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									   BALTIMORE CITY
DRUG TREATMENT COURT




         STEP UP
                         AND OUT
          SUBSTANCE ABUSE TREATMENT AND
                EDUCATION PROGRAM




 PROCEDURES MANUAL
                             TABLE OF CONTENTS


INTRODUCTION ...................................................................................................................4

VISION AND GOALS .............................................................................................................5

ELIGIBILITY CRITERIA .......................................................................................................6
      General Eligibility Criteria
      Prior Drug Treatment Court Participants
      Other

SCREENING AND REFERRAL PROCESS ...........................................................................8
     District Court Cases
     Circuit Court Cases

ASSESSMENTS ....................................................................................................................11

ENTRANCE PROCESS .........................................................................................................12
     Selection
     The Entrance Process
     Supervision Tracks

STEP PROGRAM PROCEDURES .......................................................................................14
      Step One – The Bottom
      Step Two
      Step Three
      Step Four
      Step Five
      General Provisions

THE DRUG TREATMENT COURT JUDGE .......................................................................16
     Pre-Call of Docket
     Entering Defendants Into The STEP Program
     Progress Conferences
     Incentives and Sanctions
     Return to Court after Service of a Bench Warrant
     Termination Criteria

INCENTIVES AND SANCTIONS .........................................................................................19

SUPERVISION              ....................................................................................................................21

TREATMENT AND SERVICES ...........................................................................................22


                                                                                                                                                  2
          Treatment Providers
          Treatment Modalities
          Ancillary/Support Services
          Aftercare

THE COURT CLERK ...........................................................................................................24
     Subpoenas and Summonses
     Court Files
     Court Hearings
     Bench Warrants and Recalls
     Commitments Pending Hearing
     Release from Commitment to DTC
     Release from Commitment to Residential Treatment Facility
     Probation Orders

GRADUATION CRITERIA .................................................................................................27

F.I.R.M.             ..........................................................................................................................28

OVERSIGHT ........................................................................................................................29

CONCLUSION                ....................................................................................................................30

STEP DRUG TREATMENT COURT PARTNERS ............................................................31

EXHIBITS
     Exhibit 1:               Order for Assessment for the STEP Drug Treatment Court ..................32
     Exhibit 2:               Transfer of Probation Consent (District Court) .....................................34
     Exhibit 3:               Order for Transfer of Probation (District Court) ...................................36
     Exhibit 4:               Circuit Drug Treatment Court Screening Form .....................................38
     Exhibit 5:               Order (Drug Treatment Court Assessment, etc.) (Circuit Court) ..........40
     Exhibit 6:               Consent for Exchange of Confidential Information...............................43
     Exhibit 7:               Consent for the Release of Confidential Information ............................45
     Exhibit 8:               Assessment and Placement Summary Report ........................................48
     Exhibit 9:               Order for Probation ................................................................................52
     Exhibit 10:              STEP Program Drug Treatment Court Agreement (Circuit Court) .......54
     Exhibit 11:              Drug Treatment Court STEP Program Agreement (District Court) ......58
     Exhibit 12:              Summons (Circuit Court).......................................................................61
     Exhibit 13:              Subpoena (District Court) ......................................................................63
     Exhibit 14:              Bench Notes ...........................................................................................65
     Exhibit 15:              Drug Treatment Court Progress Report .................................................67
     Exhibit 16:              Aftercare Services Plan ..........................................................................69




                                                                                                                                                    3
                                 INTRODUCTION
        Like many cities throughout the country, the City of Baltimore has experienced an
alarming increase in crime over the last decade. Approximately 85% of all crime is drug related,
and Baltimore City courts are plagued by an exponential increase in drug cases. Property
offenses, such as burglary and shoplifting, as well as prostitution and other nuisance crimes are
the result of the drug trade and are committed by a relatively small population of drug addicts.
Criminal justice agencies, including the Police Department, the Office of the State's Attorney,
the Division of Parole and Probation, and the Courts, are being crushed under the weight of
increasing caseloads. Prisons are also inundated, reducing the likelihood that even repeat drug
offenders will receive significant prison sentences. Additionally, inmates receive little if any
substance abuse treatment while in prison. The lack of meaningful intervention all but ensures
that these individuals will revert to familiar criminal patterns upon release to society.

        The Baltimore City Drug Treatment Court (DTC) was born in response to this frustration
and in an effort to reduce the cycle of repeat prosecutions. DTC is a coalition of public, private
sector, and non-profit agencies providing intensive treatment and probation supervision along
with comprehensive judicial monitoring to offenders who have committed crimes as a result of
their addiction. In addition, DTC incorporates support services such as vocational, educational,
and life skills training to bring about meaningful behavioral and lifestyle changes and to facilitate
the integration of participants into the community.

        DTC provides an innovative alternative to the traditional method of handling drug-related
criminal behavior. DTC embraces the philosophy that relapse is part of recovery, and changing
addictive behavior requires constant vigilance, motivation, reinforcement, and treatment to
prevent relapse and return to criminal activity.

       Through a unique partnership of criminal justice, community, and government agencies
and individuals, DTC is a comprehensive and holistic program which addresses the most
devastating problems facing our nation today: drugs and crime.




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                            VISION AND GOALS
Vision

       The Baltimore City Drug Treatment Court envisions a Baltimore made safer by the
reduction of addiction-driven crime and the positive integration of the offender into family and
community.

