DRUG TREATMENT PROGRAM SUPERVISED BY THE COURT

BERGEN

• Inhabitants: app.. 250.000• Number of injecting abusers:

1000 – 2500

OSLO• Inhabitants: appr. 550.000• Number of injecting drug-

abusers: 6000-7500

Prison population

• Approximately 3400 prison cells• 71 out of 100 000 inhabitants in

prison • Average prison-sentence: 100 days• 60 % of the inmates have a drug-

problem1/3 of them are serving sentences for drug-related crimes

• In 2008 : 2800 community service sentences

BACKGROUND

• Working group with participants from different ministries.

• Mandate: to make a report on whether the Drug Court system should be implemented in Norway, and if so: how? Look to Dublin and Glasgow.

• The report was presented in September 2004, and the conclusion was that the results from other drug-court countries were so good that this was something Norway should try. The report suggested that the court should lead the drug treatment program.

• Comments: skepticism (especially the Supreme Court) to a system where the courts would be so involved in the serving of a sentence. The courts independence to the public administration.

• The result: Norway should implement a drug treatment program supervised/controlled by the court (not led by).

THE NORWEGIAN WAY

• Suspended sentence (various lengths) with the condition to attend a drug treatment and rehabilitation program supervised by the court

• Usually 2 years probation period• Legal authority: New statutory provision in

the Criminal Code, section 53 and 54.• The new section also decided that the

Ministry of Justice should give administrative regulation to the drug-treatment program.

• DTC day centre: unit under the Correctional service (like the prisons an probation offices)

BASIS

• Different ministries involved (Justice, health, welfare, education, labour and social inclusion)

• Different agencies – interdisciplinary team - located in the same day-centre

• Local steering group – leaders from:- correctional service- health service- local council- county administration (education)- police- district court

THE DTC-TEAM

• A leader/coordinator, employed by the regional level of the correctional service.

• A social worker employed by the local council.

• A psychologist/nurse employed by the local health service.

• A probation officer also employed by the correctional service.

• An educational adviser employed by the county administration.

• Communication - information• Other agencies

GOALS

• Rehabilitation

• Preventing new crimes

• Coordinating differentkind of help

PROCEDURE: arrest - sentence

• Arrest• Very often custody while the police are

investigating the crimes• Social inquiry report/assessment. The team

has to conclude whether the offender is suitable for the program or not. The public prosecution/the court has to formally ask for the report.

• The team usually needs 5-8 weeks to finish the report. We talk to the offender and we get information from other agencies. Then the team work closely together to conclude on suitability.

• When we have finished the report we send it back to the public prosecutor.

• Then we have to wait until the main hearing is over and the judge passing the sentence, then we formally start the serving of the sentence.

THE JUDGES - supervising

• There are 6 judges in both Oslo and Bergen District court who are Drug Court judges.

• Each participant get their “own” judge. The judge is not the same judge that pronounced the sentence.

• The drug court judge and the participant meet for the first time, soon after the conviction. (Informal meeting in the Judges office).

• The judge is not part of the team and there are no pre-court meetings.

• When the DTC-team find that the participant qualifies to be transferred to the next phase – the DTC-leader sends a petition to the court.

• Between the phases the judge has follow-up meetings with the participant.

• When there is breach of conditions the DTC-leader also sends a petition to the court.

4 PHASES

• 1. implementation-phase• 2. stabilization-phase• 3. responsibility-phase• 4. the last phase will focus on getting

on with normal lives

• The phases will last as long as they have to, different from person to person. The whole program is adjusted very individually.

BREACHES

BREACHES - SANCTIONS

• Drug abuse, not keeping appointments, no progression

• DTC-team- warnings

• Court - new conditions

- put back to an earlier phase- prison (all of the prison sentence or

a part of it)• NB! Very individually• DTC-leader/coordinator conducts in

court• New crimes – police/public

prosecution

http://www.altavista.com/r?ck_sm=1df1e757&mmid=78998312&ci=&rpos=43&ref=40700090096&r=http://www.1funny.com/punishment.shtml

MAKING A DIFFERENCE ??!!Alternative to prison

Status pr. 23.06.09

• Number of sentences: 91• 6 has succeeded

• Ca 45 % still going strong!!

• Look behind the numbers!!!!!!…..

• Breaches: receiving a prison sentence

WHAT IS SUCCESS?

COSTS - EFFECTIVENESS

EVALUATION

DRUG

THE FUTURE

• Report to the Storting/Parliament sept. 2008

• Political will – all the political parties• The Supreme Court• Media• Funding??• Bergen and Oslo safe as pilots.