoke a written consent to
disclose confidential information and/or records, but must be advised
that in doing so they are also indicating they are discontinuing their
involvement in the treatment court.
Practice 5: Treatment court team members and contractors may use and
disclose confidential information and records only to the extent
necessary to carry out their treatment court duties and job
assignments.
must also sign.
7. Date on which consent signed.
8. Date, event, or condition upon which the consent will expire. The
date, event, or condition must ensure that the consent will last no
longer than reasonably necessary to serve the purpose for which it
is given.
Practice 1: The consent form should list the treatment court team members to
whom disclosure is authorized.
Confidentiality - Limited Authorized Disclosures
Practice 6: At the time of admission, or as soon thereafter as the participant is CONTENTS
capable of rational communication, the participant must be given a
summary orally and in writing of the federal confidentiality laws and KC 1
regulations.
C-10 Disclosure Without Prior Participant Consent ATTORNEYS
a. Confidential participant information and records may be disclosed KC 3
without the participant's prior written consent under the following ELIGIBILITY
circumstances:
1. To report under state law an incident(s) of suspected child abuse and
neglect to appropriate state or local authorities. KC 5
To report to law enforcement the participant’s commission of a crime
on the premises of the treatment court or against treatment court KC 6
personnel or of a threat to commit such a crime. Communications are RESPONSE
limited to the circumstances of the incident, including the participant's
status, as the individual committing or threatening the crime, the JUDGE
name, address, and last known whereabouts.
2. To convey information to medical personnel to the extent necessary to KC 8
meet a bona fide medical emergency.
3. To convey information related to the cause of death.
4. To qualified personnel for the purposes of conducting scientific TRAINING
research, management audits, financial audits, treatment court
oversights, program evaluations, and reporting to the AOC-TJSP.
5. To protect against the threat to life or serious bodily injury.
Practice 1: Such personnel as identified above should not identify, directly or
indirectly, any individual participant in any report of such research,
audit, oversight, evaluation, or report.
b. Disclosure by Court Order. Treatment court judges may issue a court order for
(re)disclosure or use of confidential information and records but must do so in
accordance with the due process and procedures established under 42 C.F.R.,
Part 2, Subpart E, of the federal regulations.
Confidentiality and Accountability
C-11 Treatment courts must include in their policy and procedures information about
steps it will take, and who will take them, in the event of a known or possible breach of
confidentiality. Programs should consider various scenarios and conditions in preparing
these policies, including unintentional loss or theft of information (such as the
misplacing of a flash drive, theft of a laptop, or break-in to an office) as well as
intentional inappropriate or unlawful sharing of information (such as a team member
talking with a friend or family member about the details of a case).
Consequences of a breach may depend on whether the act was intentional, a result of
negligence, or out of the breaching party’s control. The consequence of breaching
confidentiality could range from upset program participants to fines or a lawsuit and
the party responsible could face disciplinary action or loss of employment.
C-12 Confidentiality disclosure violations, problems, concerns and issues must be
brought to the immediate attention of the treatment court judge, or other designated
authority who oversees the operation of the treatment court, who must resolve these
matters in a manner that protects the integrity of the treatment court and privacy
rights of the participant. If the breach involves the judge, notification must be made to
the chief judge of the district and the AOC-TJSP.
Practice 1: Whenever possible, the treatment court team members should
participate with the judge in mutually resolving issues of
confidentiality, disclosure and re-disclosure.
C-13 Federal regulations involving protected health information include the HIPAA
breach notification rule (42 CFR part 2, 164.400-414 37), which provides for training, a
process for making complaints, sanctions for workers who do not comply, and other
policies and procedures related to this topic. Individuals whose information has been
accessed or disclosed as a result of a breach must be notified as soon as possible
and no later than 60 days after the discovery of the breach. Breaches that involve
information of more than 500 residents of a state or jurisdiction must also notify media
outlets serving the state or jurisdiction.
Individuals who are concerned about a breach of confidentiality (if they feel the privacy
of their health information has been compromised) can be directed to the U.S.
Department of Health and Human Services Office of Civil Rights, which handles
complaints related to HIPAA. Complaints can be filed online at:
https://www.hhs.gov/hipaa/filing-a-complaint/index.html, through email at
37 https://www.law.cornell.edu/cfr/text/45/part-164/subpart-D
OCRMail@hhs.gov, or over the phone at 1-800-368-1019.
