|
Miami
Dade County Drug Court
In
1989, the Eleventh Judicial Circuit of Florida was the
first in the nation to implement Drug Court a
diversion and treatment program for drug offenders which
is overseen by the Court. Its main components are early
identification of appropriate candidates, diversion
from the ordinary course of prosecution, and rehabilitation
of defendants with intensive supervision by the Drug
Court judge and treatment specialists. The Program offers
drug offenders the chance to avoid prosecution, get
off drugs and change their lives in a positive direction.
Thousands of people have taken this chance in MiamiDade
County's Drug Court and have succeeded. Today,
this effective alternative to prosecution has generated
Drug Court activity in over 400 communities nationwide.
The
National Drug Court Commencement Day - June 16, 2009
FREQUENTLY
ASKED QUESTIONS
Miami-Dade
County Drug Court
How
is Miami-Dade County's Drug Court different from normal
prosecution through Criminal Court?
- Drug
Court is a diversion and treatment program. Defendants
with substance abuse problems are not prosecuted and
punished for their addiction. Instead, intensive
treatment and rehabilitation is used to help offenders
succeed in becoming and remaining drug-free.
- Participation
is voluntary.
- The
judge plays an essential role in monitoring participants'
progress in treatment, supporting positive behavior
and dispensing immediate sanctions for non-compliance
with Program requirements.
- The
Drug Court team is led by the judge and includes the
defense and prosecution attorneys, treatment staff
and other court related personnel that understand
the recovery process and work together to help clients
succeed.
- The
courtroom setting is nonadversarial. Attorneys are
generally quiet in Court to allow frequent conversation
between the judge and defendant.
Who
is eligible for Drug Court?
Drug
Court eligibility is governed by Florida Statute 948.08(6)(a).
Generally, a defendant must be charged with possessing
or purchasing drugs and the State Attorney must agree
to divert the offender from prosecution. Defendants
who have a history of violent crime, have been arrested
for drug sale or trafficking, or have more than two
previous nondrug felony convictions are typically ineligible.
In
addition to Drug Court, the judge holds pre-arraignment
calendars which allow non-violent homeless felons to
be released from jail and placed in residential/treatment
facilities. Through this mechanism, bondable homeless
offenders are not unduly detained in jail simply because
they lack a resident address, but are released to the
County's HART Program (Homeless Assessment Referral
and Tracking Services). Significantly, approximately
75% of HART clients are eligible and have volunteered
for Drug Court and the opportunity to resolve substance
abuse and other problems leading to criminal behavior,
arrest and jail.
How
long does the Program last?
The
program lasts a minimum of 12 months per statutory requirement.
However, Drug Court clients may spend 18 months or more
in the Program, depending on how well they comply with
requirements.
How
does the program work?
After
booking, defendants are screened for eligibility at
the Pretrial Detention Center. In Court, the judge explains
the program to new defendants, making it clear that
they should expect a year of treatment, that it will
be difficult to succeed, but that everyone involved
will give them all the help they need and keep encouraging
them to do better. Defendants are told they will
have regular urine tests and must return to Court an
average of once a month for review of their progress.
Those who refuse or withdraw from the Program are sent
to Criminal Court where a conviction may involve jail
time. Defendants who volunteer for Drug Court sign an
agreement to participate in the diversion and treatment
program.
Counselors
and the Court exercise a great deal of discretion and
flexibility in tailoring treatment plans to meet the
needs of each client to optimize individuals' abilities
to successfully progress. The program has three
phases, with drug testing and monitoring throughout
the entire program:
Phase
I - Detoxification
(12 to 15 days, but often continues longer when clients
have difficulty getting off drugs): Once clients have
volunteered to enter the Program, they are transferred
to the County's main treatment clinic to begin detoxification.
During this time, the counselor and client work together
to prepare a treatment plan which sets realistic short
and longterm goals, identifies barriers to achieving
these goals and develops strategies to overcome obstacles.
