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CHAPTER 7: SELECTED CRIMINAL PROCEDURES - Table of Contents

7.1 - Preliminary Hearings7.2 - Pretrial Conferences7.3 - Pretrial Motions Processs7.4 - Use of Statements7.5 - Use of Seized Evidence7.6 - Eyewitness Identification Procedures7.7 - Interlocutory Appeals7.8 - Sentencing7.9 - Boulder Integrated Treatment Court

7.9 BOULDER INTEGRATED TREATMENT COURT

In November, 2006, the 20th Judicial District opened the doors to its new Integrated Treatment Court for defendants and for families suffering from severe drug and/or addiction. The project was developed by a large committee of stakeholders led by Judge Bailin, Chief Judge of the 20th Judicial District.

The Boulder ITC has two parts:

DEPENDENCY AND NEGLECT INTEGRATED TREATMENT COURT TRACK

One part of the ITC is a special track for drug/alcohol-addicted and abusing parents in the Dependency and Neglect Court. When the Department of Social Services becomes involved with a family, either because a child or children have been removed from the home by court order or because a protective order has been imposed by the court, eligible parents may enter the Family ITC.

If parents enter the ITC, they receive a list of requirements for each two-week period. These requirements include cooperating with their case workers, participating in urinalysis on a random and frequent basis, attending all substance abuse and mental health treatment sessions, and obtaining safe housing. Over time, the list of requirements changes based upon the increased expectations of the project and changes made by the parent. Parents enter treatment immediately upon entry into the ITC.

The parents are required to appear in court every other week. During the two weeks between each court appearance, the Family ITC team, composed of a magistrate, assistant county attorney, respondent’s counsel, the GAL, the mental health and substance abuse professionals, the BCDSS caseworker, and the ITC Coordinator exchange information about the parents.

At the hearing, the magistrate administers a punishment, sanction, or disincentive for non-compliant behavior. The magistrate provides a reward or incentive for compliant behavior. Administration of incentives and sanctions shortly after complying or non-complying conduct is a critical part of the drug court model as is the development of a caring relationship between the parent and the magistrate.

This part of the ITC is projected to serve 28 parents at full capacity. As of the end of August, 2007, the Family ITC is retaining 88% of the parents who entered the program.

ADULT CRIMINAL INTEGRATED TREATMENT COURT

The Adult Criminal ITC is headed by the ITC district judge. Chief Judge Bailin is the first Adult ITC judge. Offenders on probation who are failing to comply with their sentence requirements because of drug or alcohol abuse are assessed to determine whether they are eligible for the ITC. Use of ITC resources is restricted to addicted or high-level abusing offenders who pose a risk to the community. Each offender appears in court every two weeks for the first six to nine months of the program. Thereafter, the offender appears monthly. Immediately after acceptance into the ITC, which can occur as quickly as 48 hours after arrest, treatment begins. Rapid entry into treatment is a critical part of the drug court model.

Each offender receives a list of requirements for each two-week period. These requirements will include participating in urinalysis on a random and frequent basis, taking breath tests or being subject to automated alcohol testing monitoring, attending all substance abuse and mental health treatment sessions, and obtaining safe and sober housing. As time proceeds, the list of performance requirements changes based upon the increased expectations of the project and changes made by the offender.

During the two weeks between appearances, the ITC Team, including the judge, the deputy district attorney, the public defender or private defense attorney, the probation officer, the substance abuse and mental health treatment professionals, and the ITC Coordinator exchange information about each offender. Clinicians provide regular progress reports to the team.

At each status conference with an offender, the judge engages in conversation with the offender using special interactional and motivational techniques. The relationship between the judge and the offender is a critical part of the drug court model. The judge administers a punishment, sanction, or disincentive for non-compliant behavior. Administration of incentives and sanctions shortly after the complying or non-complying conduct is a critical part of the drug court model.

This part of the ITC is projected to serve 120 offenders over the course of a year at full capacity, with 90 appearing during each two-week period. As of August, 2007, the Adult ITC is retaining approximately 78% of those who entered the program.

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