Any breach involving team member negligence or intentional disclosure must be
reported to the AOC-TJSP by emailing aoctc-grp@nmcourts.gov. This notification KC 1
ensures the state staff is aware of the issue and the program’s response in case they
are contacted about it.
App D
Appendix D: Individuals with Violent Charges or Convictions TABLE OF
D-1 An individual with violent charges or convictions is defined as a person: KC 1
a. Currently charged with or convicted of an offense during the course of which
1. The person carried, possessed, or used a firearm or other ATTORNEYS
dangerous weapon;
2. The person used force against another person; or KC 3
3. Death, or serious bodily injury, occurred to any person, without
regard to whether any of the circumstances described above is an
element of the offense or conduct of which or for which the person is TREATMENT
charged or convicted.
b. Has one or more prior convictions of a felony crime of violence involving KC 5
the use or attempted use of force against a person with the intent to cause
death or serious bodily harm. KC 6
Practice 1: In the event there is no provision to the contrary, the following
factors must be considered in determining if a candidate with a JUDGE
prior conviction or adjudication involving an act of violence may be
admitted to the treatment court. KC 8
a. The nature and character of the prior conviction.
1. The nature, seriousness, and circumstances of the prior KC 9
violent conduct. TRAINING
2. Whether the prior crime was committed because of an
unusual circumstance which is unlikely to recur. SUSTAINABILITY
3. The motivation for the prior criminal activity.
4. The extent of the candidate’s involvement in the prior APPENDICES
criminal activity.
5. The age of the prior conviction.
6. The candidate's acknowledgment of wrongdoing.
7. Any other circumstance which extenuates the gravity
of the crime even though it is not a legal excuse for
the crime.
b. The candidate’s criminal history.
c. The candidate’s background and life history.
1. The age of the candidate.
2. The candidate's mental or physical condition.
3. The family and/or community support available
to the candidate.
95 95
4. The effect of the prior conviction on the candidate and
his or her dependents. CONTENTS
d. The candidate’s acknowledgment of a need for
treatment. KC 1
e. Any circumstances in the candidate’s background that would
encourage inclusion of the participant into a treatment court. KC 2
App E
Appendix E: Contract Criteria for Treatment Court Treatment Providers
Contracts with treatment court treatment providers must contain the following points. In
addition, the treatment provider must provide the following documentation to the KC 1
treatment court.
E-1 The treatment provider must provide the treatment court with copies of all valid ATTORNEYS
and applicable business licenses and a State of New Mexico Taxation and Revenue
Department Certificate. ELIGIBILITY
E-2 The treatment provider operates in accordance with the State of New Mexico KC 4
Substance Abuse Counselor Act, chapter 61, Laws of 1996, HB 790: Article 9 of the
New Mexico Counseling Therapy Practice Board: section 61-9A-14.l. Substance Abuse KC 5
Counselors, Requirements for Licensure; and section 61-9A-21.l, Licensure without
Examination. KC 6
a. All other clinical providers must be appropriately licensed.
b. Providers must provide the treatment court with copies of all clinical staff KC 7
licenses (e.g., LSAA, LAADAC, LPPC, or other state-issued licensure to
provide treatment).
E-3 The treatment provider must maintain in force general and professional liability KC 9
insurance coverage in an amount determined by the treatment court. Evidence of TRAINING
coverage or verification of immunities and limitations of the New Mexico Tort Claims
Act Section 41-4-1, et. Seq, 1978, must be provided by the treatment provider to the
treatment court.
E-4 The treatment provider must be enrolled, or have applied for enrollment, with
NM Medicaid and eligible to bill treatment services, including an endorsement for IOP
services, to Medicaid.
E-5 The treatment provider's facilities must comply with the applicable fire and safety
standards established by the State Fire Marshal and health, safety and occupational
codes enforced at the state level.
E-6 The treatment provider's services and facilities must meet all requirements of
the Americans with Disabilities Act of 1990, and all applicable state and local rules
and regulations.
