DRUG TREATMENT COURTS.DRUG TREATMENT COURTS.THE SUCCESSFUL CASE OF CHILE.THE SUCCESSFUL CASE OF CHILE.

Catalina Droppelmann R.cdroppelmann@pazciudada

na.clSantiago, Chile

CHILE

Population 16,432,674

Capital Santiago

Official language Spanish

Government Democratic republic

President Michelle Bachelet

GDP (PPP) total US$ 196,401 million

per capita US$ 12,983

Population 16,432,674

Capital Santiago

Official language Spanish

Government Democratic republic

President Michelle Bachelet

GDP (PPP) total US$ 196,401 million

per capita US$ 12,983

Fundación Paz Ciudadana (FPC)

Is a non-partisian, non-profit organization founded in 1992.

FPC works in close collaboration with governmental and non-governmental institutions, as well as with the media and renowned professionals from the public and private sectors.

Contribute to reducing crime and fear of crime by providing technical support to the formulation of the relevant public policies and transfering knowledge and work methodologies to tackle the problem.

MISSION

Criminal Justice System in Chile

2000-2005: radical criminal justice reform:

­ Transformation from an inquisitorial and written system to an adversarial and oral procedure.

­ New institutions: Public Prosecutor’s Office, National Defense Service (public/private).

­ New Procedural Code.

­ Introduction of regulated discretion: simplified procedures and diversion figures.

Crime has been rising for the last decade.

Prison population has been increasing.

High prison population rate, by international standards.

Drug offenders represent 9% of the prison population, and 1% of recorded crime.

67% of arrestees* tested positive for any illegal drug, and 60% for cocaine.

* arrested for: theft, robbery, assault, homicide and rape.

¿ Why is it important to implement DTC’s in Chile?

1176

2.502 2.490

0

500

1000

1500

2000

2500

3000

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006

* Considers theft, robbery, assault, homicide and rape.Source: Ministery of Interior, 2006

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006

Denuncias 166.482 172.487 196.253 218.481 263.740 294.529 357.619 399.507 407.000 409.093

Cada 100.000 Hbtes 1.176 1.202 1.349 1.480 1.694 1.871 2.246 2.482 2.502 2.490

Recorded Crime* Rate 1997-2006

(per 100.000 inhabitants)

Source: Chile, Anuario de Gendarmería, 2006

Prison Population in Chile (1996-2006)

39.41737.003

-

10.000

20.000

30.000

40.000

1996 1998 2000 2002 2004 2006

+ 6.5%

Source: World Prison Population List (7th edition)

N:1141839

Source: National Prosecutor Service, 2007.

Source: FPC, I-ADAM in Chile, 2005

67%60%

38%

1% 1% 1%

Any ill

icit d

rug

Cocain

e

Mar

ijuan

a

Amph

etam

ines

Met

hamph

etam

ines

Opia

tes

Arrestees Drug Abuse% of arrestees who tested positive in urinalysis for:

* arrested for: thefts, robberies, assaults, homicides and rapes.

ADAPTATION AND APPLICATION OF THE DRUG TREATMENT

COURTS IN CHILE

Monitoring and evaluation

Carring out

Expansion and gaining institutional support

Adaptation-pilot proyect

Awarennes and training

Research

Interinstitutional Project coordinated by:The Drug control OfficeThe Prossecutor Office

Fundación Paz Ciudadana

Implementation: Stages of the process

Implemetation: Stages of the process

Research: in 2003/04 FPC considers the feasibility of introducing DTC in Chile and analyses the legal framework; first international contacts and publications were made.

Raising awareness : in 2004 and 2006 international experts visited Chile and in 2005 a Chilean delegation participated at the NADCP Conference.

Model adaptation - pilot projects: Valparaíso (2004), South Santiago (2005), Downtown and North Santiago (2006).

Implemetation: Stages of the process

Stages of the process (cont.):

Expansion/ gaining institutional support: national working group on DTC (2006); special quota at treatment programs, public funding to support the pilot projects.

Operation: Local initiatives since 2004; that have become official Government pilot projects since 2007.

Follow up and evaluation: gathering data and looking at the process.

In wich stage of the legal process do the DTCs operate?

The contact with Justice could be an opportunity to provide treatment to offenders with drug problems.

There have to be different alternatives in all thE stages of the criminal justice process in order to give a response to offenders with different needs.

DETENTION LEGAL PROCEDURE

PRISION SYSTEM POST PRISION SYSTEM

DRUG TREATMENT COURTS

Legal Context: Conditional suspension of theprocedure

Conditional suspension of the procedure

­ It´s allowed for offenders without any previous criminal records and risking penalties below 3 years of prision.

­ The measure allows regular hearings, in which the conditions might be modified.

­ The judge cannot impose periods of incarceration.

­ If the participant commits another crime or violates the conditions the measure can be revoked.

­ If it is fulfilled, the original charges are dismissed.

The institutions involved in the program sign a statement of support:

1. Supreme Court.2. Ministry of Justice.3. National Drug Control Office.4. Prosecuttor Office.5. Defendant Attorneys National Office.6. Fundación Paz Ciudadana.

These institutions participate in a interinstitutional workshop that cares for the expansion and look for terms agreements to promove the DTC´s in Chile.

Gaining institutional support

Coordination of the National DTC Project

A small operative group cares for the implemetation process and gives support for the programs. It is composed by:

Conace (National Drug Control Office): Gives finantial support for treatment and for court liason proffesionals. Cares about treatment and clinical screenning process.

