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INCENTIVES, Sanctions and Therapeutic Responses BEST PRACTICE STANDARDS IN A NUTSHELL HELEN HARBERTS [email protected] [email protected]

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Page 1: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

INCENTIVES, Sanctions

and Therapeutic Responses BEST PRACTICE STANDARDS IN A NUTSHELL

HELEN HARBERTS [email protected] [email protected]

Page 2: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Adult Drug Court Best Practices

Standards, Volume 1, Section IV

INCENTIVES, SANCTIONS, AND THERAPEUTIC ADJUSTMENTS

Or, how to make your drug court work….

Page 3: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

REMEMBER! 1-2-3 EVERY TIME!

#1-Sanctions,

#2-Incentives

#3-Therapeutic Adjustments

These are applied to each target behavior, both

proximal and distal.

Page 4: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Consequences for participant’s

behavior must be predictable,

fair, consistent, and administered

in accordance with evidence-

based principles of effective

behavior modification

MESSAGE: NO SURPRISES, FOLLOW RESEARCH

Page 5: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

ELEMENTS:

Advance notice

Opportunity to be heard

Equivalent Consequences

Professional Demeanor

Progressive Sanctions

Licit Addictive or Intoxicating

Substances

Therapeutic Adjustments

Incentivizing Productivity

Phase Promotion

Jail Sanctions

Termination

Consequences for completion or

termination.

Page 6: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

ADVANCE NOTICE

Handbooks, policy, and range of responses is provided in writing up front.

Both participants and the team.

Warn people up front what the plan is!

How to the phase up? What happens if they goof? What if they need more treatment?

Consequences of either success or failure.

MAINTAIN discretion of team to address unique issues.

Page 7: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Opportunity to be Heard

Participants need an opportunity to be heard.

Their perspective on what happened and what

should be done is important

Participants receive a clear justification for why

a consequence is (or is not) being imposed.

Page 8: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Equivalent

Consequences

Equivalent consequences for

comparable conduct

Within a range, and based on

diagnosis and program status.

Watch for disadvantaged group

inadvertent consequences

Page 9: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Professional

Demeanor

No anger

No ridicule

No shaming

No abusive language

Little humor (later)

Page 10: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Progressive Sanctions

Sanctions must be progressive

Sanctions must be used to redirect behavior, not as

punishment.

Sanctions are delivered for:

Each infraction

For each target behavior

Based on capacity and whether it is a proximal or distal goal

Page 11: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Intoxicating or licit substances

Consequences for non medical use of alcohol, cannabis, prescription medications, licit or not

Use expert advice to determine what is medically indicated.

determine if the participant has advised the medical professional about substance use disorders,

determine if there are alternatives available.

There is often a valid reason to use these medications for a brief period.

Page 12: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Therapeutic Adjustments

People require medicine at the appropriate dosage to address illness. Also true of addiction.

We do not sanction if people are compliant in all aspects but the treatment is not working due to dosage. Reassess, and adjust the plan. This is NOT rare or unusual. Just take another look.

Treatment plans are made by treatment professionals, and ordered by the Court. Lawyers, probation officers, case managers, are not treatment, and they do not decide treatment plans.

Page 13: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Incentivizing Productivity

Spend as much, or more, time emphasizing productive behavior as

you do on reducing crime, drug use, and infractions.

Criteria for phase advancement should include productive

activities and prosocial norming.

REWARD DESIRED BEHAVIOR!

Page 14: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Phase Promotion

Realistic and defined behavior objectives, such as:

Completing treatment sections

Drug abstinence for identified periods of time.

Attendance goals.

Phase changes equate to changes in goals, and changes in incentives and sanctions.

Treatment is reduced only when clinically appropriate

Testing is NOT reduced until all other services are reduced and the participant is stable.

Phase set backs are temporary if there are challenges.

Page 15: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Jail Sanctions

Rare

Done after other interventions are tried unless there is a

direct threat to public safety.

Duration is definite, and no more than 6 days.

Typical is 24-48 hours.

Due Process applies, with counsel and fair hearing.

Page 16: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Termination

When participants can no longer be managed in the community

safely, or if they repeatedly fail to comply with requirements.

If they are compliant but continue to use, therapeutic response

is preferred unless unamenable to treatment

Termination requires due process

Sentence should not be enhanced because they failed drug

court.

Page 17: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Consequences of Graduation &

Termination

Completion confers some benefits

Administrative transfers are done in accord with the

issue presented

Terminations are sentenced on the original facts.

