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Superior Court of California - County of San Diego: Juvenile: Juvenile Drug Court: Drug Court Rules
 

Drug Court Rules

In addition to the terms and conditions of their probation, a juvenile must follow all Drug Court Rules in order to graduate. Honest communication with all Drug Court Team Members is expected of each participant at all times. Failure to comply with Drug Court Rules will result in additional sanctions designed to correct behavior.

1.       SOBRIETY, TREATMENT, TESTING AND ABSTINENCE:

Participants must not use alcohol or illegal drugs. They must remain sober, in substance abuse treatment, and submit to drug testing. Participants must have nine months (270 days) of sobriety to graduate from Drug Court.

2.       CLEAN AND SOBER DAY COUNT:

A.       "Day 1" is the first day after acceptance into the JDC program or the first day after relapse (dirty test, refusal to test, diluted or adulterated specimen, or possession of alcohol or drugs, including any unauthorized prescription drug).

B.       A participant may transition to Phase 2 provided:

(1) he or she has remained sober for 90 consecutive days with no relapses, AND

(2) the team agrees that the participant should move to Phase 2 considering his or her overall Drug Court performance.

C.       A participant may not get credit for sober days accumulated prior to a relapse.

3.       RELAPSE:

Possession of drugs, including unauthorized prescription drugs or alcohol, equates to a relapse. Relapse includes failing to provide a urinalysis, or submitting an adulterated or diluted specimen for self or another person. Any offending participantís "clean and sober" day count will revert to "0."

Phase III participants:

If the participant has one relapse while in Phase III, the participantís clean and sober day count reverts to "0" and the participant returns to Phase I. Upon successful completion of Phase I, the participant is returned to Phase III. If the participant has a second relapse, his or her clean and sober day count again reverts to "0" and the participant returns to Phase I.

4.       DRUG COURT ATTENDANCE:

Participants must attend Drug Court, fully participate, and remain for the entire session unless excused early by the Court. Unexcused failure to appear in Drug Court will result in the issuance of a bench warrant and possible sanctions. Participants who need to be excused from Court must call their Probation Officer on or before the date of their court hearing to request permission to be excused and provide a valid reason.

5.       TREATMENT AND COUNSELING:

Participants must attend and fully participate in substance abuse treatment and counseling. Any unexcused absences at treatment or counseling will be sanctioned as follows:

A.       UNEXCUSED ABSENCES:  Appropriate sanctions may include, but are not limited to:

(1)       Verbal warning in open court;

(2)       Home/Electronic Supervision or community service. Participants must bring proof of completion of community service to their Drug Court hearing.

(3)       One day in Juvenile Hall for each treatment or counseling session missed. Juvenile Hall time may be done during the weekend or school holidays.

B.       TARDINESS: Appropriate sanctions may include, but are not limited to:

(1)       Verbal warning in open court.

(2)       One hour of community service for each hour, or portion thereof that the participant is tardy. Participants must bring proof of completion of community service as directed to their Drug Court hearing.

6.       SCHOOL:

Participants must attend school, participate fully and pass all their classes. They may not receive any negative marks in citizenship.

A.       UNEXCUSED ABSENCES: Any unexcused absences may be sanctioned as follows:

(1)       One day in Juvenile Hall for each day missed. Time may be served on weekends or school holidays.

(2)       Home/Electronic Supervision, community service, or a written essay. Participants must bring proof of completion of the community service or essay as directed to their Drug Court hearing.

B.       TARDINESS: Appropriate sanctions may include, but are not limited to:

(1)       Verbal warning in open court.

(2)       One hour of community service for each hour, or portion thereof that the participant is tardy. The participant must bring proof of completion of community service as directed to his/her Drug Court hearing.

7.       ILLNESS:

Participants missing Drug Court, school or treatment due to illness must bring a letter verifying their illness to their next Drug Court hearing. The letter must be signed and certified by a doctor or the person with whom the participant is placed. Additionally, the participant and/or a parent must contact the participantís school, treatment program, and Probation Officer the day of the absence.

8.       PROBATION VIOLATIONS:

Participants detained in Juvenile Hall for probation violations will be brought before a Drug Court judge for a detention hearing.

9.       BEHAVIOR:

Drug Court participants are required to behave appropriately in all circumstances.

A.       HOME: Participants must follow the rules and regulations of the person(s) with whom they are placed. The person(s) has a duty to inform the Court of any rule or probation violation.

B.       DRUG COURT: Participants must be respectful and attentive towards the Court, other team members and all other participants. They may not chew gum in Court, use inappropriate language, or slouch in their chairs.

C.       SCHOOL: Drug Court participants may not receive any negative marks in citizenship.

D.       Drug Court participants are expected to abide by the rules and requirements of their assigned treatment program.

10.     DRESS AND GROOMING:

Any participant appearing at Drug Court must be dressed in appropriate courtroom attire. Drug Court participants may not wear gang attire or any apparel indicating drugs or alcohol, inappropriate logos or alterations. Participants may not expose their midriff, cleavage or underwear. In addition:

A.       HATS may not be worn.

B.       SHOES must be worn.

C.       PANTS must be full-length, may not be cut-off, and must be worn at the waist.

D.       DRESSES AND SKIRTS must be appropriate. The Drug Court Team will counsel participants who do not dress appropriately. Continued non-compliance will result in sanctions.

 

Drug Testing Guidelines

Drug testing is a key focal point of the Drug Court program. Participants will be required to submit to drug testing, which is conducted by either a Probation Officer, Volunteer in Probation, Reserve Deputy Probation Officer, Student Worker, Juvenile Recovery Specialist, or law enforcement officer (police, sheriff, etc.). Treatment providers may also test participants.

A Drug Court participant will be tested using the following minimum guidelines:

Minimum Testing Guidelines

Phase I & II Random testing at least twice a week.
Phase III Random testing at least once a week.



Incentives and Sanctions

In addition to intensive supervision, Drug Courts utilize a combination of incentives and graduated sanctions to assist a participant achieve sobriety. To encourage participants to work toward and maintain sobriety, the Drug Court awards incentives when the team agrees that an individual has reached a milestone. Sanctions are imposed for non-compliance during a minorís participation in the program. The tables below describe common incentives and sanctions.

Common incentives awarded to participants are:

Incentives

Praise by the Court
Phase Promotion
Sobriety Tokens
Sober Day Certificate
Movie Passes
Sporting Event Tickets
Gift Certificates
Certificate of Graduation

The following table serves as a guide for sanctions, which JDC Team Members may recommend to the Court.

Sanctions

Verbal warning in open court
Written Essay Reflecting on the behavior
Home Supervision
Community Service & Work Projects
Additional Drug testing
Juvenile Hall or Ranch confinement




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