..^ccArunQFTTc;TRIALCQURTUWLlbHfthip 34404001339542 UMASS/AMHERST 312066 0367 3166 1 THl- CQMMONWl-ALTH OF MASSACMUSETTS ADMINISTRAnVI- OFFICE OF THKTRIALCOURT \i4 Two Cemcr PUiza BoMori. M;is.sacliur.etLs02108 LYNNE Ci RhKD Tel' (617) 7-12-SS75 Executive Dircclor Fux:(617)7.1:^yx^i PI 1 FEB 2 2 2007 TO: All A.O.T.C. Directors a HAMPSHIRE LAW LIBRARY FROM: Lynne G. Reed NORTHH'\'lPT0Mi|AClCG2. Executive Director DATE: January 31. 2001 RE; Drug Court Policy Enclosed for your infonnation is the Trial Court Policy for Drug Court Sessions which was recently promulgated by ChiefJustice Dortch-Okara. LGR/iiid Enc, cc: Honorable Barbara A, Dorlch-Okara ChiefJustice for Adniinistj-alion and Managetncnt 600/200 ® lanoD ioiHisia 39Nvao P MASS KFM 2915 .M37 2001 Massachusetts. /Administrative Re: Drug Court policy DATE DUE This item may be kept DAYS 14 IT MAY BE RENEWED ONLY ONCE coo® [i6S9 ON XH/XXl 8C:t'T llHX Z002/22/20 TRIAL COURT OF FHE COMMON^VEALTH TRIAL COURT POLICY FOR DRUG COURT SESSIONS L Introduction. The fallowing policy is promulj^atcd for the direction and guidance of(hose court'; winch seek to ci.tabhsh drug court sessions within The sevenil departments ofthe Tnal Court. Drag court sessions shall be administered in .iccordaiice with the principles set forth in Supreme Judicial Court's SM^,rds_on_Sabstr^ (4/28/98) ai,d such Sessions shall be conducted in aprmacatnincaebrled,esdur'u,gnccdotuonfossetsesriotlnise ainmdpltehmeenOtOaitcieonofofCothmomsuenSittayndCaorrdrse.ctTioontsheshmalalxciomourmdmeaxttcenitticir activities and work cooperatively in providmg substance abu.se treaimcnl and over^iight to defendants. II. Puqjose. The purpose ofthis policy is to allow for innovation and nexibility in the establishment and operation ofdrug court sessions in the several depaxtrncnUs ofthe Trial Court while simultaneously providing guidelines for theirconsistent administration, taking into account the need for variations betwcer| drug court sessions to meet individual community needs. IIL Dellnilions. CU?Lh- CAtrk, as used in this policy statement, shall mean, as may be appropriate in the context, a clerk (clerk-magistrate) ofthe District Coun. Boston Municipal Court Juvenile Court or Superior Coun Dcpanment ofthe Tnal Court or a rcpjster ofprobate in the Family and Probate Court Department, Clerk may also include, as may be appropriate in the circumstances an assistant d.^ (assistant clerk-magistrate) or an assistant registcr_ofQrohrit«: in any ofthe foregoing dep;irtments ofthe Trial Court. DruiicouiiscssiGn: DrUiLcourt sessions are sessions established and designed to integrate substance abuse treatment, sanctions, and incentives with ca.se processing in order to place drug and substance involved defendants injudicially supervised rehabilitation programs. Pinidjiariis: In this policy statement, depending upon various circumsLinces, persons subject to the jurisdiction ofdrug court sessions arc identified as .^et^lant^.^iivtmilcs, Kolationers or parTiciiwits- hi many instances, several ofthese identifyrng'terms might apply simultaneously to a particular participant Proha«it:)n.officer. In Lhis policy statement, probation officer may also include a family service olficcr in the Probate and Family Court Department. 600/SOO © iyno3 loiHisia 39Nvyo foom i^6ss OM xa/xi] 8c:n im ioo^/ss/so rV, Drug Court Sessions. Drug court sessions may be established and mJiiiitaincd by individual divisions ofthe several departments ofthe Trial Court for the adjudieation and disposition ofcriminal, cnrninal contempt or tlelinquency cases in which die defendants or delinquents exhibit, a5 factors contributing to or aggravating their illegal couducL, abuse ofor addiction to narcotic drugs, alcohol, other harmful substances or any combination ofthem. Where established, drug court sessions shall be maintained as an integral part ofthe participating couils' sitting schedules and shall not be deemed to be or operated as separate, freestanding courts. vSpecificjudges shall be assigned to preside regularly in dnig coun sessions. On a non- exclusive bajiis. supj>on stafffrom clerks' offices and from probation departrnenis should be assigned regularly and, to the extent practicable, on a continuing basis to drug court sessions. Da»g court sessions should be held in regularly designated courtrooms on specific days and at fixed times each week. V, Objectives ofDrug Court Sessions. It is tlie objective ofdrug coun sessions, subject tojudicial supervision and, where necessary, control, to: • Educate participatingjudges and court personnel on available resources in the community for use in support ofdrug court activities; Idcnti[y appropriate service providers on an on-going basis in consultation with the Office ofCommunity Corrections; » Promote optimal and timely utilization ofexisting comnnmity based resources including, as approj)rintc, tliose provided by the Office ofCommunity Corrections; Pertbrm initial and on-going assessments ofparticipants' progress toward sobriety; Order regular and random substance testing to assure that the participant is and remains drug and alcohol free; Recommend, where appropriate, treatment to be provided by Community Corrections levels ofservices; • Maintain and facilitate afteicare and exit procedures in order to effectuate relapse preveniion; Seek to identify or develop transportation resources for participants; • Cooperate with outstanding warrant enforcement programs; 2 BOO/t'OO ^ lanoa iaiaisia 39Nvao t702St?t7S816 XVd OS 1002/22/20 I I I [ I p p 1 SOO® [Z6SS ON Xa/XX] 8C:M 11H1 LQQZ/ZZ/ZQ Contribute to the dcvcloptiicnt and maintenance