1. West Virginia’s Drug Courts: An Overview Division of Probation Services, 2012 1

2. Drug Courts Defined  Best understood as a diversion into a judicially managed treatment program with intensive supervision of participants by Probation, Treatment and Law Enforcement professionals.  Both Juvenile and Adult Programs are available in various West Virginia Courts.  Both the Juvenile and Adult Programs are administrated by the West Virginia Division of Probation Services. 2

3. Statutory Framework  Adult Drug Court Statute:  West Virginia Drug Offender Accountability & Treatment Act, W. Va. Code §62-15-1, et seq.  Juvenile Drug Court Statute:  W. Va. Code, §49-5-2b 3

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6. Key Features of Adult Drug Courts  Adult Drug Courts are intended to address addiction, and thus seek as participants offenders who are both high risk (of future offenses) and high need (severity of substance problem).  Governed by the 10 Key Components.  Key Team members are the ADC Judge, the Prosecutor, the ADC Probation Officer and Treatment professionals.  As of June 30, 2012, there are 340 active ADC Participants among 15 operating circuit court programs.  4 additional ADC programs are in the planning stage and will begin operations within the current fiscal year. 6

7. Key Features of Juvenile Drug Courts  Juvenile Drug Courts, in addition to the obvious difference of being directed at a younger target offender, also are an attempt at early intervention and therefore are directed at participants with a substance abuse problem, rather than an addiction.  JDC’s are governed by the 16 Strategies.  Key team members are the JDC Judge, the JDC Probation Officer and Treatment professionals. The Prosecutor remains a member of the team, but does not have as authoritative a role in JDC.  As of June 30, 2012, there are103 active JDC clients among 11 operating programs.  As of July, 2012, there are12 operating programs, with 3 in the planning stage that will open in the next 60-90 days. 7

8. Adult Drug Court Outcomes  Lower costs: Compared to traditional criminal justice system, Adult Drug Court processing, treatment and other investment costs averaged $1,392.00 lower per drug court participant nationally. Also on a national basis, reduced recidivism and other long-term program outcomes resulted in public savings of $6,744 on average per participant (or $12,218 if victimization costs are included).  Lower recidivism : Data are still being collected, but one 2002 study in Florida found that within a two-year follow-up period, the felony re-arrest rate decreased from 40 percent before the drug court to 12 percent after the drug court started in one county, and the felony re-arrest rate decreased from 50 percent to 35 percent in another county. (The West Virginia ADC program has not yet provided sufficient data to evaluate).  The best available data show that drug courts do a better job for less money. 8

9. Juvenile Drug Court Outcomes  “Lower rates of substance use and delinquency for the JDC participants as compared to the family court” and “JDC participants not only recidivated at a substantially lower rate, but they also served significantly less time in secure juvenile detention and residential facilities” Painting the Current Picture: A National Report Card on Drug Courts, NDCI – July 2011  93.1% of West Virginia JDC graduates did NOT reoffend in the juvenile system  JDC community-based intensive supervision and outpatient treatment is approximately an 8-month program and costs an average of $6,403 per graduating youth  The alternative treatment for juveniles with substance abuse issues is a 6-month minimum in-patient treatment program which can cost between $44,100 to $99,000 per youth. 9

10. Evidence-Based Practices: Substance Abuse & Addiction Treatment In the context of providing treatment to participants for their substance abuse & addiction issues, the West Virginia Drug Courts use a treatment model that strives to incorporate evidence –based treatments such as  Moral Reconation Therapy,  MATRIX Model, and  Multi-Systemic Therapy 10

11. Challenges to Drug Courts  Treatment Providers & Resources  Drug Testing (Especially Synthetics)  Regulatory Compliance (Especially Confidentiality)  Funding  Logistic barriers to providing access to rural populations  Maintaining program integrity & training  Education of community, especially criminal justice and treatment professionals  Aftercare services 11

12.  WEST VIRGINIA CODE §62-15-10  West Virginia Code, § 49-5-17  42 CFR Part 2  HIPAA - Health Insurance Portability and Accountability Act of 1996 Drug Court Confidentiality: Legal Framework 12

13.  The most significant legal authority governing confidentiality in drug courts is set forth in the Federal Regulations at 42 CFR Part 2  These regulations were adopted to protect the confidentiality of Alcohol and Substance Abuse Treatment records  Covered information acquired by affected programs is confidential, subject to exceptions set forth in the statute and accompanying regulations  Treatment information is defined as all records and information relating to “the identity, diagnosis, prognosis, or treatment of any patient” in a substance abuse program 42 CFR Part 2 13

14.  While information defined as confidential by these regulations may be communicated as needed within the Drug Courts, disclosure outside the Drug Courts may only occur in the following situations:  With the voluntary and informed written consent of the participant  In response to a valid Court Order  To medical personnel to the extent necessary to meet a bona fide medical emergency  Also, information that does not disclose a participant’s identity may be shared with qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation  Additionally, disclosures may be made without consent in the course of a medical emergency, in order to report crimes on the premises or crimes against the Drug Court staff.  Disclosures must be made when necessary to comply with state child or elder abuse laws, state laws relating to cause of death, and when necessary to meet a duty to protect others (i.e., to warn of imminent, serious harm). Permissible Disclosures Under 42 CFR Part 2 14

15.  Confidential information is information that sets forth:  The identity of a patient in a substance abuse program  The diagnosis of a patient in a substance abuse program  The prognosis of a patient in a substance abuse program  The treatment of a patient in a substance abuse program  Examples would include any information or records:  Identifying someone as a Drug Court participant  Setting forth drug testing results  Providing notes or records from therapy  Noting sanctionable activities Identifying confidential information & Documents 15

16. Contact Information  Mike Lacy Director Division of Probation Services Phone: 304-558-0145 E-Mail: Mike.Lacy@courtswv.gov  Lora Maynard Deputy Director for Drug Courts Division of Probation Services Phone: 304-558-0145 E-Mail: Lora.Maynard@courtswv.gov  Rob McKinney Counsel Division of Probation Services Phone: 304-558-6844 E-Mail: Robert.McKinney@courtswv.gov 16