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ORANGE COUNTY DRUG TREATMENT COURT

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					                                                             Printed 10/18/2011

                       ORANGE COUNTY PILOT DRUG TREATMENT COURT

                      MEMORANDUM OF UNDERSTANDING

THIS AGREEMENT is entered into between Orange County District Court,
District Attorney, Public Defender, Community Corrections, Orange-Person-
Chatham Area Program, Orange County Sheriff’s Office and Chapel Hill Police
Department, and Freedom House.

THE PARTIES TO THIS AGREEMENT endorse the goals and mission of the
Orange County Drug Treatment Court in order for defendants to eliminate future
criminal behavior and improve the quality of their lives. For this program to be
successful, cooperation must occur within a network of systems in order to
facilitate and achieve the mission of Orange County Drug Treatment Court.

THE MISSION of the Orange County Drug Treatment Court is “to offer the
substance abuse offender a comprehensive individualized treatment program
that includes court sanctions and incentives to address his or her substance
abuse issues and minimizes costs to our community without compromising
community safety. We envision a seamless court-coordinated system of care
that will afford offenders the best opportunity to be drug and alcohol free and
become a productive member of the community thereby increasing family safety
and well being.”

The respective agencies and governmental bodies represented in this agreement
will work cooperatively to insure the presence of the 10 KEY COMPONENTS1 of
Drug Courts:
1.     Drug courts integrate alcohol and other drug treatment services with
       justice system case processing.
2.     Using a non-adversarial approach, prosecution and defense counsel
       promote public safety while protecting participants’ due process rights.
3.     Eligible participants are identified early and promptly placed in the drug
       court program.
4.     Drug courts provide access to a continuum of alcohol, drug and other
       related treatment and rehabilitation services.
5.     Abstinence is monitored by frequent alcohol and other drug testing.
6.     A coordinated strategy governs drug court responses to participants’
       compliance.
7.     Ongoing judicial interaction with each drug court participant is essential.
8.     Monitoring and evaluation measure the achievement of program goals and
       gauge effectiveness
9.     Continuing interdisciplinary education promotes effective drug court
       planning, implementation, and operations.
10.    Forging partnerships among drug court, public agencies and community-
       based organizations generates local support and enhances drug court
       effectiveness.

1
    National Drug Court Institute
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ROLES AND RESPONSIBILITIES


Orange County District Court

      1.     In order to ensure the consistent operation of the Orange County
             Drug Treatment Court, the Court will make at least a one-year
             assignment of a judge to the Drug Treatment Court.
      2.     The District Court judge assumes the primary role to motivate and
             monitor the defendants who appear before the Drug Treatment
             Court.
      3.     The District Court judge will actively represent the Drug Treatment
             Court in the community and appear before governmental agencies,
             legislative hearings, public forums and the media.
      4.     The District Court judge will ensure a cooperative atmosphere for
             attorneys, probation officers, case managers, treatment providers
             and law enforcement officers.
      5.     The District Court judge will provide the appropriate positive
             rewards and sanctions which the Court deems necessary
      6.     The District Court judge will participate as an active member of the
             Drug Treatment Court Team by establishing a constructive
             relationship with each participant to encourage program
             compliance.
      7.     District Court understands that termination of a participant, by the
             team, from Drug Treatment Court or opting-out will result in
             probation violation with a recommendation of revocation.


IN WITNESS THEREOF, the parties hereto have caused this Memorandum
of Understanding to be executed by their duly authorized officers.


