Rule 6 Program Components

Once a potential participant is accepted, orientation is scheduled to introduce the participant to the Program’s components. In addressing a participant’s substance use disorder, Drug Court incorporates regular judicial interaction with substance use disorder treatment, community supervision, and case management.

(a) Staffing and Judicial Interaction at Review Hearings.

(1) Staffing. Prior to a Review Hearing, the Team participates in a staffing to discuss each participant’s progress and compliance with Drug Court requirements. Staffings are confidential, closed-door meetings for the Team.

(2) Participant Progress. During the Review Hearing, the participant interacts with the Judge, as well as other Team members, discussing progress, addressing any concerns, and sharing achievements. The Judge may award incentives or impose sanctions based on therapeutic value.

(3) Frequency. Participants should refer to their Drug Court Phase or Track for Review Hearing frequency. In the beginning of the Program, Review Hearings are scheduled weekly and may be lessened or increased in frequency at the court’s discretion. Typically, Review Hearing frequency is based on the participant’s performance in the Program.

(4) Ex Parte. The Judge may initiate, permit, or consider ex parte communications expressly authorized by law or the Judicial Code of Conduct. In this capacity, the Judge may assume a more interactive role with parties, treatment providers, law enforcement officers, and other Team members.

(b) Treatment Plan. The Drug Court treatment providers are responsible for creating, developing, and updating individual treatment plans for each participant.

NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025

(1) Formation. Treatment plans are flexible and adjusted based on a participant’s individual needs and goals. While the Team typically defers to treatment providers, the Manager reserves the right to contest and/or amend treatment recommendation.

(2) Individualized. Treatment plans take into account the participant’s baseline functioning, individual capabilities, substance use level, and physical, mental, and emotional needs. A participant’s recovery support system, such as family members, friends, employers, and others, may also be significant to the treatment plan.

(3) Review. Initial treatment needs are determined during the clinical assessment. Needs are reviewed on a weekly basis and are often adjusted during the Program. Various treatment modalities are available and Drug Court endeavors to provide a full continuum of care to participants. Both individual and group therapies are employed to treat the whole person, not just the substance use disorder. Case Managers work closely with treatment providers to determine the appropriate level of care.

(4) Therapeutic Adjustment. If the treatment plan is inadequate to meet the participant’s needs the Court must work to increase level of care. If no reasonable treatment options are available to address the participant’s substance use, or other personal needs, or to protect the safety of others, the Court has the discretion to terminate participation after a termination hearing.

(5) Funding. Treatment funding is provided by private insurance, public assistance, and Drug Court. Confidentiality is maintained by providers, except where the continuum of care principle requires that information be shared.

(c) Alternative Tracks and Phases in Drug Court. No one intervention is appropriately suited for participants. The most effective outcomes are achieved when treatment and supervision services are tailored to the (1) prognostic risk level and (2) criminogenic needs of the participants. Drug Court participants are placed in one of four tracks based on their prognostic risk level and criminogenic needs. If there is a need to modify a track, a request from the Case Manager and treatment provider is submitted to the Judge for approval. Tracks vary in length and phase requirements.

NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025

(1) Transition. Drug Court participants are placed in a multi-phase treatment model that transitions the participant from alcohol and other drug use to successful recovery. Drug Court is designed to guide participants from recognizing of their substance use disorder to actively engaging in the therapeutic process.

(2) Program Length. Individuals entering the Program should anticipate that they will be actively enrolled for at least eighteen months. Each phase of the Program has specific elements and Program criteria that must be completed prior to moving to the next phase.

(d) Case Management. Drug Court’s case management is consistent with All Rise’s best practice standards. In this model, the Case Manager has five key functions in case management comprised of assessment, planning, linking, monitoring, and advocacy. Case Managers work in collaboration with clinicians, Team members, and other service providers for the benefit of the participant. This aids in forming treatment strategies and identifying issues currently affecting the participant’s recovery.

