THE ROLE OF COMMUNITY SUPERVISION IN DRUG AND DWI COURTS HELEN HARBERTS Porter93@msn.com
Who does community supervision? • Based on the jurisdictional reality, and the program design, there are a variety of agencies which can perform the function, either alone, or in conjunction with others.
Common Supervision Agencies • Probation • Parole • Police, sheriff • Pre-trial • Court marshals • Community supervision officers • And expanded to reach everyone with a badge and time to help.
Best Practices? • Use every resource you have available to you to enhance community supervision. Join forces under a central case manager and extend your reach!
How Is Community Supervision Different in Drug Court? For some, it may not be. For most, it provides the essence of “good old fashioned probation”. The model uses the strengths of each discipline on the team. It uses graduated incentives and sanctions, closely connected to the difficulty or good conduct, to achieve change.- It is like COPS or POPS policing
Why do community supervision? • Public safety: otherwise these folks might be in custody. • Identify and address barriers to success in the home and work environment. • Extend the eyes and ears of the treatment team into the community. • Note that addiction and criminality do not work government hours. We need to push toward 24/7 supervision.
The target population demands community supervision! • As research evolves, we are focusing on higher end participants and getting into the field, with close monitoring of desired, and undesired behavior + proximal and distal behaviors is CRUCIAL • The responses to DWI offenders MUST be different than run of the mill drug court folks.
Who is High Risk?* Assessment driven decision! Quickie list of likely candidates: • Age during treatment < 25 years • Drug use onset < 14 years • Criminal onset < 16 years • Prior treatment failures • History of violence • Anti-Social Personality Disorder (APD) • Psychopathy (APD + NPD) **** • Familial history of crime • Criminal associations • Drug dependent
Marlowe’s Risk Need Matrix RISK HIGH LOW High See prior slide: these are the problem solving court folks! High accountability High treatment needs Treatment Minimal supervision NEEDS See these folks rarely on a status calendar if there is a problem. This is mostly prevention, early intervention work(bank caseload) Abstinence is proximal Use tools to promote rapid compliance. High accountability These are probation folks LOW
Addicts versus Abusers…Proximal and Distal Goals are not the same! Abstinence is a distal goal Drug Dependence or Addiction • Binge pattern • Cravings or compulsions • Withdrawal symptoms Drug Abuse or Misuse Collateral needs Dual diagnosis Homelessness, chronic unemployment Chronic medical condition (e.g., HIV+, HCV, diabetes) } Abstinence is a proximal goal } Regimen compliance is proximal
Field Supervision is critical • Office work is important, but it is not a substitute for field visits, home visits, search and testing in the field. • NPC Research has demonstrated via research that field service matter, and directly impact cost savings and outcomes.
“ I can tell more about a client’s needs in 5 minutes at their house than in a 90 minute session at my office” (Deputy Probation Officer) • Catch them doing something right! Report it to the team immediately for incentives.
Assess the Recovery Environment • obtain baseline information which will allow you to measure progress and identify patterns of relapse. • *ASAM recovery environment
Can they work your program? • Are their lives in chaos? • Are there things you need to know? • Are they following the Court’s orders? • Is there anything that treatment providers and the Court need to know about the recovery environment?
Is the home safe? • How do you know? • Self report? • How often are probing questions asked? • Do you use motivational interviewing to get details? • Do they feel “safe” telling you? • Do they even know there is a problem? • Do you believe they understand the concept of a “recovery environment”?
Basic needs MUST be addressed • You cannot work treatment and recovery if you are not getting basic needs met. • If you do not have them met, they become the proximal goal in Court.
Are there public safety issues that exceed the client alone? • Dependent adults? • Dependent children? • Family violence? • Methamphetamine labs?
Is this only about “gotcha”? • NO! The most important goal is to catch them doing something right!
Improved dimensions of recovery • Increased organization • Better problem solving • House lighter, cleaner • Fewer “fuzzy” dishes • Evidence of structure • Reduced chaos • Treatment and medication compliance
Remember! • Field services protect the public • AND they protect the participant • They enhance refusal skills • They help keep “creepy people” at bay • And they proved crucial information to treatment, and support the treatment professional’s work.
Field Services • The team needs to reach pre-determined responses to discovered violations. • A “bright line” policy for some matters. • A discretionary policy for others. - Swift communication of actions taken to facilitate both court responses and treatment responses to observed conduct in the field.
Field Services • Frequent. • Random. • Announced and unannounced. • Invited.
Timing of Field Visits and Field Testing • There is nothing better to promote accountability for the entire team and the client than a probation officer showing up with a test cup unexpected at any reasonable hour. Field services SUPPORT recovery effort under way.
Timing • Non governmental hours…they know when you work…and when you don’t! • “Celebration syndrome” & “last test before report” syndrome.
Timing • Specialized curfews. • Area limitations after certain times. • Tied to specific “triggers” for each client (e.g.: pay day, family events, tragedy in a family, holidays, loss of job, happy events).
Home Family members homes Associates hangouts and homes School Work Bar checks Community and general positive and pro-social activities Catch them doing right! Where should you go?
Safety Issues • Unsavory associates, former associates, or family members may be inside the residence. You cannot assume officer safety EVER. For all you know, a recent parolee with outstanding warrants has dropped by, or there is a crime in progress inside (sales, manufacturing, domestic violence).