Goals

       To attain its vision, the Baltimore City Drug Treatment Court strives to reach the
following goals:

         (1)   to divert pre-trial detainees who have been assessed as drug-dependent and who
               present low risk to public safety into treatment systems with close criminal justice
               supervision and judicial monitoring;

         (2)   to provide an alternative to incarceration for criminal defendants whose crimes
               are drug involved, in turn providing the judiciary with a cost-effective sentencing
               option, freeing valuable incarceration resources for violent offenders, and
               reducing the average length of pre-trial jail time;

         (3)   to provide the criminal justice system with a fully integrated and comprehensive
               treatment program;

         (4)   to provide graduated levels of incentives and sanctions for defendants;

         (5)   to reduce criminal justice costs, over the long run, by reducing addiction and
               street crime; and

         (6)   to facilitate, where appropriate, the acquisition or enhancement of academic,
               vocational, and pro-social skill development of criminal defendants.




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                          ELIGIBILITY CRITERIA

General Eligibility Criteria

   To be eligible for the Drug Treatment Court, defendants must meet the following criteria:

   Prior Criminal History

          No convictions within the past five years for:
           o Crimes of violence (14-101 offenses), except robbery in Circuit Court only
           o Assault and/or Battery
           o Drug King Pin
           o Possession or use of a firearm

          No convictions ever for:
           o Child abuse
           o Rape or Sex offenses (any degree)
           o Homicide

   Present Offense

          The current offense may not be for any of the above crimes
          No indication of firearm involvement

   Personal

          18 years of age or older
          Baltimore City resident
          Indication of serious or chronic substance abuse
          No indication of a serious psychiatric disorder.

   Legal

          No pending sentences or probation cases outside of Baltimore City
          Not on active parole or mandatory supervision
          No outstanding warrants or detainers pending outside Baltimore City.

   Other

          The defendant must be assessed by the Division of Parole and Probation and must be
           determined to be suitable for and amenable to treatment.



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           A defendant with probation cases in Baltimore City may be considered for DTC if the
            Judge in the probation case agrees to transfer or hold the probation in abeyance
            during satisfactory participation in DTC.

Prior Drug Treatment Court Participants

         Graduates of DTC may be considered for re-admission if they meet all current eligibility
criteria and at least two calendar years have elapsed since their graduation from DTC.

        Prior participants of DTC who did not complete the program may be considered for re-
admission if they meet all current eligibility criteria and at least three years have elapsed since
their participation in DTC.

Other

        Admission into DTC will depend upon available capacity. Applicants will be advised
orally, either by the Court, Office of the State’s Attorney, or Office of the Public Defender, that
admission may be denied at any time prior to actual entrance into the program for lack of space.




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        SCREENING AND REFERRAL PROCESS

       DTC is available for defendants who are detained at the Baltimore City Detention City
(BCDC) or referred by a trial court, an attorney, or the State’s Attorney’s Office Quality Review
Unit (QCR).

District Court Cases

       Pretrial Detainees

         QCR, located at the Baltimore City Detention Center will screen pretrial detainees for
eligibility. The State’s Attorney’s Office (SAO) reserves the right to disqualify any individual
who may otherwise be eligible. The SAO will make an initial offer of drug court to eligible
detainees.

        The SAO will notify the Office of the Public Defender (OPD) of eligible detainees who
have accepted the initial offer of DTC. QCR will forward charging documents for all DTC
referrals to the State’s Attorney’s Office - Drug Court Unit (SAO) for docketing on the Drug
Court Calendar. The SAO will also forward a list of eligible defendants to the Division of Parole
and Probation’s Assessment Unit, who will conduct the assessment and forward the results to the
SAO.

       The Clerk's Office will docket all DTC cases within five days of referral by the SAO.

       Trial Referrals

        Referrals to DTC may be made at the scheduled trial by recommendation of the state,
defense, or court. Either the OPD or a member of the court staff will contact the SAO at the
Wabash District Court building, (410) 878-8904, to request an initial eligibility screening. The
SAO will notify the court of the results as soon as possible. If eligible, the SAO will provide the
defendant an assessment appointment and a date for the next DTC hearing (Exhibit 1). The case
will proceed to trial as scheduled if the defendant is not eligible.

       Violation of Probation Cases

        The Court, state, defense, or probation agent may initiate recommendations for the
transfer of Violation of Probation (VOP) cases to DTC. Defendants who are recommended to the
program will be screened by the SAO pursuant to procedures noted above, and an assessment
appointment and hearing date will be provided for eligible candidates. The originating Court
shall conduct the VOP hearing and refer the case to DTC for disposition and entrance into the
program. All defendants who enter the program pursuant to referral at a VOP hearing will
execute a Transfer of Probation Consent (Exhibit 2). The transferring judge shall also execute an
Order for Transfer of Probation (Exhibit 3). Both forms shall be made part of the Court file.


                                                                                                 8
Circuit Court Cases

       Referrals by the State

       All Assistant State’s Attorneys may refer appropriate cases to DTC. The intent is to get a
defendant into DTC and into treatment as soon as possible, preferably at arraignment. This
means that the ASA must review cases to identify appropriate candidates for treatment. The ASA
may wish to speak with victims and police officers before making the referral. The following
procedures will facilitate the entry of defendants into DTC:

      Complete a Circuit Drug Treatment Court Screening Form (Exhibit 4).

