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A Prospective from the Legal Profession: Opportunity for the Judiciary Judge Jodi

A Prospective from the Legal Profession: Opportunity for the Judiciary Judge Jodi Debbrecht Switalski Waterford District Judge Co-Founder RADEO. FACT: 1 in 100 U.S. citizens is now confined in jail or prison FACT: 80% of offenders abuse alcohol or other drugs

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A Prospective from the Legal Profession: Opportunity for the Judiciary Judge Jodi

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  1. A Prospective from the Legal Profession: Opportunity for the Judiciary Judge Jodi Debbrecht Switalski Waterford District Judge Co-Founder RADEO

  2. FACT: 1 in 100 U.S. citizens is now confined in jail or prison FACT: 80% of offenders abuse alcohol or other drugs FACT: 50% of jail and prison inmates are clinically addicted FACT: 60% of individuals arrested for most types of crimes test positive for illicit drugs at arrest FACT: 60-80% of drug abusers commit a new crime (typically a drug-driven crime) after release from prison

  3. WHAT DOES THAT MEAN?? Our prison population is EXPLODING! Imprisonment has little effect on drug abuse! Accountability is the key! FACT: Unless they are regularly supervised by a judge, 60-80% of addicted offenders drop out of treatment prematurely

  4. THE PUBLIC HEALTH CRISIS Since 2000, 770% increase in treatment for all opiates 250% increase in people receiving heroin treatment Since 2013, twice as many indictments against heroin dealers Last year, double the number of deaths from heroin overdose….

  5. THIS CRISIS DOES NOT DISCRIMINATE Taylor died August 31, 2013, after ingesting her uncle’s allegedly illegally obtained opiate prescription. Her mother died of a heroin overdose in July of 2013.

  6. So what do we do???? “We must address it as a public health crisis, providing treatment and support, rather than simply doling out punishment, claiming victory, and moving onto our next conviction.” - Vermont Governor Peter Shumlin 2014 State of the State Address

  7. DRAMATICALLY INCREASE TREATMENT

  8. CONVINCE DRUG USERS THAT GETTING HELP IS A BETTER PATH THAN ADDICTION

  9. COUPLE ENHANCED TREATMENT AND INTERVENTION WITH EVEN STRONGER, MORE COORDINATED LAW ENFORCMENT

  10. PREVENTION!!

  11. DRUG COURTS ARE: THE MOST EFFECTIVE JUSTICE STRATEGY ADDRESSING THE DRUG-ADDICTED AND MENTALLY ILL...

  12. DRUG TREATMENT COURTS Reduce Crime Save Money Ensure Compliance RESTORE FAMILIES

  13. VOLUNTARY EVIDENCE BASED TREATMENT ACCOUNTABILITY TEAM APPROACH

  14. “…the building blocks of a drug court.”-NDCI, The Drug Court Judicial Benchbook A Treatment Court.. UTILIZES THE 10 KEY COMPONENTS OF DRUG COURTS

  15. REVISED JUDICATURE ACT OF 1961 (EXCERPT) - Act 236 of 1961600.1201 Veterans treatment court; compliance; characteristics; memorandum of understanding; training; participants from other jurisdiction; validity of transfer. • A veterans court shall comply with the modified version of the 10 key components of drug treatment courts as promulgated by the Buffalo veteranstreatment court, which include all of the following essential characteristics: (a) Integration of alcohol, drug treatment, and mental health services with justice system case processing. (b) Use of a nonadversarial approach; prosecution and defense counsel promote public safety while protecting participants' due process rights. (c) Early and prompt identification and placement of eligible participants in the veterans treatment court program. (d) Provision of access to a continuum of alcohol, drug, mental health, and related treatment and rehabilitation services. (e) Monitoring of abstinence by frequent alcohol and other drug testing. (f) A coordinated strategy that governs veterans treatment court responses to participants' compliance. (g) Ongoing judicial interaction with each veteran is essential. (h) Monitoring and evaluation to measure the achievement of program goals and gauge effectiveness. (i) Continuing interdisciplinary education promotes effective veterans treatment court planning, implementation, and operations. (j) Forging of partnerships among veterans treatment court, veterans administration, public agencies, and community-based organizations generates local support and enhances veteran treatment court effectiveness. (2) The circuit court in any judicial circuit or the district court in any judicial district may adopt or institute a veterans treatment court by statute or court rule if the circuit or district court enters into a memorandum of understanding with each participating prosecuting attorney in the circuit or district court district, a representative of the criminal defense bar, a representative or representatives of community treatment providers, a representative or representatives of veterans service organizations in the circuit or district court district, and a representative or representatives of the United States department of veterans affairs. However, the memorandum of understanding will only be required to include the prosecuting attorney if the veterans treatment court will include in its program individuals who may be eligible for discharge and dismissal of an offense, a delayed sentence, deferred entry of judgment, or a sentence involving deviation from the sentencing guidelines. The memorandum of understanding also may include other parties considered necessary, such as any other prosecutor in the circuit or district court district, local law enforcement, the probation departments in that circuit or district, the local substance abuse coordinating agency for that circuit or district, a domestic violence service provider program that receives funding from the state domestic violence prevention and treatment board, a representative or representatives of the local court funding unit, and community corrections agencies in that circuit or district. The memorandum of understanding shall describe the role of each party, and the conditions for which the memorandum of understanding must be renewed and amended. (3) A court that is adopting a veterans treatment court shall participate in training as required by the state court administrative office. (4) A court that has adopted a veterans treatment court under this section may accept participants from any other jurisdiction in this state based upon either the residence of the participant in the receiving jurisdiction or the unavailability of a veterans treatment court in the jurisdiction where the participant is charged. The transfer can occur at any time during the proceedings, including, but not limited to, prior to adjudication. The receiving court shall have jurisdiction to impose sentence, including, but not limited to, sanctions, incentives, incarceration, and phase changes. A transfer under this subsection is not valid unless it is agreed to by all of the following: (a) The defendant or respondent. (b) The attorney representing the defendant or respondent. (c) The judge of the transferring court and the prosecutor of the case. (d) The judge of the receiving veterans treatment court and the prosecutor of a court funding unit of the veterans treatment court. Imd. Eff. Oct. 16, 2012 

