Winnipeg Drug Treatment Court PowerPoint 2013

Report
WDTC ENTRANCE
PROCESS
WHO CAN REFER?
Participant
Defense
Counsel
Judges
Probation Services
Social Service Agencies
Correctional Center
Staff
POLICE
AGENCIES
Crown
WDTC staff
Treatment
Staff
How It Works
Referral Process: Clients can self-refer or are referred by
defence counsel. Some are recruited through word of
mouth or advertisement in correctional facilities. They
are screened in by a Crown and then assessed by the
treatment team.
WDTC

Types of Offences/Offenders
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Possession - drug addicts;
Traffickers (low level) who are selling so they
can use;
Break & Enter – those who are breaking in
and stealing to support their drug habit;
Forgery/Fraud – again done to support their
drug habit;
Purpose of sentencing
10. (1) Without restricting the generality of the Criminal Code, the
fundamental purpose of any sentence for an offence under this Part is to
contribute to the respect for the law and the maintenance of a just,
peaceful and safe society while encouraging rehabilitation, and treatment in
appropriate circumstances, of offenders and acknowledging the harm done
to victims and to the community.
Marginal note:Factors to take into consideration
(2) If a person is convicted of a designated substance offence for which the
court is not required to impose a minimum punishment, the court imposing
sentence on the person shall consider any relevant aggravating factors
including that the person
(a) in relation to the commission of the offence,
(i) carried, used or threatened to use a weapon,
(ii) used or threatened to use violence,
(iii) trafficked in a substance included in Schedule I, II, III or IV or
possessed such a substance for the purpose of trafficking, in or
near a school, on or near school grounds or in or near any other
public place usually frequented by persons under the age of
eighteen years, or
(iv) trafficked in a substance included in Schedule I, II, III or IV,
or possessed such a substance for the purpose of trafficking, to a
person under the age of eighteen years;
(b) was previously convicted of a designated substance offence; or
(c) used the services of a person under the age of eighteen years to
commit, or involved such a person in the commission of, a designated
substance offence.
Marginal note:Drug treatment court program
(4) A court sentencing a person who is convicted of an offence under this Part
may delay sentencing to enable the offender
(a) to participate in a drug treatment court program approved by the
Attorney General; or
Marginal note:Minimum punishment
(5) If the offender successfully completes a program under subsection (4), the
court is not required to impose the minimum punishment for the offence for
which the person was convicted.
Table 4
WDTC Graduate and Discharged Client Comparisons on Legal and Risk Data
Graduated
Criminal History
Yes
No
History of Violence
Yes
No
66.7%
33.3%
18.2%
81.8%
Discharged
81.8%
18.2%
45.5%
54.5%
Difference
Comments
-15.1%
A criminal history is linked to
reoffence. This difference is
not as large as last year (more
graduates have criminal
histories this year)
-27.3%
Similar to last year, a history of
violence is strongly associated
with being discharged.
Higher PRA ratings mean a
greater likelihood of discharge.
Of note, more clients classified
as “high” graduated this year
than in last year’s evaluation.
Primary Risk Assessment*
Low
Medium
High
3.1%
65.6%
31.3%
5.6%
13.9%
80.6%
-2.5%
+41.7%
-49.3%
Institutional Security
Assessment
Low
Medium
High
90.6%
9.4%
0
58.1%
41.9%
0
+32.5%
Similar to last year, clients
classified as low risk had a
much higher graduation rate.
CROWN ACCEPTANCE
The offender has been charged with possession,
possession for the purpose of
trafficking/trafficking; Criminal Code offences
associated with drug offences or a non-violent
Criminal Code offence.
The offender has a drug addiction.
The offence was caused or motivated by the drug
addiction.
The accused and defense counsel must also have
received sufficient disclosure to determine that the
accused is able to plead guilty to the applicable
Information(s).
THE OFFENDER WILL NOT BE ELIGIBLE, IF ANY OF
THE FOLLOWING CIRCUMSTANCES EXIST:
1. The offence was solely motivated by profit (for example a
commercial grow operation);
2. For drug offences, the offence was committed near a
schoolyard; playground or other area where children are
commonly present;
4. For drug or prostitution offences, the offence involved a person
under 18 years of age (for example, trafficking to minors;
communication with a person under 18 years of age);
5. The offender has outstanding immigration issues which may
result or has already resulted in a deportation order
6. The offender has any other serious outstanding criminal
charges, whether federal or provincial.
The Offender Will Generally Not Be ineligible If…
1. The offence involved the use or threatened use of a weapon;
2. The person has been charged with trafficking for commercial gain;
3.The drug offence involved risk to a young person; or
4. The offender is an associate or member of a gang or criminal
organization ;
5. The drug offence was committed in circumstances that raise
concerns about drug-impaired driving;
6. The person has a recent and/or significant history of violence.
7. The current offence involved violence.
THE FOLLOWING FACTORS WILL ALSO BE
CONSIDERED AND MAY RESULT IN
INELIGIBILITY:
•An indication that the resort to the DTC program is being used solely to
avoid punishment rather than to address an addiction that contributed to
the criminality in question should militate against admission to the DTC
program.
•Persons whose past conduct indicates an inability to comply with or
maintain a previous court order, or to benefit from admission into a DTC
program, will not generally be admissible.
•Persons who have previously participated in a DTC program and either been
expelled or withdrawn, as well as those who have graduated from a DTC
program in the previous year, are generally not admissible to the DTC program.
• Persons who are currently serving a conditional or intermittent sentence at
the time of their application to the DTC will generally not be admissible as
these sentences are generally incompatible with an intensive DTC program.
LEGAL DISCLAIMER
The determination of whether any of the above criteria have or have not
been met will be solely in the discretion of the prosecutors associated
with the Drug Treatment Court program. In making their determination,
the prosecutors may consult such other persons as they consider
appropriate (for example, treatment providers to determine the existence
of a drug addiction).
Process for admission
Crown
receive
s
referral
Does
participant
meet
criteria?
Y
WDTC
screens
Does
participant
meet
criteria?
N
N
Participant is not accepted
and is referred back to
court
Y
Participant
begins
assessment
process
WDTC