      Reach a sentencing agreement with the defendant.

       o Generally, the minimum suspended sentence is five years, and the minimum period of
         probation is three years.
       o Regarding VOP cases, the suspended sentence is generally reimposed along with
         three-years probation. Note that not less than 24 months must remain on a VOP
         probation to be considered for DTC as the maximum period of probation that may be
         imposed is five years from the original imposition of probation

      Either the ASA or the courtroom clerk will complete a Drug Treatment Court Assessment
       Order (Exhibit 5).

       o Contact the State’s Attorney’s DTC unit at 410-396-6822 to obtain an assessment and
         a drug court hearing date. Complete and provide a copy of the Order to the
         defendant.     Defendants detained in jail will be automatically scheduled for
         assessment, but must also be provided a trial date and DTC plea date.

        Defendants who are pending new charges must receive a trial date from the
         assignment office. Defendants who are referred to DTC from the VOP docket will be
         assigned a date by the Judge.

        Distribute copies of the DTC Assessment Order as indicated on the form, ensuring
         that the SAO copy is forwarded to the DTC Unit.

        Make two copies of the statement of charges, police report, or VOP report, and a copy
         of the summary of the defendant’s record. Care should be taken to ensure that all
         convictions and sentences are clearly noted.

        If needed, complete and send Discovery.

        Forward the full SAO file with the Order and Screening Form and extra copies to
         room 507, Mitchell Courthouse, ATTN: Drug Treatment Court Coordinator.




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       Should the defendant not be accepted into DTC, the SAO file will be returned to the
appropriate ASA as soon as possible for trial preparation.




                                                                                       10
                                 ASSESSMENTS
        All defendants who are eligible for DTC must be assessed to determine amenability to
treatment and to identify the appropriate level of treatment. Two diagnostic instruments will be
used: the Addiction Severity Index (ASI) and the Level of Service Inventory – Revised (LSI-R).

        The ASI is designed to evaluate motivation for treatment, provide details of prior and
current legal status, family and social relationships, mental and medical health histories, and
employment status. All answers provided by defendants are subject to investigation and
verification. Any falsehoods will disqualify the defendants from participating in the program. No
inquiries will be made regarding the instant offense. The LSI-R will be administered to assess the
defendant’s criminogenic needs and will be the basis for developing a case management plan.

       The evaluation will be administered by the Division of Parole and Probation Assessment
Unit at BCDC for defendants who are detained. Assessments for all other defendants will be
administered at the Division of Parole and Probation Office at 2100 Guilford Avenue. Prior to
assessment, defendants will be required to sign a Consent For Exchange of Confidential
Information form (Exhibit 6) and a Consent for the Release of Confidential Information: Adult
Criminal Justice System Referral (Exhibit 7).

      The assessment will include a numerical result of the two diagnostic instruments.
Defendants with numerical scores exceeding a specific limit will be ineligible for the program.

        The SAO will receive a list of those failing the assessment and will agree to refrain from
using the contents of the report in the case in chief in the event that the defendant does not enter
DTC. This list is provided for accounting purposes only.

        Assessment & Placement Summary Reports (Exhibit 8) will be sent to the SAO and the
court within two working days of the assessment interview for all defendants with scores
indicating that they are amenable to treatment. Defense counsel will be provided a copy of the
report upon receipt of a letter from counsel confirming representation. This letter should include
a signed release from the defendant and a large self-addressed stamped envelope.




                                                                                                 11
                          ENTRANCE PROCESS
Selection

       District Court

        Upon review of the Assessment & Placement Summary Reports, the SAO will select
individuals for the program and fax to the Court Clerk the names of defendants who will be
placed on the DTC docket. The clerk will schedule each case within five working days of receipt
of the names. The SAO will also fax the names of those accepted and docketed to the Gatekeeper
for placement in the treatment reservation system.

       Circuit Court

        Upon receipt of the Assessment & Placement Summary Reports, the SAO will review the
reports to ensure that the defendant still meets all eligibility criteria and is suitable for DTC

The Entrance Process

        At the initial DTC hearing, the SAO shall provide the court with the Assessment and
Placement Summary Report. The court shall make a final determination as to whether to accept
the defendant into the program. All defendants must be represented by counsel at this stage.

        All defendants must plead guilty, receive a sentence of incarceration that will be
suspended, and be placed on probation. The court will sign an Order for Probation (Exhibit 9)
and defendant and counsel will sign the DTC STEP Program Agreement (Exhibits 10, Circuit
Court, and 11, District Court). The defendant will agree to the following special provisions:

      The defendant understands that due to judicial rotation DTC probation will be transferred
       to the Judge sitting in drug court.

      The defendant agrees to sign authorization for release of information forms as requested
       by case agents and treatment providers. This condition is necessary to monitor
       compliance with treatment, and understands that failure to authorize release of
       information will result in termination from the DTC.

      The defendant agrees to attend all treatment appointments, all appointments required by
       case agents and program resource providers, and all progress hearings scheduled by the
       Court.

      The defendant agrees to submit to urinalysis as directed by the probation agent.

      Should the defendant fail to comply with program requirements, fail to keep


                                                                                              12
       appointments without a satisfactory explanation, or test positive for a prohibited
       substance, the probation agent may immediately make supervision adjustments that may
       include but are not limited to:

            Increase the frequency of reporting to the probation agent;
            Advance the date of the next status conference;
            Increase the frequency of urinalysis testing; and/or
            Alter or impose a curfew.

