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Sandoval County Juvenile

Drug Court

Policies and

Procedures Manual

Updated March 31, 2010

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INDEX

1. Mission Statement

a. Vision

b. Values

2. Drug Court Structure

a. Drug Court Team

b. Drug Court Advisory Board

3. Client Intake

a. Eligibility

b. Referral Process

c. Assessment Process

d. Entrance Process

4. Program Design

a. Program Length

b. Orientation

c. Program Phases

i. Phase Zero (Detox)

ii. Phase 1

iii. Phase 2

iv. Phase 3

v. Phase 4

vi. “Limbo”

vii. Inactive Status

viii. Time Credit for Residential Treatment

d. Graduation

e. Termination (Voluntary / Involuntary)

i. Termination Process

f. Treatment Design

g. Case Management

h. Drug Staffings / Sessions

i. Client Supervision

j. Drug and Alcohol Testing

i. General Information

ii. Observation

iii. Phase Testing

iv. Random Testing

v. Weekend Drug Testing

vi. Negative (Clean) Tests

vii. Positive (Dirty) Tests

viii. Alcohol Metabolite (EtG or EtS) Testing

ix. Missed Tests

x. “Flushed,” Diluted, or Altered Urine Samples

xi. Technical Dirty UA’s

xii. Continued Positive Samples

k. House Arrest / Curfews

l. Electronic Monitoring

i. SCRAM Bracelets

ii. Community Custody Program (CCP)

m. Incentives / Sanctions

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n. Education

i. Educational Plan

ii. School Attendance

iii. School Behavior

iv. Tutoring

v. GED Programs

vi. Secondary Education

o. Restorative Justice

i. Orientation

ii. Graduation Circle

iii. Termination / Re-entry

iv. Major Incidents / Violent Crimes

p. Santa Fe Mountain Center

5. Ancillary Support Systems

6. Record Keeping System

7. Management Information Systems

8. Confidentiality

a. Confidentiality Guidelines

9. Appendix

a. Referral Form

b. Drug Court Participation Agreement

c. Order Remanding Matter to Substance Abuse Court

d. Order Joining Parents Party to Petition

e. Waiver of Legal Rights

f. Client Exit Interview

g. Drug Use and Testing Observation Agreement

h. ETG Contract

i. Electronic Monitoring Agreement

j. Ankle Monitor Instructions

k. Sobrietor Instructions

l. Sanctions Grid Phase 0

m. Sanctions Grid Phase 1

n. Sanctions Grid Phase 2-4

o. Federal Confidentiality Policy Agreement

p. Drug Court Team Weekly Confidentiality Agreement

q. Thirteenth Judicial District Transportation Policy

r. Client Handbook

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1. Mission Statement

The Sandoval County Juvenile Drug Court is a program designed to address the

individual needs of Sandoval County juveniles in the legal system who struggle with drug

and alcohol abuse. The program uses multiple interventions including drug testing,

counseling, regular court appearances, and educational opportunities that are centered on

the skills necessary to maintain a clean and sober lifestyle.

a. Vision

The Sandoval County Juvenile Drug Court Program aspires to reconnect its participants

to their family and community through a collaborative approach to treatment and

rehabilitation. This is established through community alliances with schools, businesses,

state and local governments, and Juvenile Probation and Parole to:

Help Sandoval County Juveniles live a clean and sober lifestyle.

Reduce or eliminate recidivism.

Encourage and facilitate education and employment.

b. Values

The Sandoval County Juvenile Drug Court Program honors the following principles in all

aspects of its prevention initiatives:

Family oriented educational and maintenance programs that create healthy

relationships for offenders.

Educational and vocational training that builds skills necessary for an

increasingly complex society.

Individualized strength-based recognition/approach that allows

participants to create positive goals relating to their interests and talents.

Intervention philosophy that serves participants with positive rewards and

incentives for successful completion of program requirements.

_________________/s/_________________

Approved Louis P. McDonald, Chief Judge,

Thirteenth Judicial District Court

Revised March 31, 2010

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2. Drug Court Structure

a. Drug Court Team

The Sandoval County Juvenile Drug Court Team is the decision maker for the program

and its participants. The Drug Court Team is made up of many members including: the

Drug Court Judge, Drug Court Special Master, Program Coordinator, Drug Court

Probation Officer, Drug Court Administrative Assistant, Public Defender, Children’s

Court Attorney, and representatives from our treatment provider, Juvenile Probation and

Parole, schools, law enforcement, and Juvenile Community Corrections.

The Drug Court Team makes decisions regarding the client’s progress in the program,

including incentives, sanctions, moving phases, graduation, and termination. The Drug

Court Team meets prior to each Drug Court session to discuss and review all the client’s

progress for that week and to determine what actions if any will be taken during the Drug

Court session.

The following are collaborative partners of the Drug Court:

Drug Court Judge/Special Master: This person shall act as Judge during all Drug Court

sessions and issue Orders of the Court. The Judge/Special Master shall preside over all

Drug Court sessions and shall attend staffing meetings with the team.

Program Director: The Program Director is responsible for the day-to-day running of the

Drug Court Program. This person is responsible for the collecting and maintaining of

program data and the database, all financial and progress reporting, budgeting, contract

writing and monitoring, procurement, creating forms, handbooks and other written

documents. The Director shall also oversee and supervise drug court staff. The Director

shall attend all Drug Court meetings, in addition to scheduling and attending weekly team

business meetings.

Drug Court Probation Officer: The Drug Court Probation Officer supervises the Drug

Court clients. His case management role is necessary in coordinating all aspects of the

client’s probation in conjunction with the Drug Court Program. The Drug Court

Probation Officer attends Drug Court sessions and staff meetings, and is responsible for

drug testing, maintenance of probation documentation, reporting violations of probation

to the Drug Court team, and monitoring implementation of sanctions, treatment, and all

other aspects of the client’s probation.

Drug Court Administrative Assistant: This person works closely with the drug court

probation officer and program director. This person is responsible for the data entry and

file maintenance of the program, meeting minutes, and other office duties as assigned.

Drug Court Public Defender: The Drug Court Public Defender orients the client at the

commencement of the Drug Court program and is responsible for representing the


client’s rights in court and during the staff meetings. This attorney is present at all the

Drug Court staffings and at the Drug Court sessions.

Children’s Court Attorney: The Children’s Court Attorney may attend Drug Court

sessions, and Drug Court Team meetings. This attorney is responsible for filing petitions

of delinquency and to revoke probation, reviews court orders, and all other aspects of the

Drug Court that would be of a prosecutorial nature.

Treatment Provider Representative: The treatment representative is responsible for

reporting the client’s progress in all areas treatment related. The representative attends all

Drug Court sessions, Staffings, and business meetings.

Therapists: Client therapists may attend either Drug Court staffings or actual Drug Court

Sessions to report client progress in treatment and to discuss recommendations for future

treatment.

Surveillance Officer: Surveillance Officers are contracted employees who are responsible

for evening, weekend, and holiday monitoring of a client’s compliance with house arrest

and curfew, as well as random drug and alcohol testing.

Juvenile Probation and Parole Officers (CYFD): JPPO’s are responsible for the client’s

compliance with the Court’s orders of probation. The Drug Court Probation Officer and

the assigned JPPO work closely together to supervise clients and ensure compliance with

probation and all court orders.

Case Managers: Case Managers are responsible for assisting clients in the areas of

educational and career related goals, as well as assisting clients in the their daily life and

social skills.

Juvenile Community Corrections: JCC workers assist with supervision of clients in the

community as well as assisting clients with case management services.

Other Team Members: Other team members representing schools, law enforcement, and

other agencies assist with the decision making process based on individual expertise in

their fields.

b. Drug Court Advisory Board

The Drug Court Advisory Board is comprised of a large group of volunteer

representatives from the community and also includes the members of the Drug Court

Team. They are stakeholders and make general decisions regarding the Drug Court

program. This board meets on a quarterly basis.


_________________/s/_________________




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3. Client Intake

a. Eligibility

Screening for entrance into the program is available only for those clients who:

Are between the ages of 12 and 18.

Have been referred to Drug Court and have committed a delinquent offense under

New Mexico State Law that is drug/alcohol related, or there must be reason to

believe that drugs played a role in the commission of a non-drug offense

-Or-

Have been referred to Drug Court and have committed a non-drug/alcohol related

act, but has had continued substance abuse use while on probation, or other

informal or outpatient substance abuse counseling has not been effective.

Have completed a preliminary inquiry with the Juvenile Probation Department,

and have had a petition of delinquency filed upon them in the Children’s Court.

Have current or prior arrests/adjudications for felony or misdemeanor offenses.

Have as part of their probation agreement, an Order requiring that they will attend

and successfully complete the Drug Court Program, or have been ordered to

comply with a Drug Court Assessment as part of their Conditions of Release.

Client and parents/guardians/custodians must be willing participants.

Have been screened and assessed by a licensed counselor and determined they are

appropriate for the Drug Court.

Have been screened and accepted into the program by the Drug Court Team.

_________________/s/_________________




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b. Referral Process:

The Sandoval County Juvenile Drug Court will utilize a post adjudication process. The

client must have a petition of delinquency filed in the Children's Court charging them

with a delinquent act. Subsequent to the filing of a petition by the Children's Court

Attorney, a motion will be filed to join the parents as parties to the petition.

i. Post-Adjudicatory Referral Process:

At the juvenile’s disposition hearing, or following a plea and disposition agreement at the

juvenile’s pre-trial hearing, the District Court Judge may order the juvenile to comply

with a Juvenile Drug Court Assessment and follow all recommendations of that

assessment. Following the assessment order, the assigned Juvenile Probation and Parole

Officer will compile the following information and forward to the Juvenile Drug Court

Coordinator:

Sandoval County Juvenile Drug Court Referral Form;

Release of Information to Sandoval County Juvenile Drug Court;

Release of Information to current contracted treatment provider;

Current Probation Agreement;

Current Chronological Offense History;

Any past mental health assessments, evaluations, and/or Baseline

Assessments.

Upon receipt of the referral, the Juvenile Drug Court Coordinator will forward the

referral to the current contracted treatment provider who will then contact the client and

his or her parent/guardian/custodian to schedule the assessment as soon as possible. Upon

the completion of the assessment, the treatment provider will forward charging

documents of all referrals to the Drug Court Team for vote on acceptance or rejection.

Treatment provider will make a presentation to the Drug Court team of the assessment

tests done on the child and answer any questions. Any Drug Court team member may

present information regarding the client to assist in the process. Once the presentation is

completed, the Drug Court Team will conduct a vote and a majority is needed for

acceptance or denial. If the client is accepted he/she will appear at the next available

Drug Court session for orientation.

ii. Pre-Adjudicatory Referral Process:

After the filing of a delinquency petition and the juvenile’s first appearance in District

Court, the Judge may order a Drug Court Assessment as part of the client’s conditions of

release. If an assessment is ordered prior to disposition, the client will complete the

assessment as ordered by the court and the same process for a post-adjudication referral

will be followed. If the client is accepted into the program by the Drug Court Team, the

client will be offered the chance to start the program voluntarily prior to his or her

disposition hearing as part of the client’s conditions of release. If the client chooses not to

participate or violates the conditions of his or her release, then the assigned Juvenile

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Probation and Parole Officer will be contacted to request a Motion to Review the

Conditions of Release in front of his or her assigned District Court Judge.

iii. Probation Violation Referral Process

If at any time during the client’s probation period it is determined that the need for a

Drug Court Assessment is necessary due to continuing substance abuse issues, the

assigned Juvenile Probation and Parole Officer may make a referral to Drug Court only

after the following has occurred:

a. A probation program change is made to reflect that a Drug Court

Assessment is to be completed, or

b. At the client’s First Appearance for his or her Petition to Revoke

Probation a Drug Court Assessment is ordered as part of their

conditions of release.

After a probation program change, or it has been ordered as part of the client’s conditions

of release, the same referral process for post-adjudicatory clients will be followed.

