ESCAMBIA COUNTY, ALABAMA TWENTY- FIRST JUDICIAL CIRCUIT DRUG COURT PROGRAM BREWTON, ALABAMA Under direction of The Honorable Bradley E. Byrne Circuit/Drug Court Judge
ESCAMBIA COUNTY DRUG COURT Program Information SECTION I CONTENTS I... Program Description II... Eligibility Requirements III... Identifying Potential Participants IV... Substance Abuse Treatment V... Incentives & Sanctions VI... Testing Policy VII... Supervision VIII... Intake and Entry Process & Chart IX... Participant Forms X... Screening & Assessment Tools XI... Protocols, Policies & Procedures ι
ESCAMBIA COUNTY, ALABAMA DRUG COURT TWENTY-FIRST JUDICIAL CIRCUIT DRUG COURT DESCRIPTION The Drug Court Program: Since the mid 1980's, court dockets across this nation have become inundated with drug cases and drug involved offenders. Incarceration alone does little to break the cycle of illegal drug use and related crimes. However, drug abuse treatment has been very instrumental in reducing drug addiction and drug related crimes. In 1989, a group of leaders in Dade County, Florida devised a system to combine drug abuse treatment with the criminal justice system. The outcome is a system that monitors nonviolent offenders through judicial supervision while introducing them to a rehabilitative program. This new approach has become a national movement. Today there are active Drug Court Programs in all 50 states. The Escambia County Alabama Drug Court: The Escambia County Alabama Drug Court was established in October of 2002. The Court was developed under the direction of Judge Bradley E. Byrne and the Escambia County Drug Court Coalition. This Court is a non-adversarial court where a single presiding Judge and a dedicated team of staff work toward breaking the cycle of drug abuse and drug related criminal offenses through the uses of regular court appearances, frequent and random drug/alcohol testing, treatment sessions and immediate sanctions for noncompliance with the program rules. Regardless of their status at entry, an offender must actively participate in the program for a minimum of twelve months, advance through three phases of drug addiction treatment as well as obtain employment and a GED, before being allowed to graduate from the program.
1/1/09 This court is a post-plea drug court. A participant with a violation of probation charge, felony charge or misdemeanor charge filed in circuit court, due to the use of a controlled substance, enters a plea of guilty. This plea is held in abeyance until successful completion of the program. Upon completion from Drug Court the guilty plea is withdrawn and the criminal charges are then Nol prossed. Only participants charged with nonviolent offenses or participants whose probation has been revoked will be accepted into the program. The intention of this court is to establish sentencing alternatives as a way to divert offenders from incarceration, therefore reducing jail cost and overcrowding; to identify eligible offenders early through screening and assessment, thus reducing the number of days an offender spends in jail awaiting disposition; to inform and educate the public about the program through public speaking, media and community council; to establish a treatment model and provide long term aftercare and support to participants; and to obtain funding through federal grants, private trusts and community contributions. The Escambia County Drug Court Program enlists the services of surrounding law enforcement personnel, the office of the Drug Task Force, the District Attorney s office, the Public Defender s office and rehabilitation and treatment specialists. Through such combined efforts this Drug Court strives to enhance public safety and the quality of life for citizens of the county by implementing a program designed to provide supervised, effective and meaningful individual treatment for qualified offenders. The primary goals of this court are to reduce repeat offenders, decrease jail population, reduce property crimes and return responsible, productive citizens to society.
1/1/09 ELIGIBILITY REQUIREMENTS The Escambia County Drug Court targets those offenders with characteristics which the drug court team has identified through the following criteria. Those offenders must also exhibit the desire to actively participate and have the capacity to manage the rigorous structure of Drug Court. Qualifying Characteristics: 18 years of age or older. felony charge or misdemeanor charge filed in circuit court under the Circuit Judges jurisdiction. chemical addiction to a controlled substance or alcohol. county resident or resident of eight adjoining cities. The Escambia County Alabama Drug Court is an adult drug court. All participants must be at least 18 years of age or older. The offender must be a resident of one of eight specified cities within and around Escambia County, Alabama. Only nonviolent offenders with a felony charge, or a misdemeanor charge filed in circuit court and under the Circuit Judges jurisdiction will be considered for the program. Offenders will be clinically assessed and must show a chemical addiction to a controlled substance or to alcohol. Offenders who have a violation of probation charge, and the offense is considered to be drug or alcohol addiction related, may also be eligible for the program. Disqualifying Characteristics: no juveniles. no one living outside the county or the eight adjoining cities unless authorized by this court. no one previously ejected from the program. no sex offenders. no one with charges pending in other courts unless authorized by this court.
no one with distribution convictions. no violent offenders. 1/1/09 As stated by Federal Guidelines, all violent offenders are excluded from the drug court program. A violent offender is defined as a person who either ( a ) is charged with or convicted of an offense in which a firearm or other deadly weapon was involved; ( b ) used force against another person; or caused the death of or serious bodily injury to another person; ( c ) or is charged with an offense that is of a sexual nature. Offenders that have distribution convictions are automatically denied entrance, as are offenders that have previously been sentenced out of the program. If an offender has charges pending in other courts or jurisdictions, they will not be eligible for the program until those charges are disposed of or otherwise resolved. No offender under the age of 18 will be accepted. An offender living outside of Escambia County, Alabama, or the adjoining eight cities, will be excluded from the program unless otherwise authorized by this court.
