HomeMy WebLinkAboutCONTRACT BETWEEN THE AUGUSTA JUDICIAL CIRCUIT ADULT FELONY MENTAL HELATH & VETERANS COURT PROGRAMS AND FAMILY COUNSELING CENTER OF THE CSRA Addendum to RFP Item#18-255
Adult Felony Mental Health and Veterans Court Treatment System
Scope of Services
The following proposed treatment regimen by phase is an addendum to the Scope of Services:
Mental Health Court Phase 1(6 months):
3 group sessions per week (to include WRAP, CBT, and Dual Diagnosis or Trauma Focus
depending on assessment and needs)
1 individual session per week
Minimum 2 UDS per week
Psychiatric appointment minimum lx per month
ACT or ICM depending on needs of participant
Mental Health Court Phase 11(6 months):
2 group sessions per week (based on needs)
2 individual sessions per month
Minimum 2 UDS per week
Psychiatric appointment lx per month
ACT or ICM (drop level of care if appropriate)
Mental Health Court Phase 111(6 months):
1 group session per week (based on needs)
1 individual session per month
Minimum 1 UDS per week
Ongoing psychiatric appointments based on psychiatrist recommendations
Drop level of care for case management (ACT to ICM, or ICM to PSRI)
Mental Health Court Phase IV(3 months)
2 group sessions per month (coleading)
Psychiatric appointments as needed per psychiatrist
1 individual session per month
Minimum 2 UDS per month
Lowest level of care needed for community support (ICM or PSRI)
Veterans Treatment Court Phase 1(6 months):
3 group sessions per week (to include Trauma based movement therapy such as mindfulness or
meditation, MRT, and Relapse Prevention Focus depending on assessment and needs)
1 individual session per week
Minimum 2 UDS per week
Psychiatric appointment minimum lx per month
ACT or ICM depending on needs of participant
Veterans Treatment Court Phase 11(6 months):
2 group sessions per week (based on needs)
2 individual sessions per month
Minimum 2 UDS per week
Psychiatric appointment lx per month
ACT or ICM (drop level of care if appropriate)
Veterans Treatment Court Phase 111(6 months):
1 group session per week (based on needs)
1 individual session per month
Minimum 1 UDS per week
Ongoing psychiatric appointments based on psychiatric recommendations
Drop level of care for case management (ACT to ICM, or ICM to PSRI)
Veterans Treatment Court Phase IV(3 months)
2 group sessions per month (coleading)
Psychiatric appointments as needed per psychiatrist
1 individual session per month
Minimum 2 UDS per month (not sure if this is possible)
Lowest level of care needed for community support (ICM or PSRI)
Additional Requirements—Group sessions may not exceed 12 participants without approval of
the court. All participants to receive individual treatment planning and documentation.
Additional UDS may be required for participants as ordered by the court.
Proposed Funding Structure
The following monthly rates apply for the total number of Mental Health Court and Veterans
Treatment Court participants regardless of program type. These rates include all services as
stated in the proposal including, but not limited to, group and individual sessions, UDS
collections, mental health and substance abuse assessments, documentation, etc.
0-20=$5,000
21-40=$7,500
41-60=$10,000
61-80=$12,500
81-100=$14,000; and
Each additional 20 participants at$2,500.
IN WITNESS WHEREOF the County and the Contractor have executed this Agreement effective as of the date
the Chairman executes this Agreement on behalf of the County.
CONTRACTOR
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AUGUSTA JUDICIAL CIRCUIT/BURKE COUNTY,COLUMBIA COUNTY,AND BICI-IMOND COUNTY GEORGIA
Ruguota lubtcEacr Circuit
01 James H.Ruffin,Jr. Courthouse
Adult Felony
r, 735 James Brown Blvd.,Suite 2200
.- r Augusta,GA 30901
Accountability Courts �,
James G. Blanchard,Jr. f .
y �' • Elaina Ashley,Coordinator
SUPERIOR COURT JUDGE (706) 823-4424
AUGUSTA JUDICIAL CIRCUIT
ADULT FELONY MENTAL HEALTH &
VETERAN'S TREATMENT COURT PROGRAM
TREATMENT SERVICES CONTRACT
AGREEMENT
THIS AGREEMENT is effective as of this 1st day of December 2018,by and between RICHMOND COUNTY,
a political subdivision of the State of Georgia, acting by and through its governing authority, the Richmond County
Board of Commissioners ("County")in conjunction with the Augusta Judicial Circuit Accountability Court&Family
Counseling Center of the CSRA collectively referred to as the"Parties.") (herein"Contractor,"collectively referred
to as the "Parties.")
This Agreement constitutes the entire understanding between the Augusta Judicial Circuit Adult Felony Mental Health
and Veteran's Treatment Court and Family Counseling Center of the CSRA for the services of chemical
dependency treatment, mental health treatment, and cognitive rehabilitative services and shall not be modified or
altered in any way without the express written agreement of all parties.
WITNESSETH THAT:
WHEREAS,the County and the Augusta Judicial Circuit Adult Felony Mental Health and Veteran's Treatment Court
programs desire to obtain a Contractor to provide services generally described as Adult Felony Mental Health and
Veteran's Courts Treatment Services (the "Work");and
WHEREAS, the County finds that specialized knowledge, skills, and training are necessary to perform the Work
contemplated under this Agreement;and
WHEREAS,the Contractor has represented that it is qualified by training and experience to perform the Work;and,
WHEREAS,the Contractor has agreed to provide such services as outlined in this agreement;and,
WHEREAS, the public interest will be served by this Agreement;and,
NOW,THEREFORE, the Parties hereby do mutually agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Project Description.
The Augusta Judicial Circuit is seeking a qualified professional licensed consultant to provide services for
the Adult Felony Mental Health and Veteran's Court Treatment Court Programs.
B. Scope of Work.
Treatment services will consist of rehabilitative skills building, the development of environmental supports
and resources coordination considered essential to assist a person in improving functioning,gaining access
to necessary services and in creating environments that promote recovery and support the emotional and
functional improvement of the individual. The service activities of case management include:
1. Assistance to the person and other identified recovery partners in the facilitation and coordination of
the Individual Recovery Plan (IRP)including providing skills support in the person's self-articulation of
personal goals and objectives;
2. Planning in a proactive manner to assist the person in managing or preventing crisis situations;
3. Individualized interventions,which shall have as objectives:
a) Identification,with the person, of strengths which may aid him/her in achieving recovery, as well as
barriers that impede the development of skills necessary for functioning in work,with peers,and with
family/friends;
b) Support to facilitate enhanced natural supports (including support/assistance with defining what
wellness means to the person in order to assist them with recovery-based goal setting and attainment);
c) Assistance in the development of interpersonal, community coping and functional skills (which may
include adaptation to home, adaptation to work, adaptation to healthy social environments,
learning/practicing skills such as personal financial management, medication self-monitoring,
symptom self-monitoring,etc);
d) Encouraging the development and eventual succession of natural supports in living,learning,working,
and other social environments;
e) Assistance in the acquisition of skills for the person to self-recognize emotional triggers and to self-
manage behaviors related to the behavioral health issue;
f) Assistance with personal development, work performance, and functioning in social and family
environments through teaching skills/strategies to ameliorate the effect of behavioral health
symptoms;
h)Assistance in enhancing social and coping skills that ameliorate life stresses resulting from the person's
mental illness/addiction;
i) Service and resource coordination to assist the person in gaining access to necessary rehabilitative,
medical,social and other services and supports;
j) Assistance to the person and other supporting natural resources with illness understanding and self-
management (including medication self-monitoring);
k)Any necessary monitoring and follow-up to determine if the services accessed have adequately met the
person's needs;
1) Identification,with the individual and named natural supporters,of risk indicators related to substance
related disorder relapse, and strategies to prevent relapse.
4.Treatment services are provided in order to promote stability and build towards functioning in their daily
environment. Stability is measured by a decreased number of incarcerations and hospitalizations, by
decreased frequency and duration of crisis episodes and by increased and/or stable participation in
community/work activities. Supports based on the person's needs are used to promote recovery while
understanding the effects of the mental illness and/or substance use/abuse and to promote functioning.
The Community Support staff will serve as the primary coordinator of behavioral health services and will
provide linkage to community; general entitlements; and psychiatric, substance use/abuse, medical
services, crisis prevention and services.
5. Treatment services will assist with data collection as needed by the Court and complete the necessary
risk/needs assessment prior to entry into the Mental Health or Veteran's Treatment Court.A designated
treatment staff member will also attend the bi- weekly staffing and court sessions. The designated
treatment staff member will also notify the Adult Felony Accountability Court Coordinator of
participant's compliance and non-compliance.
6. Treatment services will link participants with the appropriate level of treatment in the community. This
treatment can include linkage to a private psychiatrist and therapist if private insurance is available. This
treatment can also include linkage to the local Community Service Board for indigent or state-served
clients.
7. Treatment services will be an ongoing process to link participants to the following services: group
counseling, individual counseling, drug testing, psychosocial rehabilitation, family support, medication
management, family counseling, gender specific counseling, domestic violence counseling, health
screening,assessment and counseling for co-occurring substance use issues.Ancillary services will include
but are not limited to:employment counseling and assistance,educational component,medical and dental
care, transportation, housing, mentoring and alumni groups, and assistance with government
funded/community based assistance programs.
C. Prior to Entry.
The Contractor shall administer a court-approved, risk assessment to each proposed Mental Health and
Veteran's Treatment Court candidate referred to the Contractor within one(1) calendar week of the District
Attorney's approval of the candidate's entry into the program. A copy of each assessment shall be sent to
the adult felony accountability court coordinator for record keeping purposes.
D. Individualized Clinical Assessments/Evaluations.
Within one (1) week of a participant's entry into the program, the Contractor shall administer an
Individualized Clinical Assessment/Evaluation and provide its findings to the adult felony accountability
court Mental Health and Veteran's Treatment Court Program Coordinator within one (1) calendar week.
Types of information obtained through the Assessment/Evaluation would include,but not be limited to:
1.Alcohol and/or other Drug Use History;
2. Mental Health History and Diagnosis;
3. Physical Health History;
4. Education;
5. Emotional/Health Barriers;
6. Employment;
7. Family Dynamics;
8. Housing;
9. Spirituality;
10. Social Support Systems;
11. Transportation;
12. Treatment History;
13. Criminal History;
14. Special Population needs [to include]:
a. Based in choice of drugs;
b. Co-existing Disorders;
c. Gender,Ethnic, and Cultural Considerations;
d. Other Health Issues [i.e. HIV,Hepatitis C, etc.];
e. Sexual Orientation;
f. Domestic Violence;
g. Sexual Abuse.
15.All assessments must include a diagnosis,treatment recommendation(s),and justification for referral
into the Mental Health or Veteran's Treatment Court Program signed by a Certified Addictions
Counselor Level II or equivalent.
E. Treatment Plan.
As part of the clinical intake process, the Contractor shall develop a participant-specific treatment plan
(inclusive of relapse prevention methods) with measurable goals and objectives and provide the plan to the
adult felony accountability court Mental Health and Veteran's Treatment Court Program Coordinator.
1.A copy of the Treatment Plan for each participant must be provided to the coordinator within the first
two (2) weeks of the initial counseling session outlining the short and long-term goals the participant
will work on over the full treatment period.
2.All progress notes must reflect how the participant is working towards their goal completion.
3. Monthly progress summaries must show how participants are progressing toward their goals and the
Treatment Providers overall impression of how they believe the participant is progressing in treatment
and meeting their goals. The Contractor will provide copies of these summaries to the Coordinator
by the 10th day of each following month.
4. Complete documentation of the overall treatment regimen and curricula being used to progress a
participant through the phases of their program (i.e. Phase I, II, III) including goals, milestones, etc.
that participants must demonstrate before being recommended to advance phases.
F. Intensive Outpatient Treatment Services.
The Contractor shall offer all participants a clinically sound and evidence-based, multi-phase alcohol and
drug treatment program consisting of a Court-approved treatment curriculum. Both parties acknowledge
that the treatment curriculum is subject to change upon discussion and agreement of the parties.
Ultimately, the Contractor must adhere to any state treatment standards for such services.
1. Content of Individual/Group Treatment Sessions.
Individual and Group treatment sessions shall consist of education/skill building and therapy. The
sessions shall address addiction,relapse prevention planning, criminogenic thinking errors, life skills,
anger management, parenting, bereavement, sexual relationships, gender specific,
health/medical/medical,personal safety planning,and other clinically relevant treatment issues.
2. Structure of Group Sessions.
All treatment/education programs may be open-ended; however a procedure should be established to
orient new group members to the open-ended treatment group.
3. Time of delivery of treatment services.
Treatment will be offered Monday—Friday to accommodate two (2) group sessions (Males & Females
for phases 1 — 3 and phases 4 & 5). Additionally groups may be provided in the evening, weekends,
and/or during any reasonable and mutually agreed upon times amenable to the Contractor's schedule.
The Contractor may(at times not specified herein)be asked to assist with'emergency/crisis management
services and/or drug screening.
4. Family.
The Contractor may upon his/her discretion discuss matters with participants'family members only upon
proper execution of consent/release documents by the participant.
5. Outsourcing;Residential;Psychological and Psychiatric Services.
The Contractor will assist with referrals of participants who need residential treatment and/or outsource
additional treatment options. The Contractor will assist with the referral of participants with suspected
psychological or psychiatric issues to a treatment referral source and will communicate such suspected
issues to the Court or its designated liaison including the plan of action related to the referral needed.