_________________/s/_________________




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c. Assessment Process:

The current licensed treatment provider will receive the documented referral from the

Drug Court Coordinator. Upon receipt of the referral the treatment provider will make

telephone contact with the family within 24 hours to schedule an assessment time that

will accommodate the family’s needs. If the client is in detention, the assessment will be

conducted within 48 hours.

Upon completion of the assessment treatment recommendations will be given to family

immediately following the assessment. At the time of the assessment, a Release of

Information will be completed to provide the assessment to both the Drug Court and the

Juvenile Probation Officer.

Upon completion of the assessment it will be faxed directly to the Drug Court

Coordinator and the Juvenile Probation Officer. The assessment will then be taken to the

next Drug Court staffing for presentation. The Drug Court Team will then vote to

determine acceptance into the program based on the assessment and all known

information regarding the client. The Drug Court Team will then inform the client of the

start date if accepted into program. If the client is rejected from the program the client

will be referred back to Juvenile Probation.

_________________/s/_________________




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d. Entrance Process

After the Drug Court team has made a final determination to accept the client into the

program, the client, parent, and assigned Juvenile Probation and Parole Officer will be

notified of the decision. The client and parents will then be notified to appear at the next

available Drug Court session for orientation. The parent and child will attend an

orientation with the Drug Court Public Defender to sign legal papers and to have the legal

aspects of the program explained. The client and parents will then sign the Drug Court

Participation Agreement and any and all applicable necessary waivers. The client and

parent will then appear before the Drug Court Judge for the client’s orientation, the Drug

Court Public Defender must represent the client during this process. The client will be

formally placed in the program following these two orientations. The child and parent

will then attend an orientation with the Drug Court Probation Officer or Coordinator to

review the provided program rules and expectations while in the program.

_________________/s/_________________




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4. Program Design

a. Program Length

The minimum length of stay in the Sandoval County Juvenile Drug Court is 7 ½ months.

However a client’s length of stay will vary depending on compliance with the program

requirements and rules, as well the extent of client and family participation. Clients with

minimal needs and maximum compliance may finish the program in the minimum

amount of time. Clients with severe substance abuse, mental health, educational,

vocational, pro-social, and/or family needs may require a longer time of intensive

intervention in the program. Clients are expected to finish the program prior to the

expiration of their probation. The Drug Court Team may ask Juvenile Probation to

request the Children’s Court Attorney to file a petition to revoke the client’s probation if

he or she fails to finish the program prior to their probation expiring or if non-compliance

with program rules will prevent him or her from finishing prior to their probation

expiration.

_________________/s/_________________




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b. Orientation

Orientation into the Sandoval County Juvenile Drug Court Program is held before the

client’s first Drug Court session. The client and parent/guardian/custodian meet with the

Drug Court Public Defender. At this time the client and parent/guardian/custodian are

informed of their basic rights and complete and sign the necessary Drug Court forms. The

client is then given a Client Handbook, which details the rules and policies of the Drug

Court and the specifics of the program. Clients are informed that participation in the Drug

Court program is not voluntary and is court ordered. Following orientation the client and

parent/guardian/custodian then appear before the Drug Court Judge for their initial Drug

Court session.

Clients and their parent/guardian/custodian also attend an orientation session with the

Drug Court staff following their first Drug Court session. At this time the rules and

specifics of the Sandoval County Juvenile Drug Court Program will be explained in detail

and the client and parent/guardian/custodian will have the opportunity to ask any

questions.

Clients will also meet with a representative from the current contracted treatment

provider to arrange all their treatment sessions.

_________________/s/_________________




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c. Program Phases

i. Phase Zero (Detox)

A client is placed in Phase Zero at their entrance to the program when their initial

drug test comes back positive for alcohol, drugs, or some other illegal substance.

Clients will remain in Phase Zero until they test clean from alcohol, drugs, or

other illegal substances. Once a client tests “clean” they will be placed in Phase

One at the next Drug Court session.

Requirements:

Length: Until the client tests “clean.”

Court Attendance: Clients and Parents/Guardians/Custodians are required to

attend every Wednesday.

Curfew: House Arrest

Counseling: Clients will attend a minimum of one Individual Counseling

appointment per week. Clients and/or Parents/Guardians/Custodians may also be

required to attend additional sessions and/or types of counseling based on their

treatment plan.

Case Management: Clients will participate in Case Management as required by

the Drug Court Team and/or current treatment provider.

Drug Testing: Clients will test with Phase One clients in accordance with the

policy and procedures for Drug and Alcohol Testing.

Client’s who enter the program with a positive urinalysis for Cannabinoids

(Marijuana) will remain in Phase Zero longer that those that test positive for other

drugs. The following procedure will be used to monitor continued marijuana use

by clients in Phase Zero:

Phase Zero - THC levels will only be used to monitor new marijuana use

when a client is in Phase Zero of the program. Clients in Phase Zero who

continue to test positive for marijuana will have their samples sent to the

current contracted lab to determine “normalized THC levels.” Samples that

return with at least a 50% increase in the normalized THC level will be

considered new marijuana use by the client and he or she will be subject to

sanction at the next drug court session.

If it is determined that a client has been continuing to use any drug or alcohol

after their initial urinalysis, the client will remain in Phase Zero and be sanctioned

according to the Sanctions Grid for Phase Zero. Sanctions may include placement

at the Day Reporting Center or in detention until the client tests clean from all

substances or drugs.

Requirements to Advance to Phase 1 :

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1. Client must have a clean (drug and alcohol free) urinalysis.

2. Clients will also begin to work on Phase Two requirements while in Phase

Zero.

_________________/s/_________________




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ii. Phase One

Requirements:

Length: Minimum of Four Weeks


attend every Wednesday.

Curfew: House Arrest




treatment plan.



Drug Testing: Clients will test in accordance with the policy and procedures for

Drug and Alcohol Testing.

Requirements to Advance to Phase Two:

1. Four weeks of continuous sobriety.

2. Completion of Client Entrance Interview.

3. Completion of Orientation Circle.

4. Completion of Strengths Inventory.

5. Completion of a treatment plan that is approved by their therapist.

6. Completion of a letter to the Drug Court Judge/Special Master to request Phase 2,

approved by their therapist, and presents it in Drug Court.

7. Completion of Phase 2 checklist.

8. Approval of Drug Court Team.

_________________/s/_________________




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iii. Phase Two

Length: Minimum of Eight Weeks (Clients must have 4 weeks continuous

sobriety prior to moving to Phase Three).


attend every other Wednesday (Clients and Parents/Guardians/Custodians are

required to attend the Drug Court session following a sanction and the next Drug

Court session to insure the client completed the sanction).

Curfew: 8 PM Sunday through Thursday, 9 PM Friday and Saturday


appointment per week. Clients and/or Parents/Guardians/Custodians are required

to attend one group counseling session per week. Clients and/or

Parents/Guardians/Custodians may also be required to attend additional sessions

and/or types of counseling based on their treatment plan.





Requirements to Advance to Phase Three:

1. Minimum of eight weeks in phase with a minimum of four week continuous

sobriety prior to moving to Phase Three.

2. Completion of a “Triggers” Pattern paper, approved by their therapist, and

presented to the Drug Court Judge/Special Master in court.

3. Completion of a letter to the Drug Court Judge/Special Master to request

Phase 3, approved by their therapist, and presents it in Drug Court.



_________________/s/_________________




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iv. Phase Three

Length: Minimum of Six Weeks (Clients must have 4 weeks continuous sobriety

prior to moving to Phase Four).


attend once every three weeks (Clients and Parents/Guardians/Custodians are

required to attend the Drug Court session following a sanction and the next Drug

Court session to insure the client completed the sanction).



appointment per week. Clients and/or Parents/Guardians/Custodians are required

to attend one group counseling session per week. Clients and/or

Parents/Guardians/Custodians may also be required to attend additional sessions

and/or types of counseling based on their treatment plan.





Requirements to Advance to Phase Four:

1. Minimum of six weeks in phase with a minimum of four week continuous

sobriety prior to moving to Phase Four.

2. Completion of group therapy and its requirements.

3. Completion of an Aftercare Plan, approved by their therapist, and

presented to the Drug Court Judge/Special Master in court.

4. Completion of a letter to the Drug Court Judge/Special Master to request

Phase 4, approved by their therapist, and presents it in Drug Court.



_________________/s/_________________




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v. Phase Four

Length: Minimum of 90 days (Clients must have 4 weeks continuous sobriety

prior to graduation).


attend the Drug Court session only following a sanction and the next Drug Court

session to insure the client completed the sanction.





treatment plan.





Requirements to Graduate from Drug Court:

1. Completion of Aftercare Plan and all goals.

2. Client must be enrolled and satisfactorily participating in school or graduated,

completed their GED, and/or working.

3. Completion of all 8 modules of “Staying Quit Relapse Prevention” book.

4. Completion of 100 Hours of community service, Santa Fe Mountain Center

hours, or attendance at cultural events (Opera, Popejoy, etc).

5. Completion of an approved 5 to 10 minute presentation at a pre-approved

scheduled Drug Court session on one of the following topics:

a. “How my life would be different if I would never have been in Drug

Court.”

b. “If I had the opportunity to teach other drug court clients about my

mistakes, struggles, and my progression in drug court I would tell

them……….”

c. “My path to a drug free lifestyle will continue with……….”

6. Approval of therapist to graduate.

7. Completion of Graduation checklist

8. Approval of Drug Court Team to graduate

9. Completion of an Exit Interview and Graduation Circle

_________________/s/_________________




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Limbo.Inactive.Time credit.doc

vi. Limbo

At any time during the program a client is not progressing or struggling with the rules

and/or their sobriety, they may be placed in “Limbo” status. While in “Limbo” the client

will follow the rules of Phase 1 and will not earn any time towards moving phases or

graduation. Generally a client will be placed in “limbo” for a specific time period, but

their status in limbo will be reviewed weekly and they the time period may be reduced or

extended based on their performance.

vii. Inactive Status

A client in the program may be placed on an Inactive Status when they are unable to

participate, but have not been officially terminated from the program or they are placed in

an out of home treatment program.

Examples for Inactive Status:

Client is in detention (non Drug Court hold)

Client is on warrant status

Client placed in Residential Treatment Facility

Client placed in Group Home out of Sandoval County

Client placed in Treatment Foster Care out of Sandoval County

viii. Time credit for treatment:

Upon returning to Drug Court from treatment, a client will be placed in the phase they

were in when they left for treatment. The client will also be placed on house arrest while

readjusting to returning home. The client’s placement on house arrest will be evaluated

weekly. The Drug Court Team will evaluate the client’s progress in treatment and their

progress in Drug Court since returning home from treatment. The Drug Court Team will

then determine if a client is to be rewarded a time credit for the time they spent in

treatment and the amount to be rewarded. Time Credits are generally awarded during

Phase 4 of the program. Time credits rewarded to clients may be rescinded at the

discretion of the Drug Court Team based on a client’s performance following the

rewarding of a credit.

No time credit will be rewarded for time spent on inactive status while in detention

awaiting disposition.

_________________/s/_________________




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d. Graduation

A client may only graduate from the program when they have completed all requirements

of the Drug Court Program successfully and with the approval of the Drug Court Team.

Upon successful completion of Drug Court notice will be sent to Juvenile Probation and

Parole that the client has completed the program.

_________________/s/_________________




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e. Termination (Voluntary / Involuntary)

Clients participating in the Drug Court program may be terminated from the program

either voluntarily or involuntarily.

Voluntary terminations are generally a result of a client being unable to participate in the

program, but had been satisfactorily complying up to the point of termination.

Examples of Voluntary Terminations:

Client released from Drug Court obligation by referring Judge.

Client does not return to jurisdiction after treatment placement.

Family is allowed to move out of jurisdiction.

Client’s probation is allowed to expire prior to completion of program.