1/1/09 IDENTIFYING POTENTIAL PARTICIPANTS Drug Court Programs are based on the understanding that substance abuse is a chronic and relapsing disorder that can be successfully treated. The post arrest period provides the best opportunity for interventions that will break the drug-crime cycle. Identifying possible participants, assessing their treatment needs and starting treatment as soon as possible after the arrest is a vital element in the success of this program. The screening process will determine an offender s legal eligibility to the program. The assessment process will determine an offender s treatment needs and determine their eligibility based on risk, motivation, need and workability. Screening: An offender, or the offender s attorney, may submit an application to the Drug Court Director for consideration into the program. Names of offenders are also referred to the Director by law enforcement officers. A list of offenders on the Inmate Roster and arrest records are checked for possible participants for the program. The District Attorney checks the criminal history of the offender for suitability within 72 hours. Once an offender is determined to be eligible for the program, the Drug Court Director or assistant will conduct the initial screening and make a recommendation to treatment for assessment. Substance Abuse Assessment: The substance abuse therapist will complete an assessment on the offender upon receiving the Drug Court Director s recommendation to establish that there is an alcohol/drug dependancy. Once the assessment is completed, the therapist will determine which treatment services are appropriate to address the offender s needs. The drug court staff will determine if an offender is suitable for the program based on the substance abuse assessment.
1/1/09 SUBSTANCE ABUSE TREATMENT Treatment Operations: The treatment aspect of the Escambia County Alabama Drug Court is a twelve-month program that is divided into three phases. Participants are assessed a fee of $50.00 a week for administrative fees. Frequent drug urinalysis and alcohol screening is required. The twelve step recovery philosophy is utilized in Spirituality Groups. A Spirituality Group is provided to all participants. Male participants attend treatment separately from female participants so as not to inhibit the recovery process for either gender. Along with substance addiction treatment, the treatment specialist refers participants to resources available in the community that provide other Human and Social Services for which the participant has shown a need. Phase I Requirements: Participant will attend Phase I for a period of twelve weeks. Participant will attend group sessions a minimum of three days per week. Participant will appear in court on a weekly basis for judicial review. Participant will submit a urine sample as required for color code testing procedure. A ten o clock p.m. curfew will be imposed. Before a participant will advance from Phase I the following criteria must be met: All step one work must be completed. Participant must be clean for a minimum of four weeks. All treatment fees must be current. Participant must be employed. The substance abuse therapist and the court must approve a participant s advancement.
1/1/09 Phase II Requirements: Participant will attend Phase II for a period of fourteen weeks. Participant will attend group sessions a minimum of two days per week. Participant will attend and complete the Life Skills Series classes. Participant will appear in court on a bi-weekly basis for judicial review. Participant will submit a urine sample as required for color code testing procedure. An eleven o clock p.m. curfew will be imposed. Before a participant will advance from Phase II the following criteria must be met: Step two and step three work must be completed. Participant must be clean for a minimum of six weeks. Participant must be employed. All treatment fees must be current. The substance abuse therapist and the court must approve a participant s advancement. Phase III Requirements: Participant will attend Phase III for a period of six months. Participant will attend one group session and attend one NA/AA meeting per week. Participant will appear in court for judicial review on a monthly basis. Participant will submit a urine sample as required for color code testing procedure. A twelve o clock a.m. curfew will be imposed. Before a participant will be allowed to graduate from the program the following criteria must be met: All work through step twelve must be completed. All court fees, fines and restitution must be paid.
Participant must have a high school diploma or provide proof of having tested for a GED. Participant must obtain a driver license and voter s registration, if applicable. 10/22/09 Participant must submit a clean urinalysis for a minimum of six months. If a positive urinalysis is submitted at any time during Phase III, the participant will begin a new six month period of negative urinalyses. The substance abuse therapist and the court must approve a participant s graduation from the program. A participant that has successfully completed all three phases of treatment will graduate and have the opportunity to contribute to the Drug Court program by becoming a member of the Peer Review Committee. This committee will aid in the rehabilitation of current participants by offering support to a participant who may be involved in a relapse. The committee will also offer, to the court and to treatment, suggestions and insights to a participant s recovery. Court Operations: The Escambia County Alabama Drug Court Program is conducted under the post-plea model. Charges will be held in abeyance and Nol prossed upon completion of the program. Judicial monitoring of the drug court will be under the supervision of the Circuit Court of Escambia County, Alabama. The court maintains supervision over the recovery process through frequent court appearances, random and frequent urinalysis, constant supervision of the participants by the case manager and constant reports from the treatment providers to the Circuit Judge. Participants will appear before the Circuit Judge for judicial review each Friday morning according to the Phase requirements. The Drug Court will reward cooperation of the program rules and utilize a sequential form of sanctions for noncompliance.