6. Number of Participants.
The Court makes no assurances as to any minimum number of participants to be referred to the
Contractor at any given time.
G.Additional Specification.
RESERVED
H. Educational Training.
A member of the treatment staff will be required to attend annual state training conferences or any additional
training the Court deems necessary.
I. Communication.
The Contractor shall utilize the adult felony accountability court Mental Health and Veteran's Treatment
Court Program Coordinator as the Centralized clearinghouse of information/communications.
a.The Contractor shall communicate with the adult felony accountability court adult Mental Health and
Veteran's Treatment Court Program Coordinator immediately (within reason) after a participant
violation in addition to weekly progress reports.
1. Weekly treatment reports shall consist of general details as to the participants who received
treatment and/or case management for the week, their compliance and/or non-compliance with
treatment or case management, and their treatment status. A reporting form will be provided to
the Court every Tuesday,by 12:00 pm.
2. The Contractor is expected to maintain a confidential notes system (that is not shared with the
Superior Court unless requested and/or such sharing is deemed necessary by the Contractor) of
relevant information shared with the Contractor by participants during treatment or case
management sessions in accordance with recognized treatment protocols.
a. The Contractor shall meet weekly (and/or at such dates/times deemed necessary by the adult
felony accountability court Mental Health and Veteran's Treatment Court Program Coordinator
so that there may be a "briefing" (or information gathering session) as to the participants who
received (and/or are to receive) treatment services for that week.
b. In the event that the Contractor determines that a participant needs case management/ancillary
services, the Contractor shall provide case management services to the participant with
notification given to the adult felony accountability court Mental Health and Veteran's
Treatment Court Program Coordinator.
c. The Contractor shall review all relevant information maintained by the adult felony
accountability court Mental Health and Veteran's Treatment Court Program Coordinator
(and/or posted in a designated information posting site/location)which may be relevant to
treatment such as changes in address,medication(s),health, drug screens,etc.
d. The Contractor shall attend all Mental Health and Veteran's Treatment Court "staffings"
sessions and/or participant or court reviews.
J. Emergency/Call Status.
The Contractor shall assure for after-hours (inclusive of weekends) emergency treatment services/assistance
to participants on an on-call basis. An on-call calendar shall be developed and distributed by the Mental
Health and Veteran's Treatment Court Program Coordinator after consultation with the Contractor: The
Contractor shall exercise his/her professional discretion as to how to resolve the emergency and shall report
the incident to the adult felony accountability court Mental Health and Veteran's Treatment Court Program
Coordinator no later than the following business day.
K. Trainings and Court Sessions.
The successful candidate must comply with all of the requirements of the federal and state standards and
the funding sources. This includes:
1.Adult Felony Mental Health Court Treatment Standards
http://www.georgiacourts.org/sites/default/files/Accountability%20Courts/Standards/Section%2
OIV%20Adult%20Mental%20Health%20C ours%20Treatment%20Standards.pdf
Adult Felony Veteran's Treatment Court Treatment Standards
http://www.gaaccountabilitycourts.org/Veterans%20Court%20Standards,%2012.19.17.pdf
3. National Drug Court Standards: http://nadcp.org/Standards
4. Maintain enrollment as a DBHDD substance abuse provider: http://dbadd.georgia.gov/providers
6. Maintain a Health Care Facility License: http://dch.georgia.gov/facility-licensure
7. Model Code of Conduct for Court Professionals: https://nacmnet.org/ethics/index.html
8. The contractor must attend state training and national training when funded as directed by the court.
9. The contractor must complete the Essential Elements of Adult Drug Courts online training:
https://courses.ncsc.org/course/NDCI Essentials
The Contractor will not charge the Court for attendance, by any of its personnel, of any court-sanctioned
trainings, conferences, programs, or court sessions. Such attendance is covered by the overall scope of
services of treatment.
L. Drug Testing.
The Contractor will create a system to schedule, announce, observe, collect, and confirm random and
frequent drug screenings for AM and PM sessions on all participants.Participants will be tested at least three
times weekly.
1. The Contractor will provide for observed collection and temporary storage of the specimens at no
additional cost as part of its services. All testing will be done using the Mental Health and Veteran's
Treatment Court's approved drug testing protocols. (See Exhibit"D")
2. The Contractor will provide a means of daily transportation of all urine drug screens to the Augusta
Richmond County Courthouse located at 735 James Brown Blvd.Augusta, GA 30901.
3. All urine drug screens must be documented with signature of persons conducting screens in order to
ensure proper chain of evidence.
4. The Adult Felony Accountability Court Mental Health and Veteran's Treatment Court Program
Coordinator shall have reasonable access to the drug laboratory and/or specimen storage locations to
conduct audits.
M. Schedule, Completion Date, and Term of Agreement.
Contractor warrants and represents that it will perform its services in a prompt and timely manner,which
shall not impose delays on the progress of the Work. This Agreement shall commence upon execution of
the Agreement by both parties and remain in effect for a period of one (1) year. This contract may be
renewed by the parties for up to four (4) additional one year periods. In the event of termination of this
Agreement by Contractor or by the Court the Contractor shall be entitled to receive payment only for work
actually performed prior to termination.
II.WORK CHANGES
A. Work Changes Requested.
The Court reserves the right to order changes in the Work to be performed under this Agreement by altering,
adding to, or deducting from the Work. All such changes shall be incorporated in written change orders
executed by the Contractor and the Court. Such change orders shall specify the changes ordered and any
necessary adjustment of compensation and completion time. The parties will negotiate to reach an
agreement. If an agreement cannot be reached,the original contract scope of work stands.
B. Work Added.
Any Work added to the scope of this Agreement by a change order shall be executed under all the applicable
conditions of this Agreement. No claim for additional compensation or extension of time shall be
recognized, unless contained in a written change order duly executed on behalf of the County and the
Contractor.
C.Authorized Change Orders.
The Superior Court Judge assigned to the Mental Health and Veteran's Treatment Courts and the Trial
Court Administrator, shall have the authority to execute any change orders agreed upon, by both the
Contractor and the Court,as stated above, so long as their total effect does not materially alter the terms of
this Agreement or materially increase the total amount to be paid under this Agreement, as set forth in
Section III below.
III. COMPENSATION AND METHOD OF PAYMENT
A. Treatment Services.
The Contractor shall be compensated for services provided,as follows:
The Contractor will be paid at the flat,monthly rate of$14,000. This flat rate will cover the treatment of up
to 50 Mental Health Court participants and 50 Veteran's Treatment Court participants during any month
within the contract period. Should the number of participants exceed 50 Mental Health Court participants
and 50 Veteran's Treatment Court participants during this period, both parties shall negotiate to reach an
agreement on new payment terms;however,no claim for additional compensation will be recognized,unless
contained in a written change order duly executed on behalf of the County and the Contractor.
B. Contractor Services.
1. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to
perform the services as an independent contractor and not as the agent or employee of the Court. The
Contractor agrees to be solely responsible for its own matters relating to the time and place the services
are performed;the instrumentalities,tools,supplies and/or materials necessary to complete the services;
hiring of Contractors, agents or employees to complete the services; and the payment of employees,
including compliance with Social Security,withholding and all other regulations governing such matters.
The Contractor agrees to be solely responsible for its own acts and those of its subordinates,employees,
and subcontractors during the life of this Agreement Any provisions of this Agreement that may appear
to give the Court the right to direct Contractor as to the details of the services to be performed by
Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor
shall follow the directions of the Court with regard to the results of such services only.
2. The Contractor shall furnish in totality all labor, materials, and other equipment necessary to provide
alcohol and substance abuse treatment,case management services,data entry,billing,reporting,copying,
printing, ancillary services, and case management and other services as identified to the participants of
the Augusta Judicial Circuit Adult Felony Accountability Court.
3.The Contractor will provide all necessary labor for alcohol and drug testing to include creatinine levels of
all SCMHC participants to be tested twice each week.
4. The Contractor will agree to appoint and provide a consistent, knowledgeable representative to attend
weekly staffing and Court sessions and provide them with copies of the ACCM progress notes for each
team member.
5. The Contractor will agree to have adequate meeting space available for all Court participant groups easily
accessible public transportation.
6. The Contractor will conduct multiple group therapy sessions specific to and for participants in various
phases. The Contractor will provide such groups during the evening,weekdays,weekends and any time
needed. Such groups will last an hour and a half to three hours with breaks as needed. The Contractor
will be aware that different phases of the program may be conducted at simultaneous times during the
week. The Contractor will provide for individual counseling as warranted by individual participants
throughout the program.
7. The Contractor will agree to report and provide all treatment information to the Adult Felony
Accountability Court Coordinator and its affiliates as requested, including but not limited to, treatment
plans,information shared in group, and drug/alcohol screen results. The Contractor will keep the Court
current using the Court's case management software (ACCM-5 Points).
8. The Contractor will agree that they will be a member of the Augusta Judicial Circuit Adult Felony
Accountability Court Programs, but not necessarily a management member. The Judge, the Superior
Court Administrator,and the Coordinator make all final administrative decisions.
9.As funding permits,the Contractor is required to send staff to state and national training.
C. Evaluations/Assessments.
The Contractor shall conduct evaluations/assessments and draft the resulting Treatment Plans for those
participants evaluated/assessed who are not covered by Medicaid, Medicare, or State Contracted services.
In the event that the participant has another source of payment there will be no cost to the Court for these
evaluations.
D. Invoices & Payments.
The Contractor and the Court shall agree upon a standard billing format, to include invoice content,
as well as supporting documentation to be provided to the Court with all monthly invoices.The Contractor
shall submit all invoices to the Coordinator by the 5th day of each month for all services rendered the
previous month. On receipt, the Court will verify all information therein in a reasonable and timely manner
and then forward the documentation to the Augusta-Richmond County Finance Department for payment
processing.
E. Expertise of Contractor.
The Contractor accepts the relationship of trust and confidence established between it and the County,
recognizing that the Court's intention and purpose in entering into this Agreement is to engage an entity
with the requisite capacity, experience, skill, and judgment to provide services in pursuit of the timely and
competent completion of the Work undertaken by the contractor under this Agreement.
F. Court's Reliance on the Work.
The Contractor acknowledges and agrees that the Court does not undertake to approve or pass upon matters
of expertise of the Contractor and, therefore, the Court bears no responsibility for Contractor's services
performed under this Agreement.
G. Contractor's Representative.
Celina Keys, Clinical Director shall be authorized to act on the Contractor's behalf with respect to
the coordination of the Work, as the Contractor's designated representative.
H.Assignment of Agreement.
The Contractor covenants and agrees not to assign or transfer any interest in,nor delegate any duties of this
Agreement, without prior express written consent of the Court. As to any approved subcontractors, the
Contractor shall be solely responsible for reimbursing them and the Court shall have no obligation to do so.
I. Responsibility of Contractor and Indemnification of the County/the Court.
The Contractor covenants and agrees to take and assume all responsibility for the services rendered in
connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly
resulting to it on account of the performance or character of the services rendered pursuant to this
Agreement. Contractor shall defend, indemnify and hold harmless the Court, the County, its officers,
boards, commissions, elected officials, employees and agents from and against any and all claims, suits,
actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees,
which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of
contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly
employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor
may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to negate,abridge,or otherwise reduce any other right or
obligation of indemnity which would otherwise exist as to any party or person described in this provision.
In any and all claims against the Court, the county, or any of its agents or employees by any employee of
the Contractor,any subcontractor, anyone directly or indirectly employed by the
Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may
be liable, the indemnification obligation set forth in this provision shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable by or
for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts. This obligation to indemnify and defend the Court and the
County, its members, officers, agents, employees and volunteers shall survive termination of this
Agreement.
J. Insurance.
(1) Requirements:
Contractor agrees to maintain, at a minimum, general liability insurance, workers' compensation
insurance and professional liability insurance. In addition, contractor shall indemnify and hold harmless
Augusta Judicial Circuit Felony Adult Mental Health and Veteran's Treatment Court and the Richmond
County Board of Commissioners and its agent, servants and/or employees from all claims, actions,
lawsuits, damages,judgments or liabilities arising out the treatment services provided.
K. Records and Reports.
(1) Records:
(a.) Records shall be established and maintained by the Contractor in accordance with requirements
prescribed by the Court with respect to all matters covered by this Agreement. Except as otherwise
authorized, such records shall be maintained for a period of three years from 'the date that final
payment is made under this Agreement. Furthermore,records that are the subject of audit findings
shall be retained for three years or until such audit findings have been resolved,whichever is later.
(b.) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers, or other official documentation evidencing in proper detail the nature and propriety of
the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting
documents pertaining in whole or in part to this Agreement shall be clearly identified and readily
accessible.
(2) Reports and Information:
Upon request,the Contractor shall furnish to the Court any and all statements,records,reports,data and
information related to matters covered by this Agreement in the form requested by the Court.
L. Conflicts of Interest.
Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the
Richmond County Code of Ethics.
M. Confidentiality.
Contractor acknowledges that it may receive confidential information of the Court and that it will protect
the confidentiality of any such confidential information and will require any of its subcontractors,
consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that
confidential information it receives or such reports, information, opinions or conclusions that Contractor
creates under this Agreement shall not be made available to, or discussed with, any individual or
organization, including the news media,without prior written approval of the Court. The Contractor shall
exercise reasonable precautions to prevent the unauthorized disclosure and use of Court information
whether specifically deemed confidential or not.