97 97
a. The treatment provider will provide services that meet the needs of Limited
English Proficiency (LEP) and deaf and hard of hearing clients through CONTENTS
the use of bilingual employees, translation and interpretation, and other
auxiliary aids and services. KC 1
b. The treatment provider will provide services that reasonably meet the
needs of clients with other disabilities. The treatment provider’s facilities KC 2
must be accessible to persons with disabilities. ATTORNEYS
E-7 The treatment provider must develop written policies and procedures that will ELIGIBILITY
ensure alignment with the New Mexico Treatment Court standards, the treatment
court requirements, and the scope of services. The treatment provider must provide KC 4
services in accordance with the written policies and procedures. Clinical staff will be
trained in the treatment court model. KC 5
E-8 The treatment provider must establish written rules governing the rights and KC 6
conduct of participants. The participant, and significant others, if applicable, must be RESPONSE
informed of the rules regarding admission, expectations of treatment, discharge, and
expulsion for participants admitted to treatment. Each participant, and where required JUDGE
significant other, parent and/or legal guardian, must sign these rules prior to or at the
time of admission. KC 8
E-9 The treatment provider must conduct clinical screenings and assessments using KC 9
validated tools appropriate for the service population.
E-10 The treatment provider must assure that participants meet the clinical criteria SUSTAINABILITY
for admission to the program as established in conjunction with the treatment court.
E-11 The treatment provider must obtain and have on file a consent for treatment
signed by each individual and where required by the parent or legal guardian.
E-12 The treatment provider must maintain a record on each participant, including
but not limited to assessments and treatment plans, progress notes, services provided,
attendance records and drug test results (if the treatment provider, as part of their
scope of work, performs drug tests on the treatment court participants)
E-13 The treatment provider must maintain participant records and participant
identifying information in a confidential manner, maintain an up-to-date consent for
release of participant information in accordance with State and Federal Regulations
(Title 42, Code of Federal Regulations, Part 2) and these standards. Participant
records must be kept secure from unauthorized access.
E-14 The treatment provider must maintain fidelity to an evidence-based treatment
model. Clinical staff must be trained in the model and receive weekly/monthly clinical
supervision to ensure fidelity.
a. Treatment providers must receive at least 3 days of pre-implementation
training on interventions, attend annual booster sessions, and receive
supervision from a clinical supervisor who is trained on the intervention.
E-15 When alcohol and drug testing is provided by the treatment provider or other
contractor, they must develop and implement a plan for random testing of participants
in accordance with the established scope of services and standards of the treatment
court, as described in the New Mexico Treatment Court Standards.
E-16 Treatment Professionals continually assess participants for mental health,
substance use, and trauma symptoms, inform the team when a participant has been
clinically stable long enough for abstinence to be considered a proximal goal, and alert
the team if exposure to substance-related cues, emerging stressors, or a recurrence
of symptoms may have temporarily returned abstinence to being a distal goal, thus
requiring service adjustments, not sanctions, to reestablish clinical stability.
E-17 The treatment provider must designate a qualified treatment professional who
must be present at all treatment court sessions to report on participants’ progress,
adherence to program expectations, etc. The staff member must be adequately aware
of the participants’ status to report accurately to the treatment court judge.
E-18 The treatment provider must provide a summary of participants’
assessments/reassessments, attendance at treatment sessions, progress, incident
reports, treatment plans, and a discharge summary at a minimum through the
information management system.
E 19 Treatment services and participant progress must be documented in the AOC-approved information management system as soon as possible, but no later than 48
hours post service delivery.
E-20 In support of comprehensive treatment for treatment court participants, the TABLE OF
treatment provider may establish a localized network of public and private agencies CONTENTS
through memoranda of understanding or other formal agreements to provide
supportive services as appropriate. COLLABORATION
E-21 The treatment provider must maintain fiscal records in accordance with KC 2
generally accepted accounting principles, State requirements and any contractual
specifications. KC 3
E-22 The treatment provider must participate in fiscal, operational or other audits as KC 4
required by the court or other authorized agency. TREATMENT
a. The treatment provider must report if they are the subject of an open KC 5
investigation for Medicaid/ insurance fraud, or if a therapist assigned to the DRUG TESTING
treatment court team is under investigation by the state of New Mexico or
federal certification and licensing board for any reason. RESPONSE
App F
Appendix F: Drug Testing Protocols
F-1 Drug test sample collectors should give the participant an opportunity to
admit to use. KC 1
a. Always ask three questions:
i. Have you used since the last time you were tested? ATTORNEYS
ii. Is there anything I should know about this sample?
iii. Will your test come back negative? ELIGIBILITY
F-2 Treatment courts that have participants who are not the same gender as drug test TREATMENT
collectors should explore community partnerships to broaden their pool of collectors.
