Ed Monahan Public Advocate

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2. SB 4. DiversionPretrial releaseTreatment. 3. Noteworthy prefatory proclamation. 80% of persons included in wrongdoing are addicted$40 million new subsidizes connected to medication misuse treatmentGoal:

Presentation Transcript

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´╗┐Substance Abuse: Senate Bill 4 (2009) Treatment choices extended Ed Monahan Public Advocate Ernie Lewis KY Association of Criminal Defense Lawyers June 2009

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SB 4 Diversion Pretrial discharge Treatment

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Remarkable prefatory explanation 80% of people required in wrongdoing are dependent $40 million new subsidizes connected to medication manhandle treatment Goal: "[a]ggressive and viable reaction to the risk to pubic wellbeing and wellbeing made by people with extreme substance mishandle addictions."

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SB 4 is intentional Entry into the DOC concentrated secure substance manhandle recuperation program is willful Defendant can leave the program whenever Hearing held if litigant needs to leave or needs shorter treatment Pretrial discharge screening is deliberate Note: this is not for the pure customer

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SB 4 is about preoccupation Amends KRS 533.250 - .260 Prosecutor still has control over who gets in under KRS 533.250 and Flynt v. Com, 105 S.W.3d 415 (KY 2003) Begins with screening assessment by PTRO "Condition point of reference" for redirection: treatment where individual has a background marked by substance mishandle Options for the Court Commitment to DOC program Secular or religious Intensive outpatient Residential program

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Compliance must be exhibited Compliance with treatment program required to get preoccupation Demonstrated by: execution on pretrial discharge tranquilize checking treatment execution Compliance can be postponed by the court by an appearing of "urgent conditions" adequate to legitimize preoccupation

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Class C lawful offense accusations might be occupied

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Department of Corrections program Court carries out to the DOC program "Escalated secured substance manhandle recuperation program" 90 - 365 day program - length is controlled by the program At slightest 200 people in a base security office

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SB 4 is likewise about pretrial discharge PTRO screens "for later and pertinent substance manhandle hazard variables" when somebody is accused of a KRS 218A offense or when individual is accused of a lawful offense "whose criminal record shows a past filled with later and significant substance mishandle." Refusal to be screened does not exclude thought for pretrial discharge

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Pretrial discharge Where screening illustrates "later and important substance mishandle chance components," court may concede pretrial discharge with Conditions: Drug and liquor testing Additional evaluation Treatment or recuperation program Appearance at a future hearing

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Treatment is the quintessence of SB 4 Intent is to build treatment accessible for Kentucky's medication issue DOC treatment is to "serve the perpetrated individual's substance mishandle condition, and to furnish the individual with the abilities and preparing expected to keep the individual from taking part in substance mishandle upon discharge from the program." DOC program requires an aftercare arrange

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Calculation of Time spent in DOC office include as time care ONLY if individual finishes treatment Court has attentiveness whether to number time on different projects If individual drops out or is kicked out, Court has caution whether to tally time or not

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Due process Counsel is included Hearings are required to: acquire pretrial discharge enter DOC program leave DOC program willfully abbreviate time in DOC program deny program duty

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Assess worth of arraignment's case early Assess customer's habit Advise on whether to take part in pretrial discharge screening Prepare customer for screening Advocate for pretrial discharge where suitable Assess whether preoccupation is the objective Assess whether concealment issues exist Involve resistance social specialist Guide through the treatment procedure

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Miscellaneous Suppression issues? Contingent request? Liquor habit? Moral problem: treatment before disclosure is finished?

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Client's choice Defense social laborers will be key to the accomplishment of this procedure since a few litigants will be hesitant to pick this choice

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DPA Social Work Pilot Project The DPA Social Worker Pilot was supported by the 2006 Kentucky General Assembly to test whether a Social Worker in a Public Defender's office could: Divert people with huge social and financial obstructions to administrations and treatment so they can effectively move into their groups and get to be distinctly beneficial nationals; Provide judges with important alleviating data about a respondent's wellbeing, psychological well-being, and social history, and in addition suitable contrasting options to imprisonment; Save detainment costs by redirecting people with habit and emotional sickness to group based treatment; and Reduce recidivism rates.

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Prepare elective sentencing plans; Complete social histories on customers; Assist customers in building up positive emotionally supportive networks; Request and get records; Make referrals for the customer to enter treatment; Develop Re-Entry steady arranges Provide a forward Resource Guide; Interviewing customers and families; Be an emotionally supportive network to the customer and family; Assist the lawyer with distinguishing what relatives would be an advantage for talk with. What does a DPA Social Worker accomplish for the DPA Attorney?

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The Results of the SWPP 229 grown-ups and adolescents were served by 3 social laborers A high percent of grown-ups and adolescents detailed indications of substance mishandle (86% grown-ups, 52% adolescents) A high rate of mental misery (73% grown-ups, 73% adolescents) 181 respondents (141 grown-ups, 40 adolescents) were re-met following six months about administrations got and their present status and condition

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More Results 167 litigants hinted at emotional instability. 180 respondents hinted at medication or liquor dependence. 147 respondents were dually analyzed. 131 (of 181) announced forbearance taking after intercession. 118 remained in treatment programs (74%). 15 cases were rejected pretrial. 93 litigants were discharged on bond (40 to half).

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Measuring Recidivism 6 month follow-up results: 79 (82%) of 96 grown-up respondents were discharged from jail or imprison were still in the group That is an18% recidivism rate for the DPA program, when contrasted with the 35% far reaching rate of those not a piece of the DPA program

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The Savings Each Social Worker spared 10,000 days of detainment The rate of litigants refusing substances was at least 93%, and the quantity of litigants partaking in AA, NA or other self improvement gatherings tripled The program's net yearly reserve funds was $290,508 For $1.00 put resources into Social Workers' pay rates, the state spared $3.25 of detainment expenses

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The Bigger Picture Total yearly investment funds was $1.3 million Projected investment funds for all inclusive usage is evaluated to be $3.1 million every year. KY is sparing $96,800 per social laborer, which is more than twofold the cost of the social specialist ($43,000).

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Social laborers are particularly ready to guide guilty parties into compelling treatment programs secured by the lawyer customer benefit, improving the probability and viability of early intercession; 2) enhance coordination and participation among criminal equity organizations and treatment suppliers. DPA speaks to by far most of criminal respondents in the state and is along these lines especially appropriate to lead a community push to address substance manhandle by guilty parties, and 3) intercession right on time for a situation brings about the introduction of nitty gritty, confirm based sentencing and pretrial discharge arrangements to the court, improving the probability of pretrial discharge or probation with an individualized sentencing arrangement, diminishing detainment expenses and decreasing recidivism.

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