1/1/09 INCENTIVES A participant s progress is measured by his or her compliance to the program. Total cessation of drug use, by participants, is what drug court strives to accomplish. Recognizing minor progress toward that goal has an important effect on a participant s sense of accomplishment. The incentives for compliant behavior may include rewards such as: Verbal praise and encouragement. Advancement to the next Phase. Decreased supervision. Decreased court appearance. Reduced drug testing. Reduced periods of incarceration. Successful completion of the program. Coupons and waivers. SANCTIONS The Escambia County, Alabama Drug Court realizes that relapse is an integral part of the recovery process. It is common for a participant to alternate between treatment and relapse before completely recovering. Drug Court is based on therapeutic jurisprudence. This principle suggests that the court should use the coercive power of the criminal justice system to sanction noncompliance. This court utilizes graduated sanctions to motivate participants to comply with the conditions of the Drug Court Program.
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The guidelines that follow were developed to demonstrate continuity in the deliverance of sanctions. It is understood that each violation of drug court procedures stands on its own merits. The Circuit Judge maintains full discretion on going outside of these guidelines. Un-excused absence from treatment/court Positive urinalysis/alcohol test Failure to participate in treatment Failure to cooperate with Community Supervision New arrest Absconding Failure to pay administrative fees will be considered a no show for court. Verbal Warning/ Weekend home confinement 8 hours Comm. service/ Increased treatmentattendance/weekend home confinement. Verbal Warning Verbal Warning Show Cause Judicial Discretion Show Cause Judicial Discretion 8 hours of community service for each week of payment missed. Client must still make payment. 2 days of Community Service Weekend in jail/ Increased treatment/ Relapse prevention workbook Extra written assignments Weekend home confinement. Show Cause Judicial Discretion Show Cause Judicial Discretion 8 hours of community service for each week of payment missed. Client must still make payment. Weekend in jail 4 days in jail followed by 1 week home confinement/increased treatment-attendance Weekend home confinement * Weekend in Jail Show Cause Judicial Discretion Show Cause Judicial Discretion 8 hours of community service for each week of payment missed. Client must still make payment. 4 days in jail followed by 7 days home confinement 7 days in jail/ Increased treatment/ 30 days home confinement * 1 week home confinement * Weekend in jail Show Cause Judicial Discretion Show Cause Judicial Discretion 8 hours of community service for each week of payment missed. Client must still make payment. Review Review Review Review Show Cause Judicial Discretion Show Cause Judicial Discretion 8 hours of community service for each week of payment missed. Client must still make payment. Other sanctions that may be utilized are: book reports, reinstate curfew, home confinement, sitting at the Courthouse under supervision or in a Time-out seat. * A participant confined to jail will be allowed to attend treatment.
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TESTING POLICY It is the policy of Escambia County Alabama Drug Court to conduct frequent and random drug/alcohol tests of all participants. A test will be performed on each participant on the Monday of the week in which he/she is to plea in and again on the day in which they are scheduled to enter drug court. The participant will not be accepted into the program until a negative urinalysis is obtained. Participants will be given a urinalysis test for drug and alcohol detection. The creatinine level of the urine will be measured to ensure the sample is a valid sample. A refractometer will be used to confirm the specific gravity of the urine of any sample in which the creatinine level is abnormal. The urine sample will not be tested if the specific gravity results are less than 1.003. The sample will be considered diluted and noted as a positive result. If the creatinine level is above the normal range it will be considered a positive result. An adulteration strip will be utilized for the detection of contaminants. A urine sample will be tested with the Viva E machine once it is established the sample is a valid sample and no contaminants are present. A random drug/ alcohol test will be conducted by the case manager before the beginning of judicial review each Friday morning. This Drug Court utilizes a call-in color-code testing procedure in which participants submit a urine sample according to the color chosen for testing each day. Each participant will call a designated line to verify which color is to be tested and the time and location to submit a urine sample. Any sample not submitted within the allotted time will be considered positive. The sanction imposed for a missed color code test will be decided on an individual basis. A participant who tests positive may request a second test to be administered immediately or at the discretion of the court. The second test will be administered at the participant s expense. The cost for the second test is thirty-five dollars. All monies must be paid before the second test will be administered. However, if the result of the second test is negative, the drug court will consider payment for the cost of the test. Any urine sample that is contested will be sent to the lab for further confirmation. Any sanctions that are to be imposed by the court will be withheld until the results from the lab confirms a positive test. 1/1/09
SUPERVISION The drug court recognizes that substance addiction is a recurring disorder. Therefore, drug court maintains continuous supervision of each participant through the Case Manager by means of frequent meetings with other drug court staff, the Circuit Judge and the substance abuse therapist. The Case Manager will administer frequent urinalyses as well as periodic home and employment visits. Drug usage or failure to comply with guidelines outlined in Defendants Agreement to Participate will result in immediate sanctions. These sanctions may include verbal warnings, home confinement, community service, incarceration, increased treatment services or phase reduction. The Circuit Judge maintains full discretion in which sanctions will be imposed. 1/1/09
INTAKE & ENTRY PROCESS Offender is arrested - an offender is arrested on new charges, or is arrested on violation of probation charges. Offender is referred to drug court -an offender may be referred to drug court by the offender s attorney, law enforcement agencies or the District Attorney s office. An offender may also personally submit an application to the drug court director or any member of the drug court staff. The inmate rooster is checked daily for participants who may be eligible for the program. An application form is available at the jail for inmates to fill out and submit. Legal eligibility is determined - the drug court director will forward the names of potential participants to the District Attorney s office for an evaluation. The District Attorney will establish the criminal history of an offender through the use of prior arrest records and contact with law enforcement agencies. This criminal history will determine if an offender meets the eligibility requirements. Screening of offender - once eligibility is established, the administrative assistant will conduct a screening to gather pertinent information on an offender. This information will be presented to the drug court staff and the Judge. The entire staff must agree that an offender is eligible for the program before a recommendation will be made to the substance abuse therapist for a treatment assessment. Substance abuse assessment - the substance abuse therapist will complete an assessment on the offender to establish that there is a dependancy on a controlled substance. The therapist will use this assessment to determine which treatment services will address the offender s needs. Also, the assessment will determine that an offender is clinically suitable for the program. Offender is discussed in staff meeting - final decision regarding entry into the drug court program is made by the presiding Judge with input from the drug court staff and substance abuse therapist.
