DRUG TREATMENT COURTS. THE SUCCESSFUL CASE OF CHILE.

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DRUG TREATMENT COURTS.THE SUCCESSFUL CASE OF
CHILE.
Catalina Droppelmann R. cdroppelmann_at_pazciudadana.
cl Santiago, Chile
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CHILE
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Fundación Paz Ciudadana (FPC)

• Is a non-partisian, non-profit organization
  founded in 1992.
• FPC works in close collaboration with
  governmental and non-governmental institutions,
  as well as with the media and renowned
  professionals from the public and private
  sectors.

MISSION
Contribute to reducing crime and fear of crime by
providing technical support to the formulation
of the relevant public policies and transfering
knowledge and work methodologies to tackle the
problem.
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Criminal Justice System in Chile

• 2000-2005 radical criminal justice reform
• Transformation from an inquisitorial and written
  system to an adversarial and oral procedure.
• New institutions Public Prosecutors Office,
  National Defense Service (public/private).
• New Procedural Code.
• Introduction of regulated discretion simplified
  procedures and diversion figures.

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Why is it important to implement DTCs in Chile?

• Crime has been rising for the last decade.
• Prison population has been increasing.
• High prison population rate, by international
  standards.
• Drug offenders represent 9 of the prison
  population, and 1 of recorded crime.
• 67 of arrestees tested positive for any illegal
  drug, and 60 for cocaine.

arrested for theft, robbery, assault, homicide
and rape.
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Recorded Crime Rate 1997-2006 (per 100.000
inhabitants)
Considers theft, robbery, assault, homicide and
rape. Source Ministery of Interior, 2006
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6.5
Source Chile, Anuario de Gendarmería, 2006
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Source World Prison Population List (7th
edition)
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N1141839 Source National Prosecutor Service,
2007.
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Arrestees Drug Abuse of arrestees who tested
positive in urinalysis for
arrested for thefts, robberies, assaults,
homicides and rapes.
Source FPC, I-ADAM in Chile, 2005
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ADAPTATION AND APPLICATION OF THE DRUG TREATMENT
COURTS IN CHILE
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Implementation Stages of the process
Interinstitutional Project coordinated by The
Drug control Office The Prossecutor
Office Fundación Paz Ciudadana
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Implemetation Stages of the process

• Research in 2003/04 FPC considers the
  feasibility of introducing DTC in Chile and
  analyses the legal framework first international
  contacts and publications were made.
• Raising awareness in 2004 and 2006
  international experts visited Chile and in 2005 a
  Chilean delegation participated at the NADCP
  Conference.
• Model adaptation - pilot projects Valparaíso
  (2004), South Santiago (2005), Downtown and North
  Santiago (2006).

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Implemetation Stages of the process

• Stages of the process (cont.)
• Expansion/ gaining institutional support
  national working group on DTC (2006) special
  quota at treatment programs, public funding to
  support the pilot projects.
• Operation Local initiatives since 2004 that
  have become official Government pilot projects
  since 2007.
• Follow up and evaluation gathering data and
  looking at the process.

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In wich stage of the legal process do the DTCs
operate?

• The contact with Justice could be an opportunity
  to provide treatment to offenders with drug
  problems.
• There have to be different alternatives in all
  thE stages of the criminal justice process in
  order to give a response to offenders with
  different needs.

DETENTION
LEGAL PROCEDURE
PRISION SYSTEM
POST PRISION SYSTEM
DRUG TREATMENT COURTS
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Legal Context Conditional suspension of
theprocedure

• Conditional suspension of the procedure
• Its allowed for offenders without any previous
  criminal records and risking penalties below 3
  years of prision.
• The measure allows regular hearings, in which the
  conditions might be modified.
• The judge cannot impose periods of incarceration.
• If the participant commits another crime or
  violates the conditions the measure can be
  revoked.
• If it is fulfilled, the original charges are
  dismissed.

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Gaining institutional support

• The institutions involved in the program sign a
  statement of support
• Supreme Court.
• Ministry of Justice.
• National Drug Control Office.
• Prosecuttor Office.
• Defendant Attorneys National Office.
• Fundación Paz Ciudadana.
• These institutions participate in a
  interinstitutional workshop that cares for the
  expansion and look for terms agreements to
  promove the DTCs in Chile.