(1) The Contractor shall not disclose to anyone or any entity other than the designated Court Staff or
other court-approved individuals,any description or information concerning the work produced as a
result of this Agreement without written permission of the Court.
(2) The Contractor acknowledges that in receiving, storing, processing, sharing, or otherwise using or
dealing with any treatment information, the Contractor is bound by all Federal and State laws and
regulations that govern and guarantee the treatment rights of individuals receiving substance abuse
treatment services.
(3) The Contractor shall comply with all confidentiality laws and shall be familiar with the following
monograph: Federal Confidentiality Laws and how they affect Mental Health/Mental Health and
Veteran's Treatment Court Practitioners, National Mental Health/Mental Health and Veteran's
Treatment Court Institute (1999).
(4) The Contractor shall comply with all HIPAA and related laws and regulations dealing with releasing
and sharing and medical and health care information. The Contactor shall ensure that it and its
employees and agents use and disclose "Protected Health Information" of patients (as defined in the
Health Insurance Portability and Accountability Act("HIPAA") privacy roles at 45 C.F.R. § 164.501,
et seq.) that The Contractor receives pursuant to this Agreement only to the extent necessary: (i) to
perform its specific obligations under this Agreement; and (ii) for its own management and
administration and to carry out its legal responsibilities in compliance with 45 C.P.R.§
164.504(e)(2)(i)(A), (e)(4), and all other current or future applicable laws or regulations. Nothing in
this Agreement shall be deemed to authorize The Contractor to use or disclose Protected Health
Information in violation of any applicable law or regulation, including but not limited to HIPAA
privacy rules at 45 C.F.R§ 164.501,et seq.
(5) The Contractor shall obtain appropriate releases/waivers before releasing a participant's treatment
information.
(6) The Contractor shall make every effort to ensure that confidentiality of participant's identity and
information is maintained,inclusive of but not limited to ensuring that the treatment location is secure
(and not within the hearing range of outsiders), as well as educating participants about the
confidentiality of group/individual treatment sessions.
(7) The Contractor shall maintain confidentiality of Mental Health and Veteran's Treatment Court
participants separate from information on participants in any of its other programs at all times,
regardless of relationship or family involvement among these participants. All confidentiality laws
related to obtaining appropriate releases/waivers shall be followed by all concerned parties should
information need to be disclosed for treatment purposes.
N. Licenses. Certifications and Permits.
The Contractor covenants and declares that it has obtained all diplomas,certificates,licenses,permits or the
like required of the Contractor by any and all national, state, regional, county, local boards, agencies,
commissions, committees or other regulatory bodies in order to perform the services contracted for under
this Agreement. All work performed by the Contractor under this Agreement shall be in accordance with
applicable legal requirements and shall meet the standard of quality ordinarily expected of competent
professionals.
The Contractor must have, or be in the process of obtaining under clinical supervision, a professional
counseling certification or similar training related to alcohol and substance abuse and applicable insurance.
Such certification(or training) and insurance must be maintained during the duration of the contract period.
Such training must meet the Treatment Standards/Provider Qualifications as established and/or updated by
Georgia's Council of Accountability Court Judges,incorporated herein by reference as Exhibit"C".
If a provider in the employ of the Contractor is in the process of obtaining certification, he/she shall be
responsible for maintaining requisite supervision by a,licensed individual. Said supervisor shall be approved
by the Mental Health and Veteran's Treatment Court Program Coordinator and there shall be a
confidentiality agreement between the Contractor and the supervisor.
The Contractor shall comply with all laws of the State of Georgia and United States, as well as treatment
and social work and/or professional counseling ethical standards and shall maintain requisite certifications,
licensures, and insurance necessary for delivery of services described herein and subject to the Court's
approval.
The Contractor will have a history of service in the field of mental health, substance abuse, knowledge of
the criminal justice system,and an understanding of the Accountability Court concept.
O. Key Personnel.
The Contractor is responsible for maintaining the staff necessary for completion of the Work (i.e.
Counselor's, Case managers (see Exhibit "D"), etc.). All of the individuals identified in Exhibit "B" are
necessary for the successful execution of the Work due to their unique expertise and depth and breadth of
experience. There shall be no change in Contractor's Project Manager or members of the project team, as
listed in Exhibit"B",without written approval of the Court.The Contractor recognizes that the composition
of this team was instrumental in the Circuit's decision to award the work to the Contractor and that
compelling reasons for substituting these individuals must be demonstrated for the Circuit's consent to be
granted.Any substitutes shall be of comparable or superior expertise and experience. Failure to comply with
the provisions of this section shall constitute a material breach of Contractor's obligations under this
Agreement and shall be grounds for termination. The Contractor shall not subcontract with any third party
for the performance of any portion of the Work without the prior written consent of the Court. Contractor
shall be solely responsible for any such subcontractors in terms of performance and compensation.
P.Authority to Contract.
The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors,
stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind
Contractor to the terms of this Agreement,if applicable.
V. COVENANTS OF THE COUNTY
A. Right of Entry.
The Court shall provide for right of entry for Contractor and any necessary equipment in order for
Contractor to complete the Work.
B. County's Representative.
The Superior Court Judge assigned to Drug Court or the Trial Court Administrator shall be authorized to
act on the County's behalf with respect to the Work as the County's designated representative.
VI.TERMINATION
A. Right to Terminate.
The Court shall have the right to terminate this Agreement for any reason whatsoever by providing written
notice thereof at least five (5) calendar days in advance of the termination date. The Contractor shall have
the same right to terminate this Agreement, including but not limited to the Circuits failure to pay the
Contractor in a timely manner.
B. Cause or Other Performance Defect.
The Court shall also have the right to terminate this Agreement or any services noted herein for cause or
other performance defect with forty-five (45) days written notice to the Contractor. The Court shall also
have the right to terminate this Agreement or any services noted herein without cause should budgeted
and/or grant funds not be available.
C.Termination and Payment.
Upon termination,the Court shall provide for payment to the Contractor for services rendered and expenses
incurred prior to the termination date.
D.Termination and Services.
Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice
directs otherwise.
E. Rights and Remedies.
The rights and remedies of the Court and the Contractor provided in this Section are in addition to any
other rights and remedies provided under this Agreement or at law or in equity.
VII.NO PERSONAL LIABILITY
No member,official or employee of the County shall be personally liable to the Contractor or any successor in
interest in the event of any default or breach by the County or for any amount which may become due to the
Contractor or successor or on any obligation under the terms of this Agreement. Likewise) Contractor's
performance of services under this Agreement shall not subject Contractor's individual employees, officers or
directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim,demand or suit
shall be directed and/or asserted only against Contractor or the County, respectively, and not against any
employee,officer,director, or elected or appointed official.
VIII. ENTIRE AGREEMENT
This Agreement constitutes the complete agreement between the Parties and supersedes any and all other
agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement.
No other agreement, statement or promise relating to the subject matter of this Agreement not contained in
this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written
document signed by representatives of both Parties with appropriate authorization.
IX. SUCCESSORS AND ASSIGNS
Subject to the provision of this Agreement regarding assignment,this Agreement shall be binding on the heirs,
executors, administrators, successors and assigns of the respective Parties.
X.APPLICABLE LAW
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rule
regulations,statutes and laws of the State of Georgia will control.
XI. CAPTIONS AND SEVERABILITY
The caption or head note on articles or sections of this Agreement are intended for convenience and reference
purposes only and in no way define,limit or describe the scope or intent thereof, or of this Agreement nor in
any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed
unenforceable by a court of competent jurisdiction,the offending portion of the Agreement should be severed
and the remainder of this Agreement shall remain in full force and effect to the extent possible.
XII.NOTICES
A. Communications Relating to Daily Activities.
All communications relating to the day-to-day activities of the Work shall be exchanged between the
Superior Court Judge assigned to Drug Court(or designee) for the Court and Celina Keys for the Contractor.
B. Official Notices.
All other notices,writings or correspondence as required by this Agreement shall be in writing and shall be
deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the
postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual
delivery when sent via national overnight commercial carrier to the Parties at the addresses given below,
unless a substitute address shall first be furnished to the other Parties by written notice in accordance
herewith:
NOTICE TO THE COUNTY shall be sent to:
James G. Blanchard,Jr.
Judge of Superior Court
P.O. Box 2656
Evans, Georgia 30809
NOTICE TO THE CONTRACTROR shall be sent to:
Joella Banks
Executive Director
Family Counseling Center of the CSRA,Inc.
3351 Wrightsboro Rd.
Augusta, GA 30909
XIII.WAIVER OF AGREEMENT
The County's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not
be construed as a general waiver of any future breach or default.
XIV. SOVEREIGN IMMUNITY
Nothing contained in this Agreement shall be construed to be a waiver of the County's sovereign immunity or
any individual's qualified good faith or official immunities.
XV.FORCE MAJEURE
Neither the County nor Contractor shall be liable for their respective non-negligent or non-willful failure to
perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any
of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a)
any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable
governmental rules or regulations rendering the performance of any portion of this Agreement legally
impossible;(d) earthquake,fire,explosion or flood;(e) strike or labor dispute,excluding strikes or labor disputes
by employees and/or agents of THE CONTRACTOR;(f) delay or failure to act by any governmental or military
authority; or (g) any war,hostility, embargo, sabotage, civil disturbance, riot,insurrection or invasion. In such
event,the time for performance shall be extended by an amount of time equal to the period of delay caused by
such acts and all other obligations shall remain intact.
[THIS SPACE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF the County and the Contractor have executed this Agreement effective as of the date
the Chairman executes this Agreement on behalf of the County.
CONTRACTOR
oella Banks Famil Counselin I of the CSRA Inc.
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EXHIBIT "A"—Key Personnel
The following individuals are designated as Key Personnel under this Agreement and as such are necessary for the
successful execution of the Work:
Employee Position
EXHIBIT "B"—Adult Felony Mental Health Court Standards
1. Planning and Administration.
A broad-based group of stakeholders representing the criminal justice,mental health, substance abuse treatment,
and related systems and the community guides the planning and administration of the court.
1.1 Mental health courts are situated at the intersection of the criminal justice,mental health, substance abuse
treatment, and other social service systems. Their planning and administration should reflect extensive
collaboration among practitioners and policymakers from those systems, as well as community members.
To that end, a multidisciplinary"planning committee" should be charged with designing the mental health
court. Along with determining eligibility criteria, monitoring mechanisms, and other court processes, this
committee should articulate clear, specific, and realizable goals that reflect agreement on the court's
purposes and provide a foundation for measuring the court's impact (see Standard 10: Sustainability).
1.2 The planning committee should identify agency leaders and policymakers to serve on an "advisory group"
(in some jurisdictions members of the advisory group will also make up the planning committee)responsible
for monitoring the court's adherence to its mission and its coordination with relevant activities across the
criminal justice and mental health systems. The advisory group should suggest revisions to court policies
and procedures when appropriate and should be the public face of the mental health court in advocating
for its support. The planning committee should address ongoing issues of policy implementation and
practice that the court's operation raises. Committee members should also keep high-level policymakers,
including those on the advisory group,informed of the court's successes and failures in promoting positive
change and long-term sustainability (see Standardl0: Sustainability). Additionally, by facilitating ongoing
training and education opportunities, the planning committee should complement and support the small
team of professionals who administer the court on a daily basis, the "court team" (see Standard 8: Court
Team). The planning committee should meet at least semi-annually.
1.3 In many jurisdictions, the judiciary will ultimately drive the design and administration of the mental health
court. Accordingly, it should be well represented on and take a visible role in leading both the planning
committee and advisory group.
1.4 Pursuant to O.C.G.A. 15-1-16,each mental health court division shall establish a planning group to develop
a written work plan. The planning group shall include judges, prosecuting attorneys, sheriffs or their
designees,public defenders, probation officers, and persons having expertise in the field of mental health.
The work plan shall address the operational, coordination, resource, information management, and
evaluation needs of the mental health court division. The work plan shall include written eligibility criteria
for the mental health court division. The mental health court division shall combine judicial supervision,
treatment of participants,and drug and mental health testing.
2. Target Population.
Eligibility criteria address public safety and consider a community's treatment capacity,in addition to the availability
of alternatives to pretrial detention for defendants with mental illnesses. Eligibility criteria also take into account
the relationship between mental illness and a defendant's offenses,while allowing the individual circumstances of
each case to be considered.
2.1 Because mental health courts are, by definition, specialized interventions that can serve only a portion of
defendants with mental illness, careful attention should be paid to determining their target populations.
2.2 Mental health courts should be conceptualized as part of a comprehensive strategy to provide law
enforcement,court,and corrections systems with options other than arrest and detention for responding to
people with mental illnesses. Such options include specialized police-based responses and pretrial services
programs.For those individuals who are not diverted from arrest or pretrial detention,mental health courts
can provide appropriately identified defendants with court-ordered, community based supervision and
services.Mental health courts should be closely coordinated with other specialty or problem-solving court-
based interventions,including drug courts and community courts,as target populations are likely to overlap.
2.3 Clinical eligibility criteria should be well defined and should be developed with an understanding of
treatment capacity in the community. Mental health court personnel should explore ways to improve the
accessibility of community-based care when treatment capacity is limited and should explore ways to
improve quality of care when services appear ineffective (see Standard 6:Treatment Supports and Services).