granted entrance and accepts the program conditions - the offender is notified. The defense attorney explains the program to the offender, and the offender completes the application process. denied entrance or declines the program - the offender is notified and normal court proceedings resume. Offender s court appearance - the offender will plead guilty. The sentence is explained and held in abeyance by the Judge.
1/1/09 IN THE ESCAMBIA COUNTY DRUG COURT, BREWTON, ALABAMA STATE OF ALABAMA, VS. CASE NO: DEFENDANTS AGREEMENT TO PARTICIPATE IN DRUG COURT PROGRAM I am the defendant in the above case(s). I admit that I need treatment for my drug/alcohol addiction and hereby agree to comply with all conditions of the Drug Court program of the Twenty-First Judicial Circuit and other conditions which the Court may impose. 1. I have been advised by my attorney in this case of the Court and the drug treatment program. I understand and agree that: a) I must enter a plea of guilty in the above case. b) The Judge of the Drug Court will hold my plea of guilt in abeyance and sentencing deferred in my case(s) subject to my full participation and compliance with the requirements of the Drug Court Program which includes intensive substance abuse treatment. c) My signing of this agreement does not assure or guarantee that I will be accepted into the Drug Court Program by the Judge or that concurrence by the District Attorney of Escambia County will be granted. d) The Judge of the Drug Court may at any time for any reason enter an order removing my case(s) from the Drug Court docket and place such case(s) on the regular criminal docket of the Twenty-First Circuit for sentencing. 2. I have been advised of the requirements of the program which may last twelve (12) months or more depending on my performance and agree as follows:(in-patient time will not count toward drug court time.) a) To attend, to participate and to willfully comply in all requirements and conditions of acceptance of the Drug Court and the treatment program as a condition of acceptance into the program by the court. b) To obey all laws of the State of Alabama and all ordinances of municipalities within Escambia County, Alabama. c) To comply with all directives of the Judge of the Drug Court and the staff of the court and the provider in the Drug Court program. d) To participate in random drug and alcohol use screening by urinalysis or other test selected by the Court until I have participated in the scheduled graduation ceremony. e) To remain free of drug and alcohol substances. f) To voluntarily and promptly provide all information required by the Court and the treatment provider. g) To attend and be on time for all counseling sessions scheduled for me, including individual, family, group sessions and all Drug Court Life Skills Series sessions until I have participated in the scheduled graduation ceremony. h) To attend and to be on time for all court hearings or Drug Court Program meetings set for my case until I have participated in the scheduled graduation ceremony. i) To pay $50.00 per week for the drug treatment program of each month I am enrolled therein, in addition to any and all court cost, fines and any other fees the Court may assess in my case(s). (Program fees are subject to change) j) To complete a mandatory 200 hours of community service before my completion date. k) That I may request the Court to set a schedule for payment of costs assessed in my case(s). l) That I will make all payments to the Drug Court Program on the schedule set by the Court.
m) To remain in Escambia County, Alabama and not change my residence without obtaining permission from the Court. n) To notify the Drug Court and the treatment provider immediately upon any change of my address or telephone number. o) To notify the Drug Court and the treatment provider of any medical condition that requires attendance by a physician (except for minor conditions) and to have the physician provide a statement in writing to the Court of the medical condition, the prescribed treatment and anticipated length of time of the medical service. p) To allow the case manager, other drug court staff or any law enforcement officer directed by the drug court to search my person, home, vehicle or any other property under my control. q) To comply with the requirements of curfew that may be imposed by the Court. 3. I have been advised by my attorney and understand and agree that if I fail to comply with orders of the Court or the rules of the Drug Court Program that: a) I may be ordered to be confined in jail without release. b) I may be ordered to be confined in another detention facility for any duration. c) Further restrictions, requirements and/or conditions may be entered in my case(s). d) In the event that during the course of my participation in the program I am arrested and convicted for any offense, felony or misdemeanor occurring subsequent to the execution of this agreement, that the Judge of the Drug Court may immediately sentence me in the pending case(s), and that upon such adjudication I forfeit my right to participate in the program, and if at any time I fail to follow the instructions of the Court or the treatment provider then I may be terminated from this program and sentenced. 4. In the event I have successfully completed this program, have not been arrested on other charges and have obeyed all instructions of the Drug Court and treatment provider that the District Attorney s office will file to dismiss my case(s) of which I pled into Drug Court on. I HEREBY CERTIFY, THAT I HAVE READ THE ABOVE CONDITIONS OR THEY HAVE BEEN READ TO ME AND THAT I HAVE HAD THEM FULLY EXPLAINED TO ME, AND I AGREE TO COMPLY FULLY WITH THESE CONDITIONS. I FURTHER AGREE THAT THE PROCEEDINGS OF THE CASE(S) SHALL BE CONDUCTED IN THE DRUG COURT AND WAIVE ANY OBJECTION I MIGHT HAVE THAT THIS CASE WAS NOT RANDOMLY ASSIGNED TO A NON-DRUG COURT CRIMINAL DIVISION. Date Defendant s Signature AS THE ATTORNEY FOR THE ABOVE DEFENDANT, I HEREBY CONFIRM THAT I HAVE FULLY EXPLAINED THE REQUIREMENTS OF THE DRUG COURT PROGRAM TO THE DEFENDANT AND THAT THE DEFENDANT SIGNED THE ABOVE AGREEMENT IN MY PRESENCE ON THIS DATE. Date Attorney for Defendant AS THE DISTRICT ATTORNEY FOR THE ESCAMBIA COUNTY DRUG COURT, I RECOMMEND THAT THE ABOVE DEFENDANT BE ACCEPTED INTO THE DRUG COURT PROGRAM CONTINGENT UPON FULL COMPLIANCE WITH ALL REQUIREMENTS OF THE DRUG COURT.