Orange County District Court



By:__________________________           DATE:______________________

      Joseph M. Buckner
      Chief District Court Judge




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District Attorney

       1.     An assistant district attorney will be assigned to the Orange County
              Drug Treatment Court for the entire term of this agreement.
       2.     The assistant district attorney will assist in identifying non-violent
              defendants who may be legally eligible for Drug Treatment Court.
       3.     The assistant district attorney makes decisions regarding the
              participant’s continued enrollment in the program based on
              performance in treatment rather than legal aspect of the case,
              barring additional criminal behavior.
       4.     The assistant district attorney agrees that a positive drug test or
              open court admission of drug possession or use will not result in
              the filing of additional drug charges based on that admission.
       5.     The assistant district attorney will participate as an active member
              of the Drug Treatment Court Team to establishing a constructive
              relationship with each participant to encourage program
              compliance.
       6.     The assistant district attorney agrees that termination of a
              participant, by the team, from drug treatment court or opting-out will
              result in a probation violation with a recommendation of revocation.


IN WITNESS THEREOF, the parties hereto have caused this Memorandum
of Understanding to be executed by their duly authorized officers.

District Attorney


By:__________________________             DATE:______________________

       Carl Fox
       District Attorney




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Defense Attorney

      1.    An assistant public defender will be assigned to the Orange County
            Drug Treatment Court for the entire term of this agreement.
      2.    The assistant public defender advises the defendant as to the
            nature and purpose of the Drug Treatment Court, the rules
            governing participation, the consequences of abiding or failing to
            abide by the rules, and how participating in the Drug Treatment
            Court will affect his or her interests.
      3.    The public defender explains all of the rights that the defendant will
            temporarily or permanently relinquish, as well as other legal
            options.
      4.    The public defender explains that because criminal prosecution for
            admitting alcohol or drug use in open court will not be invoked, the
            defendant is encouraged to be truthful with the judge and with
            treatment staff, and informs the participant that he or she will be
            expected to speak directly to the judge.
      5.    The public defender shall review client’s progress in treatment and
            advocate appropriately when the client is facing sanctions for non-
            compliance or termination from drug treatment court.
      6.    The public defender will participate as an active member of the
            Drug Treatment Court Team by establishing a constructive
            relationship with each participant to encourage program
            compliance.
      7.    The public defender understands that termination of a participant,
            by the team, from drug treatment court or opting-out will result in a
            probation violation with a recommendation of revocation.


IN WITNESS THEREOF, the parties hereto have caused this Memorandum
of Understanding to be executed by their duly authorized officers.

Public Defender



By:__________________________           DATE:______________________
      James Williams
      Public Defender




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Community Corrections

      1.    An Intensive Probation Team will be assigned to supervise
            participants in the Orange County Drug Treatment Court.
      2.    The Intensive Probation Team explains all conditions of Intensive
            Probation to the Drug Treatment Court participant (community
            service, curfews, home visits, etc.).
      3.    The Intensive Probation team provides field supervision including
            home visits and warrantless searches.
      4.    Community Corrections will provide observed random drug testing
            on a weekly basis and as needed or recommended by the Drug
            Treatment Court Team.
      5.    The Intensive Probation Team will attend Drug Treatment Court
            twice monthly, Drug Treatment Court staffings and notify TASC
            Case Manager of any violations of probation.
      6.    Probation will provide progress reports, on each participant, to the
            Drug Treatment Court coordinator every 2nd and 4th Monday of the
            month or enter information in the Drug Treatment Court MIS, when
            it becomes available, for statewide compliance.
      7.    The Intensive Probation Team will participate as an active member
            of the Drug Treatment Court Team by establishing a constructive
            relationship with each participant to encourage program
            compliance, attend pre-court staffings and court sessions, Drug
            Treatment Court meetings, and trainings.
      8.    Probation agrees that termination of a participant, by the team, from
            Drug Treatment Court or opting-out will result in a probation
            violation with a recommendation of revocation.


IN WITNESS THEREOF, the parties hereto have caused this Memorandum
of Understanding to be executed by their duly authorized officers.