2.4 Mental health courts should also focus on defendants whose mental illness is related to their current
offenses. To that end, the planning committee should develop a process or a mechanism, informed by
mental health professionals,to enable staff charged with identifying mental health court participants to make
this determination.
2.5 Pursuant to O.C.G.A. §15-1-16,defendants charged with murder,armed robbery,rape,aggravated sodomy,
aggravated sexual battery, aggravated child molestation, or child molestation shall not be eligible for entry
into the mental health court division, except in the case of a separate court supervised reentry program
designed to more closely monitor mentally ill offenders returning to the community after having served a
term of incarceration. Any such court supervised, community reentry program for mentally ill offenders
shall be subject to the work plan as provided for in this document.
3. Timely Participant Identification and Linkage to Services.
Participants are identified, referred, and accepted into mental health courts, then linked to community-based
service providers as quickly as possible.
3.1 Providing safe and effective treatment and supervision to eligible defendants in the community,as opposed
to in jail or prison, is one of the principal purposes of mental health courts. Prompt identification of
participants accelerates their return to the community and decreases the burden on the criminal justice
system for incarceration and treatment.
3.2 Mental health courts should identify potential participants early in the criminal justice process by welcoming
referrals from an array of sources such as law enforcement officers, jail and pretrial services staff, defense
counsel, judges, and family members. To ensure accurate referrals, mental health courts must advertise
eligibility criteria and actively educate these potential sources. In addition to creating a broad network for
identifying possible participants, mental health courts should select one or two agencies to be primary
referral sources that are especially well versed in the procedures and criteria.
3.3 The coordinator, prosecutor, defense counsel, and a mental health professional should quickly review
referrals for eligibility. When competency determination is necessary,it should be expedited, especially for
defendants charged with misdemeanors.The time required to accept someone into the program should not
exceed the length of the sentence that the defendant would have received had he or she pursued the
traditional court process. Final determination of eligibility should be a team decision (see Standard 8: Court
Team).
3.4 The time needed to identify appropriate services,the availability of which may be beyond the court's control,
may constrain efforts to identify participants rapidly (see Standard 6: Treatment Supports and Services).
This is likely to be an issue especially in felony cases, when the court may seek services of a particular
intensity to maximize public safety.Accordingly,along with connecting mental health court participants to
existing treatment, officials in criminal justice, mental health, and substance abuse treatment should work
together to improve the quality and expand the quantity of available services.
4. Terms of Participation.
Terms of participation are clear, promote public safety, facilitate the defendant's engagement in treatment, are
individualized to correspond to the level of risk that the defendant presents to the community, and provide for
positive legal outcomes for those individuals who successfully complete the program.
4.1 Mental health courts need a written handbook for plea agreements, program duration, supervision
conditions, and the impact of program completion. Within these parameters, the terms of participation
should be individualized to each defendant and should be put in writing prior to his or her decision to enter
the program. The terms of participation will likely require adherence to a treatment plan that will be
developed after engagement with the mental health court program, and defendants should be made aware
of the consequences of noncompliance with this plan.
4.2 Whenever plea agreements are offered to people invited to participate in a mental health court,the potential
effects of a criminal conviction should be explained. Collateral consequences of a criminal conviction may
include limited housing options, opportunities for employment, and accessibility to some treatment
programs. It is especially important that the defendant be made aware of these consequences when the only
charge he/she is facing is a misdemeanor, ordinance offense, or other nonviolent crime.
4.3 The length of mental health court participation should not extend beyond the maximum period of
incarceration or probation a defendant could have received if found guilty in a more traditional court
process. In addition,program duration should vary depending on a defendant's program progress. Program
completion should be tied to adherence to the participant's court-ordered conditions and the strength of
his/ her connection to community treatment. The minimum length for a misdemeanor program should be
12 months and 18 months for a felony program.
4.4 Least restrictive supervision conditions should be considered for all participants, especially those charged
with misdemeanors. Highly restrictive conditions increase the likelihood that minor violations will occur,
which can intensify the involvement of participants in the criminal justice system. When a mental health
court participant completes the terms of his/her participation in the program,there should be some positive
legal outcome.When the court operates on a pre-plea model,a significant reduction or dismissal of charges
can be considered. When the court operates in a post-plea model,a number of outcomes are possible such
as early termination of supervision,vacated pleas,and lifted fines and fees.Mental health court participants,
when in compliance with the terms of their participation, should have the option to withdraw from the
program at any point without having their prior participation and subsequent withdrawal from the mental
health court reflect negatively on their criminal case.
4.5 Pursuant to O.C.G.A. §15-1-16, any plea of guilty or nolo contendere entered pursuant to participation in
a mental health court shall not be withdrawn without the consent of the court. In addition, the clerk of the
court instituting the mental health court division or such clerk's designee shall serve as the clerk of the
mental health court division.
5. Informed Choice.
Defendants fully understand the program requirements before agreeing to participate in a mental health court.
They are provided legal counsel to inform this decision and subsequent decisions about program involvement.
Procedures exist in the mental health court to address, in a timely fashion, concerns about a defendant's
competency whenever they arise.
5.1 Defendants' participation in mental health courts is voluntary. But ensuring that participants' choices are
informed,both before and during the program,requires more than simply offering the mental health court
as an option to certain defendants.All participants shall receive a participant handbook upon accepting the
terms of participation and entering the program. Receipt of handbook shall be acknowledged through a
signed form,with an executed copy placed in the court file maintained locally.
5.2 Mental health court administrators should be confident that prospective participants are competent to
participate. Typically, competency determination procedures can be lengthy, which raises challenges for
timely participant identification. This is especially important for courts that focus on defendants charged
with misdemeanors (see Standard 3: Timely Participant Identification and Linkage to Services). For these
reasons, as part of the planning process, courts should develop guidelines for the identification and
expeditious resolution of competency concerns.
5.3 Even when competency is not an issue, mental health court staff must ensure that defendants fully
understand the terms of participation, including the legal repercussions of not adhering to program
conditions. The specific terms that apply to each defendant should be spelled out in writing, such as an
enrollment contract or bond order.Defendants should have the opportunity to review these terms,with the
advice of counsel, before opting into the court.
5.4 Defense attorneys play an integral role in helping to ensure that defendants' choices are informed
throughout their involvement in the mental health court. Courts should make defense counsel available to
advise defendants about their decision to enter the court and have counsel be present at status hearings for
felony defendants.In misdemeanor mental health courts,at a minimum,defense counsel should be available
at the time of enrollment and preferably at any status hearings. It is particularly important to ensure the
presence of counsel when there is a risk of sanctions or dismissal from the mental health court. Defense
counsel participating in mental health courts—like all other criminal justice staff assigned to the court—
should receive special training in mental health issues (see Standard 8: Court Team).
6.Treatment Supports and Services.
Mental health courts connect participants to comprehensive and individualized treatment supports and services in
the community.They strive to use and increase the availability of treatment and services that are evidence-based.
6.1 Mental health court participants require an array of services and supports,which can include medications,
counseling, substance abuse treatment, benefits, housing, crisis intervention services, peer supports, and
case management.Mental health courts should anticipate the treatment needs of their target population and
work with providers to ensure that services will be made available to court participants.
6.2 When a participant is identified and linked to a service provider,the mental health court team should design
a treatment plan that takes into account the results of a complete mental health and substance abuse
assessment,individual consumer needs,and public safety concerns. Participants should also have input into
their treatment plans. The mental health treatment provider(s) will offer at a minimum the core services
outlined in the mental health court treatment standards approved by the Judicial Council.
6.3 A large proportion of mental health court participants have co-occurring substance abuse disorders. The
most effective programs provide coordinated treatment for both mental illnesses and substance abuse
problems.Thus,mental health courts should connect participants with co-occurring disorders to integrated
treatment whenever possible and advocate for the expanded availability of integrated treatment and other
evidence-based practices. Drug testing according to Adult Drug Court Standard 5 should be implemented
for participants with co-occurring substance abuse disorders. Mental health court teams should also pay
special attention to the needs of women and ethnic minorities and make gender-sensitive and culturally
competent services available.
6.4 Treatment providers should remain in regular communication with court staff concerning the
appropriateness of the treatment plan and should suggest adjustments to the plan when appropriate.At the
same time, court staff should check with community-based treatment providers periodically to determine
the extent to which they are encountering challenges stemming from the court's supervision of the
participant.
6.5 Case management is essential to connect participants to services and monitor their compliance with court
conditions. Case managers—whether they are employees of the court, treatment providers, or community
corrections officers—should have caseloads that are sufficiently manageable to perform core functions and
monitor the overall conditions of participation. They should serve as the conduits of information for the
court about the status of treatment and support services.
6.6 Case managers also help participants prepare for their transition out of the court program by ensuring that
needed treatment and services will remain available and accessible after their court supervision concludes.
The mental health court may also provide post-program assistance, such as graduate support groups, to
prevent participants'relapses.
7. Confidentiality.
Health and legal information should be shared in a way that protects potential participants' confidentiality rights
as mental health consumers and their constitutional rights as defendants. Information gathered as part of the
participants'court-ordered treatment program or services should be safeguarded in the event that participants are
returned to traditional court processing.
7.1 To identify and supervise participants,mental health courts require information about their mental illnesses
and treatment plans.When sharing this information, treatment providers and representatives of the mental
health court should consider the wishes of defendants.They must also adhere to federal and state laws that
protect the confidentiality of medical,mental health, and substance abuse treatment records.
7.2 A well-designed procedure governing the release and exchange of information is essential to facilitating
appropriate communication among members of the mental health court team and to protect confidentiality.
Release forms should be part of this procedure.They should be developed in consultation with legal counsel,
adhere to federal and state laws, and specify what information will be released and to whom. Potential
participants should be allowed to review the form with the advice of defense counsel and treatment
providers. Defendants should not be asked to sign release of information forms until competency issues
have been resolved (see Standard 5: Informed Choice).
7.3 When a defendant is being considered for the mental health court,there should not be any public discussions
about that person's mental illness, which can stigmatize the defendant. Even information concerning a
defendant's referral to a mental health court should be closely guarded—particularly because many of these
individuals may later choose not to participate in the mental health court. To minimize the likelihood that
information about defendants' mental illnesses or their referral to the mental health court will negatively
affect their criminal cases,courts whenever possible should maintain clinical documents separately from the
criminal files and take other precautions to prevent medical information from becoming part of the public
record.
7.4 Once a defendant is under the mental health court's supervision, steps should be taken to maintain the
privacy of treatment information throughout his or her tenure in the program.Clinical information provided
to mental health court staff members should be limited to whatever they need to make decisions.
Furthermore, such exchanges should be conducted in closed staff meetings; discussion of clinical
information in open court should be avoided.A set of quality controls/review process shall be in place to
ensure accountability of the treatment provider, including direct observation of treatment by the
coordinator.
8. Court Team.
A team of criminal justice and mental health staff and service and treatment providers receives special, ongoing
training and helps mental health court participants achieve treatment and criminal justice goals by regularly
reviewing and revising the court process.
8.1 The mental health court team works collaboratively to help participants achieve treatment goals by bringing
together staff from the agencies with a direct role in the participants' entrance into, and progress through,
the court program. The court team functions include conducting screenings, assessments, and enrollments
of referred defendants; defining terms of participation; partnering with community providers; monitoring
participant adherence to terms; preparing for all court appearances; and developing transition plans
following court supervision.Team members should work together on each participant's case and contribute
to the court's administration to ensure its smooth functioning.
8.2 The composition of this court team differs across jurisdictions.These variations notwithstanding,it typically
should comprise the following: a judicial officer; a coordinator, a treatment provider or case manager; a
prosecutor; a defense attorney; and, in some cases, a court supervision agent such as a probation officer.
The judge's role is central to the success of the mental health court team and the mental health court
generally.The judge oversees the work of the mental health court team and encourages collaboration among
its members,who must work together to inform the judge about whether participants are adhering to their
terms of participation.
8.3 Mental health court planners should carefully select team members who are willing to adapt to a
nontraditional setting and rethink core aspects of their professional training. Planners should seek criminal
justice personnel with expertise or interest in mental health issues and mental health staff with criminal
justice experience. Planners should also ensure mental health court staff is comfortable with its goals and
procedures.
8.4 Team members should take part in cross-training before the court is launched and during its operation.
Mental health professionals must familiarize themselves with legal terminology and the workings of the
criminal justice system,just as criminal justice personnel must learn about treatment practices and protocols.
Team members should also be offered the opportunity to attend regional or national training sessions and
view the operations of other mental health courts. New team members should go through a period of
training and orientation before engaging fully with the court.
8.5 Periodic review and revision of court processes must be a core responsibility of the court team. Using data,
participant feedback, observations of team members, and direction from the advisory group and planning
committee (see Standard 1: Planning and Administration), the court team should routinely make
improvements to the court's operation.
9. Monitoring Adherence to Court Requirements.
Criminal justice and mental health staff collaboratively monitor participants' adherence to court conditions, offer
individualized graduated incentives and sanctions,and modify treatment as necessary to promote public safety and
participants'recovery.