Date Assistant for the Drug Court District Attorney/ 1/20/11 CONSENT FORM/ DRUG COURT ESCAMBIA COUNTY I agree to submit to random drug test when requested to do so by any representative of the Escambia County, Alabama Adult Drug Court Program. If I refuse to provide a specimen or undergo a sobriety test, I will be treated in the same manner as if I had tested positive. Furthermore, I will not be allowed to attend the program for that day, and it will be counted as a miss. At this time my case will be subject to clinical review to determine further action. ********************************* Spirituality Group is provided to all clients who participate in any level of treatment programming delivered at the facility. The goal is to introduce clients to the concepts of recovery dealing with the spiritual issues as they relate to the traditional 12-step recovery philosophy specific to life choices, attitudes, ethics and values. It is not the intent of the program to foster any particular religious affiliation or to require any individual to participate in any spiritual programming, which is contrary to their personal belief system. In the event that a client objects to participating in the spirituality groups, he/she must speak with the program director and, if appropriate, alternative programming following approval from the program director. My signature represents my consent to participate in the spirituality programming at Southwest Alabama Mental Health. Client Signature Witness Signature of District Attorney Date Date Date Signature of Attorney for Defendant Date
1/1/09 ESCAMBIA COUNTY, ALABAMA ADULT DRUG COURT CONSENT FOR THE RELEASE OF CONFIDENTIAL INFORMATION FOR THE CRIMINAL JUSTICE SYSTEM AND RELATED AGENCIES I,, hereby consent to communication between the (* see Name of Defendant additions below) Escambia County, Alabama Drug Court Program, The Drug Court Judge, The Escambia County District Attorney s Office, Department of Probation and Parole, Escambia County Department of Human Resources, Southwest Alabama Mental Health, Escambia County Community Services, Social Services, Educational providers of GED, the following information: attendance and participation in the Drug Court Treatment Program. The nature and need for the disclosure is to inform the criminal justice agency(ies) listed above of the attendance and progress in treatment. The extent of information to be disclosed is information about my attendance or lack of attendance at treatment sessions, drug testing results, my cooperation with the treatment program, completion of the program, and assessment information required for local, state and national research. I understand that this information will be discussed in open court*. (ADDITIONS: ) I understand that this consent will remain in effect and cannot be revoked by me until: There has been a formal and effective termination or revocation of my release from confinement, probation, parole or other proceeding under which I was mandated into treatment. I also understand that any disclosure made is bound by Part 2 of Title 42 of the Code of Federal Regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records and that recipients of this information may re-disclose it only in connection with their official duties. Client Signature Date Attorney Signature Date
1/1/09 IN THE CIRCUIT COURT IN AND FOR ESCAMBIA COUNTY, ALABAMA DRUG COURT PROGRAM STATE OF ALABAMA VS. CASE NO. PRE-SIGNED WAIVER OF EXTRADITION I,, hereby acknowledge that if I subsequently leave the State of Alabama and the State of Alabama has requested that I be returned to the State of Alabama for violation of probation or community control, I hereby do waive the issuance and service of an Alabama Governor s Rendition ( Extradition) warrant and all other procedures incidental to extradition proceedings, and any jurisdiction where I may be found can surrender me to the duly authorized Alabama agent, whose custody I will be in, and who will then transport me to Alabama to await disposition of the alleged violation of my probation or community control. Probation/Respondent Social Security # WITNESSED at Brewton, Escambia County, Alabama this 200. day of Signature of Witness
