1. PRETRIAL SUBSTANCE ABUSE PROGRAM (PSAP)

2. Increasing Trends in Number of Corrections-Based Substance Abuse Treatment Slots

8. SENATE BILL 10 ENACTED INTO LAW IN 2009 AFTER 3 PRIOR ATTEMPTS
SENATE BILL 10 ENACTED INTO LAW IN 2009 AFTER 3 PRIOR ATTEMPTS. DESIGNED AS A DIVERSION PROGRAM FOR THOSE CHARGED WITH A CLASS D FELONY OFFENSE.

9. ORIGINAL BILL WRITTEN TO INCLUDE: A SECURE FACILITY WITH SECURITY STANDARDS COMPARABLE TO THOSE FOUND IN A MINIMUM SECURITY CORRECTIONAL INSTITUTION. KDOC WOULD HAVE REGULATORY AUTHORITY REGARDING CAPACITY.

10. Determined that SAP programs in jail or detention center facilities would be utilized as secure facilities.

11. CURRENT DATA The first PSAP client was enrolled in February 2010
CURRENT DATA The first PSAP client was enrolled in February Since 2010, 745 clients assessed for PSAP. There are currently 4 clients pending (assessed awaiting court decision). Current enrollment: 44 clients. 357 successfully graduated since terminated, voluntarily withdrew or denied PSAP by courts and/or DOC.

12. PROCESS

13. Initial Pre-trial officer notifies you of a potential candidate.
Ask who should be contacted after the assessment and if there should be a letter sent to the Judge. If a letter is needed, get the Judge’s name, Case #, Candidate’s Legal Name and address/ fax numbers.
Find out what jail and contact the Class D Coordinator. If it is outside of your county, arrange a phone interview with the candidate.
Ask basic questions concerning; past/last substance use history, willing to participate in a MINIMUM 6 month program inside a jail, are there physical limitations that would prevent full participation (problems sitting up, staying awake during program hours, anything contagious)
Make a decision if they are appropriate and notify the court representatives.
You will become the main point of contact for this candidate and the sending county.

14. Intake
If you do not have an opening and will not have an opening within one or two weeks, notify the closest Jail SAP to check their openings. Our goal is to get the PSAP candidate in as soon as possible.
If you are not able to take the candidate, notify the referral source which Jail SAP will be providing services.
Make sure the sending court knows to Write PSAP/SB4 in their Court Order as well as a Transportation Order so the candidate can be moved when there is an opening in the program.

15. Upon Arrival Notify Jeannie and Veronica by email, they are there.
Court Name, Case Number, Judge’s Name, Sending Court County, Date of Birth, RACE, Social Security Number, and Start Date.

16. Discharge
If they are being discharged for violations, notify the sending Judge immediately so they can be returned to their sending county.
If they are on track to graduate, notify the sending Judge a couple of weeks in advance so they can prepare their docket accordingly.
After completion Jeannie and Veronica so they can be removed from KOMS .
Send in a discharge letter to the sending Judge. Include a copy of the completion certificate if they are successful.

17. PSAP Quick Answers
What is the Pretrial Substance Abuse Program, also known as PSAP?
The PSAP program is a program offered by the Kentucky Department of Corrections that enables defendants, who may not otherwise have a chance at drug rehabilitation, a chance to drug treatment in jail. The program will last 6 months from date of admission.
If it is a DOC program, why is Pretrial Involved?
Pretrial is involved because we are the people that see these individuals first. We are the ones who apply our risk assessment and ask the CAGE questions to see what types of treatment and help can be provided to defendants who are arrested. Pretrial plays an important role in the PSAP program because we are the ones that alert the attorney and the court of a defendant’s eligibility for the program.

18. PSAP Quick Answers Who is eligible for PSAP?
At this time the defendants who are eligible for PSAP must meet the following criteria:
Be charged with a Class C or D felony under KRS 218A OR
Show a history of drug or alcohol abuse as defined by our risk assessment, while still being charged with any Class C or D felony (not just those falling under KRS 218A)
Answer Yes to one or more of the CAGE questions asked during the pretrial interview, while still being charged with any Class C or D felony (not just those falling under KRS 218A)
I thought they had to answer “Yes” to the question about in-house treatment?
The defendant no longer has to answer yes to this question. Many defendants will not answer yes to this question at the initial pretrial interview, but some do. Many defendants may change their mind about the program after speaking with the SAP coordinator or their attorney. Remember denial of a problem is part of addiction.