9.1 Whether a mental health court assigns responsibility for monitoring compliance with court conditions to a
criminal justice agency,a mental health agency, or a combination of these organizations, collaboration and
communication are essential. The court must have up-to-date information on whether participants are
taking medications,attending treatment sessions,abstaining from drugs and alcohol, and adhering to other
supervision conditions. This information will come from a variety of sources and must be integrated
routinely into one coherent presentation or report to keep all court staff informed of participants'progress.
Case staffing meetings provide such an opportunity to share information and determine responses to
individuals' positive and negative behaviors. These meetings should occur regularly and involve key
members of a team, including representatives from the prosecution, defense, treatment providers, court
supervision agency, and the judiciary.
Courts should implement a system for a minimum level of field supervision for each participant based on
their respective level of risk. Field supervision may include unannounced visits to home or workplace and
curfew checks.The level of field supervision may be adjusted throughout the program based on participant
progress and any reassessment process.
9.2 Status hearings allow mental health courts publicly to reward adherence to conditions of participation, to
sanction non-adherence, and to ensure ongoing interaction between the participant and the court team
members. These hearings should be frequent at the outset of the program and should decrease as
participants' progress positively. The mental health court should meet at least once per month for
misdemeanor programs and twice per month for felony programs. Mental health programs should be
structured into a series of phases. The final phase may be categorized as "aftercare/continuing care."
9.3 All responses to participants' behavior,whether positive or negative, should be individualized. Incentives,
sanctions, and treatment modifications have clinical implications. They should be imposed with great care
and with input from mental health professionals.
9.4 Relapse is a common aspect of recovery; non-adherence to conditions of participation in the court is
common. But non-adherence should never be ignored. The first response should be to review treatment
plans, including medications, living situations, and other service needs. For minor violations, the most
appropriate response may be a modification of the treatment plan.
9.5 In some cases,sanctions are necessary.The manner in which a mental health court applies sanctions should
be explained to participants prior to their admittance to the program. As a participant's commission of
violations increases in frequency or severity,the court should use graduated sanctions that are individualized
to maximize adherence to his or her conditions of release.
9.6 Mental health courts should use incentives to recognize good behavior and to encourage recovery through
further behavior modification. Individual praise and rewards, such as coupons, certificates for completing
phases of the program,and decreased frequency of court appearances are helpful and important incentives.
Systematic incentives that track the participants'progress through distinct phases of the court program are
also critical.As participants complete these phases, they receive public recognition.
9.7 Courts should have at their disposal a menu of incentives that is at least as broad as the range of available
sanctions;incentives for sustained adherence to court conditions, or for situations in which the participant
exceeds the expectation of the court team,are particularly important.
10. Sustainability.
Data are collected and analyzed to demonstrate the impact of the mental health court;its performance is assessed
periodically (and procedures are modified accordingly); court processes are institutionalized; and support for the
court in the community is cultivated and expanded.
10.1 Mental health courts must take steps early in the planning process and throughout their existence to ensure
long-term sustainability. To this end, performance measures and outcome data will be essential. Data
describing the court's impact on individuals and systems should be collected and analyzed. Such data should
include the court's outputs, such as number of defendants screened and accepted into the mental health
court, as well as its outcomes, such as the number of participants who are rearrested and re-incarcerated.
Setting output and outcome measures is a key function of the court's planning and ongoing administration
(see Standard 1: Planning and Administration). Quantitative data should be complemented with qualitative
evaluations of the program from staff and participants.
10.2 Formalizing court policies and procedures is also an important component of maintaining mental health
court operations. Compiling information about a court's history, goals, eligibility criteria, information
sharing protocols, referral and screening procedures, treatment resources, sanctions and incentives, and
other program components helps ensure consistency and lessens the impact when key team members
depart.Developing additional plans for staff turnover helps safeguard the integrity of the court's operation.
10.3 Because sustaining a mental health court without funding is difficult, court planners should identify and
cultivate long-term funding sources early on. Court staff should base requests for long-term funding on
clear articulations of what the court plans to accomplish. Along with compiling empirical evidence of
program successes,mental health court teams should invite key county officials,state legislators,foundation
program officers, and other policymakers to witness the court in action.
10.4 Outreach to the community, the media,and key criminal justice and mental health officials also promotes
sustainability. To that end, mental health court teams should make community members aware of the
existence and impact of the mental health court and the progress it has made. More importantly,
administrators should be prepared to respond to notable program failures, such as when a participant
commits a serious crime. Ongoing guidance from, and reporting to, key criminal justice and mental health
leaders also helps to maintain interest in, and support for, the mental health court.
EXHIBIT "B" [Continued] —Adult Felony Veteran's Treatment Court Standards
1. Veterans Treatment Courts integrate alcohol and other drug treatment services with justice system case
processing.
1.1. Pursuant to O.C.G.A. 15-1-17, each Veterans Treatment Court shall establish a planning group to develop
a written work plan for the court. The work plan shall "address the operational, coordination, resource,
information management,and evaluation needs"of the court,and shall include all policies and practices related
to implementing the standards set forth in this document.
1.2.The Veterans Treatment Court team should include,at a minimum,the following representatives:judge,public
defender, prosecutor, program coordinator, post certified law enforcement, certified treatment
provider/substance abuse professional, a Veterans Justice Outreach Specialist or representative from the
Veterans Administration, and a veteran mentor coordinator. The program coordinator should be a dedicated
employee,independent of treatment staff.
1.3. The Veterans Treatment Court team shall collaboratively develop, review, and agree upon all aspects of
Veterans Treatment Court operations (mission, goals, eligibility criteria, operating procedures, performance
measures, orientation, drug testing, program structure guidelines) prior to commencement of program
operations.
1.4.This plan is executed in the form of a Memorandum of Understanding(MOU) between all parties and updated
annually as necessary.
1.5. Each of these elements shall be compiled in writing in the form of a Policies and Procedures Manual which is
reviewed annually and updated as necessary.
1.6. The goals of Veterans Treatment Court programs in Georgia shall be abstinence from alcohol and other illicit
drugs, effective treatment of mental health issues, and promotion of law-abiding behavior in the interest of
public safety.
1.7. All members of the Veterans Treatment Court team are expected to attend and participate in a minimum of
two formal staffings per month.
1.8.Members of the Veterans Treatment Court team are expected to attend all Veterans Treatment Court sessions.
1.9. Standardized evidence-based treatments, as recommended in the Veterans Treatment Court Treatment
Standards(see Section II),shall be adopted by the Veterans Treatment Court to ensure quality and effectiveness
of services and to guide practice.
1.10. Veterans Treatment Courts should provide for a continuum of services through partnership with a primary
treatment provider(s) to deliver treatment, coordinate other ancillary services,and make referrals as necessary.
1.11. The court shall maintain ongoing communication with the treatment providers and the Veterans
Administration. The treatment providers should regularly and systematically provide the court with written
reports on participant progress; a reporting schedule shall be agreed upon by the Veterans Treatment Court
team and put in writing as part of the court's operating procedures. Reports should be provided on a weekly
basis and within 24 hours as significant events occur. Significant events include but are not limited to the
following: death;unexplained absence of a participant from a residence or treatment program;physical,sexual,
or verbal abuse of a participant by staff or other clients; staff negligence; fire, theft, destruction, or other loss
of property;complaints from a participant or his/her family;requests for information from the press,attorneys,
or government officials outside of those connected to the court; and participant behavior requiring attention
of staff not usually involved in his/her care.
1.12. Participants should have contact with case management personnel (Veterans Treatment Court staff or
treatment representative) at least once per week during the first twelve months of treatment to review status
of treatment and progress.
2. Using a non-adversarial approach, prosecution and defense counsel promote public safety while
protecting participants' due process rights.
2.1. Prosecution and defense counsel shall both be members of the Veterans Treatment Court team and shall
participate in the design, implementation, and enforcement of the program's screening, eligibility, and case-
processing policies and procedures.
2.2.The prosecutor and defense counsel shall work to create a sense of stability, cooperation,and collaboration in
pursuit of the program's goals.
2.3. The prosecution shall: review cases and determine whether a defendant is eligible for the Veterans Treatment
Court program; file all required legal documents;participate in and enforce a consistent and formal system of
sanctions in response to positive drug tests and other participant noncompliance; agree that a positive drug
test or open court admission of drug use will not result in the filing of additional drug charges based on that
admission; and make decisions regarding the participant's continued enrollment in the program based on
progress and response to treatment rather than on legal aspects of the case,with the exception of additional
criminal behavior.
2.4. The defense counsel shall: review the arrest warrant, affidavits, charging document, and other relevant
information, and review all program documents (i.e.,waivers,written agreements); advise the defendant as to
the nature and purpose of the Veterans Treatment Court, the rules governing participation, the merits of the
program,the consequences of failing to abide by the rules,and how participation or nonparticipation will affect
his/her interests; provide a list of and explain all of the rights that the defendant will temporarily or
permanently relinquish, and ensure the defendant fully understands any rights being waived; advise the
participants on alternative options, including all legal and treatment alternatives outside of the Veterans
Treatment Court program; discuss with the defendant the long-term benefits of sobriety and mental health
treatment; explain that the prosecution has agreed that admission to drug use in open court will not lead to
additional charges, and therefore encourage truthfulness with the judge and treatment staff; and inform the
participant that they will be expected to take an active role in court sessions,including speaking directly to the
judge as opposed to doing so through an attorney.
2.5. Pursuant to O.C.G.A. 15-1-17,Defendants charged with murder,armed robbery,rape,aggravated sodomy,
aggravated sexual battery,aggravated child molestation,or child molestation shall not be eligible for entry into
the veterans court division,except in the case of a separate court supervised reentry program designed to more
closely monitor veterans returning to the community after having served a term of incarceration. Any such
court supervised community reentry program for mentally ill offenders shall be subject to the work plan as
provided for in this paragraph.
2.6. For any participant whose charges include a property crime,the court must comply with the requirements and
provisions set forth in the Crime Victim's Bill of Rights (O.C.G.A. 17-17-1,et seq.).
2.7. All participants shall receive a participant handbook upon accepting the terms of participation and entering
the program.Receipt of handbook shall be acknowledged through a signed form,developed by the Council of
Accountability Court Judges,with an executed copy placed in the court file maintained locally.
2.8. Each Veterans Treatment Court shall develop and use a form, or adopt the model created by the Council of
Accountability Court Judges to document that each participant has received counsel from an attorney prior to
admittance to a Veterans Treatment Court, including the receipt of the local participant agreement with an
executed copy placed in the official court file.
2.9. The decision to participate in a Veterans Treatment Court shall be made solely by the eligible participant.
There shall be no coerced participation in a Veterans Treatment Court,such as by giving eligible offenders the
choice between an onerous disposition and participation in the program.
2.10. The decision to participate in a Veterans Treatment Court shall not be influenced by offering a dispositional
alternative more grueling or demanding to eligible offenders than that which is offered in cases where Veterans
Treatment Court participation is not an option.
2.11.The judge,on the record,must apprise a participant of all due process rights,rights being waived,any process
for reasserting those rights,and program expectations.
2.12. Terminations from Veterans Treatment Court require notice, a hearing, and a fair procedure. Not covered
by this requirement is when a participant self-terminates and this situation does not require any type of pre-
termination hearing.
2.13.The consequences of termination from a Veterans Treatment Court should be comparable to those sustained
in other similar cases before the presiding judge.The sentence shall be reasonable and not excessively punitive
solely based on termination from Veterans Treatment Court.
2.14. Termination hearings conducted for Veterans Treatment Court participants shall include all due process
rights afforded to any offender serving a probated sentence under the supervision of the Georgia Department
of Corrections.
2.15. In jurisdictions where the Veterans Treatment Court judge will also sit as the judge performing a termination
hearing, this situation needs to be communicated to offenders in writing at the time where program
participation is being considered.
2.16. Pursuant to O.C.G.A. 15-1-17, any plea of guilty or nolo contendere shall not be withdrawn without the
consent of the court.
3.Eligible participants are identified early and promptly placed into the Veterans Treatment Court program.
3.1. Participant eligibility requirements/criteria (verified through legal and clinical screening) shall be developed
and included in writing as part of the program's policies and procedures.
3.2. Courts may admit eligible participants pre-plea,post-plea,or operate under a hybrid model.
3.3. Screening for program eligibility shall include the review of legal requirements and clinical appropriateness,
including the administration of a risk and needs assessment, and verification of veteran status.
3.4. The target population for Veterans Treatment Courts is offenders assessed as low/moderate to high-risk for
rearrest and with moderate-to-high treatment needs.
3.5. Members of the Veterans Treatment Court team and other designated court or criminal justice officials shall
screen cases for eligibility and identify potential Veterans Treatment Court participants.
3.6. Participants being considered for a Veterans Treatment Court shall be promptly advised about the program,
including the requirements,scope,and potential benefits and effects on their case.
3.7.Participants should begin treatment as soon as possible;preferably,no more than 30 days should pass between
a participant being determined eligible for the program and commencement of treatment services.
3.8.Assessment for substance abuse and other treatment shall be conducted by appropriately trained and qualified
professional staff,using standardized assessment tools.
3.9. Veterans Treatment Courts shall maintain an appropriate caseload based on their capacity to effectively serve
all participants according to these standards.
3.10. No potential participant shall be excluded solely on the basis of sex,race,color,religion, creed, age, national
origin,ancestry,pregnancy,marital or parental status,sexual orientation,or disability.