Practice 1: When staffing resources make it difficult to collect urine specimens DRUG TESTING
observed by a collector of the same sex as the participant, the
treatment court should explore the possibility of collaborating with KC 6
other community resources, such as county compliance programs or
local law enforcement. Testing can also be scheduled in such a way KC 7
to ensure that appropriate staff are available for the participants JUDGE
who require testing (i.e., female participants can be scheduled for
drug testing at times to coincide with the availability of a female EVALUATION
collector).
[binding.law: PDF page 102 withheld — the text engines read it differently]
c. Gift cards
Practice 3: Service adjustments may be used as appropriate in conjunction
with incentives, such as: KC 1
a. Movement to a less restrictive treatment setting
b. Reduction in frequency of treatment sessions KC 2
Practice 4: The treatment court judge may employ graduated sanctions to
assist participants in adhering to the treatment court guidance. ELIGIBILITY
Sanctions may include but are not limited to: KC 4
a. Warnings from the bench TREATMENT
b. Increased frequency of court appearances before the
treatment court judge DRUG TESTING
c. Assignment to community service
d. Written assignments KC 6
e. Increased required meetings with case manager or
supervision KC 7
f. Required appearances before traditional forums, such as JUDGE
instruction by Tribal elders
g. House arrest, curfews, and electronic monitoring EVALUATION
h. Appropriate terms of detention according to the terms of
individual treatment courts KC 9
i. Extension of time in treatment court
Sanctions are delivered for infractions of proximal goals, are delivered for concrete SUSTAINABILITY
and observable behaviors (e.g., not for subjective attitudinal traits), and are delivered
only when participants have received clear advance notice of the behaviors that are APPENDICES
expected of them and those that are prohibited.
Practice 5:
In conjunction with sanctions, therapeutic interventions may be
used as appropriate, such as:
a. Reassessment
b. Increased frequency of alcohol/drug testing
c. Increased participation in outpatient individual
and/or group sessions (as assessed)
d. Commitment to community residential treatment for a
specified period of time (as assessed)
Team Response Decision Guidelines
104 104
105 105
App H
Appendix H: Program Expenditure Guidelines
H-1 Fees to support the operation of the treatment court may not be charged.
H-2 If the program has a fund balance from previous years based on collection of
fees it can only be expended for services, such as: ATTORNEYS
a. Treatment costs KC 3
b. Drug and alcohol testing
c. Training for treatment court team members
d. Childcare TREATMENT
e. Monitoring and field support services and equipment
f. Psychological screening and assessments KC 5
g. Medical screening and assessments
h. Assistance with transportation costs to the treatment court KC 6
i. Interpreter's fees RESPONSE
j. Temporary housing assistance
H-3 Any proposed expenditures not included on the above list (e.g., emergency
living expenses; treatment court incentives for participants, such as medallions; or EVALUATION
refreshments for graduation ceremonies) must first be approved by the AOC. If
approved by the AOC, applicable Department of Finance Administration guidelines KC 9
must be followed in relation to the proposed expenditure.
H-4 The core purpose of contingency management is the reinforcement of
positive behavior change and may take on a variety of forms. Contingency
management is intended to be used as a motivation for meeting treatment-related
goals and must be clearly tied to these therapeutic pursuits. Various types of
resources may be used for contingency management purposes, such as candy bars,
certificates, journals, medallions, etc. The following guidelines primarily
contemplate the appropriate use of contingency management resources of direct
monetary value, but the principles should guide all contingency management
expenditures.
a. Prior to expending any resources on contingency management, programs
must have a policy stipulating:
1) That the use of contingency management resources are only for the
maintenance and care of program participants; CONTENTS
2) That the standard use of contingency management is to
reinforce motivation for meeting treatment-related goals and will KC 1
typically include assets such as gift cards, gift certificates, and
whatever else the program will generally use. KC 2
3) The process by which all contingency management fiscal assets will be ATTORNEYS
received/procured, tracked, and disseminated (fish bowl, direct incentive
for phase advancement or generalized goal reached, etc.); ELIGIBILITY
4) The rationale for any specialized use of contingency management fiscal
assets, such as cash-value or gift cards or funds for emergency rental KC 4
assistance, utilities, food, assistance with household necessities,
etc., with an emphasis on the therapeutic value for the particular KC 5
individual receiving the asset (such as, "Provided assistance for a new DRUG TESTING
baby to support the continued recovery goals of the participant").