Involuntary terminations are unsatisfactory terminations and a result of a client being

noncompliant with the program and all sanctions being exhausted. Clients

unsatisfactorily terminated from the program are generally those that have received a

commitment.

i. Termination Process

The Drug Court team will review client progress weekly at the Drug Court

staffing. When a client has exhausted all sanctions the Drug Court team may vote

to terminate a client from the program. If the team votes to terminate a client a

letter to Juvenile Probation and Parole will be generated stating that the client is to

be terminated from the program and the reason for the termination. The Juvenile

Probation and Parole Officer will then request an arrest warrant for the client and

a petition to revoke the client’s probation from the District Attorney’s Office. At

the Drug Court session the client will be informed that they are being terminated

from the program and taken into custody via the arrest warrant. In the event the

arrest warrant is unavailable, the client may be placed in detention on a Drug

Court hold and the client will be officially terminated from the program when the

arrest warrant is filed at the detention center.

Clients may be accepted back into the program following termination if the

District Court Judge orders the client back into the program at anytime during the

revocation process.

_________________/s/_________________




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f. Treatment Design

The current licensed treatment provider will provide treatment services to clients and

families of the Drug Court Program. Provider will work with the entire family unit to

address needs of the family and build upon strengths of the family unit. Based on the

client’s Drug Court assessment, the treatment provider will utilize the following

components via the Drug Court Program:

An individualized treatment plan will be created for each client according to their

individual need based on their Drug Court assessment and any following

reassessments.

Clients will attend individual counseling sessions.

Clients and their parent/guardian/custodian will attend group-counseling sessions.

Clients and their families may be required to participate in other treatment

recommendations as deemed appropriate by the Drug Court Team and/or Treatment

Provider to include, but is not limited to:

Case Management (CCSS)

Family Therapy

Substance abuse groups

NA or AA

Anger management

Parenting group

Residential Treatment

Treatment Foster Care

Day Treatment

Therapeutic Adventure Program

Independent Living

Psychiatric Evaluations with a psychiatrist or psychologist

Medication Evaluation

The frequency of treatment will be based on the client’s individualized treatment plan

and in accordance with the client’s current phase of the program. Client conduct while

participating in treatment will be defined in the current Client Handbook and by the

current treatment provider.

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design g. Case

Management.doc

g. Case Management

The Sandoval County Juvenile Drug Court program shall utilize a case manager that may

be provided by either the Drug Court program or the contracted treatment provider.

Case managers will provide support to the client and/or family and coordinate necessary

health, social, educational, and other services. Case managers will assess client’s needs

and strengths, ensure the development and implementation of a service plan, secure

individualized services, advocate for needs, and review individual progress and

monitoring outcomes.

The Sandoval County Juvenile Drug Court will use a collaborative case management

approach as each team member and/or collaborative agency will assist in their area of

expertise and provide feedback at regular meetings and staffings.

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design h. Drug Court

Staffings Sessions.doc

h. Drug Court Staffings / Sessions

Drug Court staffings will be held every Wednesday at noon prior to Drug Court. The

Drug Court Coordinator will facilitate all weekly staffings. At these staffings each team

member will inform the Judge or Special Master of the progress of client and family with

regards to treatment and compliance in the program. Team members will make

recommendations and vote as to what incentives and sanctions a client may receive for

that week. New client referrals and assessments will also be presented at the staffing and

the Drug Court Team will vote on their acceptance into the program.

Drug Court sessions will be held every Wednesday at 4:00 PM at the Sandoval County

Judicial Complex in Bernalillo, New Mexico. Notice will be given to all clients and

families as soon as possible of any change to the date, time, or location of the Drug Court

session. Clients are required to arrive at the courthouse by 3:45 PM for drug testing if

necessary. All clients and families are required to be in the assigned courtroom by 4:00

PM. Clients and families will appear before the Judge or Special Master in an order to be

determined by the Judge or Special Master. Clients and families are required to stay until

the end of the Drug Court session unless they have prior approval to leave early. New

clients will appear before the Judge or Special Master for orientation following the

appearance of all active clients.

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design i. Client

Supervision.doc

i. Client Supervision

The Sandoval County Juvenile Drug Court program will utilize a collaborative approach

to the supervision of all clients in the program. The Drug Court Probation Officer is

responsible for the daily supervision of clients to ensure compliance with court orders,

probation guidelines and program rules. All Drug Court team members may assist in the

supervision of clients and report progress and violations to the team at weekly staffings

and meetings. Various methods of supervision may be used to ensure compliance with

program rules including, drug testing, house arrest and curfews, electronic monitoring,

and visits to home, school and work.

The contracted Surveillance Officer may also provide weekend and nightly drug testing

and curfew compliance to supervise clients in accordance with the Provisional Monitor

Policies and Procedures.

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design j. Drug Alcohol Testing.doc

j. Drug / Alcohol Testing

The Sandoval County Juvenile Drug Court shall utilize drug and alcohol testing as a deterrent to

substance abuse and to insure that clients are not using any illegal substances, drugs, or alcohol.

i. General Information:

Testing will mainly be conducted using urinalysis screening via instant cup tests or urine

samples sent to the current contracted lab. Testing may also be conducted via oral fluid

devices and devices designed to detect alcohol content on a person’s breathe. All positive

tests will be sent to the current contracted lab for confirmation of drug or alcohol use and to

monitor substance levels for comparison purposes. Testing may be conducted by any trained

Drug Court staff, juvenile probation Officers, provisional monitors, community corrections

officers, or any trained staffed designated by Drug Court. All tests will be documented

appropriately in the Drug Court client database.

ii. Observation:

Same-sex, direct frontal observation will be utilized when collecting urine samples as set

forth in the Drug Use and Testing Observation Agreement. This method will be used to

prevent adulteration or the use of “clean” urine. If same-sex observation is not available,

staff will make every attempt to insure that the test is not altered in anyway. Temperature

strips will also be utilized to insure that the collected urine sample has not been altered.

Clients and Parents/Guardians/Custodians will be required to sign the Drug Use and Testing

Observation Agreement upon entrance to the program.

iii. Phase Testing:

Monday through Friday clients will be tested according to their phases. Drug Court staff will

determine what phase or phases will be tested that day and will post the required information

on the drug testing recording by 8:30 am. Clients are required to call the drug testing

recording to determine when they are required to submit to a drug test. Clients that are

required to test that day must do so by 5:00 PM at the Drug Court Office, but may arrange,

with the permission of Drug Court staff, to test at another location or with another designated

trained person.

iv. Random Testing: Drug tests may be administered at random times and places by staff. Clients are required to

provide a urine sample within a reasonable amount of time when requested by staff.

Provisional monitors may also conduct random testing of clients on weekends, holidays and

in the evenings.

v. Weekend Drug Testing:

Drug Testing may be conducted randomly on Saturdays, Sundays, and holidays by Drug

Court Staff and/or the Drug Court Monitor. Clients will be required to be either home or

available by telephone until 10:30 am on Saturdays, Sundays, or holidays. If a client has not

heard from a member of the Drug Court Staff by 10:30 am that day they may go about their

daily business. If a client is to be away from their home before 10:30 am for any reason, it is


the client’s responsibility to inform either the Drug Court Staff or the Drug Court Monitor

that they will not be home (this is not permission to be away from their home for clients on

house arrest). If a client fails to make themselves available for drug testing on weekends or

holidays by either not being home or being unavailable by telephone, it will be considered a

UA No Show and subject to sanctions at the following Drug Court session.

vi. Negative Tests:

Negative tests are defined as a “clean” or substance free test. When a client provides a

negative test, staff will document it and the sample will be discarded appropriately. Negative

tests will be documented in the client database.

vii. Positive Tests:

Positive tests are defined as tests whose results show the presence of alcohol, drugs, or other

illegal substances, or a client self admits to any substance use. When a client’s instant test

appears as positive, the client’s urine or oral fluid sample will be collected appropriately and

with the proper chain of custody according to the lab’s requirements. If the client denies the

positive test result the sample will then be documented as “UA Results Unknown” in the

client database, sent to the lab for confirmation, and a determination of the amount of illegal

substance in their system. Positive alcohol tests via a breath device (i.e. Sobrietor) are

immediately considered positive and confirmations are not required. Positive tests will be

documented in the client database. Clients will have the opportunity to admit their substance

use at the time of the test or at the next drug court session. Clients admitting to their

substance use are subject to sanctions at the next drug court session. If a client fails to admit

or denies any substance use, and the test is returned from the lab as a confirmed positive, the

client may receive additional sanctions following confirmation of the test.

viii. Alcohol Metabolite (EtG or EtS) Testing:

The Drug Court program may test clients for the use of alcohol by utilizing Alcohol

Metabolite testing or EtG’s. When a person ingests alcohol their body produces the

metabolites EtG and EtS in their urine. These metabolites may be used to determine if a

client has been using alcohol. The cutoff levels for a positive alcohol test will be 500 ng/ml

for EtG and 100 ng/ml for EtS to avoid a client testing positive for incidental alcohol

exposure. Clients and parents/guardians/custodians will sign an EtG/EtS Testing Contract

that explains the purpose of the testing and how to avoid any incidental alcohol exposure.

EtG testing will be conducted via lab testing through urine collection. Client urine samples

will be sent to the current contracted lab to determine the presence alcohol metabolites (EtG

and EtS). If a client’s EtG or EtS level returns higher then 500ng/ml or 100 ng/ml,

respectively, the urine sample will be considered a Positive Alcohol Test.

ix. Missed Tests:

If a client fails to appear to for a test on his or her phase day before the close of business (5

PM), that test will be considered a “UA No Show” and a positive test. If a client fails to

provide a sample before the close of business (5 PM), or within a reasonable time in the field,

the test will be considered a positive test. Clients who deliberately avoid taking a test for any

reason will be given a positive test.


x. “Flushed,” Diluted, or Altered Urine Samples:

When a client’s urine sample appears diluted or “flushed” the staff observing the test may

collect the sample to send to the lab for confirmation regardless of the instant test result.

Samples returning from the lab with a Creatinine level below 20 will be deemed as diluted or

“flushed” and considered a positive test. If a client attempts to alter a test in any way, the test

will be considered positive. The client will then be immediately retested to determine why

the test was being altered and what substances may be present.

xi. Technical Dirty UA’s:

If a client “breaks” house arrest or fails to return home before his or her curfew time, they

must inform the Drug Court Office of the violation and submit to a UA by 10:00 am the

following morning. Clients who fail to submit to a UA by 10 am will receive a “Technical

Dirty UA” and will be subject to sanctions at the following Drug Court session.

xii. Continued Positive Samples:

After an initial positive instant UA a client may continue to test positive for a substance on

subsequent UA’s. Subsequent positive test results will be handled according to the type of

substance as follows:

1. Cannabinoids (THC or Marijuana) –

a. Phase Zero - THC levels will only be used to monitor new marijuana use when a

client is in Phase Zero of the program. Clients in Phase Zero who continue to test

positive for marijuana will have their samples sent to the current contracted lab to

determine “normalized THC levels.” Samples that return with at least a 50%

increase in the normalized level will be considered new marijuana use by the

client and he or she will be subject to sanction at the next drug court session.

b. Phases 1-4 – THC Levels will NOT be used to determine new use by clients who

continue to test positive for THC. Detection times for new marijuana use will be

used instead with a detection window of 7 days for a single use event being the

standard. Clients who test positive for THC will be given an initial Positive UA at

the following Drug Court session. If a client is still testing positive for marijuana

after the 7 day detection window following the initial Positive UA, he or she will

the be considered to still be using marijuana and will not earn any time in their

phase until they test negative for THC. Drug court may reserve the right to limit

the length of time that a client is considered to still be using before a new Positive

UA or sanction is given to the client.

2. Amphetamines / Methamphetamines – A detection window of 3 days will be used to

determine new use by the client. Clients who test positive for Amphetamines or

Methamphetamines will be given an initial Positive UA at the following Drug Court

session. If a client is still testing positive for Amphetamines or Methamphetamines after

the 3 day detection window following the initial Positive UA, he or she will be


considered to have used Amphetamines or Methamphetamines again and will be subject

to another Positive UA.

