Rule 5 Incentives, Sanctions, and Therapeutic Adjustments

The Team will help to keep the participant on track by rewarding progress for compliant behavior and imposing sanctions for noncompliant behavior. Additionally, the Team will make therapeutic adjustments to the treatment plan when appropriate. The incentives and sanctions are tailored to address the participant’s unique history and needs. The Team may develop individualized rewards and sanctions. All responses to a participant’s behavior will be predictable, fair, consistent, and without regard to a person’s gender, race, nationality, ethnicity, limited English proficiency, disability, socioeconomic status or sexual orientation. The Team will have input in the discussion regarding appropriate responses to a participant’s behavior, but the final decision will be made by the Judge. The participant will be treated with respect and dignity throughout the process of receiving incentives, sanctions, and therapeutic adjustments. Before a sanction, incentive, or therapeutic adjustment is given, the Judge will advise the participant in court of the sanction, incentive, or therapeutic adjustment and the reason for giving it. The participant will then be allowed to address the court about the sanction or incentive. The participant shall be given access to an attorney and a hearing, if a jail sanction might be imposed.

(a) Incentive. Incentives may include:

(1) Praise, encouragement, and applause in the courtroom;

(2) Reduced frequency of status hearings;

(3) Reduction of pending fines and fees;

(4) Selecting a prize token from the “fish bowl”;

(5) Certificate of recognition from the court; NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP

(6) Promotion to next phase or shortening current phase;

(7) Restoration of lost privileges because of behavior infraction; or

(8) Early graduation.

(b) Sanction. Sanctions may include:

(1) Admonishment from the Judge;

(2) Reading or writing assignments;

(3) Letter of apology to the court;

(4) Sitting in the courtroom for the entire morning or day, writing about their experience, and giving the report to the court;

(5) Performing public service work;

(6) Increased frequency of status hearings;

(7) Increased urinalysis testing;

(8) Increased frequency of contacts with the staff;

(9) Extended duration in program; or

(10) Jail sanction.

(c) Therapeutic Adjustments. Therapeutic Adjustments may include:

(1) Increase or decrease in weekly group attendance;

(2) Increase or decrease in weekly individual counseling appointments;

(3) Increase or decrease attendance in individual or group self-help meetings;

(4) Inpatient treatment;

(5) Sober living environment; or

(6) Successful completion of treatment.