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Coordination of the National DTC Project
A small operative group cares for the
implemetation process and gives support for the
programs. It is composed by Conace (National
Drug Control Office) Gives finantial support for
treatment and for court liason proffesionals.
Cares about treatment and clinical screenning
process. Prossecutor Office Coordinates the
legal aspects of the project. Hire the court
liason and ccordinated each program by the
coordinators in every local program.
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Coordination of the National DTC Proyect
(cont) A little operative group cares for the
implemetation process and gives support for the
programs. It is composed by Fundación Paz
Ciudadana Make awareness with projects that are
starting. Gives technical support, train judges,
prosecutors and defendant attorneys. Supervise
the impmentation process. Makes process and
impact evaluations and ensure that the project
grows with fidelity to the DTC approach and their
key.
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Minimum elements to instal a DTC
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DTC Team
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Procedures
Unsuitable
Continue the regular process
Legal evaluation
Suitable
First Drug Assessment (Suspiction of drug abuse)
Drug abuse
- Drug abuse
2nd Drug Assessment Confirmation of Drug abuse
Reports
Confirm
Descart
Pre-court meetings to discuss the cases
Judge decree the CSP and establishes the work
plan
First Hearing
Finish of the cause /Charges dismissed
Graduation
Follow up hearings
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DTC Programs

• There are DTC programas in 2 cities
• Valparaíso DTC in 1 court.
• Santiago downtown DTC in 6 courts.
• Santiago south DTC in in 4 courts.
• 2008 proyects
• Iquique DTC in 1 court.
• Antofagasta DTC in 1 court.
• Santiago west DTC in 1 court.
• Santiago east DTC in 3 courts.

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DTC Programs
Growth of DTCs in Chile
At the end of 2008 we will have 18 courts working
under the DTC model
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Results
Out of the program
Total 155
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CHALLENGES
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Challenges

• The expansion has to be faithful with DTC
  approach.
• Current institutional support.
• Accountability al least of one institution.
• Exploring other legal tools to expand the program
  to more offenses.
• Counting with reinsertion programs and work
  offers for graduates.

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Challenges

• Creating a DTC national public policy without
  forgetting the differences between the
  communities.
• Making good evaluations in international
  standars.
• Having continuous training for the operators of
  the system.
• Share experiences with other countries.

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Challenges

• The principal challenge is that the institutional
  goals do not interfere with the expansion of the
  project.
• Criminal Justice System Reduce recidivism.
• Health (treatment services) Promote mental
  health by attacking the drug use.
• How to create accountability in a project in
  which a lot of institutions are involved?
• It is easier from the local level.
• Personal commitment of the operators of the
  system is very important.

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Showing the benefits of the DTC approach for
each institution
Government
Home office Prosecutor Office Criminal Justice
system
Criminal Justice System NGOs
Home office Prosecutor Office
Criminal Justice System NGOs
National Drug Control Office Health System
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BEING FAITHFUL WITH THE DTC APPROACH
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The expansion of the program has the problem of
converting it in a simple diversion to treatment.
What we know?
The sucsses of DTC is realated to the Key
components, speccially with the role of the
judge and the suppervision
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Challenges related with the Key Components

• Working with a non-adversarial approach.
• Professionals specialized in DTC with work time
  assigned to the program.
• Trust between treatment and justice.
• Incorporate the tools from the motivational
  interview to reduce the rate of desertion.
• Improve coordination between treatment and court
  working with a few of treatment providers.
• Incorporate drug screening.
• More training for judges.

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FACING THE IDEOLOGICAL PREJUDICES
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Voluntary
DTC are a voluntary alternative, that allows
entereing a treatment program instead of the
traditional proccess Coersion An institutional
presure to enter into treatment. Autodeterminatio
n theory People under coersion could be affected
in their basic need of autonomy, that could
interfere the interest and participation in a
treatment program. What motivates people to
entre into a treatment program?
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Voluntarity
Work
Health problems
Couple problems
Legal problems
Family problems
Aviod negative consecuences of drug use
Recrimination
Guilty
Anxiety
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Voluntarity

• Research
• The perception of coertion affects speccially
  people who do believe that they do not have a
  drug problem.
• The compulsory treatament can create the feeling
  of coertion, but it does not necessary affect the
  motivation to tretament.
• Reseach shows the same outcomes in decrease drug
  use in treatment under coertion and tretament for
  general population out of the legal context.

Wild, T., Newton-Taylor, B., Alletto, R. (1998).
Stevens, A. (2005).
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DRUG TREATMENT COURTS.THE SUCCESFUL CASE OF
CHILE.
Catalina Droppelmann R. cdroppelmann_at_pazciudadana.
cl Santiago, Chile