3. Barbiturates / Benzodiazepines - A detection window of 7 days will be used to determine

new use by the client. Clients who test positive for Barbiturates or Benzodiazepines will

be given an initial Positive UA at the following Drug Court session. If a client is still

testing positive for Barbiturates or Benzodiazepines after the 7 day detection window

following the initial Positive UA, he or she will be considered to have used Barbiturates

or Benzodiazepines again and will be subject to another Positive UA.

4. Cocaine Metabolite - A detection window of 3 days will be used to determine new use by

the client. Clients who test positive for Cocaine Metabolite will be given an initial

Positive UA at the following Drug Court session. If a client is still testing positive for

Cocaine Metabolite after the 3 day detection window following the initial Positive UA,

he or she will be considered to have used Cocaine again and will be subject to another

Positive UA.

5. Opiates - A detection window of 3 days will be used to determine new use by the client.

Clients who test positive for Opiates will be given an initial Positive UA at the following

Drug Court session. If a client is still testing positive for Opiates after the 3 day detection

window following the initial Positive UA, he or she will be considered to have used

Opiates again and will be subject to another Positive UA.

6. Phencyclidine (PCP) - A detection window of 6 days will be used to determine new use

by the client. Clients who test positive for Phencyclidine (PCP) will be given an initial

Positive UA at the following Drug Court session. If a client is still testing positive for

Phencyclidine (PCP) after the 6 day detection window following the initial Positive UA,

he or she will be considered to have used Phencyclidine (PCP) again and will be subject

to another Positive UA.

7. Alcohol (Urine Test) –

a. As Ethyl Alcohol – The detection window for Ethyl Alcohol in urine is variable

and usually measured in hours. A detection window of 1 day, or 24 hours will be

used to determine new use by the client. Clients who test positive for Ethyl

Alcohol will be given a Positive UA for that UA only at the following Drug Court

session. Any UA given after the 1 day detection window that is positive for Ethyl

Alcohol will considered a new Positive UA.

b. As Alcohol Metabolites (EtG or EtS) – The detection window for Alcohol

Metabolites (EtG or EtS) at the 500/100 ng/ml cutoff is 24-48 hours. A detection

window of 2 days will be used to determine new use by the client. Clients who

test positive for Alcohol Metabolites (EtG or EtS) will be given an initial Positive

UA at the following Drug Court session. If a client is still testing positive at the

500/100 ng/ml cutoff after the 2 day detection window following the initial

Positive UA, he or she will be considered to have used Alcohol again and will be

subject to another Positive UA.


8. Alcohol (Breath Test) – Blood Alcohol Content levels may be monitored via a portable

Breathalyzer device. Since levels are immediate, the first positive BAC level will be

considered a Positive Alcohol Test at the following Drug Court session. Any test on the

same day with a higher BAC following the first positive test, or any new BAC level on

subsequent days, will be considered new use and subject another Positive Alcohol test at

the next Drug Court session.

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design k. House Arrest Curfews.doc

k. House Arrest / Curfews

House arrest is defined as “home detention” and clients are ordered to remain at home at

all times with the exception of school, approved work, or other approved times by Drug

Court. Clients on house arrest may not have visitors and may not use the phone to talk to

friends. Use of the internet to communicate with friends is also not permitted.

Curfew is defined as the assigned time that a client is required to be home. Clients may

not have visitors at their home past their assigned curfew.

Clients will be either have a curfew or be on house arrest while in the Drug Court

Program. Clients will generally be assigned a curfew or house arrest by phase:

Phase Zero - House Arrest

Phase One - House Arrest

Phase Two - 8 PM Sunday to Thursday, 9 PM Friday and Saturday

Phase Three - 10 PM Sunday to Thursday, 11 PM Friday and Saturday

Phase Four - 10 PM Sunday to Thursday, 11 PM Friday and Saturday

Clients placed in Limbo status will abide house arrest. Clients may also be assigned

earlier curfews as either part of a sanction or as a result of poor behavior in the program.

Parents/guardians/custodians may choose to place their child on an earlier curfew, but

may not allow their child to stay out past their curfew without prior approval of Drug

Court.

i. Curfew / House Arrest Violations

A client who “breaks” house arrest or is late for his or her curfew is responsible

for submitting to a drug test the following morning by 10 AM. Clients who fail to

submit a drug test by 10 AM will be sanctioned for a “Technical Dirty UA” as

well as a house arrest or curfew violation. Clients who have had a curfew or house

arrest violation are required to appear at the next Drug Court session.

ii. Curfew Exceptions

Parents/guardians/custodians may request to have their child out past their curfew

or away from their home while on house arrest. This may be done by the

parent/guardian/custodian getting prior approval from the Drug Court office

during business hours (Monday through Friday, 8 AM to 5 PM). Permission may

not be obtained from provisional monitors. Leaving a voicemail message is also

not considered permission.

iii. Curfew Extensions

Curfew extensions are generally given in two-hour increments as rewards for

progressing in the program. Curfew extensions expire two weeks from the date

they are issued. Clients must first obtain permission from their

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design k. House Arrest Curfews.doc

parents/guardians/custodians to use his or her extension and then acquire

permission from the Drug Court prior to its use.

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design l. Electronic Monitoring.doc

l. Electronic Monitoring

The Sandoval County Juvenile Drug Court may use different forms of electronic

monitoring to assist in the supervision of clients participating in the program. Electronic

monitoring may come in the form of an ankle monitor device to determine a client’s

whereabouts or a device to detect the use of alcohol. Clients may be placed on some form

of electronic monitoring at the discretion of the Drug Court Team.

Clients who are ordered to participate in electronic monitoring will be instructed by Drug

Court staff on the process of setting up the equipment and its daily use. An appointment

will be set for the client and their parent/guardian/custodian to either come into the Drug

Court office or to meet at the client’s residence. Client’s will be trained in the use of the

equipment and receive written instructions on the rules of the electronic monitoring

program. Clients and parents/guardians/custodians will be required to sign an Electronic

Monitoring Agreement which details the serial numbers of the equipment they have been

assigned, acknowledges that they understand the rules and instructions for the equipment,

and accept liability for lost or damaged equipment. Clients will receive either an Ankle

Bracelet Instructions form or a Sobrietor Instructions form detailing the rules of the use

of the equipment and their participation.

Clients may be taken off electronic monitoring at the discretion of the Drug Court team.

All equipment must be returned to the Drug Court Office and will be checked to

determine that all equipment is in working order. Equipment will be inventoried and

stored at the Drug Court office.

i. SCRAM Bracelets

SCRAM Bracelets are used to detect the use of alcohol transdermally. Clients

may be placed on SCRAM Bracelets at the discretion of the Drug Court team.

Clients and staff will follow the same procedure for installing and using electronic

monitoring equipment, but clients and parents/guardians/custodians will be

required to sign the SCRAM Participation Agreement form upon installation of

the equipment.

ii. Community Custody Program (CCP)

Clients participating in the Drug Court program may also be ordered into the

Community Custody Program (CCP). CCP also uses electronic monitoring

devices to assist in the supervision of clients. Clients in CCP must follow the rules

of Drug Court as well as CCP. Drug Court staff will coordinate with CCP staff to

ensure that a client is complying with the rules of each program. CCP will be

responsible for their electronic monitoring equipment.

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design l. Electronic Monitoring.doc

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design m. Incentives Sanctions.doc

m. Incentives / Sanctions

Throughout the duration of the Drug Court Program, incentives and sanctions are provided for clients.

Incentives are provided for successfully completing various parts of the program and other positive

behaviors. For those participants who fail to comply with the Drug Court Program, sanctions are

imposed. These sanctions may begin with warnings, then move gradually toward more moderate

sanctions such as community service, and then ultimately into the most severe sanctions that involve

detention or termination from the program. Sanctions are determined on an individual basis and all

factors of the participant’s life and compliance with the program are considered. The Drug Court Team

reviews compliance with the program and determines which incentives or sanctions shall be

administered on a weekly basis.

Incentives

A system of rewards set up for clients. Awards may be received for a variety of behaviors and

achievements. The Drug Court’s system of rewards are provided by the treatment provider in the form

of a contingency management program:

Examples of events in which incentives are given:

Moving from one phase to the next

Completing a portion of the program

Excelling in school

Other good behavior as deemed appropriate by the Drug Court Team

Incentives may be, but are not limited to:

Verbal praise

Certificates for food

Gift Cards

Tickets to sporting events or performances

Certificates of Achievement

Curfew Extensions

Merchandise

Time in phase credits

Credit for community service

Sanctions

A system of consequences set up for clients. Sanctions are given to clients in the program for violations

of the rules of the program as defined in the Client Handbook or failure to comply with court orders or

directives. The Drug Court Team will review each violation of the rules individually to determine the

appropriate sanction. The use of graduated sanctions will be used and the Sanctions Grid will serve as a

guideline for the Drug Court Team.

Examples of sanctions used may be found in the Sanctions Grid.

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design m. Incentives Sanctions.doc

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design n. Education.doc

n. Education

The Sandoval County Juvenile Drug Court shall attempt to meet the educational and career needs of its

clients by providing testing, educational and career counseling, tutoring, reading development, grade

tracking, attendance tracking, GED courses, test preparation, study courses, homework assistance, study

hall, college preparation and entrance assistance and campus tours.

All Drug Court participants are required to participate in an educational program to various degrees

according to determined needs, goals and abilities. All participants shall be required to attend school or

an approved GED program if they are not a high school graduate or have not obtained a GED. Clients

shall not graduate from drug court without complying with this requirement.

i. Educational Plan

An individualized educational plan shall be created for all participants based on aptitude,

interests and current performance. This plan shall include current grades and attendance reports

as a baseline. Grades shall be monitored and improvement expected within first semester.

Attendance with no unexcused absences shall be a component of all plans. Plans may also

include study hall, tutoring, supervised homework, reading requirements, teacher conferences,

etc.

ii. School Attendance

All clients are required to attend school or a GED program with no unexcused absences.

Attendance shall be gathered for each client on a weekly basis and reported to Drug Court.

Clients that do not comply with attendance requirements shall be sanctioned at the next Drug

Court session. Any time that a client will be absent from school, he or she must call and report

this absence to Drug Court office. If a client has more than two absences during the week, a

doctor’s note must be provided to Drug Court.

iii. School Behavior

All clients are required to follow all school rules. Clients shall report all rule violations and

disciplinary referrals to the Drug Court office immediately. Disciplinary reports shall be gathered

on a weekly basis and reported to Drug Court. Clients are required to report all suspensions

immediately to the Drug Court office and are required to attend community service or the Day

Reporting Center while suspended. Clients may be assigned Behavioral Management Specialists

through the current treatment provider to assist with behavioral issues at school.

iv. Tutoring

Clients may be ordered to attend tutoring if they are in need of assistance with schoolwork or are

failing their classes. Tutoring will be ordered based on school availability and client need.

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design n. Education.doc

v. GED Programs

Clients in the Drug Court may only attend a GED program with the approval of the Drug Court

Team. If a client is allowed to attend a GED program, Drug Court will monitor his or her

progress and attendance.

vi. Post-Secondary Education

Clients who have graduated or have obtained their GED certificate are encouraged to attend

some form of post-secondary education. Drug Court will assist clients with the enrollment

process and necessary information required to attend college.

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design o. Restorative Justice.doc

o. Restorative Justice

Restorative justice circles and / or conferences may be used during orientation, graduation, termination

and re-entry, or for major incidents involving a victim prior to and while participating in Drug Court.

Clients will be prescreened to determine if the use of a conference or circle is appropriate in their case.