3.11. To identify and supervise participants, Veterans Treatment Courts require information about their mental
illnesses and treatment plans. When sharing this information, treatment providers and representatives of the
Veterans Treatment Court should consider the wishes of defendants. They must also adhere to federal and
state laws that protect the confidentiality of medical,mental health,and substance abuse treatment records.
3.12. A well-designed procedure governing the release and exchange of information is essential to facilitating
appropriate communication among members of the Veterans Treatment Court team and to protect
confidentiality.Release forms should be part of this procedure.They should be developed in consultation with
legal counsel, adhere to federal and state laws, and specify what information will be released and to whom.
Potential participants should be allowed to review the form with the advice of defense counsel and treatment
providers. Defendants should not be asked to sign release of information forms until competency issues have
been resolved (see Standard 5: Informed Choice).
4. Veterans Treatment Courts provide access to a continuum of alcohol, drug, and other related treatment
and rehabilitation services.
4.1. A Veterans Treatment Court shall require a minimum of 18 months of supervision and treatment for felony
offenders to be considered as a Veterans Treatment Court. The minimum length for a misdemeanor program
should be 12 months.
4.2. Felony programs should last a minimum of 18 months and should not exceed 24 months. Exceptions to the
24-month maximum may be made based on participant progress following a 24-month evaluation and
assessment, to be followed up every four months thereafter and not to exceed a total program length of 36
months. A formal report of each assessment following 24 months shall be added to the participant's file to
justify extension of the program.
4.3. The length of Veterans Treatment Court participation should not extend beyond the maximum period of
incarceration or probation a defendant could have received if found guilty in a more traditional court process.
In addition,program duration should vary depending on a defendant's program progress.Program completion
should be tied to adherence to the participant's court-ordered conditions and the strength of his/her
connection to community treatment.
4.4. Veterans Treatment Court programs should be structured into a series of phases. The final phase may be
categorized as "aftercare/continuing care."
4.5. Veterans Treatment Court programs shall offer a comprehensive range of core alcohol and drug treatment
services. These services include:
a) Group counseling;
b) Individual counseling;and
c) Drug testing.
4.6. Veterans Treatment Court programs should ideally offer:
a) Family counseling;
b) Gender specific counseling;
c) Domestic violence counseling;
d) Health screening;
e) Assessment and counseling for co-occurring mental health issues;
f) Psychosocial Rehabilitation;
g) Case Management;
h) Trauma Counseling;and
i) Crisis Intervention Services.
4.7.Ancillary services are available to meet the needs of participants.These services may include but are not limited
to:
a) Employment counseling and assistance;
b) Educational component;
c) Medical and dental care;
d) Transportation;
e) Housing;
f) Mentoring,Peer Support,and alumni groups; and
g) Obtaining qualified benefits.
4.8. Case management plans shall be individualized for each participant based on the results of the initial
assessment; ongoing assessment shall be provided according to a program schedule, and treatment plans may
be modified or adjusted based on results.
4.9. Treatment shall include standardized, evidence-based practices (see Section II, Veterans Treatment Court
Treatment Standards) and other practices recognized by the Substance Abuse and Mental Health Services
Administration National Registry of Evidence-Based Policies and Practices (NREPP).
4.10.A set of quality controls/review process shall be in place to ensure accountability of the treatment provider.
5.Abstinence is monitored by frequent alcohol and other drug testing.
5.1. Participants shall be administered a drug test a minimum of twice per week during the first two phases of the
program;a standardized system of drug testing shall continue through the entirety of the program.
5.2. Drug testing shall be administered to each participant on a randomized basis, using a formal system of
randomization.
5.3. All Veterans Treatment Courts shall utilize urinalysis as the primary method of drug testing; a variety of
alternative methods may be used to supplement urinalysis, including breath, hair, and saliva testing and
electronic monitoring.
5.4. All drug testing shall be directly observed by an authorized, same sex member of the Veterans Treatment
Court team,a licensed/certified medical professional,or other approved official of the same sex.
5.5. Drug screens should be analyzed as soon as practicable. Results of all drug tests should be available to the
court and action should be taken as soon as practicable,ideally within 48 hours of receiving the results.
5.6. In the event a single urine sample tests positive for more than one prohibited substance, the results shall be
considered as a single positive drug screen.
5.7.A minimum of 90 days negative drug testing shall be required prior to a participant being deemed eligible for
graduation from the program.
5.8.Each Veterans Treatment Court shall establish a method for participants to dispute the results of positive drug
screens through either gas chromatography-mass spectrometry,liquid chromatography-mass spectrometry, or
some other equivalent protocol.
5.9. Creatinine violations and drug screens scheduled and missed without a valid excuse as determined by the
presiding judge shall be considered as a positive drug screen.
6.A coordinated strategy governs Veterans Treatment Court responses to participants' compliance.
6.1. A Veterans Treatment Court shall have a formal system of sanctions, including a system for reporting
noncompliance,established in writing and included in the court's policies and procedures.
6.2.A Veterans Treatment Court shall have a formal system of rewards.
6.3.The formal system of sanctions and rewards shall be organized on a gradually escalating scale and applied in a
consistent and appropriate manner to match a participant's level of compliance.
6.4. Courts should implement a system for a minimum level of field supervision for each participant based on their
respective level of risk. Field supervision may include unannounced visits to home or workplace and curfew
checks. The level of field supervision may be adjusted throughout the program based on participant progress
and any reassessment process.
6.5. Regular and frequent communication between all members of the Veterans Treatment Court team shall
provide for immediate and swift responses to all incidents of noncompliance,including positive drug tests.
6.6. There shall be no indefinite time periods for sanctions, including those sanctions involving incarceration or
detention. Incarceration or detention should only be considered as the last option in the most serious cases of
non-compliance.
6.7. Participants shall be subject to progressive positive drug screen sanctions prior to being considered for
termination,unless there are other acts of non-compliance affecting this decision.
7. Ongoing judicial interaction with each Veterans Treatment Court participant is essential.
7.1. A dedicated superior court judge, state court judge, or senior superior court judge must preside over an
individual Veterans Treatment Court program and should be committed to serving in this role long-term.
7.2. A judge of the superior court must preside over a felony Veterans Treatment Court program; provided,
however, that a judge from another class of court may be the presiding judge of a felony Veterans Treatment
Court program if that judge is specially designated as such by the chief judge of the judicial circuit in which the
court operates and is approved for such by the Council of Accountability Court Judges.
7.3.The presiding judge may authorize assistance from other judges,including senior judges and judges from other
classes of court, on a time-limited basis when the presiding judge is unable to conduct court.
7.4. The judge shall attend and participate in all pre-court staffings, sessions,and/or meetings.
7.5.A regular schedule of status hearings shall be used to monitor participant progress.
7.6. There shall be a minimum of two status hearings per month in the first phase of Veterans Treatment Court
programs and, dependent on participant needs, this minimum schedule may continue through additional
phases.
7.7. Frequency of status hearings may vary based on participant needs and benefits, as well as judicial resources.
Status hearings should be held no less than once per month during the last phase of the program.
7.8. Status review shall be conducted with each participant on an individual basis; to optimize program
effectiveness,group reviews should be avoided unless necessary based on an emergency basis.
7.9. The judge, to the extent possible, should strive to spend an average of three minutes or greater with each
participant during status review.
8. Monitoring and evaluation measure the achievement of program goals and gauge effectiveness.
8.1. Participant progress, success, and satisfaction should be monitored on a regular basis through the use of
surveys and participant feedback,most importantly at the program entry point and graduation.
8.2. Participant data shall be monitored and analyzed on a regular basis (as set forth in a formal schedule) to
determine the effectiveness of the program.
8.3. A process and outcomes evaluation should be conducted by an independent evaluator within three years of
implementation of a Veterans Treatment Court program, and in regular intervals as necessary, appropriate,
and/or feasible for the program thereafter.
8.4. Feedback from participant surveys, review of participant data, and findings from evaluations should be used
to make any necessary modifications to program operations,procedures, and practices.
8.5. Data needed for program monitoring and management are easily obtainable and are maintained in useful
formats for regular review by program management.
8.6. Courts should use the preferred case management program, or compatible equivalent, as designated by the
Council of Accountability Court Judges, in the interest of the formal and systematic collection of program
performance data.
8.7. Courts shall collect, at a minimum, a mandatory set of performance measures determined by the Council of
Accountability Court Judges which shall be provided in a timely requisite format to the Standards and
Certification Committee as required by the Council of Accountability Court Judges,including a comprehensive
end-of-year report. The minimum performance measures to be collected shall include: recidivism (rearrests
and reconvictions), number of moderate and high risk participants, drug testing results, drug testing failures,
number of days of continuous sobriety,units of service (number of court sessions,number of days participant
receives inpatient treatment), employment, successful participant completion of the program (graduations),
and unsuccessful participant completion of the program (terminations, voluntary withdrawal, death/other).
The court should develop a process to collect recidivism data following participant graduation.
9. Continuing interdisciplinary education promotes effective Veterans Treatment Court planning,
implementation, and operations.
9.1. Veterans Treatment Court programs shall have a formal policy on staff training requirements and continuing
education including formal orientation and training for new team members.
9.2. All members of a Veterans Treatment Court team shall receive training through the National Drug Court
Institute.
9.3. Existing programs should participate in Operational Tune-Up, specific to their team,as needed.
9.4. Court teams, to the extent possible, should attend comprehensive training on an annual basis, as provided by
the Council of Accountability Court Judges,the National Association of Drug Court Professionals (NADCP),
or Justice for Vets.
9.5.Veterans Treatment Court judges and staff should participate in ongoing continuing education as it is available
through professional organizations [Institute of Continuing Judicial Education (ICJE), NADCP, Georgia
Council of Court Administrators (GCCA),etc.].
9.6.New accountability court judges and coordinators shall attend formal orientation and training administered by
the Council of Accountability Court Judges offered annually.
10. Forging partnerships among Veterans Treatment Courts, public agencies, and community-based
organizations generates local support and enhances Veterans Treatment Court program effectiveness.
10.1. Pursuant to O.C.G.A. §15-1-17, each Veterans Treatment Court shall establish a planning group to create a
work plan for the court. The work plan shall "address the operational, coordination, resource, information
management, and evaluation needs" of the court, and shall include all policies and practices related to
implementing the standards set forth in this document.
10.2. A local steering committee consisting of representatives from the court, community organizations, law
enforcement, treatment providers, health providers, social service agencies, the Veterans Administration and
Veterans Service Organizations, and the faith community should meet on a quarterly basis to provide policy
guidance, fundraising assistance,and feedback to the Veterans Treatment Court program.
10.3. Veterans Treatment Courts should consider forming an independent 501(c)(3) organization for fundraising
and administration of the steering committee.
10.4. Veterans Treatment Courts should actively engage in forming partnerships and building relationships
between the court and various community partners. This may be achieved through facilitation of forums,
informational sessions,public outreach,and other ways of marketing.
10.5. Veterans Treatment Court staff should participate in ongoing cultural competency training on an annual
basis.
EXHIBIT "C"—Case Manager (Scope of Work)
ROLE OF THE CASE MANAGER
Generally, a clinical case manager on a Mental Health and Veteran's Treatment court treatment team members
provides case management and limited individual counseling services for participants of the drug court program.
Duties and responsibilities often include, but are not limited to the linkage and provision of ancillary social and
community services to participants and follow-up individual counseling assistance and performing additional tasks as
assigned.
Essential Duties and Responsibilities
The following duties are standard for a clinical case manager.These are not to be construed as exclusive or
all-inclusive. Other duties may often be required and assigned.
Prepare weekly summaries regarding each participant's progress in following through on case management services
is provided to the drug court coordinator;
Attend required trainings for the court as well as weekly team planning meetings and court sessions;
Meet regularly with all participants under the case manager's care subject to specified minimum contact hours;and
Assure that the court is well informed and that services remain uninterrupted if staff is unavailable.
PRIMARY CASE MANAGEMENT DUTIES INCLUDE, BUT ARE NOT LIMITED TO:
Meet with participants at least weekly or as directed by the court for a check-in and status review;
Assist in the collection and maintenance of relevant participant data and demographic information. Such
information may include history of compliance,referrals for other services, drug testing results, etc.;
Linkage and follow-up to ancillary support services for participants in an effort to coordinate the utilization of
community-based services such as health and mental health services, victim's services, disability housing,
entitlements, transportation, education, vocational training, and job skills training and placement to provide a
strong foundation of recovery;
Discharge planning and after-care follow-up;
Conduct individual counseling and rehabilitation sessions with participants as needed; Conduct drug screens and
specimen collections; and
Perform other related duties as required.
KNOWLEDGE, SKILLS,AND ABILITIES
Knowledge of the courts policies, procedures, and activities of the mental health and veteran's treatment court
program as they pertain to the performance of duties relating to the position. Knowledge of the terminology used
within the drug court environment and related case management standards, protocol,procedures,protocols, and
procedures. Knowledge of filing systems and various word processing,spreadsheet and database software.Ability
to compile, organize, and maintain as assortment of reports, records and information in an effective manner and
according to drug court and/or governmental regulations.Ability to communicate effectively with supervisors and
other staff members. Ability to utilize and understand computer applications and techniques as necessary
in the completion of daily assignments.