Prossecutor Office: Coordinates the legal aspects of the project. Hire the court liason and ccordinated each program by the coordinators in every local program.

Coordination of the National DTC Proyect

(cont) A little operative group cares for the implemetation process and gives support for the programs. It is composed by:

Fundación Paz Ciudadana: Make awareness with projects that are starting. Gives technical support, train judges, prosecutors and defendant attorneys. Supervise the impmentation process. Makes process and impact evaluations and ensure that the project grows with fidelity to the DTC approach and their key.

Minimum elements to instal a DTC

¿When?Prehearing meetingsand hearings blocks

¿How?• Mission of the program.• Clear ellegibilty criteria.• Goals.• Procedures.

¿Who?Judge, prossecutor,

defendant attorney, court liason.

¿With whom?Tratment providers and

Social proteccytion services.

DTC Team

Judge

Court Liason Prosecutor CoordinatorDefender Attorney

Treatment Providers

Tecnical assitance

Conace

Technical assistance FPC

Procedures

Legal evaluationUnsuitable

Suitable

Continue the regular process

First Drug Assessment (Suspiction of drug abuse)

+ Drug abuse - Drug abuse

2nd Drug Assessment Confirmation of Drug abuse

Confirm Descart

First Hearing Judge decree the CSP and establishes the work plan

Follow up hearingsGraduation

Pre-court meetings to discuss the cases

Finish of the cause/Charges dismissed

Reports

DTC Programs

There are DTC programas in 2 cities:

1. Valparaíso: DTC in 1 court.2. Santiago downtown: DTC in 6 courts.3. Santiago south: DTC in in 4 courts.

2008 proyects:

1. Iquique: DTC in 1 court.2. Antofagasta: DTC in 1 court.3. Santiago west: DTC in 1 court.4. Santiago east: DTC in 3 courts.

DTC Programs

1

5

6

12

18

0 5 10 15 20

2004

2005

2006

2007

2008

DTC

Growth of DTC´s in Chile

At the end of 2008 we will have 18 courts working under the DTC model

Abandon46%

Expulsion35%

New crime19%

41

75

26

13

0

10

20

30

40

50

60

70

80

90

100

In evaluation In program Out of the program Graduates

Total: 155

ResultsOut of the program

CHALLENGES

Challenges

The expansion has to be faithful with DTC approach.

Current institutional support.

Accountability al least of one institution.

Exploring other legal tools to expand the program to more offenses.

Counting with reinsertion programs and work offers for graduates.

Challenges

Creating a DTC national public policy without forgetting the differences between the communities.

Making good evaluations in international standars.

Having continuous training for the operators of the system.

Share experiences with other countries.

Challenges

The principal challenge is that the institutional goals do not interfere with the expansion of the project.

Criminal Justice System: Reduce recidivism.

Health (treatment services): Promote mental health by attacking the drug use.

¿How to create accountability in a project in which a lot of institutions are involved?

It is easier from the local level.

Personal commitment of the operators of the system is very important.

Promotes alternatives

To incaceration

Insert innovation

into Criminal Justice System

Decrease drug use

Promote public savety

Reduce recidivism

Save costs

DTC

Showing the benefits of the DTC approach for each institution

Home officeProsecutor Office

Home officeProsecutor OfficeCriminal Justice systemCriminal Justice System

NGO´s

Criminal Justice SystemNGO´s

National Drug Control OfficeHealth System

Government

BEING FAITHFUL WITH THE DTC APPROACH

The expansion of the program has the problem of converting it in a simple diversion to treatment.

What we know?

The sucsses of DTC is realated to the Key components,

speccially with the role of the judge and the suppervision

Challenges related with the Key Components

Working with a non-adversarial approach.

Professionals specialized in DTC with work time assigned to the program.

Trust between treatment and justice.

Incorporate the tools from the motivational interview to reduce the rate of desertion.

Improve coordination between treatment and court working with a few of treatment providers.

Incorporate drug screening.

More training for judges.

FACING THE IDEOLOGICAL PREJUDICES

DTC are a voluntary alternative, that allows entereing a treatment program instead of the traditional proccess

Coersion: An institutional presure to enter into treatment.

Autodetermination theory: People under coersion could be affected in their basic need of autonomy, that could interfere the interest and participation in a treatment program.

¿What motivates people to entre into a treatment program?

Voluntary

Voluntarity

Work Health problems Couple problemsLegal problemsFamily problems

Aviod negative consecuences

of drug use

Recrimination Guilty Anxiety

Voluntarity

Research• The perception of coertion affects speccially people who do believe that they do not have a drug problem.*

• The compulsory treatament can create the feeling of coertion, but it does not necessary affect the motivation to tretament.**

• Reseach shows the same outcomes in decrease drug use in treatment under coertion and tretament for general population out of the legal context.***

Reductions in Drug Use

0

0,02

0,04

0,06

0,08

0,1

0,12

0,14

Intake 6 months 12 months 18 months

Mea

n E

urop

AS

I Dru

g U

se

Sco

re

'Voluntary'

QCT

*Wild, T., Newton-Taylor, B., Alletto, R. (1998). **Stevens, A. (2005).

DRUG TREATMENT COURTS.DRUG TREATMENT COURTS.THE SUCCESFUL CASE OF CHILE.THE SUCCESFUL CASE OF CHILE.

Catalina Droppelmann R.cdroppelmann@pazciudada

na.clSantiago, Chile