Community Corrections




By:__________________________          DATE:______________________
      Kyle Kilborn
      Judicial District Manager




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Orange-Person-Chatham Area Program

     1.    OPC Area Program assigns the TASC (Treatment Alternatives to
           Street Crime) Program to provide case management for the
           participants in the Orange County Drug Treatment Court.
     2.    TASC has formulated an agreement with Freedom House to
           provide intensive outpatient treatment for TASC referrals
     3.    TASC Case Managers will conduct a substance abuse assessment
           on potential candidates for Drug Treatment Court in a timely
           fashion to determine level of chemical dependence and make
           recommendation to the Drug Treatment Court team as to
           treatment options.
     4.    TASC Case Managers will provide case management plan that
           addresses issues of treatment, health needs, employment and/or
           education, and housing.
     5.    TASC Case Managers will coordinate drug testing of participants
           with Intensive Probation Team and OPC Area Program will
           supplement with additional drug tests as necessary and as
           resources are available.
     6.    TASC Case Managers will provide progress reports, on each
           participant, to the drug treatment court coordinator every 2nd and 4th
           Monday of the month or enter information in the Drug Treatment
           Court MIS when it becomes available, for statewide compliance.
     7.    TASC Case Managers will participate as an active member of
           the Drug Treatment Court team by establishing a constructive
           relationship with each participant to encourage program
           compliance, attend pre-court staffings and court sessions, and Drug
           Treatment Court meetings..


IN WITNESS THEREOF, the parties hereto have caused this Memorandum
of Understanding to be executed by their duly authorized officers.


Orange-Person-Chatham Area Mental
Health Program


By:__________________________          DATE:______________________
      Tom Maynard
      Area Director




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Freedom House

     1.    Freedom House will assist Drug Treatment Court by providing
           Intensive Outpatient Groups for participants referred by TASC.
     2.    Freedom House treatment provider will provide progress reports,
           on each person participating in the Intensive Outpatient Program or
           Men’s/ Women’s Half-Way House, to the Drug Treatment Court
           coordinator every 2nd and 4th Monday of the month, or document
           information in the Drug Treatment Court MIS system when it
           becomes available, for statewide compliance.
     3.    Freedom House treatment provider will provide random urinalysis
           to Drug Treatment Court participants or as decided by the team and
           document results in progress reports or the Drug Treatment Court
           MIS system, when it becomes available.
     4.    Freedom House treatment provider will participate as an active
           member of the Drug Treatment Court team by attending Pre-Court
           staffings and court sessions, and Drug Treatment Court meetings.


IN WITNESS THEREOF, the parties hereto have caused this Memorandum
of Understanding to be executed by their duly authorized officers.


Freedom House


By:_________________________         DATE:______________________
      Trish Hussey
      Director




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Orange County Sheriff’s Office

      1.     Orange County Sheriff’s Office will assist Drug Treatment Court
             Team with law enforcement information in determining a
             defendant’s eligibility.
      2.     Orange County Sheriff’s Office will provide liaison role between
             Drug Treatment Court and other law enforcement agencies in
             Orange County.
      3.     Orange County Sheriff’s Office will assist Drug Treatment Court
             when periods of custody are imposed as sanctions for non-
             compliance with requirements.
      4.     The Orange County Sheriff’s Office will assist in providing
             accessibility to potential Drug Treatment Court defendants in
             custody by Drug Treatment Court Team.
      5.     The Orange County Sheriff’s Office will assist Intensive Probation
             Team in field supervision as requested and as resources allow.
      6.     Orange County Sheriff’s Office will participate as an active member
             of the Drug Treatment Court Team by establishing a constructive
             relationship with each participant to encourage program
             compliance.


IN WITNESS THEREOF, the parties hereto have caused this Memorandum
of Understanding to be executed by their duly authorized officers.