The following people may attend conferences and or circles:

Client

Parent, Guardian, or Custodian

Other immediate or extended family members

Friends of client and/or family

Victims or surrogates

Drug Court Judge

Drug Court Team representatives

Juvenile Probation representative or Juvenile Probation Officer

Treatment provider representative

School representative (i.e., Teacher, Administrator)

Community members

Former Drug Court Client and/or parent

Facilitator

Co-Facilitator

i. Orientation:

Upon their entry into the Sandoval County Juvenile Drug Court, clients are required to attend a

restorative justice conference while in Phase 1 and prior to moving to Phase 2 of the program.

The purpose of the conference is for the client to be held directly accountable for his actions,

understand why they are required to participate in Drug Court, and to create a successful

partnership between the client, family and Drug Court. Clients will be required to complete a

questionnaire regarding the past behavior that has led them to Drug Court. When the

questionnaire is completed a restorative conference will be conducted.

ii. Graduation Circle

Prior to graduation, clients will complete a graduation circle to discuss how they have been

successful in the program. The main purpose of this circle is to recognize the successful progress

of the client and family while in Drug Court. Clients and family members will also be given the

opportunity to express their opinions regarding Drug Court. This circle will serve as an exit

interview from the program.

iii. Termination / Re-entry

Clients who have been terminated from the program prior to graduation may apply for re-entry to

Drug Court via a re-entry circle with permission from their District Court Judge and the Drug

Court Team. If permission is granted the client must submit the completed application and

request a re-entry circle with one week. The circle then must be held within 4 weeks of the

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design o. Restorative Justice.doc

submitted application for re-entry. Clients may be allowed to conditionally participate in Drug

Court while their application is pending.

The purpose of the circle is to hold the client directly accountable for the behaviors that led to

their termination from Drug Court and to determine a strategy for the client to successful if

accepted back into the program. For the purposes of this circle the Drug Court Program and the

client’s family will serve as the victims.

iv. Major Incidents / Violent Crimes

Clients may be required to attend a Restorative Justice Conference and/or Circle as part of their

probation terms due to the nature of their delinquent acts. Clients participating in Drug Court will

be required to complete this process prior to graduation. If a client is involved in an incident

while participating in Drug Court, and the Drug Court Team deems appropriate for a restorative

conference or circle, he or she will be required to complete the restorative justice process.

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 4 Program Design p. Santa Fe Mountain Center.doc

p. Santa Fe Mountain Center

Clients in the Drug Court Program will be given the opportunity to participate in the Therapeutic

Adventure Treatment Program (TAP) through the Santa Fe Mountain Center. Clients will not be

required to attend the program and it is completely voluntary, but clients who commit to participating in

the program will attend as required. Clients who successfully complete each program sequence may

receive rewards or incentives for their participation. Incentives and rewards will be determined by the

Drug Court team and may range from simple rewards, such as curfew extensions and certificates, to

credit for community service and time credit while in Phase Four.

Clients who chose to participate in the program are required to complete and have their

parent/guardian/custodian complete the Santa Fe Mountain Center’s Participant Registration, Liability

Release and Informed Consent Form prior to their participation. Clients will not be required to pay any

cost associated with participating in the program.

The SFMC Project Coordinator will work closely with the Drug Court staff in order to provide

prescriptively planned programming. Drug Court staff will provide the SFMC with critical pre-

assessment information regarding participant needs. During the assessment stage, the SFMC Project

Coordinator will work with both agency staff and the participant to develop an individualized treatment

plan, examine medical history and psycho/social information, and explore clinical red flags. The Project

Coordinator will use this information to plan prescriptive program sequences with specific goals for the

Drug Court participants. A variety of experiential methodologies and activities (full value commitment,

experiential learning cycle, high and low challenge courses, rock climbing, rappelling, hiking, rafting,

and backpacking) are coupled with our skills curriculum units (Anger Management, Decision Making,

Problem Solving, Conflict Resolution, Leadership, Social Skills, and HIV Prevention).

Clients are required to follow the rules of the Drug Court program and the Santa Fe Mountain Center

during their participation. The Santa Fe Mountain Center and/or the Drug Court program may terminate

a client’s participation in the program at any time. Expectations and guidelines will be clearly defined to

all clients participating in the program at the start of each program.

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 5 Ancillary Support Services.doc

5. Ancillary Support Systems

During the court ordered assessment prior to entrance into the program clients shall be carefully

screened for other identified needs and recommendations. Referrals are made to other beneficial

community based services such as; juvenile community corrections, day reporting center, job training

and placement, high school equivalency schooling, life skills training, vocational rehabilitation,

parenting classes, housing placements, and community service placements.

Clients may also be required to continue participate in ancillary services court ordered prior to

participating in the Drug Court program unless it is considered a duplication of services.

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 6 Record Keeping System.doc

6. Record Keeping System

The Drug Court staff shall keep an ongoing record of each client. Client files are to be kept in

compliance with State and Federal confidentiality laws. This system will keep track of each client’s

progress with the program. The items that are recorded are:

Client referral

Client assessment

Client chronological history

Probation Agreement

Drug Court Participation Agreement

Order Remanding Matter to Substance Abuse Court

Order Joining Parents Party to Petition

Waiver of Legal Rights

Releases of information

Treatment Records

Drug testing records

School records

Community service orders

All other court orders

All relevant client paperwork

The current contracted treatment provider will keep ongoing treatment records of each client. Treatment

records shall be kept in compliance with State and Federal confidentiality laws.

All written records shall be physically located where it can be properly secured and controlled by Drug

Court staff. Access shall be limited and disclosure/re-disclosure shall be subject to approval by the Drug

Court Judge and team. Once authorized access is obtained and initial disclosure is permitted, the

redistribution of confidential information and records is not permitted, unless it, too, is approved by the

Drug Court Judge and team.

_________________/s/_________________




C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 7 Management Information Systems.doc

7. Management Information Systems

All relevant information shall be collected on each Drug Court client. This information is to be stored in

a secure database. This database shall conform to all the draft minimum data collection standards

relating to juvenile drug courts for the state of New Mexico as laid out in the New Mexico Judiciary

Drug Court Standards.

All computer hardware pertaining to the database shall be password and firewall protected and shall be

physically located where it can be properly secured and controlled by Drug Court staff. Access shall be

limited and disclosure/re-disclosure shall be subject to approval by the Drug Court Judge and team.

Once authorized access is obtained and initial disclosure is permitted, the redistribution of confidential

information and records is not permitted, unless it, too, is authorized by the Drug Court Judge and team.

_________________/s/_________________




8. Confidentiality

The Sandoval County Juvenile Drug Court of the Thirteenth Judicial District of the State of New

Mexico and Drug Court Team members adapt below listed confidentiality guidelines statements and

fully agree to follow and to apply them within the context of all operations that impact the practices

and procedures of the Juvenile Drug Court program of Sandoval County. These guidelines shall take

immediate effect, and they shall remain in effect for all replacements of the initial team member

signatories to this memorandum. These guidelines may be amended, changed, eliminated, or added

to by the agreement of three-quarters of the designated Juvenile Drug Court Team members.

a. Confidentiality Guidelines

1. As a general rule, drug and alcohol abuse treatment records for diagnosis, referral for

treatment, treatment and prognosis must be kept strictly confidential by all members of

the Drug Court Team and by the Drug Court.

2. The Court, the treatment program, Hogares and its treatment staff, and all Juvenile Drug

Court Team members shall maintain secure procedures for access to any written or

computer records, including by not limited to locked rooms, separately secured file

cabinets, and limited access security codes for controlled data input and access.

3. To permit Drug Court functions within the context of the delinquency Children’s Court

system, all Drug Court participants must sign a revocable consent form that governs the

release of confidential participant records/information to the Juvenile Drug Court Team

members. Drug Court consent to disclosure is limited to information that is necessary to

carry out the functions of the Drug Court:

i. reports on the participant’s eligibility/acceptability for substance abuse treatment

services.

ii. reports regarding treatment, attendance, compliance and progress in accordance

with the Drug Court monitoring criteria necessary for compliance with the Drug

Court Program.

4. Consent for disclosure of confidential substance abuse treatment information is not

permanent. Consent for disclosure ends when the participant’s involvement with

Juvenile Drug Court has been formally and effectively terminated by either the

participant’s exclusion from Juvenile Drug Court due to non-compliance with the Drug

Court rules, regulations and procedures or by the participant’s successful completion of

Juvenile Drug Court and release from court and/or probation supervision.

5. Participants should have an opportunity to consult with an attorney or a member of the

attorney’s defense team and a parent/guardian/custodian prior to signing the consent for

disclosure of confidential substance abuse treatment information. Defense counsel or

authorized defense team member and the parent/guardian/custodian shall sign the consent

form as confirmation that a voluntary, knowing and intelligent consent is proffered by the

participant.

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6. Redisclosure of confidential substance abuse treatment information by Juvenile Drug

Court Team members is limited to the carrying out of their official duties within the

context of the particular drug court case. Performance of official duties includes

courtroom and non-courtroom reviews and discussions by the Juvenile Drug Court Team

about the participant’s diagnosis, compliance, progress, and treatment.

7. Information disclosed or redisclosed in connection with Juvenile Drug Court participant

diagnostic evaluations, reviews, or discussions may not be used against a drug court

participant with other delinquency or criminal proceedings or with regard to another

person.

8. When a potential Drug Court candidate signs a consent form and complies with Juvenile

Drug Court admission procedures, but he/she is subsequently rejected for the Juvenile

Drug Court Program, the candidate’s statements in contemplation of treatment shall be

privileged and shall not be used against him/her in any subsequent court proceedings,

delinquency/criminal investigations, or prosecutions.

9. The Drug Court Treatment Program shall not disclose information about current or

former clients in response to a subpoena (even one signed by a judge), unless the client

has signed a consent form authorizing the disclosure of subpoenaed records or unless a

court of competent jurisdiction enters an authorizing order.

10. If a court order for disclosure of substance abuse treatment information is requested as

part of a delinquency/criminal investigation or prosecution, the Juvenile Drug Court shall

conduct a hearing, and it shall apply the federally mandated criteria for such

determinations as outlined in the federal regulations at 42 C. F. R. 2.65.

_________________/s/_________________




SANDOVAL COUNTY JUVENILE DRUG COURT REFERRAL

Referral Date: ________________ SSN # : ___________________________ DOB: ______________________

Address: _______________________________________________ City: _______________ Zip: ____________

Phone #: ____________________ Work #: _______________________ Cell #: _____________________

Mother's First Name: _____________________ Mother's Last Name: ___________________________

Mother's Address: _____________________________________ City: _______________ Zip: ____________

Mother's Phone #: __________________ Work #: ___________________ Cell #: __________________

Father's First Name: _____________________ Father's Last Name: ___________________________

Father's Address: ______________________________________ City: _______________ Zip: ____________

Father's Phone #: __________________ Work #: ___________________ Cell #: __________________

Current Grade: ______________

Last Grade Completed: _______

Health Insurance Provider: _________________________________ Medicaid Eligible: ___________

Ethnicity: ___________________ Sex: _______

Drug Court Use Only:

Date Received: ______________ Assessment Date: ________________ Selection Date: ________________

Intake Date: _________________ Denied Date: ___________________ Program #: __________________

Underlying Charge if Referring Offense is a PV : ___________________________________________________

Assigned Judge: ___________________ Referring Judge: ___________________ CCA: __________________

Referring JPPO: ____________________________ Client's Attorney: ________________________________

Probation Term: ______________________________ Disposition Date: _________________________

Probation Expiration Date: ___________________ New Charges / PV Still Pending: YES NO

School Attending: _____________________________________

Reason Not Attending School: ____________________________________

Place of Birth: _________________________

Height: ____________ Weight: ____________ Eye Color: ____________ Hair Color: ____________

Gang Affiliation: ______________________ Tattoos/ID Marks: ________________________________________

Referring Offense 1: _________________________ Referring Offense 2: _______________________________

In addition to this form the following documents are required for referral: Chronological Offense History, Case Record Sheet, Current

Probation Agreement, and Release of Information to Drug Court and to Hogares Inc. Please also Include the following documents if

available: Baseline Assessment, Past Mental Health or Substance Abuse Assessments, 15-Day Diagnostic Evaluations, or any other

assessments.