Home visits Reach out and show your clients that you’re thinking of them!
Safety Issues • Try to know who may be in the house during office interviews and announced visits. Observe house layout, or if there are nasty dogs.
Teaming up • Sworn and unsworn officers. • Teaming with other law enforcement. • Treatment providers visiting with you. (Announced and invited visits only).
Client Interaction • Enlist the family, friends, and significant other parties as part of the recovery process. • Always behave in a professional manner, conducting respectful home visits and searches. No “tossing”. Discuss the ground rules for behavior before going in if you have additional officers with you who are not familiar with the process. It is your client, and your search. You call it.
Considerations • Uniforms and marked cars? • Low profile gear? • Body armor? • Balance of safety with consideration for offender’s home and children.
Information Gathering/ Continued Assessment • This is an opportunity to assess baseline conditions, and measure change. • You can identify existing or emerging barriers to success. You can work a solution to the barrier into your case plan.
Information Gathering/ Continued Assessment • Field service allows you to assess safety of the home for the occupants. • You can note issues which need to be addressed by the treatment team.
Information Gathering/ Continued Assessment • It is critical to praise, identify positive work and report good news even faster than negative news. • Part of your goal is to catch participants doing right! You may provide them the incentive to just make it “one more day”.
Home Visit vs. Search • Know what you can, and cannot legally do in your jurisdiction. • Be aware of high risk situations. • Your command presence should control the situation. Prepare ahead. • Establish the lead officer before you approach the search site. Your judgment must control how you respond within the search site.
What to look for… • The recovery environment…and if it is changing from bad to good…or good to bad. • Sudden changes… • Evidence of life skill problems • “SAFE” environment is a subjective concept.
How about those cell phones? • AM Nov 18 6:23pm Theyre randomly yesting me tnite • AM Nov 18 6:25pm IM in grop • AM Nov 18 6:27pm Plese bring to basement bathroom • AM Nov 18 6:27pm Plzzzzzzzzzzzzz • S Nov 18 6:29pm Ok • AM Nov 18 6:29pmHit me up when ur down there ill walk out • AM Nov 18 6:30pm How long bro • AM Nov 18 6:30pm Ok • S Nov 18 6:30pm Like 20 • AM Nov 18 6:34pm Im in the bathroom in the basement plz hurry im trippin out • S Nov 18 6:35pm Leavin hollies rite now • AM Nov 18 6:36pm Shit whats ur eta from there • S Nov 18 6:37pm 15 • S Nov 18 6:38pm Shuld I wait in basement bathroom • AM Nov 18 6:38pm Plz tell me u gotta vial to pissi in • S Nov 18 6:38pm Ya • AM Nov 18 6:42pm Put the vial of piss in bathrroom trashcan • AM Nov 18 6:42pm I gotta go bak to geoup9 hit me up when its dun • S Nov 18 6:54pm Its in the trash • AM Nov 18 6:54pm thanks • S Nov 18 6:56pm Careful the top doesn't seal good
How about those cell phones and computers? • Internet cache • Sales receipts for internet purchases of inappropriate products. • Facebook, Google+, photos in cache often tell a different story than we hear in court.
Facebook helps catch another dumb criminal Police in Burlington, Vt., arrested Ryan Jarvis, 25, on a charge of retail theft. And the only evidence they really had was that Jarvis' fiancee was showing off a $3,199 engagement ring in her Facebook photos. Several of Amber Lafountain's friends — well, three, but it's Vermont — recognized it as the ring that had been stolen from the local Zales, reports the Burlington Free Press. Police say Jarvis saw the ring while shopping, considered financing options . . . then just ran out of the store with it. "He advised he knew it was a stupid thing to do," Officer Jesse Stewart said. Almost as stupid as posting photos of stolen merchandise on Facebook. Facebook monitoring
By April, convicted robber James Tindell clearly was fed up with attending drug treatment, making his monthly court appearances and checking in regularly with his probation officer – conditions he'd accepted to avoid a lengthy prison sentence. So, on his Facebook page and on the pages of his friends – many of whom he met through court – he began posting nasty messages to the Multnomah County judge who sentenced him and writing taunts to his probation officer. "Fresh out of another state," he wrote April 20, "Catch me if you can." Seven days later, he signed an expletive-filled rant about the criminal justice system: "the 1 who got away." Tindell's probation officer, Todd Roberts, was intent on proving Tindell wrong.Got him via Facebook.
How about those cell phones? • SF B Chic Nov 18 3:29pmR u getting anything in la? • SF B Chic Nov 18 3:35pmCan we go in on the deal. If I got 4 would u get 2 so we could do the 540 • SF B Chich Nov 18 3:45pm Toats (drug deal on cell phone while in group)
Are there other problems? • Signs of use • Signs of tampering • Signs of problems with relationships • Signs of new occupants • Signs of bad associates they need help with. • Case management threats that require different approaches. • Things they forgot to mention…
Signs of LLPOF • Search for signs of other criminality or deception.
And people you didn’t know about…… • Unsafe or unsavory associates have to go. • Officer safety is paramount. • People, places and things that undermine recovery have to go.