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Northern Hills
Drug
Court
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General Description of a Drug Court:
The first specialized drug court was created in Miami in 1989,
in response to rising rates of drug-related court cases. The Fourth
Circuit’s Drug Court, the first in South Dakota, is based in Sturgis,
South Dakota. This Drug Court focuses on the non-violent, adult felony
offender who abuses controlled substances, particularly methamphetamine.
The typical defendant has “one foot” in the penitentiary.
Key operational features of a drug court include early intervention,
increased court hearings, frequent drug testing, immediate sanctions,
intensive supervision and monitoring; in short, pairing the coercive
power of the court with effective treatment strategies.
The Northern Hills Drug Court:
The Drug Court is unique. Essentially non-adversarial, participants (defendants)
work with a team of individuals committed to the participant’s recovery.
The Drug Court Team consists of a judge, state’s attorney, defense attorney,
sheriff, probation officer, treatment provider, program manager and program assistant.
The Drug Court Team meets before each weekly drug court session and, in effect, acts
as a multi-disciplinary case manager.
The Judge imposes sanctions for any failure of full participation in the program.
Sanctions include immediate incarceration, loss of privileges or demotion.
Repeated or gross transgressors may be (and are) expelled and returned to the
sentencing judge for disposition.
Treatment includes the Matrix model for substance abuse and also treatment for
mental health issues. Northern Hills Alcohol and Drug is the primary therapy provider.
An Example:
Jane Doe, a methamphetamine addict, mother of two minor children, is arrested
for embezzling to fund her addiction. Her defense counsel and/or the prosecutor
and/or law enforcement and/or other interested party identify Jane as a potential
drug court candidate. Jane elects to participate, completes an application and is
screened to determine eligibility. As part of a plea agreement, the local state’s
attorney recommends Drug Court as a condition of probation. Jane is expected to
enter a guilty plea as soon as possible. The sentencing judge, Jane’s attorney,
and the team defense counsel ensure that Jane fully understands the drug court
program including her waiver of statutory and constitutional rights.
Jane’s program begins immediately. Her life thereafter is intensively scrutinized,
strictly monitored and highly directed. If Jane progresses, she will earn rewards,
for example, reduced scrutiny, more individual choices, and ultimately graduation
from the program. Jane has an individual treatment plan. Jane comes to court every
week to meet the Team and answer to the Judge. She meets more often with her counselor(s)
and probation officer. She is “UA’ed” (random urinalysis) at least 2-3 times a week at
any time of day or night, at home, work or elsewhere. She pays a portion of her Drug
Court costs. Jane spends 12-18 months in the drug court program, graduates, and then
transfers to “regular probation”. Jane stays sober, raises her children, keeps a job
- Jane productively contributes to society.
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