Court Mandated Diversion (CMD) Program, Tasmania

Transcription

1 Court Mandated Diversion (CMD) Program, Tasmania Working in & with an evolving model Norman Alexander Team Leader CMD Overview Legislation & roles/responsibilities of CDOs & organisations working with a CMD participant Communication issues & tensions Sanctions & cancellation The CMD model: what it is today & our plans for tomorrow

2 Therapeutic Jurisprudence Role of law & legal institutions in fostering therapeutic outcomes for offenders Fundamental principle is enhancement of offender s psychological & physical wellbeing without compromising the core values of the justice system Primary goal of CMD program is to break the drug/crime cycle by diverting eligible offenders into treatment & rehabilitation programs to address their criminogenic & welfare needs Eligibility & Suitability Demonstrable history of substance abuse Nexus between substance abuse & offending Contribution Responsivity and Motivation

3 Assessment: Risk/Needs & Responsivity LS/CMI assesses offenders criminogenic risk/needs & their capacity to engage in a change process Criminal history Education & employment Family/marital Companions Leisure/recreation Alcohol/drug problem Pro-criminal attitude Anti-social pattern Legislation: Sentencing Act (1997) Part 2, s.7 (a) & (ab) A court that finds a person guilty of an offence may (a) record a conviction and order that the offender serve a term of imprisonment; or (ab) record a conviction and make a drug treatment order under Part 3A in respect of the offender

4 27C: The Purpose of a Drug Treatment Order (DTO) A (DTO) is a sentencing order that aims to do one or more of the following in respect of an offender with a demonstrable history of illicit drug use: provide an alternative sanction to imprisonment; through an integrated, supervised and reviewable treatment regime, facilitate the offender s rehabilitation and reintegration into the community; reduce the incentive for the offender to resort to criminal activity; reduce risks to the offender s health and well-being. 27E, F & G: Parts of a DTO DTO has a custodial and a treatment & supervision part Custodial part is the sentence of imprisonment that the court would have been required to impose were it not making a DTO Offender isn t required to serve the custodial part unless it s activated: Sanctions and Cancellation

5 27G: DTO Treatment & Supervision - Core Conditions Offender must undergo treatment for illicit drug use as directed by the court Offender must comply with lawful directions of the court Offender must comply with CDO s reasonable directions 27H: DTO Treatment & Supervision - Program Conditions Offender must Submit to drug testing Submit to detoxification or other treatment, residential or otherwise Attend vocational, educational, employment, rehabilitation or other programs Submit to medical, psychiatric or psychological treatment Not associate with persons or classes of persons Reside at such place and for such period as specified and directed Offender must do or not do anything else that the court considers necessary or appropriate concerning the offender s illicit drug use or the personal factors that the court considers contributed to the offending behaviour

6 27I: Conference & Review Pre-conference review meeting Court regularly reviews offender s progress, & conferences with CDO, offender s legal representative & prosecutor in a closed court. CDO submits a progress report and PP makes submissions to endorse or oppose CMD recommendations. Court then decides. 27L & 27M: Rewards & Sanctions Sanctions may be imposed for failure to comply with core & program conditions: Case Management Counselling Programs Urinalysis/Admission of use Any other activity as directed One sanction = one custodial day. The custodial sentence is activated when the offender accrues 14 sanction days.

7 27Q: Cancellation Court may cancel a DTO if it is satisfied that Offender can no longer comply due to a material change in their circumstances Offender is no longer willing to comply Continuation of treatment & supervision is unlikely to achieve one or more of the purposes for which the order was made Relationships: The DTO Undertaking I will fully commit to my drug treatment program. My drug treatment program will take priority over all other commitments. Every interaction with every agency and its representatives is based on this commitment, and on the legal status of the order to which the offender is subject.

8 Information Exchange Personal Information Protection Act 2004: Offender s personal information must be managed in accordance with the principles set out in the Act Personal Information Protection Statement and Consent to Exchange Information forms address Collection & Use Disclosure Data Management & Archiving Access & Correction Personal Information: the Rule of Thumb We can share just anything with anyone, provided that Sharing is directly related to the service we provide AND We have the offender s written consent to do so.

9 Negotiating Boundaries: My Job, Your Job My Job is Your Job is My Job isn t Your Job isn t Balancing Pressure & Support P r e s s u r e To Not Support With For

10 DTO Phases Phase 1: Stability Phase 2: Consolidation Phase 3: Reintegration We currently ask for 5 hours per week: Case Management Urninalysis Counselling Group Program DTO Phases Phase 1: 60 hours Phase 2: 100 hours Phase 3: 100 hours Of non-core, non-sanctionable activity The glass always needs to be full

11 Phase 1: part of the evolution ADS Doctor Psychologist/Psychiatrist External counselling (eg RA) Housing Employment & training forms Sporting or other club Managed withdrawal Detox, Serenity, Bridge, Missiondale, Livefree Financial Management Anger Management Lifework Relaxation classes Journalling SHE (Support, Help, Empowerment CAB Phases 2 & 3: Same, but a bit later LINC referral: literacy, white card, CV MPES DLU Men s Sheds Employment CPS Parenting classes Playgroups TAC connections Relapse prevention planning Job interviews Work Volunteer work Structured activities, eg Mindfulness Creative engagement Dentist

12 Statewide Hobart North Northwest