GENERAL INFORMATION:

OTHER CLIENT INFORMATION:

CRIMINAL JUSTICE INFORMATION:

Current Location of Client : ____________________________________________________________________

Last Name: ________________________ Fisrt Name: ________________________ JR # _____________________

Sandoval County Juvenile Drug Court Program 711 Camino del Pueblo, Bernalillo, NM 87004 (505)-867-9254, Fax (505)-771-9554

P&P 9 Appendix a. Referral Form.xls

SANDOVAL COUNTY JUVENILE DRUG COURT REFERRAL

WHAT: _______________AGE STARTED: _____ HOW OFTEN: DAILY / WEEKLY / OCCASSIONALLY



Have you ever been in a substance abuse treatment program: YES / NO

If so, Where and When: _____________________________________________________________________

Has client ever been in a Residential Treatment Program: YES / NO

If so, Where and When: _____________________________________________________________________

Has client ever been diagnosed with a mental illness: YES / NO

If so, Where and by Who: ___________________________________________________________________

Has client ever seen a Mental Health Counselor before: YES / NO

If so, Where, Who, and When: ______________________________________________________________

Has client ever been placed out of the home: YES / NO

If so, When & with Who: ___________________________________________________________________

Why: _____________________________________________________________________________________

Do either parents have any substance abuse or mental health issues: YES / NO

If so, Explain:_____________________________________________________________________________

__________________________________________________________________________________________

MARIJUANA: YES / NO AGE STARTED: _____ HOW OFTEN: DAILY / WEEKLY / OCCASSIONALLY

SUBSTANCE ABUSE INFORMATION:

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

Please briefly explain reason for referral to Drug Court and any concerns regarding client:

________________________________________________________________________________________________

________________________________________________________________________________________________

ALCOHOL: YES / NO AGE STARTED: _____ HOW OFTEN: DAILY / WEEKLY / OCCASSIONALLY

COCAINE: YES / NO AGE STARTED: _____ HOW OFTEN: DAILY / WEEKLY / OCCASSIONALLY

METH: YES / NO AGE STARTED: _____ HOW OFTEN: DAILY / WEEKLY / OCCASSIONALLY

TOBACCO: YES / NO AGE STARTED: _____ HOW MUCH A DAY: __________________________

OTHER: YES / NO

Has client ever abused prescription drugs: YES / NO TYPE:______________________________________________

Sandoval County Juvenile Drug Court Program 711 Camino del Pueblo, Bernalillo, NM 87004 (505)-867-9254, Fax (505)-771-9554

P&P 9 Appendix a. Referral Form.xls

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix b. Drug Court

Participation Agreement.doc


State of New Mexico

Children’s Court Division

D-1329-JR-

D-1329-JS-06-002

IN THE MATTER OF _________________________, CHILD

Sandoval County Juvenile Drug Court Number: _____________

SANDOVAL COUNTY JUVENILE DRUG COURT PROGRAM AGREEMENT

I AGREE TO THE FOLLOWING AS CONDITIONS OF MY PARTICIPATION:

1. To stop using or possessing controlled substances and alcohol immediately.

2. To waive rights only as necessary to allow for completion of this program.

3. To cooperate with all intake and assessment procedures necessary to determine my

acceptability in the program.

4. Upon acceptance in the program, I will begin attendance immediately and I

understand that the program may last up to 12 months or as other wise determined by

Drug Court.

5. I understand that Drug Court consists of three areas: Intake and Assessment,

Treatment, and Aftercare all of which include but are not limited to the following

aspects:

A. Cooperation in the making of my treatment plan and following that treatment

plan for the duration of the program.

B. Cooperation in drug testing requested by the Court, Juvenile Probation and

Parole Officer, or Drug Court, or as required by the “Sandoval County Juvenile

Drug Court Client Handbook.”

C. Cooperation and attendance at drug testing requested by the Court, Juvenile

Probation and Parole Officer or Drug Court.

D. Timely completion of written assignments as prescribed by the Court and Drug

Court Program.

E. To attend school with no behavioral or attendance issues.

F. Any and all requirements provided in the “Sandoval County Juvenile Drug Court

Client Handbook” not listed herein.

6. I understand that breach of any of the terms of agreement may result in consequences

consistent with my legal status, for example: If I am on formal probation, my

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Participation Agreement.doc

probation may be revoked, or if a petition alleging delinquency has not yet been filed

against me, one may be filed and prosecuted.

7. I understand that my participation in Drug Court together with all communications

within this program cannot and will not be used against me except in any action to

revoke my participation in this program for violations of this agreement and the rules

of Drug Court.

8. The undersigned parents/guardians/custodians of the program participant agree to

cooperate with all recommendations and orders of the Juvenile Probation and Parole

Officer and Drug Court as outlined in “Sandoval County Juvenile Drug Court Client

Handbook”, and further we agree to ensure and enable the child’s compliance with

the Drug Court program requirements. We further understand that failure on our part

to do so may result in consequences as stated above and in the “Sandoval County

Juvenile Drug Court Client Handbook.”

9. When the Drug Court is in session, confidential information about my case may be

disclosed at the discretion of the Judge/Special master to those present in court,

including other juveniles. I will not disclose this information to another person or

agencies unless they are authorized by law to receive such information.

10. I agree that the Sandoval County Juvenile Drug Court staff may search my person

and/or property when deemed necessary.

11. We acknowledge that we have received a copy of the “Sandoval County Juvenile

Drug Court Client Handbook” and have read and understand its contents.

12. The “Sandoval County Juvenile Drug Court Client Handbook” is hereby incorporated

herein by reference.

13. I agree to comply with the Sandoval County Drug Court Rules.

The undersigned have read and understand all of the above.

_____________________________________________

Child/Program Participant

_____________________________________________

Parent(s)/Guardian(s)/Custodian(s)

_____________________________________________

Parent(s)/Guardian(s)/Custodian(s)

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Matter to Substance Abuse Court.doc


State of New Mexico

Children’s Court Division

D-1329-JR-

D-1329-JS-06-002



ORDER REMANDING MATTER TO SUBSTANCE ABUSE COURT

IT IS HEREBY ORDERED THAT the above matter be remanded to Juvenile

Substance abuse court in Sandoval County, New Mexico for further proceedings

consistent with Substance abuse Court Policy and procedures. To include any and all

agreements and waivers of rights as required.

______________________ ___________________________________

Date Louis P. McDonald

District Court Judge

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Party to Petition.doc

THIRTEENTH JUDICIAL DISTRICT

CHILDREN’S COURT DIVISION

COUNTY OF SANDOVAL

STATE OF NEW MEXICO

IN THE MATTER OF: NO. D1329 JR –

D1329 JS – 06-002

_______________________________, A CHILD

_______________________________, PARENT (S)

ORDER JOINING PARENT(S) AS PARTIES TO THE PETITION

THIS MATTER came before the Court on Motion of the Juvenile Drug Court Program and the

court being fully advised finds:

1. The Motion is well taken.

2. { } The parent(s) consent to be joined as parties.

3. { } The court finds it necessary and in the best interest of the child that the parent(s)

be joined as parties.

IT IS THEREFORE ORDERED.

1. That ____________________be and is/are hereby joined as parties to the

petition.

2. That as parties to the petition, the parent(s) must comply with the following: { } Submit to counseling with Hogares.

{ } Participate in any probation or other treatment program ordered by the court.

{ } Participate in any institutional treatment or counseling program including

attendance at the site of the institution if the child is committed for treatment.

{ } Monitor the child’s activities.

{ } Comply with the Drug Court Client Handbook and report any violations.

{ } Report to the Drug Court Staff any developing problems or violations.

{ } Support the child committed for treatment by paying the reasonable costs of

support maintenance and treatment of the child.

3. That an Electronic Monitoring device and/or Sobrietor may be placed in my

home, that I comply with rules of electronic monitoring, and that you assume all

financial responsibility for all loss and/or damage that may occur to the electronic

monitoring device (SCRAM, bracelet transmitter, receivers/modems, and/or

Sobrietor).

_____________________________

{ } CHILDREN’S COURT JUDGE

{ } SPECIAL MASTER

APPROVED:

______________________________(Parent/Guardian/Custodian)

______________________________(Parent/Guardian/Custodian)

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Rights.doc

THIRTEENTH JUDICIAL DISTRICT CHILDREN’S COURT DIVISION

COUNTY OF SANDOVAL

STATE OF NEW MEXICO

D-1329-JR-

D-1329-JS-06-002



WAIVER OF LEGAL RIGHTS

We understand our right under the United States and New Mexico Constitutions as

explained to us below and by an attorney and hereby knowingly and intelligently waive

the following:

1. The right to a speedy trial/adjudicatory hearing on any petition alleging

delinquency that has been filed in the Children’s Court.

2. The right to have a petition alleging delinquency filed in the Children’s Court

before making any agreement as to supervision.

3. The right to a trial/adjudicatory hearing by jury.

4. My right to the assistance of an attorney at any trial/adjudicatory hearing.

5. The right to confront and cross-examine witnesses against me as to the

truthfulness of their testimony.

6. The right to present evidence on my own behalf and have the Court compel

the attendance of witnesses to testify on my behalf.

7. The right to remain silent, to be presumed innocent, and to be proven guilty

beyond a reasonable doubt.

______________________________ ____________________________________

Child/Program Participant Parent(s)/Guardian(s)/Custodian(s)

I have explained that above document to the program participant and

parent(s)/guardian(s) and all other rights which they may have under the United States

and New Mexico Constitutions to the program participant and parent(s)/guardian(s) and

ma satisfied that they understand the same.

_________________________________

Attorney at Law

Accepted:

_________________________________

Judge/Special Master

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THIRTEENTH JUDICIAL DISTRICT SANDOVAL COUNTY JUVENILE DRUG COURT

CLIENT EXIT INTERVIEW

Please fill out form completely. The purpose of this form is to provide your feedback to the Drug Court so

we can improve the program for future clients and to address any concerns you may have had while in

the program. Please be honest, as your answers will not affect status in Drug Court in anyway.

Name: _______________________ Graduation Date: ____________ Termination Date: ___________

1. While in Drug Court you were: (circle all that apply) HOME RTC TFC OTHER

2. Are you still attending school? : YES NO School Name: __________________ Grade: __________

Did you graduate HS? : YES NO Did you earn your GED? : YES NO

What are your future educational plans: _________________________________________________________________

____________________________________________________________________________________________________

3. How did you feel about the Drug Court Program when you first started? : __________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

Please rate the Drug Court Program when you first started:

VERY BAD BAD OKAY GOOD EXCELLENT

4. How do you feel about the Drug Court Program now? : __________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

Please rate the Drug Court Program now:

VERY BAD BAD OKAY GOOD EXCELLENT

5. How satisfied are you with the entire Drug Court experience? :

Please rate your satisfaction on a scale of 1 to 10 (with 1 being not satisfied and 10 being satisfied)

1 2 3 4 5 6 7 8 9 10

Please give a brief explanation of your satisfaction rating: ___________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________


6. What was your favorite part of the Juvenile Drug Court Program? :

1. _______________________Why? : _____________________________________________________________________

___________________________________________________________________________________________________

2. _______________________Why? : _____________________________________________________________________

___________________________________________________________________________________________________

7. What was your least favorite part of the Juvenile Drug Court Program? :

1. _______________________Why? : _____________________________________________________________________

___________________________________________________________________________________________________

2. _______________________Why? : _____________________________________________________________________

___________________________________________________________________________________________________

8. Did you find your individual therapy helpful to you? : YES NO

Why? : ______________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

9. Did you find group therapy helpful to you? : YES NO

Why? : ______________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

10. What other therapy did you attend while in Drug Court? (i.e. Anger management, Family, etc.) :

____________________________________________________________________________________________________

Was it helpful to you? : YES NO Why? :__________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

11. Did you participate in Santa Fe Mountain Center Programming? : YES NO

Describe your experience: _____________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________


12. Did you participate in any other Programs while in Drug Court? (i.e. SF Opera, Popejoy, Sports) : YES NO

Describe your experience: _____________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

13. Did you “get away” with anything while in the program? : YES NO

Explain: ____________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

12. If you could change anything about Drug Court, what would it be? : ______________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

14. What are your future goals following your participation in Drug Court? : _________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix g. Drug Use and Testing Observation Agreement.doc


DRUG USE AND TESTING OBSERVATION AGREEMENT

As a participant in the Sandoval County Juvenile Drug Court, I understand that I am not permitted to use

alcohol and drugs and that I will be randomly tested for the presence of these substances in my system through

the use of various drug and alcohol detection tests and equipment. I understand and agree to the following

conditions set forth in this agreement:

1. I understand that I am not permitted to ingest, use, or consume any illegal substance, drugs, or alcohol.

2. I understand that I am not allowed to possess or be in the presence of illegal substances, drugs, or

alcohol.