1/1/09 IN THE CIRCUIT COURT IN AND FOR ESCAMBIA COUNTY, ALABAMA DRUG COURT PROGRAM STATE OF ALABAMA, VS., CASE NO: WAIVER OF RIGHT TO ASSERT SPECIFIED GROUNDS AS BASIS FOR RECUSAL COMES NOW the defendant by and through undersigned counsel and acknowledges that as consideration for acceptance and/or continued participation in the Escambia County Drug Court the: 1. The above case will be assigned to Division II in front of the Honorable Bradley Byrne, Circuit Court Judge. 3. That should defendant fail to successfully complete the Escambia County Drug Court Program and be ejected from said program that the above styled case may be assigned to Division II before the Honorable Bradley Byrne, Circuit Court Judge. If defendant s failure to comply with the requirements of the Escambia County Drug Court Program leads to such assignment defendant hereby waives his/her right to assert as a basis for recusal the sitting Circuit Court Judge on the basis of: 1. The judge s personal involvement with the defendant during the course of his/ her treatment in the Escambia County Drug Court Program. 2. The Judge s knowledge, both personal and otherwise, of the defendant s compliance or non-compliance with the requirements of the Escambia County Drug Court Program. 3. The Judge s decision to eject the defendant from the Escambia County Drug Court Program on the basis of his/her failure to comply with such requirements. Defendants hereby freely, voluntarily and knowingly waives the right to assert the foregoing as grounds for a motion to recuse and acknowledges that he does so after having consulted with counsel. Dated this day of, 200, in open court, Brewton, Alabama. Counsel for Defendant Defendant
1/1/09 DRUG COURT MEDICAL RELEASE To whom it may concern: You are hereby authorized to furnish and release to the Drug Court Director, Denise Carlee, or any Drug Court representative thereof, any and all information which may be requested regarding mental, physical, dental or other condition, history and treatment, and to furnish them, or any person designated by them, with any medications prescribed and/or records which you have regarding my condition or treatment. The foregoing authorization shall continue in force until revoked by me in writing and shall apply to information generated after my execution of this authorization. A photostatic copy of this authorization shall serve in its stead. Signature of Drug Court participant Signature of Witness/ Drug Court Representative NOTARIZE ONLY IF SIGNED WITHOUT A DRUG COURT WITNESS PRESENT. State of Alabama Escambia County Subscribed and sworn to before me, a Notary Public in and for said county and said state this day of, 200. Notary Public Commission expires: Return requested information to: Denise Carlee P.O. Box 1211 Brewton, Alabama 36427 Telephone: (251) 867-0272
/1/09 HOME PLAN FOR DRUG COURT Date / / APPLICANT S NAME PROPOSED ADDRESS CITY, STATE TELEPHONE NUMBER HOMEOWNER NAME (if different from applicant) The above named applicant is welcome to live at this address. (for spouse/parent) [ ] yes [ ] no I will notify the Court of any changes in the applicants habits or attitudes. (for spouse/parent) [ ] no [ ] yes I will permit access in this home, for the purpose of inspection, by the Case Manager. [] yes [] no In the past, have you experienced discipline problems with the applicant? (for spouse/parent) I will support the applicant and the Court in the treatment of the applicant s addiction. (for spouse/parent) [ ] no [ ] yes [ ] yes [ ] no Will transportation to court and treatment be
an issue? [ ] no [ ] yes I understand that it is a requirement of the Court for the applicant to obtain employment, unless legally disabled. [ ] yes [ ] no Thank you for answering the above questions and helping The Drug Court establish facts concerning the applicant. If you answered all of the above true and correct, please sign in the space provided. Signature Relationship to Applicant /09 ESCAMBIA COUNTY ALABAMA DRUG COURT RULES OF PARTICIPATION You have been granted the opportunity to participate in the Drug Court of Escambia County. There are certain terms and conditions that will be required by the Drug Court. The following rules apply to all participants. However, there may be special conditions that are contained in your entry orders. 1. You are not to violate any Federal, State or Local laws. 2. You are to avoid any habits or behavior that would be injurious to your recovery. 3. You are to avoid persons and places of questionable or harmful character. You may not be an informer or operative for any law enforcement agency, unless otherwise approved by the court. 4. You are to permit The Case Manager to visit you at home or elsewhere at any given time. 5. You are to gain employment and work faithfully at a lawful occupation. 6. You must have the permission of The Case Manager to travel outside of your local county. This permission is not needed if the reason for travel is employment. 7. You are to support your dependents to the best of your ability. 8. You may not change your home address or employment without the consent of The Case Manager. You must provide a valid address that is clearly marked. 9. You shall not possess or have under your control a firearm or ammunition, or any other deadly weapon, as defined by Alabama law. Any possession of a firearm after a felony conviction is a violation of Federal Law. 10. You shall submit to tests, including but not limited to urinalysis, breathalyzer or blood samples as directed by the Case Manager or the Treatment provider. 11. You shall attend ALL treatment and Life Skills Series sessions at your expense as established by order.