b. Special care should surround the use of fiscal assets, such as prepaid
debit and other cash-value cards. Since these cards are like cash and KC 7
have a high potential for diversion or misuse, they require significant JUDGE
documentation around storage and dissemination as well as oversight to
provide them primarily to participants who are in later stages/phases of EVALUATION
the program. Gas cards and certificates to specific restaurants, vendors, etc.,
are still considered fiscal assets, but are much safer. Since participants often KC 9
have other basic needs, a "pantry" system could be developed or the
treatment provider or other third party could coordinate donations to meet KC 10
those needs. Even though it may be technically allowable, it seems prudent to SUSTAINABILITY
not purchase these types of cards unless they are used strategically and
measures are taken to reduce the potential for misuse. APPENDICES
App I
Appendix I: Code of Conduct for Treatment Court Team Members (TCTMs)
I-1 At all times in the execution of all official duties, TCTMs must act in a
professional, respectful, and courteous manner. This duty extends to interactions COLLABORATION
with program participants and others with whom the TCTMs come into contact on
official duty, such as participants’ family, criminal justice and behavioral health KC 2
partners, and other TCTMs.
I-2 Unlawful discrimination, retaliation, and harassment toward a participant or other ELIGIBILITY
person are unacceptable; nor must retaliation against a person filing a complaint,
participating in an investigation or reporting such discrimination or harassment be TREATMENT
tolerated, even if there are no findings. Violations of these protections are grounds
for disciplinary action, termination of employment/contract, and/or reporting to local KC 5
law enforcement or other appropriate entities.
I-3 A TCTM, including a contractor or a judge who is aware of, or who is the subject
of discrimination, retaliation, or harassment has an obligation to immediately report it KC 7
to the Court. JUDGE
I-4 TCTMs are prohibited from having any undue familiarity or relationship with any EVALUATION
current or recently discharged treatment court participant or their immediate family
members, to include domestic partners or others who reside in the participant’s TRAINING
home, agents or close friends. This prohibition includes and extends to any
relationship that is outside of the professional staffing relationship, and includes KC 10
any personal business or financial transactions. In communities where business
relationships cannot be avoided during the term of program involvement, policy
should include guidance on appropriate disclosures of the relationship, professional
boundaries, and the process by which decisions will be made if concern over a
conflict of interest evolves.
I-5 TCTMs are prohibited from giving or accepting gifts or gratuities from a current
or former treatment court participantor their immediate family members, to include
domestic partners or others who reside in the participant’s home, agents, or close
friends. Court policy and procedures should address how to handle potential
exceptions to the general prohibition.
I-6 Court policy should address business and personal relationships with former
supervisees or their immediate family members, to include domestic partners or
others who reside in the participant’s home, agents, or close friends. Policy should
also define “former,” e.g., clarification between being out of the treatment court
program versus being off supervision altogether, and the amount of time post KC 1
program before a personal relationship is allowed, etc. COLLABORATION
I-7 It is strongly recommended that the court require all TCTMs to cooperate ATTORNEYS
fully with any inquiry or investigation in the event of an allegation of unlawful
discrimination, retaliation, drug or alcohol use, and/or harassment, or any perceived ELIGIBILITY
violation of the code of conduct, professional decorum, policy, and/or procedure.
I-8 The court should require contracted TCTMs to submit to drug or alcohol testing,
upon reasonable suspicion of on-duty drug or alcohol use, if the court has a KC 5
reasonable suspicion drug or alcohol testing policy in place for its employees.
I-9 Treatment court participant manuals must include a summary of the conduct RESPONSE
expected of the TCTMs followed by this reporting statement: “If you are aware of
any of these violations, please report it to a treatment court team member as soon as JUDGE
possible, or to the AOC’s Therapeutic Justice Support Program team by email at AOCTC-GRP@NMCourts.gov.” KC 8
I-10 Pursuant to the Americans with Disabilities Act (ADA), programs, services, and KC 9
other activities provided by a public entity to the public, whether directly or through
a contractor, must be accessible to persons with disabilities. KC 10
App J
Appendix J: Alumni Peer Groups and Services
Note: It is not recommended that Juvenile Treatment Courts develop Alumni Peer CONTENTS
Groups or services at this time.