3. I understand that I am not permitted to use prescription medication that I have not been prescribed.

4. I understand that I must inform my physician that I am participating in a substance abuse program prior

to the prescribing of any medication.

5. I understand that I must inform Drug Court immediately of any medication prescribed to me and provide

copies of that prescription to the Drug Court Office. I understand that my medication use may be

monitored to ensure compliance with my prescription.

6. I understand that I will be tested for the presence of drugs and alcohol in my system on a random basis

according to procedures set forth by the Drug Court Team.

7. I understand that I must call the drug testing telephone line Monday through Friday to determine if my

phase is required to provide a urine sample and am required to provide a sample by 5 pm.

8. I understand that it is my responsibility to arrange for providing a urine sample on my phase day before

5 pm.

9. I understand that I must be available on weekends and holidays at home or by telephone until 10:30 am

for a random drug test. If fail to make myself available it will be considered a No Show and considered a

positive test subject to sanction.

10. I understand that if I miss a test or I am late for a test that it will be considered a No Show and

considered a positive test subject to sanction.

11. I understand that if I fail to provide a sample, or a sufficient sample amount, it will be considered a

positive test.

12. I understand that if I provide a sample that appears diluted I may be asked to provide another sample.


13. I understand that 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 that the sample is not

dilute.

14. I understand that substituting or altering my specimen or trying in any way to modify my body fluids for

the purpose 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 additional sanctioning.

15. I understand that my urinalysis will be will be conducted by same-sex staff and “frontal” observation of

the donor will be utilized to ensure that the sample being provided is authentic and to prevent

substitution or altering of the sample. I understand that if I refuse to comply with my test being observed

that my test will be considered positive.

16. I understand that if I test positive for alcohol or drugs on an “instant” test device my sample will be sent

to an independent lab for confirmation of the positive test result.

17. I understand that I may not challenge the validity of the test by using my own testing device or lab.

18. I understand the information in the EtG Testing and Incidental Alcohol Exposure Contract.

19. I understand that if I am ordered to have a Scram Bracelet or Sobrietor to monitor for the use of alcohol

that I will comply with the rules and policies of those devices.

20. I understand that a positive urinalysis is considered a positive test regardless of how that substance

entered into my body.

21. I understand that a “contact high” or “second hand smoke” is not an excuse for a positive marijuana test.



DRUG USE AND TESTING OBSERVATION AGREEMENT

CLIENT NAME: __________________________

I HAVE RECEIVED AND READ, OR HAVE HAD IT READ TO ME, AND UNDERSTAND THE

DRUG TESTING AND OBSERVATION AGREEMENT.

_________________________________________ _______________________

Participant Date

_________________________________________ _______________________

Parent/Guardian/Custodian Date

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix h. EtG Contract.doc


EtG/EtS TESTING & INCIDENTAL ALCOHOL EXPOSURE CONTRACT

Recent advances in the science of alcohol detection in urine have greatly increased the ability to detect even trace

amounts of alcohol consumption. In addition, these tests are capable of detecting alcohol ingestion for significantly

longer periods of time after a drinking episode. Because these tests are sensitive, in rare circumstances, exposure to

non-beverage alcohol sources can result in detectable levels of alcohol (or its breakdown products). In order to

preserve the integrity of the Drug Court testing program, it has become necessary for us to restrict and/or advise Drug

Court participants regarding the use of certain alcohol-containing products.

It is YOUR responsibility to limit your exposure to the products and substances detailed below that contain ethyl

alcohol. It is YOUR responsibility to read product labels, to know what is contained in the products you use and

consume and to stop and inspect these products BEFORE you use them. Use of the products detailed below in

violation of this contract will NOT be allowed as an excuse for a positive test result. When in doubt, don’t use,

consume or apply.

COUGH SYRUPS AND OTHER LIGUID MEDICATIONS: Drug Court participants have always been prohibited

from using alcohol-containing cough/cold syrups, such as Nyquil. Other cough syrup brands and numerous other liquid

medications, rely upon ethyl alcohol as a solvent. Drug Court participants are required to read product labels carefully

to determine if they contain ethyl alcohol (ethanol). All prescription and over-the-counter medications should be

reviewed with Drug Court staff BEFORE use. Information on the composition of prescription medications should be

available upon request from your pharmacist. Non-alcohol containing cough and cold remedies are readily available at

most pharmacies and major retail stores.

NON-ALCOHOLIC BEER AND WINE: Although legally considered non-alcoholic, NA Beers (e.g. O’Doul’s,

Sharps) do contain a residual amount of alcohol that may result in a positive test for alcohol, if consumed. Drug Court

participants are NOT permitted to ingest non-alcoholic beers or wines.

FOOD AND OTHER INGESTIBLE PRODUCTS: The are numerous other consumable products that contain ethyl

alcohol that could result in a positive test for alcohol. Flavoring extracts, such as vanilla and almond extract, and liquid

herbal extracts (such as Ginko Biloba), could result in a positive screen for alcohol or its breakdown products.

Communion wine, food cooked with wine, and flambe’ dishes (alcohol poured over a food and ignited such as cherries

jubilee, baked Alaska, bananas foster) must be avoided. Read carefully the labels on any liquid herbal or homeopathic

remedy and do not ingest without approval of Drug Court staff.

MOUTHWASH AND BREATH STRIPS: Most mouthwashes (Listermint, Cepacol, etc.) and other breath cleansing

products contain ethyl alcohol. The use of mouthwashes containing ethyl alcohol can produce a positive test result.

Drug Court participants are required to read product labels and educate themselves as to whether a mouthwash product

contains ethyl alcohol. Use of ethyl alcohol-containing mouthwashes and breath strips by Drug Court participants is

not permitted. Non-alcohol mouthwashes are readily available and are an acceptable alternative. If you have questions

about a particular product, discuss it with Drug Court staff BEFORE use.

HAND SANITIZERS: Hand sanitizers (e.g. Purell, Germex, etc.) and other antiseptic gels and foams used to

disinfect hands contain up to 70% ethyl alcohol. Excessive, unnecessary or repeated use of these products could result

in a positive urine test. Hand washing with soap and water are just as effective for killing germs.


HYGEINE PRODUCTS: Aftershaves, perfumes, and colognes, hair sprays and mousse, astringents, insecticides (bug

sprays such as Off) and some body washes contain ethyl alcohol. While it is unlikely that limited use of these products

would result in a positive test for alcohol, or its breakdown products, excessive, unnecessary or repeated use of these

products could affect test results. Participants must use such products sparingly to avoid reaching detection levels. Just

as the court requires Drug Court participants to regulate their fluid intake to avoid dilute samples, it is likewise

incumbent upon each participant to limit their use of topically applied (on the skin) products containing ethyl alcohol.

SOLVENTS AND LACQUERS: Many solvents, lacquers, and surface preparation products used in industry,

construction, and the home contain ethyl alcohol. Both excessive inhalation of vapors, and topical exposure to such

products, can potentially cause a positive test result for alcohol. As with the products noted above, Drug Court

participants must educate themselves as to the ingredients in the products they are using. There are alternatives to

nearly any item containing ethyl alcohol. Frequency of use and duration to exposure to such products should be kept to

a minimum. A positive test result will not be excused by reference to use of an alcohol-based solvent. If you are

employed where contact with such products cannot be avoided, you need to discuss it with Drug Court staff. Do not

wait for a positive result to do so.

REMEMBER…WHEN IN DOUBT, DON’T USE, CONSUME, OR APPLY!



EtG/EtS TESTING & INCIDENTAL ALCOHOL EXPOSURE CONTRACT

CLIENT NAME: __________________________________________

I HAVE RECEIVED AND READ, OR HAVE HAD IT READ TO ME, AND UNDERSTAND MY

RESPOSIBILITIES TOWARDS EtG TESTING AND INCIDENTAL ALCOHOL EXPOSURE.

____________________________________ __________________________

Participant Date

____________________________________ __________________________

Parent/Guardian/Custodian Date

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix i. Electronic Monitoring Agreement.doc


Electronic Monitoring Agreement

CLIENT:

DATE:

I acknowledge receipt of the following equipment:

Initial Here

FMD #: _________

XMT #: _________

AMD #: _________

1 PHONE CORD _________

1 AC ADAPTER _________

1 SOBRIETOR CABLE _________

1 DISTRIBUTOR BOX _________

I understand that I am responsible for the repair or replacement of any of the above

damaged or lost equipment. I have read, understand, and agree to abide by the rules and

instructions for the use of an ankle monitor device and/or Sobrietor while in the Sandoval

County Juvenile Drug Court Program.

___________________________________ _________________

Client Signature Date

___________________________________ _________________

Parent or Guardian Signature Date

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix j. Ankle Monitor Instructions.doc


ANKLE MONITOR INSTRUCTIONS

1. You must have a phone line with no extra services. This means no Internet, no call

waiting, no call forwarding, no caller id, no call block, no voice mail, no satellite TV or

any other phone services except basic phone service. You may be required to bring a

copy of your latest phone bill to ensure that you do not have any of these services on your

phone line.

2. If you are on the phone and hear any static, noises or beeping it is the device trying to call

in. You must get off the phone and stay off the phone for 10 minutes to give the device

the opportunity to call in. You may then use the phone.

3. Do not put anything between your ankle and the device, including socks. You may

shower with your bracelet, but do not submerge the bracelet in water for extended periods

of time. NO SWIMMING.

4. If there is a problem with the equipment, call the Drug Court office immediately.

5. If you damage, lose or throw away any part of the equipment, your

parent/guardian/custodian and you will be held responsible for repair or replacement.

6. You may not unplug the equipment at anytime from the phone jack or power outlet.

7. Other:__________________________________________________________________

________________________________________________________________________

________________________________________________________________________

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix k. Sobrietor Instructions.doc


INSTRUCTIONS FOR SOBRIETORS

1. You must have a plain phone line with no extra services. This means no Internet, no call waiting, no call

forwarding, no caller id, no call block, no voice mail, no satellite TV or any other phone services except

basic phone service. You may be required to bring a copy of your latest phone bill to ensure that you do not

have any of these services on your phone line.

2. If you are on the phone and hear any static, noises or beeping it is the device trying to call in. You must get

off the phone and stay off the phone for 10 minutes to give the device the opportunity to call in. You may

then use the phone.

3. The Sobrietor’s alarm will sound to call you to take a test. When it does, you will have enough time to go

around and turn off the TV, radio etc. It must be quiet in the room to perform the voice test.

4. You may not use mouthwash or anything with alcohol including all aerosols (spray cans), hairspray etc.,

while you have a Sobrietor. Check all labels to make sure that the product you using does not contain

alcohol.

5. If you are on an Ankle Monitor as well, once you come home you must stay home for 15 minutes before

leaving again so you can take an alcohol test. Make sure that anyone who is on the phone when you get

home gets off the phone immediately so you can get your test upon entrance. Make sure that you do not

pick up the phone when it rings when you come home, as it is the Sobrietor sending you a test. If you do

not allow the test to come through, it will be counted as a positive Sobrietor test.