12. Your person, home, vehicle or any other property under your control shall be subject to search without warrant by the Case Manager or anyone he deems necessary. 13. You must adhere to the curfew assigned to each Phase. 14. You must remain current in your court ordered treatment fees and you must be actively paying restitution. 15. You will dress appropriately for court. No head coverings, shorts, tank tops or halters, baggy pants or sunglasses (unless prescribed) and shirts will be tucked in. 16. You will address the Court properly. (Your Honor, Judge, yes sir, no sir.) 17. No cell phones or beepers are allowed in the courtroom or treatment sessions. 18. You will complete a mandatory 200 hours of community service before my completion date. Any violation of the above rules will constitute a technical violation and you will be subject to sanctions by the Judge at his discretion. Copies of these rules have been provided to the Drug Court participant who has been instructed regarding the same on the of 20. Case Manager The above instructions and conditions have been read and explained. I have received a copy and I agree to abide by them. Drug Court Participant 1/1/09 ( VOP) IN THE ESCAMBIA COUNTY DRUG COURT, BREWTON, ALABAMA STATE OF ALABAMA, VS. CASE NO: DEFENDANTS AGREEMENT TO PARTICIPATE IN DRUG COURT PROGRAM I am the defendant in the above case(s). I admit that I need treatment for my drug/alcohol addiction and hereby agree to comply with all conditions of the Drug Court program of the Twenty-First Judicial Circuit and other conditions which the Court may impose. I understand that I have violated my probation and as a condition of same the court has placed me into Drug Court. 19. I have been advised by the drug court representative and/or my attorney in this case of the Court and the drug treatment program. I understand and agree that: a) The Judge of the Drug Court may at any time for any reason enter an order removing my case(s) from the Drug Court docket and handle my revocation in some other manner. 20. I have been advised of the requirements of the program which may last twelve (12) months or more depending on my performance and agree as follows:(in-patient time will not count toward Drug Court time.) a) To attend, to participate and to willfully comply in all requirements and conditions of acceptance of the Drug Court and the treatment program as a condition of acceptance into the program by the court.
b) To obey all laws of the State of Alabama and all ordinances of municipalities within Escambia County, Alabama. c) To comply with all directives of the Judge of the Drug Court and the staff of the court and the provider in the Drug Court program. d) To participate in random drug and alcohol use screening by urinalysis or other test selected by the Court. e) To remain free of drug and alcohol substances. f) To voluntarily and promptly provide all information required by the Court and the treatment provider. g) To attend and be on time for all counseling sessions scheduled for me, including individual, family, group and all Life Skills Series sessions until I have participated in the scheduled graduation ceremony h) To attend and to be on time for all court hearings or Drug Court Program meetings set for my case. i) To pay $50.00 per week for the drug treatment program of each week I am enrolled therein, in addition to any and all court cost, fines and any other fees the Court may assess in my case(s). (Program fees are subject to change) j) To complete a mandatory 200 hours of community service before my completion date. k) That I may request the Court to set a schedule for payment of costs assessed in my case(s). l) That I will make all payments to the Drug Court Program on the schedule set by the Court. m) To remain in Escambia County, Alabama and not change my residence without obtaining permission from the Court. n) To notify the Drug Court and the treatment provider immediately upon any change of my address or telephone number. o) To notify the Drug Court and the treatment provider of any medical condition that requires attendance by a physician (except for minor conditions) and to have the physician provide a statement in writing to the Court of the medical condition, the prescribed treatment and anticipated length of time of the medical service. 1/1/09 p) To allow the case manager, other drug court staff or any law enforcement officer directed by the drug court to search my person, home, vehicle or any other property under my control. q) To comply with the requirements of curfew that may be imposed by the Court. 21. I have been advised by the drug court representative and/or my attorney and understand and agree that if I fail to comply with orders of the Court or the rules of the Drug Court Program that: a) I may be ordered to be confined in jail without release. b) I may be ordered to be confined in another detention facility for any duration. c) Further restrictions, requirements and/or conditions may be entered in my case(s). d) In the event that during the course of my participation in the program I am arrested and convicted for any offense, felony or misdemeanor occurring subsequent to the execution of this agreement, that the Judge of the Drug Court may immediately sentence me in the pending case(s), and that upon such adjudication I forfeit my right to participate in the program, and if at any time I fail to follow the instructions of the Court or the treatment provider then I may be terminated from this program and sentenced. I HEREBY CERTIFY THAT I HAVE READ THE ABOVE CONDITIONS OR THEY HAVE BEEN READ TO ME AND THAT I HAVE HAD THEM FULLY EXPLAINED TO ME, AND I AGREE TO COMPLY FULLY WITH THESE CONDITIONS. I FURTHER AGREE THAT THE PROCEEDINGS OF THE CASE(S) SHALL BE CONDUCTED IN THE DRUG COURT AND