Page 18: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Remember:

Incentives (each target behavior)

Sanctions (each target behavior)

Therapeutic responses (treatment specific-NEVER

punishment)

Incentives are much more effective than sanctions.

Page 19: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Last word (personal opinion)

Study this: it makes a huge difference.

Be kind

Be patient

This is a VERY serious disease of the brain.

Be patient.

Do not give up until public safety is threatened.

Page 20: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Best Practice Standards Volume II – Chapter VII Drug & Alcohol Testing

By: Paul L. Cary Independent Forensic Toxicology Consultant

Page 21: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

A. Frequent Testing

Page 22: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Frequency of Testing■ drug courts often reduce testing frequency for non-

therapeutic reasons◆ cost saving measure◆ reward for good behavior◆ incentive for phase advancement

■ phase advancement often equates to a reduction in therapeutic measures◆ fewer staffings◆ reduced time before the judge◆ reduced supervision (visits with case workers/PO’s)◆ reduction in treatment sessions

Page 23: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

How does the court know, if these reductions in therapeutic measures has not increased the potential or risk for client relapse?

Page 24: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

How Often to Drug Test?■ Drug and alcohol testing is performed frequently

enough to ensure substance use is detected quickly and reliably.

■ for urine - test as often as possible - at least twice weekly

■ ankle monitors - 90 days■ tests that have short detection windows - more

frequently■ testing frequency remains constant

throughout phase progression

Page 25: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

B. Random Testing

Page 26: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Keep ‘Em Guessing■ The schedule of drug and alcohol testing

is random and unpredictable.■ effective drug testing must be random

◆ equal chance of being tested on any given day -INCLUDING weekends and holidays

◆ unexpected, unannounced, unanticipated◆ limit time between notification & testing

■ urine - no longer than 8 hours following notification■ four hours for oral fluids

Page 27: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

C. Duration of Testing

Page 28: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

■ basic tenet of behavior modification provides that the effects of interventions should be assessed continually

■ relapse is difficult to predict■ reduction of services comes the ever-present risk of

relapse or other behavioral setback■ duration of drug and alcohol testing continues until

participants are engaged in continuing-care or aftercare plan.

Duration of Testing

Page 29: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

D. Breadth of Testing

Page 30: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Breadth of Drug Testing■ Drug Courts must test for the full range of

substances that are likely to be used by participants in the program.

■ short comings to certain limited/standards panels◆ NIDA 5 or standard eight-panel

■ clients engage in evasion strategies◆ opiate switching - heroin to oxycodone◆ THC alternatives - marijuana to Spice/K2

■ randomize your drug testing panels■ alternative specimen options (oral fluids)

Page 31: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

E. Witnessed Collections

Page 32: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

“Witnessed” collection (for urine)

■ single most important aspect of effective drug testing program

■ urine collections not witnessed are of little or no assessment value

■ denial component of substance abuse requires “direct observation” collections of participants

Page 33: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

F. Valid Specimens - The Effective Use of Urine Creatinine

Measurements in Abstinence Monitoring

Page 34: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

EVERY urine sample collected for drug detection should be tested for

creatinine!

You can’t intervene to changebehavior if you don’t know a client has

relapsed!

The most common form of specimen tampering is sample dilution.

Page 35: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Client has a bladder full of urine with a drug concentration of greater than the cutoff level of the test - thus producing a positive result.

Urine in the bladder is diluted bythe consumption of large amounts ofnon-drug containing fluid; which results in a drug concentration that is less than the cutoff level of the test -thus producing a negative result.

DILUTION GOAL

Page 36: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

The “Dilute” Benchmark■ urines with a creatinines of less than 20 mg/dL

are considered “dilute” and rarely reflect an accurate picture of recent drug use

■ dilute samples are more like water than like urine■ incidence of low creatinines in a population

undergoing random drug testing is significantly (up to 10 times) greater than a non-drug tested population

Page 37: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

“Dilute” Result Interpretation:■ negative or none detected results should never be

interpreted as indicating no drug use (abstinence), because if, in fact, drugs were present, they probably could not be detected by the test

■ positive drug test results from a dilute sample however, are considered valid (donor was not able to dilute the sample sufficiently to deceive the test)

Page 38: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Creatinine Sanctions■ verbal warning■ community service■ write paper on how the kidney works■ increased surveillance (therapeutic

response)■ loss of privileges ■ jail time

Page 39: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Two thoughts about dilute urine samples . . . . .■ a creatinine of less than 20 mg/dL (associated

with a drug test) is nearly always an attempt by the donor to avoid drug use detection -REGARDLESS of how much liquid was consumed in order to achieve this result