EXHIBIT "D"—Urine Sample Collection Procedures
URINE SAMPLE COLLECTION
Urine sample collection procedures represent the single most important component of a credible drug court
abstinence-monitoring program.Failure to collect a valid sample puts at risk the court's confidence that the testing
accurately reflects client drug-use behavior. If participants, in order to avoid detection of surreptitious drug use,
tamper with their sample, then procedures and provisions put in place to ensure quality results may be rendered
useless. Requiring two essential elements can significantly enhance valid urine sample collections: random
participant selection and witnessed collections.
The Augusta Judicial Circuit Adult Felony Mental Health and Veteran's Treatment Court Programs employs the
following procedures to correctly assess the drug use patterns of program participants:
• Urine specimens are collected in a random,unannounced manner;
• Two-hour period between participant notification of a drug test and the time that the sample collection actually
occurs;
• Color-coded system used for participant notification;and
• Witnessed/direct observation of same-gender collections (for urine monitoring).
URINE COLLECTION PERSONNEL
The collectors are required to meet the following training requirements:
1. Knowledge.
The collector must be knowledgeable of the current Urine Specimen Collection Procedures Guidelines and
guidelines applicable to drug court participant testing.
2. Qualification training.
The collector must receive qualification training that provides instruction on all steps necessary to complete a
collection correctly and proper completion and transmission of the custody form (CCF);problem collections,
fatal flaw, correctable flaws, and how to correct collection problems; and the collector's responsibility for
maintaining the integrity of the collection process, ensuring the accuracy in results of the drug testing device
being utilized,ensuring the security of the specimen,and avoiding conduct or statements that could be viewed
as offensive or inappropriate.
COLLECTION SITE
1. General.
The collection site must have all the necessary personnel, materials, equipment, facilities, and supervision to
provide for direct observation collections, temporary storage, and shipping of urine specimens to the court
laboratory.
2. Single toilet-room facilities.
The preferred type of facility for urine collections is one with a single-toilet room with a full-length door. No
one but the donor and the collector may be present in the room. The facility must have a source of water for
washing hands,but,if practicable,it should be outside of the closed room where urination occurs.If an external
water source is not available, the collector must secure all sources of water and other substances that could be
used for adulteration and substitution. The collector must provide moist towelettes or hand sanitizer outside
the closed room.
3. Security of the collection site.
The following steps must be taken by the collector to protect the security and integrity of the urine collection.
• All water sources should be secured.
• The toilet water should be blue.
• No soap,disinfectants,cleaning agents,or other possible adulterants should be present.
• The site should be inspected to ensure that no foreign or unauthorized substances are present.
• The toilet tank should be taped or secured shut or bluing should be put in the tank.
• Areas and items that appear suitable for concealing contaminants should be secured.
All these items should be rechecked following each collection. If the collection site uses a facility normally used
for other purposes,the following steps should also be taken:
• Access to collection materials and specimens should be effectively restricted.
• • The facility should be secured against access during the procedure to ensure privacy of the donor and
prevent distraction of the collector. Limited-access signs must be posted.
• To the greatest extent possible, the donor's collection container should remain in view of the collector and
the donor from the time the donor has urinated until the specimen is sealed if needed.
• Only the collector and donor should handle the specimen before it is sealed.
• The collector cannot leave the testing site between the time the donor gives the collector the specimen and
the specimen is sealed.
• The collector must maintain personal control over each specimen and the CCF throughout the collection
process.
UNEVENTFUL SPLIT COLLECTION
In this scenario, no abnormal events occur and all aspects (quantity, temperature, smell, etc) of the specimen are
normal.
• Donor positively identified via an acceptable means of identification.(photo identification, donor consent
form etc).
• Collector reviews collection instructions with donor-located on back of CCF.
• Collector checks to see that the participants name and specimen ID number are printed on the CCF and
the required number of copies are provided.
• Collector checks to ensure that the specimen ID number on the CCF matches the specimen ID number on
the specimen bottle seals.
• Collector completes administration portion of the CCF to include ensuring that the following information
is preprinted or inserted by the collector.
• Collector has donor remove any unnecessary outer clothing, briefcase, purse or personal belongings. The
collector must provide a receipt to the donor if requested.
• Collector instructs donor to empty his/her pockets and display items.
• Collector instructs donor to wash his/her hands.
• Collector selects a collection kit.
• Collector conducts pre-collection inspection of the collection area to include:
o Secure all water sources
o Ensure bluing is in toilet
o Ensure that no soap,disinfectant,cleaning agents or other potential adulterants are present
o Ensure that no foreign or unauthorized substances are present
o Tape/secure any movable toilet tank top or put bluing in the tank
o Ensure that undetected access is not possible
o Secure areas and items that appear suitable for concealing contaminants
• Collector unwraps collection cup and instructs the donor to enter the rest room to provide the specimen,
do not flush toilet, and to return as quickly as possible.
• Donor gives specimen to collector.Both the donor and the collector must maintain visual contact with the
specimen until the specimen bottles are sealed.
• Collector conducts post-collection inspection of the collection area.
• Collector transfers specimen-to-specimen bottles.
• Collector affixes specimen bottle seals to each specimen bottle and dates each seal.
• Donor initials both specimen bottle seals.
• Collector places specimen bottles and laboratory copy of the CCF into the leak proof bag, and seals the
pouch.
• Collector informs donor that he/she is free to go.
• Collector places the sealed package into a shipping container.
• Collector ensures that specimen is shipped within 24 hours.
INSUFFICIENT QUANTITY OF SPECIMEN
• Donor positively identified via an acceptable means of identification. (photo identification, donor consent
form etc).
• Collector reviews collection instructions with donor-located on back of CCF.
• Collector checks to see that participant name and specimen ID number are printed on the CCF and the
required number of copies are provided.
• Collector checks to ensure that the specimen ID number on the CCF matches the specimen ID number on
the specimen bottle seals.
• Collector completes administration portion of the CCF to include ensuring that the following information
is preprinted or inserted by the collector.
• Collector has donor remove any unnecessary outer clothing, briefcase, purse or personal belongings. The
collector must provide a receipt to the donor if requested.
• Collector instructs donor to empty his/her pockets and display items.
• Collector instructs donor to wash his/her hands.
• Collector either selects a collection kit or allows the donor to select one.
• Collector conducts pre-collection inspection of the collection area to include:
o Secure all water sources
o Ensure bluing is in toilet
o Ensure that no soap, disinfectant, cleaning agents or other potential adulterants are present
o Ensure that no foreign or unauthorized substances are present
o Tape/secure any movable toilet tank top or put bluing in the tank
o Ensure that undetected access is not possible
o Secure areas and items that appear suitable for concealing contaminants.
• Collector unwraps collection cup and instructs the donor to enter the rest room to provide the specimen,
do not flush toilet,and to return as quickly as possible.
• Donor gives specimen to collector. Both the donor and the collector must maintain visual contact with the
specimen until the specimen bottles are sealed.
• Collector conducts post-collection inspection of the collection area.
• After the required time,if a specimen of sufficient quantity has not been provided,the collector discontinues
the session.
• Collector immediately notifies the adult felony drug court coordinator of the missed drug screen (MUDS).
REFUSAL BY DONOR TO SIGN AND INITIAL COLLECTION
• Donor positively identified via an acceptable means of identification. (photo identification, donor consent
form etc).
• Collector reviews collection instructions with donor-located on back of CCF.
• Collector checks to see that participant name and specimen ID number are printed on the CCF and the
required number of copies are provided.
• Collector checks to ensure that the specimen ID number on the CCF matches the specimen ID number on
the specimen bottle seals.
• Collector completes administration portion of the CCF to include ensuring that the following information
is preprinted or inserted by the collector.
• Collector has donor remove any unnecessary outer clothing, briefcase, purse or personal belongings. The
collector must provide a receipt to the donor if requested.
• Collector instructs donor to empty his/her pockets and display items.
• Collector instructs donor to wash his/her hands.
• Collector either selects a collection kit or allows the donor to select one.
• Collector conducts pre-collection inspection of the collection area to include:
o Secure all water sources
o Ensure bluing is in toilet
o Ensure that no soap, disinfectant, cleaning agents or other potential adulterants are present
o Ensure that no foreign or unauthorized substances are present
o Tape/secure any movable toilet tank top or put bluing in the tank
o Ensure that undetected access is not possible
o Secure areas and items that appear suitable for concealing contaminants.
• Collector unwraps collection cup and instructs the donor to enter the rest room to provide the specimen,
do not flush toilet,and to return as quickly as possible.
• Donor gives specimen to collector. Both the donor and the collector must maintain visual contact with the
specimen until the specimen bottles are sealed.
• Collector conducts post-collection inspection of the collection area.
• If the participant is unable to submit a sample, the collector turns to MRO copy of CCF and instructs the
participant to read the certification statement and sign on the appropriate blank, donor provides his/her
daytime phone number, evening phone number, and date of birth to the collector, collector prints donors
name, and today's date.
• Collector retains the Collector copy of the CCF, and the AOC and MRO reports are provided to the adult
felony drug court coordinator as soon as possible.
Exhibit "E" - Treatment Compliance Audit Form
Ztugufita jubiciat Circuit
Administrative Office of the Courts
Ifir; j
° r Elaina Ashley
-
Accountability Court Coordinator
Augusta Judicial Circuit
Honorable James G.Blanchard,Jr. Telephone(706)821-1673
Superior Court Judge FAX(706)849-3739
Email:eashley@augustaga.gov
Augusta Judicial Circuit Adult Felony Accountability Court Treatment Quality Control Form
Date Completed:
PURPOSE OF JOB/EXPECTED CORE COMPETENCIES
The Council of Accountability Court Judges of Georgia (CACJ) has identified court standards that adult felony
accountability court treatment providers are expected to adhere to. An adult felony accountability court treatment
provider provides rehabilitative therapy sessions, drug screenings, case management and monitoring for adult felony
accountability court participants in keeping with the holistic recovery of the adult felony accountability court program
model.
Participates fully as an adult felony accountability court team member, committing him/herself to the
program mission and goals and works as a full partner to ensure success.
Screens eligible participants using court approved assessment tool? 0 YES 0 NO
Attends regularly scheduled staffing meetings? 0 YES 0 NO
Provides information regarding drug court participant's progress? 0 YES 0 NO
Provides all relevant information,issues, and/or concerns to the Adult Felony Accountability Court Program
Coordinator no later than 12 PM every Tuesday?
Treatment reports will consist of:
Participant Treatment and/or Case Management Issues? 0 YES 0 NO
Participant Compliance/Non-Compliance with Treatment? O YES 0 NO
Participants Treatment Status?
0 YES ONO
Protects integrity of the mental health and veteran's treatment court program by providing competent
treatment?
0 YES 0 NO
Remains abreast of best practices of the field? 0 YES 0 NO
Maintains up-to-date records of participant performance? O YES 0 NO
Ensures that the participant receives the highest level of care available, at a reasonable cost, by all
contracted and ancillary service providers.Develop post program services,participants outreach,mentor
programs and alumni associations.
Conducts regular quality assurance of all treatment and ancillary services? 0 YES 0 NO
Performs case autopsy on charts of participants who are discharged from the program as method of quality
improvement?
0 YES ONO
Individual/Group treatment sessions consist of education/skill building services to include but not limited to:
Addiction
0 YES 0 NO
Relapse prevention planning
0 YES ONO
Criminogenic Thinking Errors
0 YES ONO
Life Skills O YES 0 NO
Anger Management
0 YES ONO
Parenting
0 YES 0 NO
Bereavement
0 YES 0 NO
Sexual Relationships
0 YES ONO
Gender Specific
0 YES ONO
Health/Medical Issues
0 YES ONO
Personal Safety Planning
0 YES ONO
Clinically Relevant Treatment Issues 0 YES 0 NO
Treatment Sessions are equally offered (mornings, evenings and/or weekends) for both genders?
O YES ONO
Treatment schedules participants make-up sessions for all missed and reports to the court any changes in
scheduling?
0 YES ONO
Maintains competent staff that uphold the court's policies and procedures? 0 YES 0 NO
Records are established and maintained with all up-to-date record of participant performance?
O YES ONO
Records that are the subject of audit findings shall be retained until audit findings have been resolved?
O YES ONO
Promptly processes referrals to drug court by completing treatment screens efficiently?
O YES ONO
Administers a court approved biopsychosocial to Include:
Alcohol and drug use history
0 YES ONO
Mental Health History
0 YES ONO
Physical Health History
0 YES ONO
Education
0 YES 0 NO
Emotional/Health barriers
0 YES ONO
Employment
0 YES 0 NO
Family dynamics
0 YES 0NO
Housing
OYES ONO
Spirituality
0 YES ONO
Social Support Systems
0 YES ONO
Transportation
0 YES ONO
Treatment History
0 YES ONO
Criminal History
0 YES ONO
Choice of drugs
0 YES ONO
Co-existing Disorders
0 YES ONO
Gender,ethnic,and cultural considerations 0 YES 0 NO
Other health issues (i.e. HIV and Hepatitis C) 0 YES 0 NO
Sexual Orientation
0 YES ONO
Domestic Violence O YES ONO
Sexual Abuse
0 YES 0 NO
A Diagnosis
0 YES 0 NO
Recommendations
0 YES ONO
Justification for referral to the Drug Court program 0 YES 0 NO
Administers Level of Service Inventory-Revised (LSI-R)? 0 YES 0 NO
Participant Treatment Plans
UPON ENTRY—A copy of the Treatment Plan for each participant is provided to the coordinator within
the first two (2) weeks of the initial intake/counseling session outlining the short and long- term goals the
participant will work on over the full treatment period O YES 0 NO
PRIOR TO PHASE MOVEMENT —Participant status updates on progress/updated treatment plans are
provided to the coordinator prior to phase movement that outlines how the participant is/is not progressing
toward the treatment plan goals as well as the Treatment Providers overall impression of how they believe the
participant is/is not progressing in treatment and meeting their goals
O YES ONO
PRIOR TO GRADUATION/TERMINATION — Summary of participant completion of or inability to
complete the goals outlined in the treatment plan must be provided to the coordinator prior to
graduation/termination from the program as well as the Treatment Providers overall impression of how they
believe the participant is/is not progressing in treatment and meeting their goals. Treatment provider must
supply documentation outlining a participant's positive progression of overall treatment regimen to include
goals met,milestones reached, etc. prior to phase advancements for all participants
O YES ONO
Secures assistance from ancillary services as needed for participants? 0 YES 0 NO
Provides referrals to residential treatment?
