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West Virginia’s Drug Courts:An Overview

Division of Probation Services, 2012

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Drug Courts Defined Best understood as a diversion into a judicially

managed treatment program with intensive supervision of participants by Probation, Treatment and Law Enforcement professionals.

Both Juvenile and Adult Programs are available in various West Virginia Courts.

Both the Juvenile and Adult Programs are administrated by the West Virginia Division of Probation Services.

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Statutory Framework Adult Drug Court Statute:

West Virginia Drug Offender Accountability & Treatment Act, W. Va. Code §62-15-1, et seq.

Juvenile Drug Court Statute: W. Va. Code, §49-5-2b

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Key Features of Adult Drug Courts Adult Drug Courts are intended to address addiction, and thus

seek as participants offenders who are both high risk (of future offenses) and high need (severity of substance problem).

Governed by the 10 Key Components.

Key Team members are the ADC Judge, the Prosecutor, the ADC Probation Officer and Treatment professionals.

As of June 30, 2012, there are 340 active ADC Participants among 15 operating circuit court programs.

4 additional ADC programs are in the planning stage and will begin operations within the current fiscal year.

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Key Features of Juvenile Drug Courts Juvenile Drug Courts, in addition to the obvious difference of being

directed at a younger target offender, also are an attempt at early intervention and therefore are directed at participants with a substance abuse problem, rather than an addiction.

JDC’s are governed by the 16 Strategies.

Key team members are the JDC Judge, the JDC Probation Officer and Treatment professionals. The Prosecutor remains a member of the team, but does not have as authoritative a role in JDC.

As of June 30, 2012, there are103 active JDC clients among 11 operating programs.

As of July, 2012, there are12 operating programs, with 3 in the planning stage that will open in the next 60-90 days.

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Adult Drug Court Outcomes Lower costs: Compared to traditional criminal justice system,

Adult Drug Court processing, treatment and other investment costs averaged $1,392.00 lower per drug court participant nationally. Also on a national basis, reduced recidivism and other long-term program outcomes resulted in public savings of $6,744 on average per participant (or $12,218 if victimization costs are included).

Lower recidivism: Data are still being collected, but one 2002 study in Florida found that within a two-year follow-up period, the felony re-arrest rate decreased from 40 percent before the drug court to 12 percent after the drug court started in one county, and the felony re-arrest rate decreased from 50 percent to 35 percent in another county. (The West Virginia ADC program has not yet provided sufficient data to evaluate).

The best available data show that drug courts do a better job for less money.

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Juvenile Drug Court Outcomes

“Lower rates of substance use and delinquency for the JDC participants as compared to the family court” and “JDC participants not only recidivated at a substantially lower rate, but they also served significantly less time in secure juvenile detention and residential facilities” Painting the Current Picture: A National Report Card on Drug Courts, NDCI – July 2011

93.1% of West Virginia JDC graduates did NOT reoffend in the juvenile system

JDC community-based intensive supervision and outpatient treatment is approximately an 8-month program and costs an average of $6,403 per graduating youth

The alternative treatment for juveniles with substance abuse issues is a 6-month minimum in-patient treatment program which can cost between $44,100 to $99,000 per youth.

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Evidence-Based Practices: Substance Abuse & Addiction Treatment

In the context of providing treatment to participants for their substance abuse & addiction issues, the West Virginia Drug Courts use a treatment model that strives to incorporate evidence –based treatments such as Moral Reconation Therapy, MATRIX Model, and Multi-Systemic Therapy

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Challenges to Drug Courts Treatment Providers & Resources Drug Testing (Especially Synthetics) Regulatory Compliance (Especially Confidentiality) Funding Logistic barriers to providing access to rural

populations Maintaining program integrity & training Education of community, especially criminal

justice and treatment professionals Aftercare services

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The most significant legal authority governing confidentiality in drug courts is set forth in the Federal Regulations at 42 CFR Part 2

These regulations were adopted to protect the confidentiality of Alcohol and Substance Abuse Treatment records

Covered information acquired by affected programs is confidential, subject to exceptions set forth in the statute and accompanying regulations

Treatment information is defined as all records and information relating to “the identity, diagnosis, prognosis, or treatment of any patient” in a substance abuse program

42 CFR Part 2

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While information defined as confidential by these regulations may be communicated as needed within the Drug Courts, disclosure outside the Drug Courts may only occur in the following situations:

With the voluntary and informed written consent of the participant In response to a valid Court Order To medical personnel to the extent necessary to meet a bona fide medical

emergency Also, information that does not disclose a participant’s identity may be shared

with qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation

Additionally, disclosures may be made without consent in the course of a medical emergency, in order to report crimes on the premises or crimes against the Drug Court staff.

Disclosures must be made when necessary to comply with state child or elder abuse laws, state laws relating to cause of death, and when necessary to meet a duty to protect others (i.e., to warn of imminent, serious harm).

Permissible Disclosures Under 42 CFR Part 2

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Confidential information is information that sets forth: The identity of a patient in a substance abuse program The diagnosis of a patient in a substance abuse program The prognosis of a patient in a substance abuse program The treatment of a patient in a substance abuse program

Examples would include any information or records: Identifying someone as a Drug Court participant Setting forth drug testing results Providing notes or records from therapy Noting sanctionable activities

Identifying confidential information & Documents

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Contact Information Mike Lacy

DirectorDivision of Probation Services

Phone: 304-558-0145

E-Mail: Mike.Lacy@courtswv.gov

Lora MaynardDeputy Director for Drug CourtsDivision of Probation Services

Phone: 304-558-0145

E-Mail: Lora.Maynard@courtswv.gov

Rob McKinneyCounselDivision of Probation Services

Phone: 304-558-6844

E-Mail: Robert.McKinney@courtswv.gov