■ place a dilute sample prohibition in your client contract and sanction for repeat dilute samples

Page 40: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

F. Valid Specimens –Specimen Tampering

Page 41: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Basics of Specimen Tampering -The Three Approaches

■dilution■ adulteration■ substitution

Page 42: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Controlling Specimen Tampering■ develop challenging collection strategy - ie. make

the testing unannounced and RANDOM!■ directly observed collections is the most effective

approach to preventing adulteration and substitution

■ inspect sample - train collection staff■ keep abreast of tampering techniques■ take temperature measurements (90˚ - 100˚ F)■ use laboratory employs specimen validity tests

& use with on-site devices

Page 43: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

G. Accurate and Reliable Testing Procedures

Page 44: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Two-Step Testing Approach

■ screening test – designed to separate negative samples from samples that are “presumptively”positive

■ confirmation test – follow-up procedure designed to validate positive test results◆ distinctly different analytical technique◆ more specific and more sensitive

Page 45: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Step Two - Confirmation

■ gas chromatography-mass spectrometry (GC/MS) or LC/MS or LC/MS/MS◆ drug molecules separated by physical

characteristics◆ identified based on chemical “finger-print”◆ considered “gold standard”

■ other chromatographic techniques

Page 46: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Why confirm ?■ Is it really necessary to confirm drugs that

tested positive by initial screening tests?■ Why can’t the court adjudicate cases

based on the screening test results?

■ FALSE POSITIVES

Page 47: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Drug tests & cross reactivity:■ screening tests can and do react to “non-target”

compounds◆ amphetamines◆ benzodiazepines

■ obtain list of interfering compounds from lab or on-site test vendor

■ initial screening (“instant” tests) may only be 60-70% accurate

■ confirm positive results

Page 48: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

H. Rapid Results

Page 49: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Timing is Everything■ timing is one of the most influential factors for

success in a behavior modification program■ the sooner sanctions are delivered after an

infraction and incentives delivered after an achievement, the better the results

■ Test results, including the results of confirmation testing, are available to the Drug Court within forty-eight hours of sample collection

Page 50: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Timing is Everything■ study of 70 drug courts show:■ significantly greater reductions in criminal

recidivism and significantly greater cost benefits when the teams received drug and alcohol test results within forty-eight hours of sample collection

■ 73% more effective at reducing crime and 68% more cost-effective

Page 51: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

I. Participant Contract

Page 52: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

Paint Roadmap for Success■ Upon entering the Drug Court, participants receive a

clear and comprehensive explanation of their rights and responsibilities related to drug and alcohol testing

■ outcomes are significantly better when Drug Courts specify their policies and procedures clearly

■ participants significantly more likely to react favorably to an adverse judgment if they are given advance notice about how such judgments are made

Page 53: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

The Importance of “Specificity”in a Client Contract:

■ “I understand . . . . . .”■ I will be tested for the presence of drugs in my

system on a random basis according to procedures established by the Drug Court Team and/or my treatment provider.

■ I understand that I will be given a location and time to report for my drug test.

■ I understand that it is my responsibility to report to the assigned location at the time given for the test.

Page 54: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

The Importance of “Specificity”in a Client Contract:

■ I understand that if I am late for a test, or miss a test, it will be considered as a positive test for drugs/alcohol and that I may be sanctioned.

■ I understand that if I fail to produce a urine specimen or if the sample provided is not of sufficient quantity, it will be considered as a positive test for drugs/alcohol and that I may be sanctioned.

■ I understand that if I produce a dilute urine sample it will be considered as a positive test for drugs/alcohol and that I may be sanctioned.

Page 55: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

The Importance of “Specificity”in a Client Contract:

■ I have been informed that the ingestion of excessive amounts of fluids can result in a diluted urine sample and I understand that my urine sample will be tested to ensure the sample is not dilute.

■ I understand that substituting or altering my specimen or trying in any way to modify my body fluids for the purposes of changing the drug testing results will be considered as a positive test for drugs/alcohol and will result in sanctioning and may be grounds for immediate termination from drug court.

Page 56: INCENTIVES, Sanctions and Therapeutic ResponsesPhase Promotion Realistic and defined behavior objectives, such as: Completing treatment sections Drug abstinence for identified periods

email address:■[email protected]