MCLEAN COUNTY PROBLEM SOLVING COURTS AN UPDATE JUDGE

MCLEAN COUNTY PROBLEM SOLVING COURTS: AN UPDATE JUDGE CASEY COSTIGAN, PRESIDING JUDGE FOR DRUG COURT JUDGE AMY MCFARLAND, PRESIDING JUDGE FOR RECOVERY COURT

THE PROBLEM o 20. 2 Million American Adults (about 1 in 10) have a substance use disorder. o In 2017 an estimated 72, 000 Americans died of drug overdose (174 a day). o In 2016 Illinois had 2, 278 drug related overdose deaths (6+ a day). o In 2017 Mc. Lean County had 40 confirmed overdose deaths (nearly 1 a week); 28 in 2018 and 24 in 2019. o The U. S. spends approximately $80 billion annually on incarceration. o Research has shown that mass incarceration of individuals with substance use disorders does not work.

THE PROBLEM v. Research shows 20% to 50% of participants in drug courts are likely to have a co-occurring mental health disorder. v. Effective treatment for such individuals requires that both the substance use and mental health symptoms be addressed simultaneously. (CON’T)

PART OF THE SOLUTION: PROBLEM SOLVING COURTS DRUG COURT/RECOVERY COURT • Drug Courts have been shown to be the single most successful intervention in our nation’s history for leading people with substance use disorders out of the criminal justice system and into recovery and stability. • 75% of those who successfully complete Drug Court remain arrest free for two years after leaving the program. • Drug Courts work so well because you have the leverage of the criminal justice system to keep people in a strictly structured treatment program long enough for them to be successful

MCLEAN COUNTY PROBLEM SOLVING COURTS Drug Court est. 2006 Recovery Court est. 2010 Veterans Court est. 2018

Formalize • Formalize the screening and assessment procedure. Integrate • Integrate new programming into existing treatment structure and improve interagency coordination and service coordination. Identify • Identify target behaviors and expectations of the participants for each phase of the program. Improve • Improve data tracking and data collection. Institutionalize • Institutionalize program practices.

Objective #1 Formalize Screening and Assessment Procedure • Referral and Screening Process Any professional stakeholder or family member (e. g. attorney, judge, probation, jail staff, family or community member) may make a referral.

Referral and Screening Process (con’t) Referral to Coordinator Legal Screening Clinician Screening LEADS Police reports Risk/Need Assessment Team Discussion Program Admission

TARGET POPULATION DRUG COURT v. High Risk / High Need offenders diagnosed with a substance use disorder who may have pending probation violations or a new felony offense, who would otherwise be sentenced to IDOC. RECOVERY COURT v. Moderate-high/high risk, high need adult defendants with mental illness, or co-occurring mental illness and substance abuse disorder who do not otherwise have an appropriate or consistent system of care already in place or access to such a system of care to treat their mental illness/substance abuse issue and whose mental illness is related to criminal offenses.

ELIGIBILITY CRITERIA DRUG COURT Felony offenders Adult offenders Reside in Mc. Lean County RECOVERY COURT Felony or Class A misdemeanor offenders Adult offenders Reside in Mc. Lean County Diagnosed with mental illness or co-occurring Diagnosed with a Substance Use mental illness and substance abuse with a Disorder causal connection between the mental illness Mod - High Risk on ARA (Adult Risk and the crime Assessment) Mod-Very High Risk on ARA (Adult Risk High Need Assessment) High Need

EXCLUSIONARY FACTORS DRUG COURT 730 ILCS 166/20 A defendant may be admitted ONLY upon agreement of the defendant and with the approval of the court. The crime is a crime of violence RECOVERY COURT 730 ILCS 168/15 Convicted of certain violent crimes – (Murder, kidnapping, arson, armed robbery, sex crimes) Denies drug use/addiction Does not demonstrate a willingness to participate Convicted of crime of violence within the past 10 years. Convicted of certain violent crimes – (Murder, kidnapping, arson, armed robbery, sex crimes) Crime is non- probationable Sentence renders defendant ineligible for probation

OTHER FACTORS CONSIDERED Active gang member Active confidential source Low Risk/Low Need Extenuating circumstances and mitigating factors

Objective #2 • Integrate new programming into existing treatment structure and improve interagency coordination and service coordination.

STRENGTHS • Coordination between major substance abuse and mental health providers (Chestnut and CHS) • Strong peer recovery support network • Recovery Coaches • MRT (moral reconation therapy) program • MAT (medication assisted treatment) program CHALLENGES • Lack of psychiatric providers • Affordable housing • Employment

OBJECTIVE #3 • Identify target behaviors for each phase of the problem solving Court and benchmarks to broadly define the expectations of participants in each phase of the program v. Proximal and Target Behaviors v 5 phases (different goals and behaviors expected) v. Incentive/Sanction/Therapeutic adjustment based on phase

FIVE PHASES OF PROBLEM-SOLVING COURT DRUG COURT • Phase 1 (Introduction) • 3 -4 Weeks suggested timeframe • Complete intakes with Probation and Chestnut • Develop individualized treatment and case plans • Complete Treatment Orientation Group • Attend Court every week RECOVERY COURT • Phase 1 (Orientation) • Complete intakes with Probation and Treatment provider • Take medication as prescribed • Complete treatment recommendations • Attend Court every week

