DRUG COURT PROGRAM and the COMPULSORY DRUG TREATMENT CORRECTIONAL CENTRE (CDTCC)

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DRUG COURT PROGRAM and the COMPULSORY DRUG
TREATMENT CORRECTIONAL CENTRE(CDTCC)
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DifferencesDrug Court CDTCC

• Both women and men can be referred
  ?
• Residing in Sydney Sth/Western and Western
  Council regions when last living in the community
  ?
• Referred - from District/Local Courts in limited
  Sydney Sth Western/Western Court locations
• - before sentence ?
• Finding of ineligible if propensity to violence
  in past referred offence is a matter of
  violence strictly indictable supply
  ?
• Referenced in the Drug Court Act as eligible
  persons ?

• Men only referred (working committee for a
  womens facility - 2011)
• Residing in the Sydney metropolitan Council
  regions when last living in the community
• Referred - from all Sydney metropolitan
  District/Local Courts
• -after sentence
• Persons ineligible if charged at any time with
  Murder/Manslaughter/
• Sexual Assault/Commercial Supply/Use of Firearm
• Referenced in the Drug Court Act as eligible
  convicted persons

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Screening ProcessDrug Court CDTCC

• Screened by DPP, before being placed in the
  ballot, on eligibility - S.5 of the Drug Court
  Act (eligibility of offences)
• If successful in the random ballot, receives a
  future mention date at Drug Court 2 weeks after
  ballot being run
• Screened for appropriateness at the mention date
  (antecedents) further eligibility issues of
  residential requirement mental health stability
  and drug dependency and eligibility of offences
  again reviewed
• If found eligible and appropriate, 2 weeks
  detoxification (i/c at the MRRC), treatment plan
  finalised and then an initial sentence date is
  set to be released onto the program
• Numbers limited on program by how many taken from
  the ballot up to 180
• Minimum of 4 weeks from being accepted by the
  random ballot to commencing program (up to 3
  months if a hearing)

• Screened by DPP once referred to the Drug Court
  on all legal criteria - S. 5A of the Drug Court
  Act
• Mental Health and Health assessment only after
  legal criteria meet (have to be assessed as able
  to reduce off methadone/buprenorphine safely)
• Multi-Disciplinary Team Assessment (takes into
  consideration background and any intelligence
  held by DCS which would see participant a risk to
  the CDTCC, escape history, violence, overdose,
  motivation to do the program)
• If a bed is available at the CDTCC, the order is
  made transferring their sentence to be served at
  the CDTCC
• Numbers limited by beds available in each
  Stage 35 beds Stage 1 35 beds Stage 2 and
  unlimited beds Stage 3.
• Minimum time to be moved to CDTCC from referral 6
  weeks (up to 4 months if a hearing)

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Drug Court challenges

• Plea of guilty or indication of a plea of guilty
  has to be made at referring Court but if they are
  successful in the ballet and accepted onto the
  Drug Court program, a plea of guilty has to be
  confirmed at Drug Court
• Best to ensure that all negotiations and
  amendments to facts are completed before referral
  to the Drug Court where possible as DPP generally
  not amenable to change facts and limited
  preparedness to negotiate due to time restraints
  short matters Court

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• Probation and Parole will do a home check and
  decide whether or not home is a suitable place
  to do the program
• Justice Health will decide whether participants
  do the program in the community or at a fulltime
  rehabilitation centre no choice
• If they want to come onto the program (or remain
  on the program) they can be forced to take
  medication as part of their treatment plan
• The Court can impose clauses as part of their
  treatment plan which sees a non-association with
  individuals
• No alcohol allowed on phase 1, at all times under
  .05 for other phases
• The Court can increase the judicial supervision
  of a participant, coming to Court more regularly
  (current control group within BOCSAR study group)
• Curfews and geographical prohibitions
• It is a more onerous program than a Home
  Detention Order or S. 12 Bond
• Will be under supervision for at least 16 months
  even if they Graduate (minimum 12 month program,
  smallest S.9 Graduation Bond 4 months)

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CDTCC Challenges

• Automatic parole periods no longer have any
  effect, S.18G of the Drug Court Act 1998
• No policies in place which sees breaches and
  anomalies with regards to a participants program
  very much at the administrative control of the
  CDTCC
• Unable to take clients with learning difficulties
  