ofstandardized policies and procedures for and among druf; court sessiorLS, consistent witli the needs ofindividual communities, through open communications and the sharing ofinformation within the Trial Court on a regular basis; and • Cooperate with and participate in data and statistics gathering activities in order to ascertain or evaluate the elTcctiveness ofdnig court sessions and for future planning purposes. VI. Establisliinenl ofDrug Court Sessions. In considering ihc desirability ofestablishing a drug court session at a particular court location, the firstjusiice ofthat court should evaluate the needs ofthe community served by the court, the availability ofresources within the community and the support for a drug court session among the court'sjustices and supporting personnel and among potential service providers. Tlie first justice should then consult wiih that department's ChiefJustice and the Commissioner of Probation or his/her designee in order to plan for a drug court session's on-going operational needs and to identify services and treatment resources which might be made available to the participating court: Thercaflerand prior to establishing a dmg court session, thejustices ofthe court sh:ill consult with their department's ChiefJustice, their clerk and chiefprobation officer to ascertain their interest and cooperation in pursuing establishment and maintenance ofa drug court session within the coun. Community providers, including transportation resourcCvS, should be identified prior to the establishment ofthe session to confirm thai sufficient provider resources are available to support the proposed drug court session. Where apphcable, the probation ofilccr in charge and/or director ofa Community Corrections Center scrvijig the court should also be consulted to address and resolve any foreseeable operational issues prior to the session's establishment. Ifsuch discussions should disclose a substantial impediment to the effective operation of a drug court session at a particular location, ahernative approaches to the processing ofcases involving substance abuse or addiction should be considered. Vll. Procedures and Referrals. The clerk ofthe drug court session shall rnainiaih and publish aweekly list ofcases for the drug court session and shall establish procedures for the separate tiling and handling ofdrug court case files. The chiefprobation officer ofthe participating court shall determine the assignment of probation officers to the drug court session. To the extent practicable and consistent with the coun's other responsibilities, such assignments shall be made on a regular and continuing basis. 600/500 ® lanoD ioiaisia 39Hvao t702St?l758i8 XVd OS t7L iOOS/Sc/ZO I I I I I I p I I I I I 900® [i6SS ON Xa/XX] 8C:n llHl 1002/^2/20 Personnel ofthe Otfice ofComnmnity CorTCclions shall appear at the dnig court session as instructed by a reporting center's director or probation officer in charge or as ordered by the judge assigned to the d;iig court session. When ajudge assigned to a drug court session determines it to be appropriate and necessary, he or she may order a defendant to deviate from the usxial terms ofa probation supervision program, e:^pecially when to do so might be necessary to assure the defendant's appearance at ihc dnig court session. A Trial Courtjustice at a court which does not maintain a drug court session may order, upon a proper interdcpartiTiental transfer, the transfer ofa case to a drug court session. A referral may be made before or after final disposition ofthe defendaat/juvenile's underlying cnminaj/dclinqucncy casc(s). Before accepting any such referral, thejudge in the drug court session shall determine it to be programmaticully and geographically appropriate for transfer. Cases determined by the judge in the drug court session to have been inappropriately referred to the drug court session may be rernajided to the court oforigin. Upon accepting a referral from anothercourt, thejudge in the drug court session may require the referring court to xssign a probation officer to the drug court .session to supervise the referred ca.se(s). Tliejudge in the diiig court session shall determine the procedural aspects ofreferrals, including the transfer ofcase file papers, reporting requirements, docket control and probation record entries and updates, after consultation with the firstjustice, clerk and probation department ofthe referring court or theirdesignees. VIn. llcsources and Funding, To the extent practicable, a drug court session shall draw its financial support from the participating court's cunent appropriation. A drug court session shall not utilize a funding source outside the participating court's appropriation for continuing, operational expenses Without obtaining prior approval from that court's departmental ChiefJustice. Nor shall a court seek or maintain the establishment ofseparate line items in its appropriation requests or accounts in support ofa drug court session except with the explicit authorization ofthe courts' dcpanrnental ChiefJustice. The fir.sljustice ofa court may apply to his or her departmental chiefjustice, as part of the establishment proces.s, for training and mobilization resources in the form ofteclinical support and assistance. In accordance with the Trial Court's grant policy, the firstjustice ofa court shall obtain the prior authoiizalion of that court's departmental ChiefJustice before seeking funding orother assistance from any federal, state, municipal, non-profit or other agency, organization or n 600/900 ® ianoo iGiaisia BSHvao poz9t>v9BLe xvj is ioos/ss/so