J-1 Alumni peer support is the process of giving and receiving nonprofessional,
nonclinical assistance to achieve long-term recovery from substance use and mental KC 2
health disorders. This support is provided by trained individuals; Alumni Coordinators,
certified peer support workers, peer support specialists, recovery coaches with KC 3
varying training, certification) who have lived experiences to assist others in initiating ELIGIBILITY
and maintaining recovery. Based on key principles that include shared responsibility
and mutual agreement of what is helpful, this role engages in a wide range of TREATMENT
activities, including
• advocacy, KC 5
• linkage to resources,
• sharing of experience, KC 6
• community and relationship building, RESPONSE
• group facilitation,
• skill building,
• mentoring, and
• goal setting. KC 8
They may also
• plan and develop groups, services or activities, KC 9
• provide training,
• gather information on or develop resources, KC 10
• administer programs or agencies, SUSTAINABILITY
• educate the public and policymakers, and
• work to raise awareness. APPENDICES
J-2 Alumni peer recovery support is different from “mutual aid” recovery support
like 12-step recovery programs, which are informal, do not require training, and
provide a single path for recovery according to the specific group model. Also,
Alumni peer recovery support is not treatment, but it may be conducted in parallel with
formal treatment, and can occur across the full continuum of recovery, from entry to the
program to maintenance after the program is completed.
J-3 Core Competencies for Peer Support Defined by SAMHSA. Core Competencies
for peer workers reflect certain foundational principles identified by members of the
mental health consumer and substance use disorder recovery communities. These
competencies can be applied to the engagement Alumni peers have in treatment courts.
These are: CONTENTS
a. RECOVERY-ORIENTED: Peer workers hold out hope to those they serve,
partnering with them to envision and achieve a meaningful and purposeful COLLABORATION
life. Peer workers help those they serve identify and build on strengths and
empower them to choose for themselves, recognizing that there are multiple KC 2
pathways to recovery.
b. PERSON-CENTERED:: Peer recovery support services are always directed by KC 3
the person participating in services. Peer recovery support is personalized to
align with the specific hopes, goals, and preferences of the individual served KC 4
and to respond to specific needs the individual has identified to the peer TREATMENT
worker.
c. VOLUNTARY: Peer workers are partners or consultants to those they serve. DRUG TESTING
They do not dictate the types of services provided or the elements of recovery
plans that will guide their work with peers. Participation in peer recovery RESPONSE
support services is always contingent on peer choice.
d. RELATIONSHIP-FOCUSED: The relationship between the peer worker and KC 7
the peer is the foundation on which peer recovery support services and support
are provided. The relationship between the peer worker and peer is respectful, KC 8
trusting, empathetic, collaborative, and mutual.
e. TRAUMA-INFORMED: Peer recovery support utilizes a strengths-based KC 9
framework that emphasizes physical, psychological, and emotional safety
and creates opportunities for survivors to rebuild a sense of control and KC 10
empowerment. The full text of SAMHSA’s Core Competencies for peer SUSTAINABILITY
support can be found at
https://www.samhsa.gov/sites/default/files/programs_campaigns/brss_tacs/c
ore-competencies.pdf.
J-4 Organization of alumni peer support services in treatment court programs
a. Alumni groups must be established with judicial approval and operate according to
policies and procedures developed and recommended by the Alumni Coordinator(s)
and the assigned treatment court team members.
b. At least one treatment court team member must be designated to oversee the
alumni program and must receive approved training in the supervision and support of
Alumni in addition to the minimum training required of Alumni Coordinators.
c. Alumni self-help groups are recovery and/or program support meetings
facilitated under the guidance of the Alumni Coordinator or an approved
Certified Peer Support Worker (where there is not a conflict of interest with CONTENTS
participants). Attendees may include current treatment court participants and
Alumni members. For clarity of roles and expectations, the following KC 1
designations are used:
Provenance
- Source
- supremecourt.nmcourts.gov
- Retrieved
- 2026-09-30
- Edition
- 2026-09-30
- Content hash
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