      The defendant agrees to comply with the adjusted conditions of supervision until
       reviewed by the Court at the next scheduled status hearing. Should the Court determine
       that the DTC agreement has been violated, the Court can maintain the adjustment or can
       impose addition sanctions including, but not limited to, community service, home
       detention, court room detention, a period of incarceration, and termination from the
       program.

      The defendant agrees to perform 20 hours of community service before graduation.

      The defendant understands that, upon successful completion the DTC program, the
       finding of guilt will be stricken in the appropriate cases or probation will be successfully
       terminated.

       Upon formal placement into the program, defendants will be given a summons (Exhibit
12, Circuit Court) or a subpoena (Exhibit 13, District Court) for a progress hearing to be
scheduled within two weeks to one month as scheduling permits. The defendant will also be
given the Order for Probation and instructed to report to the Division of Parole and Probation
Drug Treatment Court Unit on the next business day at 8:30 AM.

Supervision Tracks

       (1)      PROBATION TRACK: Each defendant must enter a guilty plea and execute a
                DTC agreement. Compliance with the DTC agreement and the individualized
                case management plan is a special condition of probation. Upon successful
                completion of the program the court will terminate probation.

       (2)      VIOLATION OF PROBATION TRACK: Defendants with probation cases in
                either the District or Circuit Courts may be considered for DTC if the Judge in the
                probation case preliminarily finds the defendant in violation of proation and
                agrees to transfer or hold the probation case in abeyance during satisfactory
                participation in DTC. The DTC judge will formally place the Defendant on
                probation. Each Defendant must execute a DTC agreement and comply with its
                conditions. Agents assigned to DTC will supervise defendants placed on this
                track.




                                                                                                13
                      STEP Program Procedures

       Defendants may advance through the Steps of the program as they comply with program
provisions and maintain sobriety. The Court requires each defendant to complete the following
Steps and their components as follows:


Step One – The Bottom

       Defendants on Step One must comply with the following provisions:

          Submit to urinalysis testing at least twice weekly
          Meet with Probation Agent at least twice weekly
          Appear in Court for progress conferences at least every two weeks
          Participate in substance abuse treatment as directed
          Attend Narcotics Anonymous meetings daily or as directed

        Defendants who comply with all provisions of this Step and meet all appointments are
eligible to move up to Step Two after eight weeks.
        (THE PARTICIPANT HANDBOOK STATES 12 WEEKS)

Step Two

       Defendants on Step Two must comply with the following provisions:

          Submit to urinalysis testing once weekly if all tests at Step One were negative,
           otherwise continue to submit to urinalysis at least twice weekly or as directed
          Meet with Probation Agent twice weekly or as directed
          Appear for Court progress conferences every four weeks
          Participate in substance abuse treatment as directed
          Attend Narcotics Anonymous as directed

(HOW MANY WEEKS ON THIS STEP?)
Step Three


       Defendants on Step Three must comply with the following provisions:

             Submit to urinalysis testing weekly or as directed
             Meet with Probation Agent at least once every twice monthly ??? or as directed
             Appear for Court progress conferences once every six weeks or as directed
             Participate in substance abuse treatment as directed




                                                                                               14
Step Four

      Defendants on Step Four must comply with the following provisions:

              Submit to urinalysis once monthly or as directed
              Meet with Probation Agent twice monthly or as directed
              Appear in Court for progress conferences once every eight weeks or as directed
              Participate in substance abuse treatment as directed
              Complete at least 10 additional hours of community service

Step Five

      Defendants on Step Five must comply with the following provisions:

           Submit to random urinalysis once every six weeks or as directed
           Meet with Probation Agent twice monthly or as directed
           Appear in Court for progress conferences once every eight weeks or as directed
           Participate in substance abuse treatment as directed
           Complete at least 10 hours of community service

General Provisions:

           A defendant should remain on a step for at least eight weeks. (BUT SEE STEP 1
            PARTICIPANT’S HANDBOOK) A defendant who has complied with all provisions
            of a Step, who has kept all appointments, and who has at least 16 consecutive
            negative urine tests should be promoted to the next Step.
           A defendant who has a positive urinalysis should be sanctioned. In addition, a
            defendant who has a positive urine result will be returned to the previous urine test
            schedule. A defendant who has a second positive within one month should be
            demoted to the previous Step.
           A probation agent may reduce a client to a lower Step because of positive urinalyses
            or failure to comply with the requirements of a Step. In such a case, the Agent must
            contact the Assistant State’s Attorney to schedule a progress conference as soon as
            possible.
            Failure to comply with conditions of probation may result in the imposition of
            sanctions up to and including revocation of probation.




                                                                                                15
         THE DRUG TREATMENT COURT JUDGE
         For many defendants, the Judge is the first person in a position of authority who will
listen to their concerns and intercede on their behalf. Judicial authority is perhaps one of the most
important tools in shaping defendant behavior and the drug court Judge has an opportunity to use
the position of office to insist on program compliance and to impose consequences for failure.

       The DTC courtroom tends to be less formal. The Judge plays many roles, including
mentor, confessor, disciplinarian, motivator, and enabler. The Judge actively engages the
defendant in direct dialogue to understand and address problems. Drug Court proceedings are as
much directed toward the audience (who are waiting their turn) as they are to interacting with
each defendant.

       Below are procedures to assist the Judge in managing the DTC Court docket.