Orange County Sheriff’s Office



By:__________________________           DATE:______________________
      Lindy Pendergrass
      Orange County Sheriff




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Chapel Hill Police Department

      1.     The Chapel Hill Police Department will designate an individual to
             serve as a liaison to the Drug Treatment Court Team and the court.
      2.     The Chapel Hill Police Department will assist the Drug Treatment
             Court Team in providing law enforcement information to determine
             a defendant’s eligibility.
      3.     The Chapel Hill Police Department will assist the Intensive
             Probation Team in field supervision of Drug Treatment Court
             participants as requested provided that resources and point in time
             staffing allow for such assistance.
      4.     The Chief of the Chapel Hill Police Department, or his designee,
             will serve on the Drug Treatment Court Management Team.
      5.     The Chapel Hill Police Department will assist The Drug Treatment
             Court Team with consultation from professional staff of the Crisis
             And Human Services Division so far as resource permit.
      6.     The Chapel Hill Police Department will participate as an active
             member of the Drug Treatment Court Team by establishing a
             constructive relationship with each participant to encourage
             program compliance.


IN WITNESS THEREOF, the parties hereto have caused this Memorandum
of Understanding to be executed by their duly authorized officers.

Chapel Hill Police Department



By:__________________________           DATE:______________________
      Gregg Jarvies
      Chapel Hill Police Chief




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District Court Administration

       1.     Drug Treatment Court Coordinator will assist the Drug
              Treatment Court Team and North Carolina Drug Treatment Court
              Office with the monitoring and evaluation of the Drug Treatment
              Court as appropriate.
       2.     The Drug Treatment Court Coordinator will be responsible for the
              overall coordination of the Orange County Drug Treatment Court.
       3.     Drug Treatment Court Coordinator will screen all potential
              participants of drug treatment court for eligibility.
       4.     Drug Treatment Court Coordinator will assist in seeking funding
              sources, respond to grant applications, implement and monitor
              grant funds and provide fiscal, narrative and statistical information
              as required by funding source.
       5.     The Drug Treatment Court Coordinator will provide and/or seek
              ongoing training of Drug Treatment Court Team and coordinate
              quarterly team meetings.
       6.     The Drug Treatment Court Coordinator will provide leadership and
              direction, under the supervision of the Project Director and Chief
              District Court Judge, to insure compliance with The Guidelines for
              the North Carolina Drug Treatment Court Program and Orange
              County Drug Treatment Court Policies and Procedures.
       7.     The Drug Treatment Court Coordinator will be responsible for any
              annual report requested by funding source or North Carolina Drug
              Treatment Court Office.
       8.     Drug Treatment Court Coordinator will participate as an active
              member of the Drug Treatment Court Team by establishing a
              constructive relationship with each participant to encourage
              program compliance.
       9.     Drug Treatment Court Coordinator will provide community outreach
              to the faith community and area businesses for support.


IN WITNESS THEREOF, the parties hereto have caused this Memorandum
of Understanding to be executed by their duly authorized officers.

Orange County District Court



By:__________________________            DATE:______________________

       Joseph M. Buckner
       Chief District Court Judge




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Orange County Drug Treatment Court Team

All parties agree to be advocates for drug court. The team agrees that
termination from drug treatment court is the last option for any participant. The
drug treatment court team agrees to use Sanctions/Incentives to motivate
participants to become and remain drug/alcohol free and complete the court and
treatment process.

Orange County Drug Treatment Court
Management Committee

All parties agree to continue to be represented on the Orange County Drug
Treatment Court Management Committee. Membership may not be limited to
the parties in this agreement. The group will be responsible for the general
oversight of the Orange County Drug Treatment Court.


Agreement Modifications

Any individual agency wishing to amend or modify this agreement will notify the
Orange County Drug Court Coordinator who will notify the Orange County
Management Committee.



Termination of Agreement

Individual agencies contemplating termination of their participation in this
agreement shall first notify the Orange County Drug Treatment Court Coordinator
who will notify the Orange County Drug Treatment Court Management
Committee of their concern. The Management Committee will attempt to resolve
the problem to ensure the continuation of the Drug Treatment Court. If unable to
resolve the problem, the individual agency or office can exercise its right to
terminate this agreement by notifying all other parties in writing a minimum of 90
days prior to such termination.




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