| The Rochester Drug Treatment Court (RDTC) became
the first drug treatment court in New York State when it opened
its doors on February 1, 1995. It represented a fresh and innovative
approach to the overwhelming impact that drug-related offenses
had on the community and the criminal justice system. The operating
premise of the Court was simple: immediate and intensive intervention
and treatment after an arrest created a significant opportunity
for successful supervision and treatment of substance abusers
and addicts being processed through the criminal justice system.
It relied on the cooperation and collaboration between the criminal
justice system, community treatment agencies and the offenders.
It required the Judge, the prosecutor and the defense counsel
to rethink their roles and work together as a team to pursue
a path that would result in solving the offender's drug
addiction. It was funded solely from private funds and grants.
Over the years, the RDTC has expanded and evolved from an
isolated experiment to a court that handles misdemeanor and
felony cases and is a designated "hub" court for
cases transferred from the 22 Town and Village Courts in Monroe
County. This expansion came as a result of the unquestioned
success of the RDTC, which has demonstrated its effectiveness
in promoting sobriety and reducing crime and recidivism rates.
The RDTC has been recognized and has served as a model for
drug treatment courts being established throughout New York
State and the Nation.
Upon a referral of a case to the RDTC from another part of
the Rochester City Court, Monroe County Court or a Town and
Village Court, the administrator of the RDTC performs an assessment
to determine whether the case is appropriate for the RDTC and
if so, the appropriate treatment provider. The court generally
accepts cases where the crime is non-violent and drug-related
or addiction-driven. A defendant may be accepted into the RDTC
either on a pre-plea or post-plea basis.
Once a defendant is accepted into the RDTC, the defendant,
the prosecutor and defense attorney all sign a contract memorializing
the defendant's rights and responsibilities. For example,
each defendant is required to complete an intensive treatment
program established by the treatment provider, attend numerous
court appearances, and submit to frequent and random drug testing
by the treatment provider and court personnel. A defendant
is assigned a case manager, who appears in court and gives
regular status reports directly to the Judge.
A defendant who is noncompliant is subject to a wide range
of sanctions that include verbal admonishment, sanction chairs,
essay writing increased court reporting, increased drug testing
and jail time. Repeated or serious noncompliance may result
in termination from the RDTC.
On the other hand, compliance and achievements in recovery
or various milestones are rewarded and acknowledged through
various incentives that include courtroom applause, praise
from the Judge, decreased court reporting, decreased drug testing,
phase advancement and, finally, graduation.
A defendant is eligible to graduate from the RDTC only after
he or she has completed the treatment program, remained drug-free
for a continuous one-year period, obtained a high school diploma
or a GED and become gainfully employed or enrolled in college.
A graduation ceremony at which the graduates receive praise
and congratulations from the judge and the audience, is held
several times each year.
New RDTC graduates are invited to participate in the Clean
Slate Alumni Group. Membership in the group is open to all
graduates of the RDTC. The members, who meet monthly, volunteer
time providing peer counseling, speaking to community groups
and the media about the RDTC, helping at graduation ceremonies,
assisting case managers in the RDTC and scheduling social activities
for the group. They also help each other stay clean and sober.
The Clean Slate also conducts monthly meetings of the Relapse
Panel, without the presence of any RDTC staff, to assist current
RDTC defendants who have honestly admitted to the Judge that
they have relapsed. The group strives to provide additional
support to defendants who are struggling. It has served as
a model for other alumni groups that are being established
in other drug treatment courts throughout the Nation.
The RDTC continues to have the support of community leaders,
the Monroe County District Attorney, the Monroe County Public
Defender, the Rochester Police Department and the Monroe County
Bar Association. |
7th JD