Pre-Call of Docket

        Each DTC docket generally includes progress conferences, bench warrant returns,
violation of probation hearings, and new entrance cases. Both the Court Clerk and the Detention
Center officers shall bring detainees to the courtroom at the beginning of each DTC session so
that they may benefit from the experiences of those defendants who precede them. Per agreement
with the Division of Pre-Trial Detention and Services, a maximum of seven detainees may be in
the courtroom under the supervision of one correctional officer at any one time.

Entering Defendants Into The STEP Program

Assessment

       The State’s Attorney will provide the Court with a copy of the Assessment and Placement
Report for each defendant who will be entering the DTC. The assessment shall be maintained in
the Court file.

Bench Notes

        Bench notes shall be maintained for each defendant. The notes should include
background information obtained from the defendant upon entry into the program such as age,
education, with whom the defendant resides, prior criminal history, prior drug history and
addiction, work experience, etc. (Exhibit 14) The information captured in Court is entered into
a database after each hearing.



Sentence – District Court


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       There are no specific sentencing guidelines for DTC; however, traditionally the District
Court has imposed the following sentence for each case:

      Two years to thirty-six months incarceration, suspended, two years probation; or

      The maximum sentence if it is less than two years, and

      Special conditions: Complete of the STEP Drug Court Program; 2 urinalysis tests and 2
       meetings with probation agents weekly; daily N/A meetings.

       Court costs and probation fees are traditionally waived.


        When a defendant has multiple cases, a probation order must be prepared for each
separate file. However, the court should designate one “main” file for documentation. The court
shall assign a progress hearing date and reflect same in the main court file. (Exhibit ___)
(DISTRICT COURT HAS A FORM)

       A lengthy sentence permits flexibility should incarceration and/or termination be
necessary. Additionally, it provides a motivating incentive to the defendant

Sentence – Circuit Court

         While there are no specific guidelines for DTC, the Assistant State’s Attorney will
prepare a Sentencing Guidelines worksheet and will have arranged for a plea with the defendant.
The sentence imposed should be toward the high end of the sentencing guidelines and should be
at least five years. Traditionally, the Circuit Court imposes the following sentence:

       The sentence should be suspended and the defendant placed on probation for a period of
three years with the following special conditions of probation: Complete of the STEP Drug
Court Program, daily N/A meetings, two weekly urinalysis tests and two weekly meetings with
probation agents.


New Charges.

       Defendants who receive new charges while participating in DTC may be permitted to
remain in the Program pending the outcome of the new charge. The Court may consolidate the
new case with the existing DTC case(s). In that event, the defendant should plead guilty to the
new charge and a consecutive sentence should be imposed. The court may also wish to add
additional sanctions for the new charge such as several days incarceration, community service,
etc.




                                                                                            17
Progress Conferences

       Progress conferences are traditionally conducted every two to six weeks, depending on
each defendant’s progress toward program goals. Suggested progress dates will be provided by
the probation agent and ASA.

       To maximize the learning opportunity at progress conferences, defendants who have
favorable reports should be called first so that others in the audience may observe positive role
models. New entrance cases should be called last to enable those defendants to learn firsthand
the expectations of the program.

        After each progress hearing, the Court shall update the bench notes regarding treatment
compliance and attendance, urinalysis results, reporting compliance, and any other relevant
information. The Court shall also note the new progress conference hearing date in the main
court file. Progress reports shall be placed in the main court file.

Incentives and Sanctions

        Modification of addictive behavior is one of the primary goals of DTC. To encourage
positive behavior, participants are rewarded by the court for successful program compliance
through the use of incentives. Defendants also learn quickly, through the imposition of graduated
or progressive sanctions, that there are immediate and swift consequences for inappropriate
behavior or failure to comply with treatment requirements. Incentives and sanctions are
discussed more fully in another section of this manual.

       DTC recognizes that relapse is expected and part of recovery. Generally, jail sanctions
are imposed drug usage in lieu of enhanced treatment.

Return to Court after Service of a Bench Warrant

       Due to their addictive personalities, many defendants fail to appear for hearings or
abscond from treatment. Upon arrest on a bench warrant, the court can consider a variety of
responses including:

      Release back to DTC
      Detention for approximately 30 days for punishment
      Placement in the ACT-SAP program at the Baltimore City Detention Center
      Termination from DTC

        There are no specific guidelines for allowing defendants to re-enter the program.
Traditionally, the court has terminated defendants upon the second bench warrant. The court
generally requires the defendant to participate in the acupuncture program as a condition of
reentering the program.




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Termination Criteria

        Termination from DTC is discretionary with the court and occurs when the defendant is
no longer compliant with program rules and/or is not amenable to treatment. This is often evident
after the issuance of several bench warrants. Upon termination, the court traditionally imposes
greater periods of incarceration than would have been imposed at an original trial or court
hearing due to the extended opportunities and chances offered to the defendant.




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                       Incentives and Sanctions
       During progress conferences, defendants who achieve program goals and exhibit drug-
free behavior should be rewarded and encouraged by the court through a series of incentives.
Incentives can include:

       (1)    Applause

       (2)    Verbal praise

       (3)    Place defendant on “A Team” and schedule “A Team” defendants first at progress
              conferences

       (4)    Promotion to the next STEP

       (5)    Awarding of achievement trinkets

       (6)    Encourage defendants to give a brief speech to court audience

       (7)    Reduce urinalysis and/or agent visitation requirements

       (8)    Extend the period between progress conferences

        The importance of positive reinforcement cannot be underscored. The Court’s award of
incentives is limited only by its imagination.

