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Where am I now? Lawlink > Drug Court of New South Wales > Policy Documents and Tabled Documents > Policy 1: Drug Court Team Meetings
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Policy 1: Drug Court Team Meetings
DRUG COURT OF NEW SOUTH WALES
Policy # 1 | Team meetings and Participant Review |
Last Reviewed | October 2009 |
1. PURPOSES OF POLICY
· To clarify the purposes, structure and content of Drug Court team meetings.
· To ensure the current Treatment and Case Management Plan is a highly suitable one.
· To ensure the resources of the program are not expended upon those who cannot succeed.
2. DEFINITIONS
| Act | means the Drug Court Act 1998 |
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| means a Community Offender Service officer assigned to a participant |
| Drug Court | means the Drug Court of N.S.W. |
| Drug Court program | means the conditions accepted by the participant and imposed by the Court under section 7(3)(a) of the Act. |
| Drug Court team | means a Drug Court judge, the Registrar, the solicitor from the Legal Aid Commission, the solicitor from the Office of the Director of Public Prosecutions, the Police Prosecutor, the Probation and Parole co-ordinator and the Clinical Nurse Consultant who are attached to the Drug Court, and/or the alternates for each. |
| Participant | means a “drug offender” as defined in the Drug Court Act 1998 |
| treatment plan | means a plan for therapeutic intervention to address an offender’s drug dependency and related health needs. |
| Treatment Provider | means a participant’s principal ongoing treatment provider. |
3. POLICY
Team Meetings
3.1 Generally, on any day that the Drug Court sits to consider the progress of participants, a Drug Court team meeting will precede the sitting. At that meeting, the Drug Court team will discuss each of the cases listed for that day.
3.2 Each Drug Court team meeting is open to members of the Drug Court team, and any invitee of the Drug Court team. Interested persons such as treatment providers or case managers may ask to be present at a meeting.
3.3 If a participant has private legal representation, his or her case will not be discussed at a Drug Court team meeting unless the legal representative is present (in person or via conference telephone) or does not wish to be present during discussion about the participant’s case.
3.4 Except in very special circumstances, no offender/participant will be present at a Drug Court team meeting when his or her case is discussed.
3.5 At Drug Court team meetings, the Drug Court team will discuss matters relating to the special functions conferred on the Drug Court, including:
(1) whether an offender appears to be eligible
(2) treatment plans (implementation and variation)
(3) other conditions of Drug Court programs
(4) appropriate rewards and/or sanctions
(5) prison accommodation arrangements
(6) logistical matters, eg the need to call in outstanding charges and the status of matters before the Parole Authority of New South Wales
3.6 At Drug Court team meetings, the Drug Court team will not discuss sentencing matters (except to the extent necessary in relation to 3.5 above)
3.7 At Drug Court team meetings, the presiding Drug Court Judge may be furnished with documents which the ODPP solicitor, the LAC solicitor or a private legal representative proposes to tender by consent.
3.8 The purpose of the Drug Court team meeting about a participant is to reach consensus on any changes to the treatment plan and to identify any contentious issues.
3.9 A Drug Court team meeting will be chaired by the Drug Court Judge who will be presiding in the Drug Court on that day.
3.10 The Clinical Nurse Consultant is responsible for informing the Drug Court team meeting about drug dependency and treatment matters.
3.11 The Probation and Parole coordinator is responsible for informing the Drug Court team meeting about accommodation and compliance with supervision, parole issues, Community Service Orders and other orders.
3.12 The DPP solicitor and the Police Prosecutor are responsible for informing the Drug Court team meeting about offence matters, or any contact between police and the Drug Court participant that may affect the Drug Court participant’s performance on program.
3.13 Justice Health, through the Clinical Nurse Consultant, is responsible for informing the Drug Court team meeting about prison accommodation matters.
3.14 The Registrar is responsible for informing the Drug Court team meeting about any issues regarding drug testing at any locations and will inform the Drug Court Team regarding compliance with drug testing regimes, especially participants on Phase 2 and Phase 3.
Review Meetings
4.1 Each month there will be a Review Meeting. That meeting will usually be on the last Monday of the month. At that meeting the following participants will be reviewed:
· Participants on Phase 1 for over 4 months
· Participants on Phase 2 for over 4 months
· Participants on Phase 3 for over 4 months
· Participants who are listed to graduate soon
· Other participants who warrant consideration can be added when needed, or at the request of a team member, Treatment Provider or Case Manager.
4.2 The team will reply on reports provided to the Court for regular report-backs. Generally no additional report will be obtained from a Treatment Provider or Case Manager.
4.3 In respect of each participant, the team will consider if progress is being made against the standards set in Policy #7 Program Goals and Measures, and ask:
· Is the participant substantially complying with the program?
· Is the participant likely to be able to progress further?
· Should the participant be promoted to the next Phase, or, if on Phase 3, listed for graduation?
· What changes could be made to the Treatment and Case Management Plan to assist the participant to succeed?
· Is a termination hearing or other court action appropriate?
Review Meeting Procedure
5.1 Judge’s Associate will email to the team a list of participants for discussion at the meeting. Team members should consider each participant before the meeting to focus discussion.
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