WAIVE ANY OBJECTION I MIGHT HAVE THAT THIS CASE WAS NOT RANDOMLY ASSIGNED TO A NON-DRUG COURT CRIMINAL DIVISION. Defendant s Signature Date I HEREBY CONFIRM THAT I HAVE FULLY EXPLAINED THE REQUIREMENTS OF THE DRUG COURT PROGRAM TO THE DEFENDANT AND THAT THE DEFENDANT SIGNED THE ABOVE AGREEMENT IN MY PRESENCE ON THIS DATE. Date Court Representative Attorney / Drug AS THE DISTRICT ATTORNEY FOR THE ESCAMBIA COUNTY DRUG COURT, I RECOMMEND THAT THE ABOVE DEFENDANT BE ACCEPTED INTO THE DRUG COURT PROGRAM CONTINGENT UPON FULL COMPLIANCE WITH ALL REQUIREMENTS OF THE DRUG COURT. Date Assistant for the Drug Court District Attorney/ 1/20/11 DRUG COURT REFERRAL EVALUATION DEFENDANT: DATE REFERRED: REFERRAL MADE BY: LIST ALL CURRENT CHARGES: D.O.B: S.S.NO: RACE: OUTSTANDING WARRANTS: FOLLOWING TO BE COMPLETED BY THE PROSECUTOR
DATE REFERRAL RECEIVED: AOC BACKGROUND CHECK COMPLETED: Prior violent felonies: (yes) If yes, please list: (no) Date Initials VICTIM CONTACTED: (yes) LAW ENFORCEMENT CONTACTED: (yes) (no) (no) SUGGESTIONS OR COMMENTS NCIC CHECK COMPLETED: Initials Date Prior Felonies: DISTRICT ATTORNEY: DISTRICT ATTORNEY: REFERRAL GRANTED REFERRAL DENIED If granted, proceed with Mental Health evaluation. If denied, reasons for denial: Signature of District Attorney Date 1/1/09
ESCAMBIA COUNTY ALABAMA, DRUG COURT SCREENING Personal Information: Name (Last ) (First) (Middle) Date of Birth SSN Sex F M Race Height Weight Eyes Hair Address City State Phone Residence Parents Spouse Partner Relatives Alone Friends How long at this residence? Driver License Valid Suspended Revoked Expired Never issued Registered to vote Yes No Are you on any type of government assistance? SSI TANF Food Stamps Other Family History: Single Single w/partner Married Separated Divorced Widowed Are you pregnant? Yes No N/A Children: Name Do you have custody? Age Do you pay child support? Yes No Father: Deceased Yes No Mother Deceased Yes No Does anyone in your home use drugs or alcohol? Yes No If yes, relation: Addiction: alcohol street drugs Pres. drugs Has anyone in your home ever been treated for a substance abuse problem? Yes No If yes: who Has anyone in your home been incarcerated for more than 30 days? Yes If yes, relation:
Education History: Last grade completed 6 or below 7 8 9 10 11 High School Diploma GED Some college College graduate Masters Doctorate Military information: Veteran Yes No Active Yes No Branch of Service Years served Type of Discharge Employment information: Income per year $0-5,000 $5,001-10,000 $10,001-15,000 $15,001-20,000 $20,001-25,000 $25,001-30,000 $30,001+ Were you employed at the time of your last arrest? Yes No Are you employed now? Yes No If yes, Employer name Type of work Full Time Part Time Unemployed/Looking for Work Homemaker Student Retired Disabled If not employed: How long unemployed? yrs months. Separation reason: Do you receive unemployment? Yes No Are you the primary care giver? Yes No Do you have transportation? Yes No Medical Information: Family Doctor Date of Last Doctor/Hospital Visit: Current Medical Problems: please circle all that apply. Hearing disorder Mental Disability Eating disorder High blood pressure Low blood pressure Heart condition Asthma Diabetes Dental Cancer Kidney/Bladder infection Arthritis Back injury Seizures Physical disability Vision Disorder Other Currently taking medications? Yes No If yes, Please explain: Have you ever overdosed on any substance? Yes No Have you ever had suicidal thoughts? Yes No
Have you ever had a mental health evaluation? Yes No If yes, what was the outcome: Have you ever been treated for mental health issues? Yes No Case Details: Are you currently on probation with this state or any other state? Yes No Have you ever been arrested for a crime involving the use of a firearm or other deadly weapon? Yes No Are you currently represented by an Attorney? Yes No If yes, Please list: Is Attorney : appointed retained Current Charge(s): Restitution Owed: $ I understand that all monies owed on restitution must be paid before I will be allowed to graduate. ( Defendant signature) Do you have any pending legal charges in this or any other jurisdiction? Yes No If applicable, list the number of times you have been charged with any of the following: Disorderly Conduct Public Intoxication DUI Dom. Violence Robbery Mfg. Assault and Battery Possession Distribution Prostitution Theft of Prop. Poss. Forged Inst. Burglary Other, specify What time of day did this arrest occur? 6am-Noon Noon-6pm 6pm-Midnight Midnight- 6 am Can t remember What day of the week did the arrest happen? What led to your arrest? Substance Abuse Information: Drug Type Age at first use How often used Date of last use Powder Cocaine Crack Cocaine LSD Marijuana Amphet. Alcohol Opiates Oxycontin BZO
Methadone What is your drug of choice? Treatment History: Have you ever received treatment before for alcohol/drug abuse: Yes No If yes where and when: At this time do you feel you have a drinking or drug problem? Yes No Do you feel you need help or treatment? Yes No I hereby consent to communication between the Escambia County, Alabama Drug Court staff and the following named individuals: The extent of information to be disclosed is information about my attendance or lack of attendance at treatment sessions, drug testing results, my cooperation with the treatment program and completion of the program. I understand that this information will be discussed in open court. Signature of Client Signature of Reviewer Date Date
IN THE CIRCUIT COURT/DRUG COURT OF ESCAMBIA COUNTY, ALABAMA STATE OF ALABAMA, VS. CASE NO.: The Defendant has pleaded guilty in this matter and has been admitted into the Escambia County Drug Court treatment program. As part of the agreement with the State, the Defendant has agreed that a specific condition of his/her successful completion of the Drug Court program is that he/she must pay in full, before being considered for graduation, restitution as follows: 1. $ Victim Address City State Zip 2. $ Victim Address City State Zip 3. $ Victim Address City State Zip It is Ordered that, as a condition of the Defendant s admission to and continued participation in the Escambia County Drug Court treatment program the Defendant must pay weekly towards the restitution total. If the restitution is not paid in full the Defendant cannot graduate and could face sentencing. Date Bradley E. Byrne