0 YES ONO
Provides referrals to additional treatment options? 0 YES 0 NO
Assist with referrals for participants suspected of psychological or psychiatric issues? 0 YES 0 NO
Assist with securing transportation? 0 YES 0 NO
Develops effective measure for drug/alcohol testing and treatment progress reporting that provides the
team with sufficient and timely information to implement incentives and sanctions systems.
Implements random system of screening for drug court participants? 0 YES 0 NO
Has created a system to schedule,announce, observe,collect,and confirm drug screenings?
O YES ONO
Participants are tested a minimum of three times weekly? O YES 0 NO
Conducts visually monitored screens for each participant? O YES 0 NO
Urine specimen collection containers are stored in a secure location, in a manner in which participants may not
have access while in the possession of the treatment provider? 0 YES 0 NO
Urine drug screens are documented with the signature of person conducting screens? 0 YES 0 NO
Maintains up-to-date records of all screens? 0 YES 0 NO
Assists in providing advanced training in substance abuse, addiction and treatment methodologies so as to
provide the team with a meaningful basis to implement incentives and sanctions systems and design
program protocols and procedures.
Provides ongoing training and reads the training provided to all team members? 0 YES 0 NO
Supports therapeutic applications of incentives and sanctions? 0 YES 0 NO
As part of the Adult Felony Accountability Court team, the treatment provider advocates for effective
incentives and sanctions to maintain program compliance.
Assist the team in making consistent and fair incentives and sanctions? 0 YES 0 NO
Recommends therapeutic incentives and sanctions? O YES 0 NO
Considers participant's behavior and shares information with team? 0 YES 0 NO
Is knowledgeable of gender, age and cultural issues that may impact the participant's success.
Attends/Reads all training materials to be able to inform team members about up-to-date information (drug
testing, sanctions/incentives,new treatment opportunities, etc.)? 0 YES 0 NO
Is knowledgeable about addiction, alcoholism and pharmacology generally and applies that knowledge to
respond to compliance in a therapeutically appropriate manner.
Provides sufficient information to indicate continued research is conducted of effective treatment modalities?
O YES ONO
Conducts regular quality assurance of counselors and ensure treatment services are being provided as agreed to
per the contract?
0 YES ONO
Contributes to the team's efforts in community education and local resource acquisition.
Contributes to ongoing research of potential funding streams? 0 YES 0 NO
Contributes to education of peers, colleagues and judiciary in the efficacy of the adult felony accountability
courts.
Maintains integrity of drug court program through quality assurance? 0 YES 0 NO
Disseminates information about drug court as frequently as possible? 0 YES 0 NO
TREATMENT SERVICES SHOULD INCLUDE THE FOLLOWING (NOT ALL INCLUSIVE):
Use of a cognitive behavioral model, to include interventions designed to address criminal thinking patterns
responsive to ethnicity,gender,age,and other characteristics of the participant 0 YES 0 NO
Consistent use of techniques to accommodate and address participant stages of change such as motivational
interviewing and motivational enhancement therapy should be employed to reduce participant defensiveness, foster
engagement and improve retention
0 YES ONO
Provide options for family treatment to address patterns of family interaction that increase the risk of re- offending,
to develop family understanding of substance use disorders and recovery, and to create an improved family support
system
OYES ONO
Referral of family members to appropriate community resources to address other identified service needs
O YES ONO
Incorporation of parenting and child custody issues and the needs of children in the participant's family into the
treatment plan and addressing them through the effective use of community resources 0 YES 0 NO
Attend regular clinical/treatment staff meetings to review treatment goals,progress,and other clinical issues with staff
O YES ONO
Prompt and systemic reporting to the program coordinator of participant's behavior; progress in treatment,
compliance with treatment court program requirements,and any other relevant information 0 YES 0 NO
Discuss program phases,guidelines,and expectations to new participant 0 YES 0 NO
Treatment Comments:
Issues Found:
aatemei
D
rug Court Coordinator Signature Date
Treatment Provider Signature Date
gra.
Section IV
Adult Mental Health Court
Treatment Standards
. , Table of Contents
, 1. Screening
27
r
�' 2. Assessment
27
3. Level of Treatment
27
4. Treatment/Case Management Planning 28
5. Mental Health Treatment Interventions 28
t
6. Dual Diagnosis Treatment Interventions 29
7. Recidivism/Criminality Treatment Interventions 29
:_' 8. Information Systems 30
6
9. Oversight and Evaluation 30
y
Standards for Georgia Accountability Courts Adult Mental Health Court Treatment Standards 27
Section IV
Adult Mental Health Court Treatment Standards
1. Screening
1.1 Legal: Mental health court programs should work with an interdisciplinary team that consists of
a judge, prosecutor, defense attorney, mental health provider, law enforcement, probation, and
coordinator to ensure systematic, early identification, and early engagement of the target population.
1.1.1 Recommended tool: Brief Jail Mental Health Screen at jail and/or first appearance.
1.2 Clinical: Mental health courts will enroll participants who meet diagnostic criteria for severe
and persistent mental illness and/or dual diagnosis and whose needs can be met by the program.
1.2.1 Recommended tools: Texas Christian University, Substance Abuse II (TCUDS);
Addiction Severity Index-Drug Use Subscale(ASI-Drug); Substance Abuse Subtle Screening
Inventory-2 (SASSI-2); Brief Jail Mental Health Screen, National GAINS Center.
2. Assessment
2.1 Mental health courts will employ an assessment tool that captures offenders' risk of recidivism
and treatment needs.
2.1.1 Recommended tools: Level of Service Inventory-R(LSI-R)starting January 2013
and/or Short-Term Assessment of Risk and Treatability(START)for utilization with mental health
court participants of all levels of impairment.
2.2 Appropriate assessment instruments are actuarial tools that have been validated on a targeted
population, are scientifically proven to determine a person's risk to recidivate and to identify criminal risk
factors that, when properly addressed, can reduce that person's likelihood of committing future criminal
behavior.
2.3 An assessment tool should also be suitable for use as a repeat measure. Programs should re-
administer the tool as a measure of program effectiveness and offender progress.
3. Level of Treatment
3.1 Mental health courts will offer an appropriate level of evidence based treatment for the target
population.
3.1.1 Recommended tools:ASAM Patient Placement Criteria for the Treatment of
Dual Diagnosis participants (PPC-2R).
3.1.2 Recommended clinical assessment: START to determine level of need for
participants with primary mental health issues.
3.2 Mental health courts will match participant risk of recidivism and needs with an appropriate
level of treatment and supervision. Program length should be a minimum of 12 months for misdemeanor
programs and 18 months for felony programs.
Judicial Council of Georgia •Administrative Office of the Courts
2nd Revision. October 2013
Standards for Georgia Accountability Courts Adult Mental Health Court Treatment Standards 28
4. Treatment/Case Management Planning
4.1 Mental health courts will use treatment/case management planning that follows from
assessment and systematically addresses core risk factors associated with treatment and recidivism.
4.2 Mental health court case managers will link participants with the appropriate level of treatment
in the community.
4.2.1 This treatment can include linkage to a private psychiatrist and therapist if private
insurance is available.
4.2.2 This treatment can also include linkage to the local Community Service Board for
indigent or state-served clients.
4.3 Treatment and case management planning should be an ongoing process and occur in
conjunction with one another.
4.4 Mental health court programs will offer and/or collaborate with community partners to offer a
comprehensive range of mental health and dual diagnosis treatment services. These services include:
(1) Group counseling
(2) Individual counseling
(3) Drug testing
(4) Psychosocial rehabilitation
(5) Family support
(6) Medication management.
4.5 Mental health court programs should ideally offer:
(1) Family counseling
(2) Gender specific counseling
(3) Domestic violence counseling
(4) Health screening
(5) Assessment and counseling for co-occurring substance use issues.
4.6 Ancillary services are available to meet the needs of participants. These services may include
but are not limited to:
(1) Employment counseling and assistance
(2) Educational component
(3) Medical and dental care
(4) Transportation
(5) Housing
(6) Mentoring and alumni groups
(7) Assistance with government funded/community based assistance programs.
4.7 Aftercare services are an important part of program services to ensure transition to less
supervised services. Aftercare is lower in intensity and follows higher-intensity programming.
5. Mental Health Treatment Interventions
5.1 Mental health courts will use a manualized curriculum and structured[e.g. Cognitive Behavior
Therapy(CBT)]approach when applicable to a participant for treating mental health symptoms.
5.1.1 Recommended tool: Wellness Recovery Action Plan (WRAP).
5.2 Mental health courts will use a manualized curriculum and structured approach to address
trauma/abuse symptoms and will be done in gender-specific groups and/or individual treatment.
5.2.1 Recommended tools: Seeking Safety; Trauma Focused Cognitive Behavioral Therapy.
Judicial Council of Georgia •Administrative Office of the Courts 2nd Revision. October 2013
Standards for Georgia Accountability Courts Adult Mental Health Court Treatment Standards 29
6. Dual Diagnosis Treatment Interventions
6.1 Mental health courts will use a manualized curriculum and structured (e.g. CBT) approach to
treating dual diagnosis.
6.1.1 Recommended tools: Relapse Prevention Therapy(RPT); Motivational
Enhancement Therapy(MET); Hazelden Co-Occurring Disorders Program; TCU Mapping-
Enhanced Counseling; Integrated Dual Disorders Treatment.
6.2 Abstinence is monitored by frequent alcohol and other drug testing. This is the cornerstone of
dual diagnosis treatment.
6.2.1 Participants shall be administered a drug test a minimum of twice per week during the
first two phases of the program; a standardized system of drug testing shall continue through the
entirety of the program.
6.2.2 Drug testing shall be administered to each participant on a randomized basis, using a
formal system of randomization. This can pose a problem in more rural counties.
6.2.3 All mental health courts shall utilize urinalysis as the primary method of drug testing; a
variety of alternative methods may be used to supplement urinalysis, including breath, hair, and saliva
testing and electronic monitoring.
6.2.4 All drug testing shall be directly observed by an authorized, same sex member of the
mental health court team, a licensed/certified medical professional, or other approved official of the
same sex.
6.2.5 Drug screens should be analyzed as soon as practicable. Results of all drug tests
should be available to the court and action should be taken as soon as practicable, ideally within 48
hours of receiving the results.
6.2.6 In the event a single urine sample tests positive for more than one prohibited
substance, the results shall be considered as a single positive drug screen.
6.2.7 A minimum of 90 days negative drug testing shall be required prior to a participant
being deemed eligible for graduation from the program.
6.2.8 Each mental health court shall establish a method for participants to dispute the
results of positive drug screens through either gas chromatography-mass spectrometry, liquid
chromatography-mass spectrometry, or some other equivalent protocol.
6.2.9 Creatinine violations and drug screens scheduled and missed without a valid excuse
as determined by the presiding judge shall be considered as a positive drug screen.
7. Recidivism/Criminality Treatment Interventions
7.1 Mental health courts will incorporate programming that addresses criminogenic risk factors for
those offender characteristics that are related to risk of recidivism.
7.1.1 Recommended tools: Moral Reconation Therapy(MRT); Thinking for a
Change(TFAC). These tools are appropriate for participants who are assessed as"stable"and of
moderate-risk(or higher)for recidivism.
7.2 Criminal risk factors are those characteristics and behaviors that affect a person's risk for
committing future crimes and include, but are not limited to, antisocial behavior, antisocial personality,
criminal thinking, criminal associates, substance abuse, difficulties with impulsivity and problem-solving,
underemployment, or unemployment.
Judicial Council of Georgia •Administrative Office of the Courts
2nd Revision. October 2013
Standards for Georgia Accountability Courts Adult Mental Health Court Treatment Standards 30
8. Information Management Systems
8.1 Mental health courts will employ an information management system that captures critical
court and treatment data and decisions that affect participants. The data management approach will
promote the integration of court and treatment strategies, enhance treatment and case management
planning and compliance tracking, and produce meaningful program management and outcome data.
Measures of treatment services delivered and attended by participants should be captured.
9. Oversight and Evaluation
9.1 Mental health courts are responsible for oversight of all program components. Regular
monitoring of judicial status hearings, treatment, and case management services should occur.
9.2 Meetings with and surveys of participants to assess program strengths and areas for
improvement increase legitimacy of the process and lead to improved outcomes.
Judicial Council of Georgia •Administrative Office of the Courts 2nd Revision. October 2013