19. PSAP Quick Answers
I have too much to do already, how am I going to screen for defendants who are eligible for PSAP?
Figuring out who is eligible for PSAP is quite easy if you use PRIM. To find people who may be eligible for PSAP that are in custody simply check “YES” beside SB4. This area can be found under the CASE tab in prim. Now this search will bring up everyone that is eligible for SB4 conditions, including PSAP.
Okay so I have someone who fits the criteria and I believe could benefit from the program, what next?
If you have a defendant who fits the criteria and you believe in-jail treatment could benefit that person you notify that defendant’s attorney and the court. The judge has to sign off on the assessment to be done.

20. PSAP Quick Answers
How do I notify the attorney if the defendant doesn’t have one yet?
Well you will have to wait until the attorney has been appointed or entered an appearance before you know who to tell about the defendant’s eligibility in the program; however, you do not have to know the attorney to just have the judge agree to the assessment.
There are a couple of ways you can notify the attorney. The first way is by talking to the attorney and the second would be to them if they have an that they regularly check.
Who do I notify in order to have the assessment done? I don’t have a SAP program in my Jail?
Easy!! The people that need to be notified that the assessment needs to be done are
Jeannie Waldridge and Veronica Hunt with DOC.
Addresses:

21. PSAP Quick Answers
What do I need to send to Jeannie and Veronica?
You will need to send an stating who has been approved for the assessment. This is all you will need. They will take care of getting the assessment set up.
After the assessment is done, do I have to do anything else?
Yes. DOC will contact the Program Supervisor to alert them of the defendant’s eligibility for the program. At that time the pretrial officer will alert the Defendant’s attorney of the eligibility. It is very important that in your to Jeannie and Veronica to include any information about who they may need to contact with this information if the program supervisor is going to be out of the office. When we have this information we relay it to the attorney of record for the defendant.

22. PSAP Quick Answers
Does the defendant get any kind of promise as to what will happen to their case if they successfully complete the program?
No. The court does not have to promise any type of incentive for the defendant to successfully complete the program. That doesn’t mean that an incentive can’t be offered, but nowhere in the statute does it say that if a defendant completes the program they automatically get a better deal such as diversion, case dismissal, or lightened sentence.
Can Circuit Court defendants be offered PSAP?
Absolutely; however, there are those that may not be eligible for the Program if it is part of a diversion agreement. This will be something that will be ironed out between the prosecutors and the defense attorney. Pretrial officers will not have to decide whether or not someone will be eligible for the program if Felony Diversion is part of the plea.

23. PSAP Quick Answers How does it work in District Court?
Well it can work various ways in district court. One way is that the court agrees to put the case “on the shelf” for the 6 month time period for completion of the program. After the 6 month period, if the defendant successfully completes, the court decides what to do. Remember, even if the defendant is successful, it doesn’t mean they get anything in return. Another way this program can work is that the case goes on like it would any other time. Meaning they have a preliminary hearing and the case gets bound over to the grand jury; however, for this to work the attorney and the defendant would have to agree to waive the 60-day rule.

24. PSAP Quick Answers
Okay. Now I have someone who has been approved by the court to enter the program. What next?
At this time there are three things that need to be in the file at the jail and in the clerk’s office for the defendant to be able to enter the program.
An order from the judge stating that the defendant can enter PSAP.
A transportation order allowing the jail, or jail representative, to transport the defendant to the nearest SAP location with an open bed. This will be determined by DOC.
A transportation order allowing the jail, or the jail representative, to transport the defendant back to their charge county’s jail in the event of successful completion or early termination from the program.
Without these items, it can delay the process of the defendant being able to successfully complete.

25. PSAP Quick Answers
My Judge wants to know how much this is going to cost our county?
Nothing. DOC pays for the bed. For example if Breathitt County has a person who is going into the program and they have to go to Floyd County because that is the closest facility with an open bed, Breathitt County nor Floyd County would have to pay for the daily upkeep of the defendant.
Special Note about Transportation- Transportation of the defendant will be done by the originating jail. For instance if the defendant is in Powell County and will be going to a SAP program in Clark County, Powell County would be responsible for the transportation of the defendant.
Does this Process Work?
Well, yes it does work. Here in Powell County we have used this process with 2 District Court Defendants and it has worked quite well. If you find that something in this process does not work for your local jurisdiction please let Program Supervisor Melana Gross know. She will be able to work with DOC to see what can be done to make the process work better. But as it stands the current process does work. Communication is the KEY to it working.