DRUG TREATMENT COURTS. THE SUCCESSFUL CASE OF CHILE.

1. DRUG TREATMENT COURTS.THE SUCCESSFUL CASE OF CHILE. Catalina Droppelmann R. cdroppelmann@pazciudadana.cl Santiago, Chile

2. CHILE

3. 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.

4. 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 Prosecutor’s Office, National Defense Service (public/private). • New Procedural Code. • Introduction of regulated discretion: simplified procedures and diversion figures.

5. ¿ Why is it important to implement DTC’s 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.

6. Recorded Crime* Rate 1997-2006 (per 100.000 inhabitants) * Considers theft, robbery, assault, homicide and rape. Source: Ministery of Interior, 2006

7. + 6.5% Source: Chile, Anuario de Gendarmería, 2006

8. Source: World Prison Population List (7th edition)

9. N:1141839 Source: National Prosecutor Service, 2007.

10. 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

11. ADAPTATION AND APPLICATION OF THE DRUG TREATMENT COURTS IN CHILE

12. Implementation: Stages of the process Interinstitutional Project coordinated by: The Drug control Office The Prossecutor Office Fundación Paz Ciudadana

13. 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).

14. 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.

15. 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

16. Legal Context: Conditional suspension of theprocedure • Conditional suspension of the procedure • It´s 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.

17. 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 DTC´s in Chile.

18. 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.

19. 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.

20. Minimum elements to instal a DTC

21. DTC Team

22. 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

23. 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.

24. DTC Programs Growth of DTC´s in Chile At the end of 2008 we will have 18 courts working under the DTC model

25. Results Out of the program Total: 155

26. CHALLENGES

27. 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.

28. 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.

29. 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.

30. Showing the benefits of the DTC approach for each institution Government Home office Prosecutor Office Criminal Justice system Criminal Justice System NGO´s Home office Prosecutor Office Criminal Justice System NGO´s National Drug Control Office Health System

31. BEING FAITHFUL WITH THE DTC APPROACH

32. 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

33. 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.

34. FACING THE IDEOLOGICAL PREJUDICES

35. 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. Autodetermination 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?

36. Voluntarity Work Family problems Health problems Legal problems Couple problems Aviod negative consecuences of drug use Recrimination Guilty Anxiety

37. 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).

38. DRUG TREATMENT COURTS.THE SUCCESFUL CASE OF CHILE. Catalina Droppelmann R. cdroppelmann@pazciudadana.cl Santiago, Chile