FIVE PHASES OF PROBLEM-SOLVING COURT DRUG COURT • Phase 2 (Building Foundations) RECOVERY COURT • Phase 2 (Engagement) • 3 months suggested timeframe • Follow treatment calendar • Attend 3 self-help meetings per week • Complete treatment recommendations • Begin Moral Recognition Therapy (MRT) • Meet with counselor at least monthly to update treatment plan • Seek stable housing, employment, education, or community service opportunities • Take medications as prescribed • Attend Court every 2 weeks • Attend self-help meetings as directed • Have at least 30 days of negative drug screens • Attend Court weekly

FIVE PHASES OF PROBLEM-SOLVING COURT DRUG COURT • Phase 3 (Framework for the Future) RECOVERY COURT • Phase 3 (Stabilization) • 5 months suggested timeframe • Same as prior phases • Complete MRT • Meet with counselor every other month to update treatment plan and goals • Be employed a minimum 20 hours, minimum of 20 hours of verified community service each week, or verified disability/retirement status • Attend Court every other week • 3 self-help meetings per week • Establish safe, stable house to advance to phase 4 • Establish a payment plan for fines and fees • ARA updated to monitor risk • Have at least 45 days of negative drug screens • TSI updated to monitor trauma level • Attend Court every 4 weeks

FIVE PHASES OF PROBLEM-SOLVING COURT DRUG COURT • Phase 4 (Putting it Into Practice) • 5 months suggested timeframe • Have at least 60 days of negative drug screens RECOVERY COURT • Phase 4 (Maintenance) • Meet with counselor at least quarterly to update treatment plan and goals • Develop aftercare plan • Implement payment plan • Maintain safe, stable housing • Attend Court every 4 weeks • Attend Court every month

FIVE PHASES OF PROBLEM-SOLVING COURT DRUG COURT • Phase 5 (Maintenance) • 4 months suggested timeframe • Develop and follow aftercare treatment plan RECOVERY COURT • Phase 5 (Transition) • Meet with counselor as needed to update treatment plan and goals • Attend court every 6 weeks • Complete restitution payments and show satisfactory progress toward the payment of fines and fees if able • Provide leadership, mentorship or group programming assistance to earlier phase participants • Have at least 9 months of negative drug screens • Weekly contact with recovery coach • Attend court every 6 weeks

FIVE PHASES OF PROBLEM-SOLVING COURT • Throughout all Phases, participants are expected to: • Remain drug and alcohol free; Remain crime free • Take medications and actively engage in treatment (Recovery Court) • Comply with all drug screens, breathalyzers, and home visits • Attend all scheduled appointments and treatment groups (on-time) • Show up, be honest, and try • Participants complete Phase Advancement Applications with specific criteria regarding sanctions and clean time

INCENTIVES/REWARD • Praise from the Court • Priority in appearance at court • Travel permits • “Cabinet Rewards” (e. g. gift cards, food/toiletries/candy/snacks/sobriety materials) • “Fast Pass” • Decreased monitoring or treatment requirements

THERAPEUTIC ADJUSTMENTS • Increased self-help meetings • Increased treatment or residential treatment • Written essays • MAT (Vivitrol/Naltrexone) • MRT (criminal thinking) • Step work • Work on calendars, time management, etc.

SANCTIONS • Admonishment from the Court • Increased contact with Probation • Community Service Work • Daily Drug Screens • Written essays • Jail • PTR (State may file Petition to Revoke their probation) • Removal from the program

Problem Solving Courts in the time of COVID-19 ØNO Court ØNO Drug Screens (until recently) ØNO in person recovery meetings ØNO Community Service Work ØNO in person graduation

Problem Solving Courts in the time of COVID-19 ØZoom/telephone meetings ØPodcasts ØGPS monitoring/Curfew check ins ØCourt calls to participants (virtual court) ØSCRAM® device ØCOVID-19 focused rewards (drop off at ØActivity log with pictures the “Hut”) § Food cards/Walmart cards (for basic ØQuarantine Bingo needs) ØLaw enforcement wellness check § Employment assistance (shoes/shorts for job) ØFood delivered to participant

OBJECTIVE #4 • Improve data tracking and collection for the Mc. Lean County problem-solving courts • Connexis Cloud data management system

OBJECTIVE #5 • Institutionalize program practices by updating and finalizing the participant handbook and the policy and procedure manual for both problem-solving courts. This Photo by Unknown Author is licensed under CC BY-ND

ACCESS TO COURTS UPON RESUMING IN PERSON COURT SESSIONS DRUG COURT RECOVERY COURT • Every Thursday at 3: 30 p. m. • Every Thursday at 1: 00 p. m. • Courtroom 4 B • Courtroom 4 A • Open to public • Staffing is always confidential and is not open to the public. Both courts are conducting virtual staffing via Zoom. • Drug Court is contacting participants regularly and Recovery Court is contacting participants weekly after staffing.

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