  16. KEY COMPONENT #1 Integration of alcohol, drug treatment, and mental health services with justice system case processing.

  17. KEY COMPONENT #2 Use of a nonadversarial approach; prosecution and defense counsel promote public safety while protecting participants' due process rights.

  18. KEY COMPONENT #3 Early and prompt identification and placement of eligible participants in the treatment court program.

  19. KEY COMPONENT #4 Provision of access to a continuum of alcohol, drug, mental health, and related treatment and rehabilitation services.

  20. KEY COMPONENT #5 Monitoring of abstinence by frequent alcohol and other drug testing.

  21. KEY COMPONENT #6 A coordinated strategy that governs treatment court responses to participants' compliance.

  22. KEY COMPONENT #7 Ongoing judicial interaction with each participant is essential.

  23. KEY COMPONENT #8 Monitoring and evaluation to measure the achievement of program goals and gauge effectiveness.

  24. KEY COMPONENT #9 Continuing interdisciplinary education promotes effective treatment court planning, implementation, and operations.

  25. KEY COMPONENT #10 Forging of partnerships among treatment court, public agencies, and community-based organizations generates local support and enhances treatment court effectiveness.

  26. Eligible drug-addicted persons may be sent to Drug Court in lieu of traditional justice system case processing. 

  27. Drug Courts keep individuals in treatment long enough for it to work, while supervising them closely. For a minimum term of one year, participants are: provided with intensive treatment and other services they require to get and stay clean and sober; held accountable by the Drug Court judge for meeting their obligations to the court, society, themselves and their families; regularly and randomly tested for drug use; required to appear in court frequently so that the judge may review their progress; and rewarded for doing well or sanctioned when they do not live up to their obligations.

  28. Drug Courts Reduce Crime FACT: Nationwide, 75% of Drug Court graduates remain arrest-free at least two years after leaving the program.

  29. Drug Courts Save Money • FACT: Nationwide, for every $1.00 invested in Drug Court, taxpayers save as much as $3.36 in avoided criminal justice costs alone. • FACT: When considering other cost offsets such as savings from reduced victimization and healthcare service utilization, studies have shown benefits range up to $27 for every $1 invested. • FACT: Drug Courts produce cost savings ranging from $3,000 to $13,000 per client. These cost savings reflect reduced prison costs, reduced revolving-door arrests and trials, and reduced victimization.

  30. Drug Courts Ensure Compliance • FACT: Unless substance abusing/addicted offenders are regularly supervised by a judge and held accountable, 70% drop out of treatment prematurely. • FACT: Drug Courts provide more comprehensive and closer supervision than other community-based supervision programs. • FACT: Drug Courts are six times more likely to keep offenders in treatment long enough for them to get better.

  31. Drug Courts Restore Families • FACT: Parents in Family Drug Court are twice as likely to go to treatment and complete it. • FACT: Children of Family Drug Court participants spend significantly less time in out-of-home placements such as foster care. • FACT: Family re-unification rates are 50% higher for Family Drug Court participants.

  32. Our Veterans and the Opiate Epidemic….

  33. Facebook post: I wasn't really aware of the epidemic, until I started seeing posts by Judge Jodi Debbrecht......and then my neighbor upstairs....an 18 year old boy....was found dead of a heroin overdose. Guess it's time to become more educated on the topic. - January 22, 2014

  34. "Do not let your fire go out, spark by irreplaceable spark, in the hopeless swamps of the approximate, the not-quite, the not-yet, the not-at-all. Do not let the hero in your soul perish, in lonely frustration for the life you deserved, but have never been able to reach. Check your road and the nature of your battle. The world you desired can be won. It exists, it is real, it is possible, it is yours.“ Ayn Rand Quote for Overcoming Addiction

  35. judgejodi@radeo.org or jdswitalski@twp.waterford.mi.us (248) 618-7629 office

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