• Housing suitability and approval for stage 3 and
  CDTCC parolees very stringent and more
  controlling than normal parolees
• All CDTCC parolees are supervised by the CCG of
  PP
• Most participants do not get parole when NPP
  expires some participants have completed full
  sentence at the CDTCC due to a number of issues -
  including no fault issues like housing
• 2-3 urine tests a week with random testing as
  well
• Parole conditions set by the Drug Court sitting
  as the State Parole Authority

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Positives of both ProgramsDrug Court CDTCC

• Access to Community Health resources
• Access to rehabilitation centres
• Access to counselling/psychologists
• Ability to have an opportunity to do
  rehabilitation instead of gaol time
• Pharmacotherapy is paid for
• Expectation of study or work in Phase 3 of the
  program
• Quashing of Habitual Traffic Offender
  Declarations at Graduation or at Substantial
  Compliance of the program

• CDTCC is an exceptional facility to do a fulltime
  sentence (library computers cooking facilities
  BBQs counsellors gardens gym with free
  weights educational courses at the centre
  (concreting brick laying landscaping)
• Great support so far as education and learning
  programs
• Have their own cell
• Early access to work and educational release in
  Stage 2
• Minimum security facility

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When should your client reconsider as an
optionDrug Court CDTCC

• If they have a sentence of 3 years or under, and
  would otherwise have automatic parole
• If they are on a high dose of methadone/buprenorph
  ine (other medications can also see clients not
  suitable)
• Must be able to adhere to a no tolerance of
  violence policy at the Centre towards fellow
  participants, Corrective Officers and other staff
  members
• If they wish to live outside of the Sydney metro
  area in near future
• If they have learning difficulties and their
  education is such they would not be able to
  participate in a NSW schooling equivalent of
  approximately Yr 6 Primary
• If the client has a history of domestic violence
  (recent and still in that relationship)
• DCS intelligence of association or affiliation
  with criminal gang or involved in matters of
  violence and/or drug trafficking during previous
  periods of imprisonment

• If client is likely to receive a short sentence
  (lt6 months)
• If there is a history of domestic violence and
  client wouldnt consider rehab or alternate
  accommodation
• DOCS issues can see problematic situations arise
  (regular drug testing whereas unlikely to be
  subjected to such scrutiny if in the community)
• If the client thinks the Drug Court is a quick
  easy escape to liberty
• If the client has outstanding matters of violence
  which will not be referred to the Drug Court and
  or other matters which he/she is bail refused on
  (also S.12 Bond breach where original offence is
  a matter of violence)
• If the client has an extensive history of violent
  matters (including matters which have been
  withdrawn/dismissed)
• If there are serious matters of violence to be
  referred to the Drug Court (Drive Manner
  Dangerous also included)

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Drug Court program and CDTCC Recent Developments

• DRUG COURT PROGRAM
• - Recent Drug Court decisions of Bruce and
  Hilzinger, widen the scope of offences which Drug
  Court can deal with. Now offences where there is
  a violent event alluded to in facts but the
  charge itself does not have an element of
  violence can be dealt with at the Drug Court.
  (DPP are currently preparing an Appeal/Review to
  the Supreme Court for Prerogative Relief in both
  matters)
• - Bureau of Crime Statistics and Research
  (BOCSAR) currently looking at the effect of
  increased judicial supervision (random selection
  of two study groups)
• - Sharon Davis of ABC Radio National currently
  recording a radio documentary about the Drug
  Court
• CDTCC
• - Policies are soon to be created in relation to
  the CDTCC to cover issues such as Parole and
  offences on program (similar to the existing Drug
  Court program policies)
• - Evaluation report by BOCSAR due out in
  June/July 2010

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Current participants atDrug Court
CDTCC

• Awaiting entry onto program 22
• Phase 1 55
• Phase 2 54
• Phase 3 44
• 2009 ballot referrals 248 accepted 232
• Graduates for 2009 42
• (57 at F.S. received no further time
  in custody)
• Graduates for 2010 28

• Awaiting entry into the Centre 11
• Stage 1 32
• Stage 2 28
• Stage 3 14
• 2009 referrals 77
• (approx. 50 accepted)
• 2010 referrals 30
• (15 accepted)