       Defendants who fail to follow treatment and/or supervisory requirements will be held
accountable through the imposition of sanctions. Sanctions demonstrate that there are immediate
and swift consequences to inappropriate behavior. Sanctions can include:

       (1)    Verbal admonishment/reprimand

       (2)    Decrease to a lower STEP

       (3)    Community service

       (4)    Electronic monitoring

       (5)    Courtroom detention

       (6)    Shock incarceration generally not exceeding seven days

       (7)    Assignment to the acupuncture program


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(8)    Writing an essay

(9)    Increase urinalysis and/or agent visitation schedule

(10)   Increase frequency of progress conferences

Again, the Court’s use of sanctions is limited only by its imagination.




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                                    Supervision
       All defendants in DTC are supervised by DPSCS probation agents assigned to the DTC
Probation Unit. Agents are required to:

      (1)    provide intensive supervision to all defendants in accordance with the policies and
             procedures of the Division of Parole and Probation

      (2)    meet with defendants as required by agency policy for DTC

      (3)    ensure that defendants comply with the urinalysis testing schedule as found in
             agency policy and the Step Program requirements

      (4)    ensure that defendants comply with court orders and participant agreements

      (5)    maintain contact with treatment counselors to monitor a defendant’s compliance
             with and progress in treatment as required by agency policy

      (6)    prepare Drug Treatment Court Progress Reports for the Court, detailing a
             defendant’s compliance with treatment and program goals (Exhibit 15)

      (7)    refer defendants to available community resources to obtain support services as
             needed




                                                                                             22
                   TREATMENT AND SERVICES
Treatment Providers

       Defendants receive either inpatient treatment or immediate and intensive outpatient
treatment from a licensed private treatment provider. Providers are required to abide by basic
written treatment protocol; however, the manner in which services are delivered may vary
between programs. Treatment Providers may charge clients fees for services; however, no DTC
defendant will be refused services due to an inability to pay.

Treatment Modalities

        Defendants will be assigned to a treatment modality based on the results of their
assessment. During the course of their stay in the DTC, defendants may be moved to different
modalities, depending on their response to treatment. The treatment modalities available to DTC
participants are:

      Intermediate Care Facility: a residential facility for clients who are ambulatory and do
       not require hospitalization. Intermediate Care Facility programs provide an intensive
       treatment regimen of individual and group therapy as well as other activities aimed at the
       physical, psychological and social recovery the addicted individual. Clients usually
       remain in residence for two to six weeks. Services include: medical services; individual,
       group, and family counseling; essentials of daily living such as shelter, meals, and
       clothing; and support groups.

      Halfway House: a transitional residential care facility providing time-limited services to
       clients who have received prior evaluation or treatment in a primary or intermediate care
       program. These clients are expected to seek employment and move to a position of
       personal and economic self-sufficiency. Services include: case management; social and
       vocational skills development; supportive counseling; and essentials of daily living such
       as shelter, meals, and clothing.

      Intensive Outpatient Treatment: a non-residential program that provides highly structured
       treatment services to clients and their families for six or more hours per week. Services
       include individual, group, and family counseling; drug/alcohol education; referral; and
       support groups.

      Outpatient Treatment: a non-residential program that provides treatment services to
       clients and their families for less than six hours per week. Services include individual,
       group, and family counseling; drug/alcohol education; referral; and support groups.

      Medication Assisted therapy (Methadone Treatment): a non-residential program offering
       drug abuse treatment and rehabilitation employing methadone and other medications in


                                                                                              23
       the detoxification or maintenance treatment of heroin or other opioid abusers. Services
       include: medical services; individual, group, and family counseling; educational and skill
       development; and support groups.

      Addicts Changing Together – Substance Abuse Program (ACT): a six week treatment
       program which is available at the Baltimore City Detention Center upon recommendation
       at assessment, by treatment provider, or by agent. Treatment cycles commence every
       Monday. The program is a modified therapeutic community.

       Defendants are sent to ACT by order of the Court. Within 24 hours of the order, the
       Office of the Public Defender will send an email to ACT, with copies to the Division of
       Parole and Probation and the appropriate Assistant State’s Attorney or paralegal,
       notifying ACT that the order has been issued. At the end of each week, OPD will email
       another message to ACT listing all referrals for the week. Acupuncture.

       Defendants who have successfully completed ACT but relapse may be readmitted to the
       program for a second time provided there have been at least nine months from the date of
       the first admission. No defendant will be accepted for a third time at.

       Defendants may be placed in residential treatment programs, transitional housing, or
halfway houses. Defendants residing in transitional or halfway houses will also be assigned to
outpatient or intensive outpatient treatment unless the facility is licensed to provide treatment by
the Department of Health and Mental Hygiene.

Ancillary/Support Services

        Drug addiction is rarely an isolated problem and defendants often have other issues that
contribute to addiction. At the comprehensive assessment, which is administered before entrance
into the program, staff will identify needs and recommend services that would benefit defendants
and which will include: job training and placement, high school equivalency schooling, life skills
training, parenting classes, housing placements, acupuncture, meditation, AIDS counseling, and
community service placements.

Aftercare

       As a defendant completes substance abuse treatment, the counselor will develop an
Aftercare Services Plan (Exhibit 16). The aftercare plan will address specific areas for the
defendant to address while continuing with recovery, and may include: education, vocational
services, medical or mental health needs, legal needs, and peer support groups.