6. You must hold the Sobrietor with both hands tightly against your face while taking test. If you remove the

Sobrietor from your face before taking the test, it will be counted as a positive Sobrietor test.

7. Voice verification failures will be counted as missed/positive tests.

8. If you miss a test, it will be counted as a positive Sobrietor test.

9. When taking a Sobrietor test you must sit up straight and hold Sobrietor with both hands as instructed by

the installer.

10. If there is a problem with the equipment, call the Drug Court office immediately.

11. If you damage, lose or throw away any part of the equipment, your parent/guardian/custodian and you will

be held responsible for repair or replacement.

12. Do not unplug the Sobrietor from the wall outlet, phone jack, or ankle monitor device at anytime.

13. Other _____________________________________________________________________________

___________________________________________________________________________________

SUBSTANCE USE APPOINTMENTS

Positive (Dirty) UA /

Technical "Dirty"Missed or "No Show" House Arrest Behavior

Attendance /

Behavior GradesSuspension

Sanction Sanction Sanction Sanction Sanction Sanction

1ST Warning Warning Warning Warning

2ND Letter of Apology Writing Assignment Writing Assignment Writing Assignment

3RD Writing Assignment 1 Day Community Service 1 Day Community Service

1 hour Tutoring or

community service for

each incident

4TH 1 Day Community Service

2 Days Community

Service

2 Days Community

ServiceSchool Conference

5TH 2 Days Community

Service

SANCTIONS GRID - PHASE ZERO

OF

FE

NS

E # SCHOOLHOME

The following offenses also result in the client not earning the week toward the next phase in which it

occurred: Missed counseling appointment, missed group therapy appointment, No book at Group, No parent

at Group, No parent at Drug Court.

NOTE: This sanctions grid serves as a guide ONLY. It is not definitive. The Juvenile Drug

Court Team may customize sanctions as it deems appropriate.

SANDOVAL COUNTY JUVENILE DRUG COURT

6TH

Customized Sanction,

Detention, Probation

Violation, Program

Termination

All suspensions from

school require

community service on

days suspended and

Customized Sanction to

address reason for

suspension.

A positive ("dirty") UA

while in Phase Zero

results in being placed

into detention until client

tests clean from all

substances.



Violation, Program

Termination



Violation, Program

Termination


Probation Violation,

Program Termination

P&P 9 Appendix l. Sanctions Grid Phase 0.xls



Technical "Dirty"Missed or "No Show" House Arrest Behavior

Attendance /



1ST 2 Days Community

ServiceWarning Warning Warning Warning

2ND Community Service

and/or House Arrest

Letter of Apology /

Writing AssignmentWriting Assignment Writing Assignment Writing Assignment

3RD Customized Sanction 1 Day Community Service 1 Day Community Service 1 Day Community Service

1 hour Tutoring or


each incident


Service

2 Days Community

Service

2 Days Community


5TH Customized Sanction Customized Sanction Customized Sanction


6TH



Violation, Program

Termination



Violation, Program

Termination


school require


days suspended and


address reason for

suspension.Customized Sanction,


Violation, Program

Termination



Program TerminationCustomized Sanction,


Violation, Program

Termination




NOTE: This sanctions grid serves as a guide ONLY. It is not definitive. The Juvenile Drug

Court Team may customize sanctions as it deems appropriate.

SANCTIONS GRID - PHASE ONE

OF

FE

NS

E # SCHOOLHOME

P&P 9 Appendix m. Sanctions Grid Phase 1.xls



Technical "Dirty"Missed or "No Show"

Curfew / House

ArrestBehavior

Attendance /



1ST 2 Days Community

Service

Warning, Drug Court

Appearance

Warning, Drug Court

Appearance

Warning, Drug Court

Appearance

Warning, Drug Court

Appearance

2ND Community Service

and/or House Arrest

Letter of Apology /

Writing AssignmentWriting Assignment Writing Assignment Writing Assignment

3RD Customized Sanction,

Limbo1 Day Community Service 1 Day Community Service 1 Day Community Service

1 hour Tutoring or


each incident


Service

2 Days Community

Service

2 Days Community


5TH Customized Sanction,

Limbo


Limbo


Limbo





6TH


Limbo, Detention,


Program Termination


Limbo, Detention,


Program Termination


school require


days suspended and


address reason for

suspension.Customized Sanction,

Limbo, Detention,


Program Termination


Limbo, Detention,


Program Termination


Limbo, Detention,


Program Termination

All Rule Violations require an appearance at the next Drug Court Session and at the following Drug Court

Session to insure completion of your sanctions.

NOTE: This sanctions grid serves as a guide ONLY. It is not definitive. The Juvenile Drug Court Team may

customize sanctions as it deems appropriate.

SANCTIONS GRID - PHASES 2-4O

FF

EN

SE

# SCHOOLHOME

P&P 9 Appendix n. Sanctions Grid Phase 2-4.xls

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix o. Federal Confidentiality

Agreement.doc


ADAPTATION OF SPECIFIC GUIDELINES TO APPLY FEDERAL

CONFIDENTIALITY REQUIREMENTS WITHIN THE CONTEXT OF THE

SANDOVAL COUNTY JUVENILE DRUG COURT OF THE THIRTEENTH JUDICIAL

DISTRICT OF THE STATE OF NEW MEXICO; i.e., MEMORANDUM OF

UNDERSTANDING.

The Sandoval County Juvenile Drug Court of the Thirteenth Judicial District of the

State of New Mexico and Drug Court Team members adapt below listed confidentiality

guidelines statements and fully agree to follow and to apply them within the context of all

operations that impact the practices and procedures of the Juvenile Drug Court program

of Sandoval County. These guidelines shall take immediate effect, and they shall remain in

effect for all replacements of the initial team member signatories to this memorandum.

These guidelines may be amended, changed, eliminated, or added to by the agreement of

three-quarters of the designated Juvenile Drug Court Team members.

CONFIDENTIALITY GUIDELINES

1. As a general rule, drug and alcohol abuse treatment records for diagnosis, referral for

treatment, treatment and prognosis must be kept strictly confidential by all members of the

Drug Court Team and by the Drug Court.

2. The Court, the treatment program, Hogares and its treatment staff, and all Juvenile

Drug Court Team members shall maintain secure procedures for access to any written or

computer records, including by not limited to locked rooms, separately secured file

cabinets, and limited access security codes for controlled data input and access.

3. To permit Drug Court functions within the context of the delinquency Children’s

Court system, all Drug Court participants must sign a revocable consent form that

governs the release of confidential participant records/information to the Juvenile

Drug Court Team members. Drug Court consent to disclosure is limited to

information that is necessary to carry out the functions of the Drug Court:

a. reports on the participant’s eligibility/acceptability for substance abuse

treatment services.


Agreement.doc

b. reports regarding treatment, attendance, compliance and progress in

accordance with the Drug Court monitoring criteria necessary for compliance with the

Drug Court Program.

4. Consent for disclosure of confidential substance abuse treatment information is not

permanent. Consent for disclosure ends when the participant’s involvement with Juvenile

Drug Court has been formally and effectively terminated by either the participant’s

exclusion from Juvenile Drug Court due to non-compliance with the Drug Court rules,

regulations and procedures or by the participant’s successful completion of Juvenile Drug

Court and release from court and/or probation supervision.

5. Participants should have an opportunity to consult with an attorney or a member of the

attorney’s defense team and a parent/guardian/custodian prior to signing the consent for

disclosure of confidential substance abuse treatment information. Defense counsel or

authorized defense team member and the parent/guardian/custodian shall sign the consent

form as confirmation that a voluntary, knowing and intelligent consent is proffered by the

participant.

6. Redisclosure of confidential substance abuse treatment information by Juvenile Drug

Court Team members is limited to the carrying out of their official duties within the

context of the particular drug court case. Performance of official duties includes courtroom

and non-courtroom reviews and discussions by the Juvenile Drug Court Team about the

participant’s diagnosis, compliance, progress, and treatment.

7. Information disclosed or redisclosed in connection with Juvenile Drug Court

participant diagnostic evaluations, reviews, or discussions may not be used against a drug

court participant with other delinquency or criminal proceedings or with regard to another

person.

8. When a potential Drug Court candidate signs a consent form and complies with

Juvenile Drug Court admission procedures, but he/she is subsequently rejected for the

Juvenile Drug Court Program, the candidate’s statements in contemplation of treatment

shall be privileged and shall not be used against him/her in any subsequent court

proceedings, delinquency/criminal investigations, or prosecutions.

9. The Drug Court Treatment Program shall not disclose information about current or

former clients in response to a subpoena (even one signed by a judge), unless the client has


Agreement.doc

signed a consent form authorizing the disclosure of subpoenaed records or unless a court of

competent jurisdiction enters an authorizing order.

10. If a court order for disclosure of substance abuse treatment information is requested as

part of a delinquency/criminal investigation or prosecution, the Juvenile Drug Court shall

conduct a hearing, and it shall apply the federally mandated criteria for such

determinations as outlined in the federal regulations at 42 C. F. R. 2.65.


Agreement.doc


STATEMENT RECOGNIZING THE APPLICABILITY OF

FEDERAL CONFIDENTIALITY REGULATIONS

I HEREBY AGREE TO ABIDE BY THE FEDERAL CONFIDENTIALITY REGULATIONS

AS STATED IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DRUG

COURT TEAM MEMBERS WITH REGARD TO THE CONFIDENTIALITY OF DRUG

COURT PARTICIPANT RECORDS AND INFORMATION. I HAVE READ THE

STATEMENT RECOGNIZING THE APPLICABILITY OF FEDERAL CONFIDENTIALITY

REGULATIONS AND THE ADOPTION OF SPECIFIC GUIDELINES TO APPLY FEDERAL

CONFIDENTIALITY REQUIREMENTS WHICH INCLUDES CONFIDENTIALITY

GUIDELINES WITHIN THE CONTEXT OF THE SANDOVAL COUNTY JUVENILE DRUG

COURT OF THE THIRTEENTH JUDICIAL DISTRICT COURT

_______________________________ ______________________________

SIGNATURE DATE

C:\Documents and Settings\gpals\Desktop\Stuff\Policy and Procedures\P&P 9 Appendix p. Federal Confidentiality

Agreement Weekly Sign In.doc


STATEMENT RECOGNIZING THE APPLICABILITY OF FEDERAL

CONFIDENTIALITY REGULATIONS.

The federal Public Health Service Act and regulations on the confidentiality of alcohol and drug

abuse patient records do apply to federally assisted drug treatment court programs. The

confidentiality of alcohol and drug abuse client records maintained by this program is protected by

federal law and regulations. Therefore, the Sandoval County Juvenile Drug Court and its Drug

Court Team recognize and adopt these federal regulations as the applicable confidentiality

standards that govern Juvenile Drug Court practices and procedures pertaining to the release of

client/participant diagnostic, treatment referral and treatment records. For further amplification

of the adaptation of specific guidelines to apply federal confidentiality requirements within the

context of the Sandoval County Juvenile Drug Court, please review the back of this sheet.

SANDOVAL COUNTY JUVENILE DRUG COURT REVIEW TEAM ROSTER

FOR THE DATE OF: _________________________

NAME TITLE

1. _________________________ _________________________

2. _________________________ _________________________

3. _________________________ _________________________

4. _________________________ _________________________

5. _________________________ _________________________

6. _________________________ _________________________

7. _________________________ _________________________

8. _________________________ _________________________

9. _________________________ _________________________

10. _________________________ _________________________

11. _________________________ _________________________

12. _________________________ _________________________

13. _________________________ _________________________

14. _________________________ _________________________

15. _________________________ _________________________

16. _________________________ _________________________

17. _________________________ _________________________

18. _________________________ _________________________

19. _________________________ _________________________

20. _________________________ _________________________