Forms
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Application Form
Waiver – Track 1
Waiver – Track 2
The Rules – Your Duties & Obligations
WDTC

Application Form


All forms completed by accused and counsel together.
Application Form contains the following:

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personal information relating to the accused;
types and number of charges (which are verified with
CCAIN);
types of drugs addicted to;
Date of last use;
Previous treatment;
Housing availability.
WDTC

Waivers
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2 types – Track 1 & Track 2
Give up right to plead not guilty as they must plead
guilty to either all or some of the charges upon
entering WDTC;
Give up their right to a trial;
If they are discharged for any reason after 30 days of
being in the program, they go straight to sentencing;
If they choose to opt out or voluntarily withdraw
before the 30 days, they are allowed to withdraw
their pleas and continue in the regular court system.
WDTC

Waiver - Track 1

Designed for offenders who are charged with
possession of a controlled substance and who
have a demonstrable dependence on that
substance. The Crown will withdraw the
charge(s) against successful Track 1
participants.
WDTC

Waiver - Track 2

Designed for offenders who are charged with
trafficking and/or possession for the purpose of
trafficking and certain Criminal Code offences who
also have a demonstrable dependence on a controlled
substance. An individual with an extensive criminal
record charged with possession of a controlled
substance may be considered for this track. Upon
successful completion, Track 2 participants will be
given a non-custodial sentence.
WDTC

Bail Conditions

The following is a list of some of the DTC bail conditions which
are imposed by the Court:
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attend and participate actively in treatment;
attend for urinalysis as directed;
honestly report all drug and alcohol use;
be honest with treatment providers and the court;
attend court as required;
live at a specified address and don’t move from that address
without first getting the court’s approval;
advise the court of any new charges that arise while in WDTC;
be subject to curfews, boundaries and non – association conditions;
abstain from the use of alcohol, non-medically prescribed drugs and
other intoxicants;
Drug traffickers – subject to a must not own or possess a cell
phone, blackberry or any other electronic communication device.

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