       The completed Aftercare Services Plan will be forwarded to the Probation Agent. The
agent will note on the progress report that the plan has been received, and will forward a copy to
the Court at the next progress conference. The agent will facilitate referrals to enable the
defendant to comply the aftercare plan.




                                                                                                 24
                            THE COURT CLERK

       The Courtroom clerk maintains files, prepares court orders, and ensures that all records
are properly filed.

Subpoenas

       After enrollment into the DTC program and after each progress conference, every DTC
defendant shall receive a summons or subpoena indicating the next hearing date.

Court Files

        The DTC designated clerk shall maintain all DTC files. Should a defendant have multiple
cases, a lead file will be designated and documented. The case number for the lead file shall be
used on all documents. (Exhibit ___)

Court Hearings

        The court clerk shall contact the Baltimore City Detention Center lock-up to ensure that
all defendants detained by BCDC are brought to court promptly at the beginning of each DTC
session.

Bench Warrants and Recalls

       All District Court bench warrants shall include the following highlighted information:

                              BAIL: $100,000
                              NO HOME MONITORING

       All Circuit Court bench warrants shall include the following highlighted information:

                              BAIL: NONE
                              NO HOME MONITORING

       The clerk shall verify the defendant’s address from the progress reports that are available
from the probation agent.

       The clerk shall fax a copy of all District Court warrants and warrant recalls to the
Baltimore City Police Department Fugitive Unit at 410-396-2088 at the conclusion of all
courtroom proceedings, and shall then forward the original warrant to that unit. In addition, the
clerk shall forward a copy of the bench warrant to the Police Liaison Officer, who will fax a
copy of the warrant to the police department District Commanders.



                                                                                                25
       The clerk shall forward all Circuit Court warrants to the Sheriff of Baltimore City.

Commitments Pending Hearing

       Commitments Pending Hearings shall include the following information:

                              OFFENSE: DRUG COURT
                              BAIL:    $40,000
                              NO HOME MONITORING

       Commitments after sentence for violations of probation only shall include each separate
case number.

       Commitments pending hearing for the ACT-SAP program shall include the following
information:

                              OFFENSE: DRUG COURT
                              BAIL:    $40,000
                              NO HOME MONITORING
                              REFERRAL TO ACUPUNCTURE

Release from Commitment to DTC

        The clerk shall prepare a Release from Commitment pursuant to a court order. The clerk
shall also provide the defendant a subpoena with the new progress conference date.

       When a release is scheduled on a Saturday or Sunday, the release shall be sent to the
Baltimore City Detention Center and shall include the following highlighted information:

                              DEFENDANT IS TO REMAIN IN JAIL
                              CONTINUOUSLY AND WITHOUT
                              INTERRUPTION UNTIL 6:00 PM
                              (SATURDAY/SUNDAY)

Release from Commitment to Residential Treatment Facility

       The clerk shall prepare a Release From Commitment for defendants who are to be
released from the BCDC Acupuncture program to a residential treatment facility. The Release
From Commitment shall include:

      The date of the release
      The name and location of the residential facility
      A notation that BCDC shall transport the defendant between the hours of 8:00 and 11:30
       AM

       The release shall be sent to the attention of the Records Supervisor.



                                                                                              26
        Releases From Commitment orders shall be dated to take effect the next after the actual
order is issued.

        The release shall be sent to the attention of the Records Supervisor. The original release
shall be given to the BCDC transportation officers in the courthouse. The Release shall be faxed
as soon as possible to:

      Transportation Unit Commander, BCDC, 410-209-4227
      Director, Records Unit, 410-209-8216
      Director, ACT-SAP, 410-209-8216
      Assistant Director, Medical Unit, 410-576-0872

       Faxing should be done as soon as possible so that treatment and medical records and any
needed medication can be prepared for release with the defendant.

Probation Orders

        When a defendant enters DTC, a probation order must be completed. Orders for DTC
participants shall direct them to report for intake on the next business day and shall include the
following:

               PROBATIONARY TIME PERIOD
               ADDRESS: 2100 GUILFORD AVENUE
                        BALTIMORE, MD 21218

               DEFENDANT IS TO REPORT TO THE DRUG COURT UNIT.
               DEFENDANT SHALL ATTEND DAILY NARCOTICS ANONYMOUS
               MEETINGS UNTIL TREATMENT BEGINS




                                                                                               27
                       GRADUATION CRITERIA

       Defendants are eligible to graduate from DTC as follows:

District Court:

      Participate in the program for no less than twelve months
      Successful behavioral compliance for no less than nine months
      Drug-free for at least nine months

Circuit Court:

      Participate in the program for at least eighteen months
      Successful behavioral compliance for no less than 12 months
      Drug-free for at least 12 months

All defendants:

      Perform 20 hours of community service
      Obtain gainful employment

        Graduations generally are scheduled every quarter. The probation agents will provide the
court a list of suggested graduates at least a month before each graduation. The court may wish
to consult with the previous Drug Court Judge and the Judge-In-Charge of Drug Court to
determine the final graduates. The court shall send a final list of graduates to the Division of
Parole and Probation Drug Court Supervisor.

       Each graduate will receive a graduation certificate. In addition, probation will be
successfully terminated for all graduates.




