WDTC ENTRANCE PROCESSWHO CAN REFER?

Participant

Defense Counsel Social Service

Agencies

Crown

Judges

WDTC staff

Treatment Staff

POLICE AGENCIES

Probation Services

Correctional Center Staff

How It Works

Referral Process: Clients can self-refer or are referred by defence counsel. Some are recruited through word of mouth or advertisement in correctional facilities. They are screened in by a Crown and then assessed by the treatment team.

WDTC

Types of Offences/Offenders Possession - drug addicts; Traffickers (low level) who are selling so

they can use; Break & Enter – those who are breaking

in and stealing to support their drug habit;

Forgery/Fraud – again done to support their drug habit;

Purpose of sentencing10. (1) Without restricting the generality of the Criminal Code, the fundamental purpose of any sentence for an offence under this Part is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society while encouraging rehabilitation, and treatment in appropriate circumstances, of offenders and acknowledging the harm done to victims and to the community.Marginal note:Factors to take into consideration(2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person

(a) in relation to the commission of the offence,(i) carried, used or threatened to use a weapon,(ii) used or threatened to use violence,(iii) trafficked in a substance included in Schedule I, II, III or IV or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of eighteen years, or(iv) trafficked in a substance included in Schedule I, II, III or IV, or possessed such a substance for the purpose of trafficking, to a person under the age of eighteen years;

(b) was previously convicted of a designated substance offence; or(c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, a designated substance offence.Marginal note:Drug treatment court program(4) A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender(a) to participate in a drug treatment court program approved by the Attorney General; orMarginal note:Minimum punishment(5) If the offender successfully completes a program under subsection (4), the court is not required to impose the minimum punishment for the offence for which the person was convicted.

Graduated Discharged Difference Comments

Criminal History Yes 66.7% 81.8% -15.1% No 33.3% 18.2%

A criminal history is linked to reoffence. This difference is not as large as last year (more graduates have criminal histories this year)

History of Violence

Yes 18.2% 45.5% -27.3% No 81.8% 54.5%

Similar to last year, a history of violence is strongly associated with being discharged.

Primary Risk Assessment*

Low 3.1% 5.6% -2.5% Medium 65.6% 13.9% +41.7%

High 31.3% 80.6% -49.3%

Higher PRA ratings mean a greater likelihood of discharge. Of note, more clients classified as “high” graduated this year than in last year’s evaluation.

Institutional Security

Assessment

Low 90.6% 58.1% +32.5% Medium 9.4% 41.9%

High 0 0

Similar to last year, clients classified as low risk had a much higher graduation rate.

Table 4WDTC Graduate and Discharged Client Comparisons on Legal and Risk Data

CROWN ACCEPTANCE

The offender has been charged with possession, possession for the purpose of trafficking/trafficking; Criminal Code offences associated with drug offences or a non-violent Criminal Code offence.

The offender has a drug addiction.

The offence was caused or motivated by the drug addiction.

The accused and defense counsel must also have received sufficient disclosure to determine that the accused is able to plead guilty to the applicable Information(s).

1. The offence was solely motivated by profit (for example

a commercial grow operation);

2. For drug offences, the offence was committed near a

schoolyard; playground or other area where children

are commonly present;

4. For drug or prostitution offences, the offence involved a

person under 18 years of age (for example, trafficking

to minors; communication with a person under 18 years

of age);

5. The offender has outstanding immigration issues which

may result or has already resulted in a deportation

order

6. The offender has any other serious outstanding criminal

charges, whether federal or provincial.

THE OFFENDER WILL NOT BE ELIGIBLE, IF ANY

OF THE FOLLOWING CIRCUMSTANCES EXIST:

The Offender Will Generally Not Be ineligible If…

1. The offence involved the use or threatened use of a

weapon;

2. The person has been charged with trafficking for

commercial gain;

3.The drug offence involved risk to a young person; or

4. The offender is an associate or member of a gang or

criminal organization ;

5. The drug offence was committed in circumstances that

raise concerns about drug-impaired driving;

6. The person has a recent and/or significant history of

violence.

7. The current offence involved violence.

THE FOLLOWING FACTORS WILL ALSO BE CONSIDERED AND MAY RESULT IN INELIGIBILITY:

• An indication that the resort to the DTC program is being used

solely to avoid punishment rather than to address an addiction

that contributed to the criminality in question should militate

against admission to the DTC program.

• Persons whose past conduct indicates an inability to comply

with or maintain a previous court order, or to benefit from

admission into a DTC program, will not generally be

admissible.

• Persons who have previously participated in a DTC program and

either been expelled or withdrawn, as well as those who have

graduated from a DTC program in the previous year, are generally

not admissible to the DTC program.

LEGAL DISCLAIMERThe determination of whether any of the above criteria have or have not been met will be solely in the discretion of the prosecutors associated with the Drug Treatment Court program. In making their determination, the prosecutors may consult such other persons as they consider appropriate (for example, treatment providers to determine the existence of a drug addiction).

• Persons who are currently serving a conditional or intermittent

sentence at the time of their application to the DTC will generally

not be admissible as these sentences are generally incompatible

with an intensive DTC program.

Process for admission

Crown receives referral

Does participant meet criteria?

WDTC screens

Does participant meet criteria?

Participant begins assessment process

Participant is not accepted and is referred back to court

Y Y

N N

WDTC

Forms Application Form Waiver – Track 1 Waiver – Track 2 The Rules – Your Duties & Obligations

WDTC

Application Form All forms completed by accused and counsel

together. Application Form contains the following:

personal information relating to the accused; types and number of charges (which are verified with

CCAIN); types of drugs addicted to; Date of last use; Previous treatment; Housing availability.

WDTC

Waivers 2 types – Track 1 & Track 2 Give up right to plead not guilty as they must

plead guilty to either all or some of the charges upon entering WDTC;

Give up their right to a trial; If they are discharged for any reason after 30

days of being in the program, they go straight to sentencing;

If they choose to opt out or voluntarily withdraw before the 30 days, they are allowed to withdraw their pleas and continue in the regular court system.

WDTC

Waiver - Track 1 Designed for offenders who are charged

with possession of a controlled substance and who have a demonstrable dependence on that substance. The Crown will withdraw the charge(s) against successful Track 1 participants.

WDTC

Waiver - Track 2 Designed for offenders who are charged with

trafficking and/or possession for the purpose of trafficking and certain Criminal Code offences who also have a demonstrable dependence on a controlled substance. An individual with an extensive criminal record charged with possession of a controlled substance may be considered for this track. Upon successful completion, Track 2 participants will be given a non-custodial sentence.

WDTC Bail Conditions

The following is a list of some of the DTC bail conditions which are imposed by the Court:

attend and participate actively in treatment; attend for urinalysis as directed; honestly report all drug and alcohol use; be honest with treatment providers and the court; attend court as required; live at a specified address and don’t move from that

address without first getting the court’s approval; advise the court of any new charges that arise while in

WDTC; be subject to curfews, boundaries and non – association

conditions; abstain from the use of alcohol, non-medically prescribed

drugs and other intoxicants; Drug traffickers – subject to a must not own or possess a

cell phone, blackberry or any other electronic communication device.