Treatment includes group and individual counseling,
12step fellowship meetings, and inpatient treatment,
if necessary. Approximately 85% of Drug Court participants
also use acupuncture to reduce withdrawal symptoms.
Counselors
recommend that clients move on to Phase II based on
an overall impression of their ability to succeed in
a less restrictive environment. At minimum, they
must have attended all 12 scheduled sessions with their
primary counselor and have at least seven consecutive
clean urine results.
Phase
II Stabilization (14
to 16 weeks, but can vary from two months to more than
a year): In the second phase, clients concentrate on
keeping clean by attending individual and group counseling
sessions and fellowship meetings, and often continue
acupuncture treatments. As in every phase, counselors
allow clients to decide on the types of treatment, as
long as their urine tests remain negative and they attend
required treatment and Court sessions.
Phase
III - Aftercare (8
to 9 months, but may be longer depending on the individual's
ability to stay drug free): Treatment continues in Phase
III, but clients also begin preparing for the future
by developing educational and vocational skills for
successful re-entry into the community. This may include
literacy and GED classes, financial aid, employability
skills, training and job development classes, as well
as access to current job listings and training programs.
What
are the benefits of Drug Court for offenders who successfully
complete the Program?
Program
"graduates" will have no conviction on their records,
a significant benefit in future employment and career
opportunities. First-time offenders will have their
case nolle prosequi and their records can be
sealed or expunged. For other offenders, the case may
be dismissed or have adjudication withheld. Most
importantly, clients who have a sincere desire to get
off drugs are offered the opportunity to avoid further
problems with the law and free themselves of lifeconsuming
troubles caused by substance abuse.
How
does the Drug Court judge monitor each participant's
progress in treatment?
The
Drug Court judge has a computer application in Court
which keeps track of every client's urinalysis record
and treatment reports. If they state they have attended
every treatment appointment, the judge can use the computer
to verify this immediately. The judge may choose to
be supportive or dispense a sanction, depending on each
individual's progress through the Program.
What
happens if Drug Court participants fail to comply with
the Program's requirements?
If
clients consistently fail to comply with Program requirements,
they may be removed from the Program and prosecuted
in Criminal Court. If convicted, they may serve time
in jail. However, only as a last resort and very
rarely, does the Court remove a client from the Program.
The judge, staff and counselors work hard to find a
way for treatment to work and participants to succeed.
If a relapse occurs, the counselor reviews the events
that came before the lapse to help the person cope with
feelings or events that triggered drug use. The
treatment plan may be changed to include more counseling,
fellowship meetings and Court appearances. If
positive test results become too frequent, the judge
may reassign the client to an earlier phase of the Program
or require residential treatment.
How
do clients "graduate" from Drug Court?
When
clients have completed the requisite one-year treatment
program and no longer need further monitoring or case
management services, the counselor recommends discharge
to the judge, who makes the final decision. Both
the treatment counselor and the judge examine participants'
overall recovery, including progress in academic and
vocational activities. At the final Court appearance,
clients "graduate" and are released from Court supervision.
Upon graduating, qualified clients may file a expunge
their arrest record.
Who
do I call if I have scheduling questions for Judge Deborah White-Labora?
Please
contact the judge's judicial assistant, Sonia Agostini,
at (305) 548-5103.
Who
do I contact for more information about Miami-Dade County's
Drug Court?
Please
contact Diana Diaz, Drug Court Coordinator at (305)
548-5135, or you may write to her at: Richard
E. Gerstein Justice Building, Room 103, 1351 N.E.
12th
Street, Miami FL 33125.
Who
do I call if I am a person with a disability who needs
assistance?
Please
contact ADA
Coordinator, at:
| Voice
Mail: |
(305)
349-7175 |
| TDD: |
(305)
349-7174 |
| Fax
No:. |
(305)
349-7355 |
| Email:. |
ADA@jud11.flcourts.org |
|