                                                                                             28
                                        F.I.R.M.

        Family In Recovery Maintaining (FIRM) is a support group for Drug Treatment Court
participants nearing the end of their treatment program and DTC graduates. FIRM meetings are
held Monday evenings at 6:00 PM. The meeting follows the AA/NA format, and attendance can
be certified so that attendees receive credit for an AA/NA meeting that will meet the
requirements of their treatment program.

       The focus of the meetings is remaining drug-free while reintegrating into the community.
FIRM provides some social activities for members, and meetings can include entertainment,
guest speakers, discussion of various subjects with audience participation, and a guided
meditation period.

        Treatment providers and probation agents should encourage their clients to attend FIRM
as they near the end of their treatment and to recommend that they attend at least one meeting.




                                                                                            29
                                   OVERSIGHT
       To provide oversight and direction for the Baltimore City Drug Treatment Court, the
following groups and roles are established with the duties and responsibilities indicated:

      The Baltimore City DTC Advisory Committee (Advisory Committee) is comprised of
       Drug Treatment Court partners and determines policy for the judicially led Drug
       Treatment Court. The Advisory Committee meets regularly to review policy, implement
       changes, seek funding, promote public relations, and provide administrative support and
       assistance as needed.

      There is a Judge-In-Charge of the Drug Treatment Court at both the District Court and
       Circuit Courts.

      The Drug Treatment Court Coordinator reports to the Judges-In-Charge for regular
       supervision. The Coordinator shall also report to the Advisory Committee on a monthly
       basis as to the status of the DTC. The Coordinator shall be the repository for the
       Memorandum of Understanding and all records of DTC.

      The Working Group, comprised of representatives from the Court, OPD, SAO, DPSCS
       - DTC Unit, and the treatment community through Baltimore Substance Abuse Systems
       (BSAS), meets monthly to oversee program implementation and to develop policy.

      The Small Group, comprised of representatives from the Court, OPD, SAO, DPSCS -
       DTC Unit and Assessments Unit, and BSAS meets regularly to review population intake
       and evaluation issues.

      The Treatment Working Group, comprised of representatives from the Court, OPD,
       SAO, DPSCS-DTC Unit, BSAS and all Treatment Providers, meets quarterly to review
       treatment issues.




                                                                                           30
                                  CONCLUSION
        DTC provides an innovative alternative to the traditional, fragmented method of handling
drug-related criminal cases by uniting the criminal justice, treatment, and human services
communities in an effort to break the cycle of drug-driven criminal behavior. It embraces the
philosophy that relapse is part of recovery, and changing addictive behavior requires constant
vigilance, motivation, reinforcement, and treatment to prevent relapse and return to criminal
activity. Through the "carrot and stick" approach the DTC team is able to encourage substance
free behavior by holding all defendants directly accountable for their behavior and performance.

       The DTC is a comprehensive, systemic program whose objective is to rehabilitate the
defendant with minimal recidivism, cost, and risk to the community.




                                                                                             31
   STEP DRUG TREATMENT COURT PARTNERS

Clif Burton                                       Circuit Court for Baltimore City
Drug Treatment Court Coordinator                  111 N. Calvert Street, Suite 506
500 N. Calvert Street, Room 214                   Baltimore, Md. 21202
Baltimore MD 21202
                                                  David W. Skein
William R. Caltrider, Jr.                         Wright, Constable & Skeen
Center for Alcohol and Drug Abuse                 100 Light Street, 3rd floor
22 W. Pennsylvania Avenue, Suite 309              Baltimore, MD 21202-1036
Towson, Maryland 21204
                                                  Gwendolyn Smith
Baltimore Police Department                       Division of Parole & Probation
Criminal Investigation Bureau                     2100 Guilford Avenue
601 E. Fayette Street                             Baltimore, MD 21218
Baltimore, MD 21202
                                                  Romona Dixon-Smith
Bonnie Cypull                                     Baltimore Substance Abuse Systems, Inc.
Baltimore Substance Abuse Systems, Inc.           One North Charles Street, Suite 1600
2701 N. Charles Street, Suite 501                 Baltimore, Md. 21201
Baltimore, Maryland 21218
                                                  The Honorable Jamey H. Weitzman
William Franke                                    District Court of Maryland for Baltimore City
Division of Parole and Probation                  14 E. North Ave.
2100 Guilford Avenue                              Baltimore, MD 21213
Baltimore, MD 21218
                                                  Alan C. Woods, III
Patricia Jessamy                                  Executive Director
State's Attorney's Office                         Governor's Office of Crime         Control      &
206 Mitchell Courthouse                           Prevention
Baltimore, MD 21202                               300 E. Joppa Road, Suite 1105
                                                  Baltimore, MD 21286-3016
Leonard Kuentz
Office of the Public Defender                     For More Information Contact:
201 St. Paul's Place
Baltimore, MD 21202                                 The Honorable Jamey H. Weitzman
                                                    District Court of Maryland for Baltimore City
The Honorable George Lipman                         501 E. Fayette Street
District Court of Maryland for Baltimore City       Baltimore, Md. 21202
5800 Wabash Ave.                                    (410) 878 - 8556
Baltimore, Md. 21215
                                                    Clif Burton
                                                    Drug Treatment Court Coordinator
Donna-Lisa McClendon
                                                    500 N. Calvert Street, Room 214
Office of The State’s Attorney, Drug Court Unit
                                                    Baltimore MD 21202
5800 Wabash Ave.
                                                    (410) 767-3593
Baltimore, MD 21215
The Honorable Thomas Noel


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