(e) Community Supervision. Community supervision is an integral component in ensuring compliance and accountability of participants.

(1) Officers’ Roles. The Community Supervision Officer(s), Compliance Officer(s), and other Program law enforcement officers work together to monitor participants outside of court settings, promote public safety, hold participants accountable for their actions, acknowledge participant success, and follow evidence-based practices to maximize results. The officers work together to ensure a participant’s compliance with the Program requirements and orders dictating curfews, restrictions, and community service. These Team members also: (1) conduct random drug testing; (2) conduct general searches of participants’ homes and/or living spaces, belongings, and vehicles; (3) conduct random searches of participants’ person; (4) identify environmental threats; (5) stay alert to impending signs of relapse; (6) report investigative findings conducted by law enforcement officers; (7) issue notice to appear for violations; (8) enforce community obligations; and, (9) actively participate in Drug Court Staffings and Hearings.

NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025

(2) Violations. A participant’s failure to comply with Program requirements is a violation. A violation may result in sanctions or termination of a participant from Drug Court.

(f) Testing and Accountability. Substance use testing is considered a cornerstone of the Program. Participants are subject to a random and frequent testing system.

(1) Reporting. To determine whether a participant is to report for testing, the participant shall call a designated testing phoneline every day between the hours determined by the Drug Court. Upon finding they are directed to report for testing, the participant reports to an assigned location during the designated hours. All testing is observed and results are screened by a certified testing agent.

(2) Frequency. The Judge may order a drug test at any time, without restriction, including during a hearing. A participant’s failure to appear, failure to provide an adequate specimen, or submission of a diluted sample is considered a non-negative or positive test result for Program purposes. A participant may contest the results of a drug test but, if a participant wishes to contest the results, the participant bears the cost of any additional testing and confirmation of results. If the results are negative, the Program shall bear any costs. However, if the participant admits to the use for which the sample was sent for confirmation, they will be responsible for its cost regardless of the eventual result.

(g) Incentives and Sanctions. The Judge determines the appropriate incentives or sanction with recommendations from the Team.

(1) Incentives. Incentives compel compliance and drive success in case outcomes. Incentives are intended to promote and reward compliance with treatment requirements, and to build trust between the Team and the participant. Accordingly, Drug Court uses incentives to assist the participant in achieving treatment goals. Incentives recognize, encourage, and promote positive behaviors. Incentives include tangible rewards, like gift certificates, and intangible rewards, like applause or words of affirmation.

(2) Sanctions. Sanctions are also used to assist the participant in achieving treatment goals. Drug Court uses graduated NMI JUDICIARY DRUG COURT POLICIES AND PROCEDURES CITE AS: NMI Drug Ct. P.P. EFFECTIVE: DECEMBER 17, 2025 sanctions to promote accountability and compliance. Sanctions may include loss of privileges, increased court appearances or testing frequency, or shock incarceration. Sanctions are imposed swiftly as needed.

(i) Graduated Sanctions. Graduated sanctions are a structured and incremental response to non-compliant behavior and violations. By design, the sanction should be appropriate for the behavior, the individual circumstances, and the severity of the substance use disorder, mental health, or physical health condition of the participant. Sanctions tend to be escalated in intervention.

(ii) Notice. The Judge imposes sanctions after hearing from the Team and the participant. If a violation subjects the participant to a sanction, the participant is entitled to notice, and an opportunity to be heard. In most cases, the participant’s contention will be heard at the weekly hearing.

(iii) Time Served. The time a participant spends incarcerated after entry into Drug Court pursuant to a sanction and not related to a new charge shall constitute time served for purposes of determining the period of incarceration at sentencing. Any time spent at a residential treatment center or under house arrest shall not constitute time served.

(iv) Maximum Incarceration Sanction. A participant must not be sanctioned to consecutive or cumulative incarceration exceeding in time the maximum sentence to which the participant entered a plea in abeyance.