Drug Court - PD19 New

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WHAT IS DRUG COURT?

Drug Court is a court program which works with defendants in an attempt to improve their lives through counseling, with the goal of sobriety. People can enter Drug Court in two ways:

1. As a diversion. This means that once the defendant graduates from Drug Court, the criminal charges are dismissed. This option is only open to certain charges, and only for defendants who have no prior felony convictions. The diversion program will last at least a year for felony charges, and at least 6 months if the defendant is charged only with misdemeanors.

2. As a condition of probation. This option is available to anyone with non-violent charges and no history of violence. It is not open to people who sell drugs. In order to enter Drug Court as a condition of probation, the Judge must sentence the defendant to probation with the condition that he enter and complete Drug Court. If Drug Court is not completed, then the defendant will face a violation of probation.

Clients of Drug Court are required to do many things:

1. Random drug screens. The participants must call a hotline every day to determine if they must drug test. If their assigned number is called, they must go to the drug lab in their county and give an observed urine sample.

2. Court attendance. Court attendance is required more frequently in the beginning of the program (typically once a week). Once progress is made through the program, the Court attendance requirement will lessen to every other week or every month.

3. Therapy. Each client of Drug Court is expected to participate in some type of substance abuse treatment. This treatment may consist of individual sessions, group therapy, partial hospitalization program/intensive outpatient, inpatient treatment, modification of living environment (transitional homes), etc. The amount and type of treatment will be determined in a treatment plan. Typically each client begins Drug Court in an outpatient treatment program, which can be modified if necessary throughout the program.

4. Self-help meetings. The treatment provider and Court may order that a client participate in self-help meetings, such as AA or NA. The number and frequency is determined on a case by case basis according to the client’s needs.

Drug Court operates as a team. The team includes a Drug Court Judge, a representative from both the Public Defender’s and State Attorney’s Offices, a probation officer, a coordinator from court administration, and community treatment providers. Each week, the team meets prior to court and discusses each participant. During Court, the client is called in front of the Judge, and the Judge discusses the client’s accomplishments and stumbling blocks over the past several weeks. The Judge may give the client an incentive for doing well or a sanction if he or she is not doing well. The sanction can include jail or elimination from the program, depending on the severity of the infraction.

Juvenile and Felony Drug Courts are available in all four counties, Misdemeanor Drug Court is only available in St. Lucie and Okeechobee Counties. If you think you may qualify and are interested in participating in Drug Court, please speak to your attorney.

MENTAL HEALTH COURT

The 19th Judicial Circuit has established Mental Health Courts in St. Lucie, Indian River, Martin and Okeechobee Counties. Mental Health Court saves lives, saves money and provides better public safety for the citizens of our communities.

The Court is for persons diagnosed with a severe mental illness or developmental disability, and charged with either a misdemeanor or felony. The program provides court supervision and treatment through collaboration with state, county, and community agencies. The Court is therapeutic and provides case management, therapy and other services designed to promote involvement in treatment (including therapy, substance abuse and vocational rehab) and to improve the client’s overall quality of life; promote independent living; and reduce recidivism for clients with mental health disorders. Defendants can enter Mental Health Court as part of a diversion, as a condition of probation or as part of an Incompetent to Proceed or Not Guilty by Reason of Insanity conditional release plan. Participants who enter Mental Health Court as a diversion may have their criminal charges dismissed upon successful completion of the program.

Florida Statutes designate which cases may be diverted to Mental Health Court, if you suffer from a diagnosed mental health disorder or intellectual disability you can speak to your attorney about the possibility of entering Mental Health Court.

Please see article referencing ‘We Live It:’ People with Mental Illnesses in the Justice System Use Their Stories to Promote Local Change.

VETERANS COURT

What is Veterans Treatment Court?

Veterans Treatment Court (VTC) is a court program which works with defendants who are veterans and eligible for services through the VA (meaning with a general or honorable discharge) in an attempt to improve their lives through counseling, with the goal of sobriety and mental stability. People can enter Veterans Treatment Court in two ways:

1. As a diversion. This means that once the defendant graduates from VTC, the criminal charges are dismissed. This option is only available to defendants with certain charges, and who have never been in VTC or rejected the option of VTC in the past. The diversion program will last at least a year for felony charges, and at least 6 months if the defendant is charged only with misdemeanors.

2. As a condition of probation. In order to enter VTC, the judge must sentence the defendant to probation with the condition that he enter and complete VTC. If VTC is not completed, then the defendant will face a violation of probation.

Clients of VTC are required to do many things:

1. Random drug screens. The veterans will be drug tested randomly. They must either call a hotline every day to determine if they must drug test or someone will inform them of the need to test. When instructed, they must go to the drug lab or the VA in their county and give an observed urine sample.

3. Therapy. Each client of VTC is expected to participate in some type of therapy and/or substance abuse treatment. This treatment may consist of individual sessions, group therapy, partial hospitalization program/intensive outpatient, inpatient treatment, modification of living environment (transitional homes), etc. The amount and type of treatment will be determined in a treatment plan. Treatment may be modified throughout the program according to the needs of the veteran.

VTC operates as a team. The team includes a VTC Judge, a representative from both the Public Defender’s and State Attorney’s Offices, a probation officer, a coordinator from court administration, community treatment providers, and a representative from the VA Medical Center. Each week, the team meets prior to Court and discusses each veteran. During court, the veteran is called in front of the Judge, and the Judge discusses the veteran’s accomplishments and stumbling blocks over the past several weeks. The Judge may give the veteran an incentive for doing well or a sanction if he is not doing well. The sanction can include jail or elimination from the program, depending on the severity of the infraction.

Veterans Treatment Court is currently only available in Indian River and St. Lucie Counties. If you think you may qualify and are interested in participating in VTC, please speak to your attorney.

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. SB 80/Chapter 2006-232, Laws of Florida (Public Records Law Regarding E-mail).