JOB DESCRIPTIONS
JUDICIAL ROLE
The Drug Court Judge shall supervise and re-enforce treatment by reviewing the reports from the treatment providers and input from each defendant and will use various incentives , both positive and negative, to encourage compliance with the treatment program. The judge will establish a rehabilitative relationship with the offender through intensive interaction during court appearances. The judge shall stress the court's desire thateach defendant successfully complete the program while making it clear the consequences of failure. The judge will assume the role of not only judge, but also mentor and encourager to each defendant. In this setting, the judge willbe able to reward a defendant's successes in the program, thus providing additional motivation,and to sanction any noncompliance, thereby discouraging a defendant's failure. By using thisapproach, the judge will re-enforce the valuable casual relationship between both good and baddecisions made by the defendant.
The Drug Court Judge will respond to any relapse or other violations with immediate sanctionsthat simultaneously address the defendant's conduct and will encourage more intensiveinvolvement in treatment. The court will strive to keep defendants in Drug Court while imposingswift, consistent and behavior-specific sanctions for relapse, missed meetings or court hearingsor any other rules violations, The court will utilize graduated sanctions to become morerestrictive as the severity and/or frequency of infractions increase. The court will utilize increased frequency of courtroom status calls, increased frequency of onsite urine tests,increased frequency of attendance in outpatient programs, increased court supervision, jail orincreased jail sentences (post-trial), increased length of time in the Drug Court, and any other appropriate sanctions deemed proper by the court.
The Drug Court will actively supervise
and re-enforce treatment received by the
defendant. The Drug Court will review
reports from treatment providers and discuss
any treatment problemswith the defender during
court appearances. It will be the
goal of the Drug Court judge to
be aspositive as possible toward each
defendant in encouraging that defendant to
complete the DrugCourt Program as all
parties will benefit from a successful completion
TRIBAL PROSECUTOR
The Tribal Prosecutor shall review each defendant's case and advise the Drug Court as towhether or not the defendant might be appropriate for participation in the Drug Court Program. The prosecutor's assessment will consist of verifying whether the charges against the defendantare appropriate for the Drug Court Program and whether the defendant has any prior charges orother reasons that would disqualify him or her from the program such as violent offenses. The Tribal Prosecutor shall communicate to the Drug Court his findings.
The prosecutor shall not prosecute any pretrial defendant who is
participating in the Drug Court Program until and if the defendant is unsuccessful
in completing the program. If a defendant is unsuccessful in
the program, the prosecutor shall pursue the charges as normal. The prosecutor
shall review defendant's progress in the Drug Court Program and
make recommendations to the Tribal Court in reference to said progress
.
COURT DIRECTOR AND CLERK OF THE COURT
The Court Director and the Clerk of the Court shall be responsible for preparing all dockets and current files and making them available at all Drug Court hearings. The Director and Clerk shall also be responsible for updating files and preparing notes relating to each client's progess in the Drug Court Program, noting any sanctions that may be imposed during the hearings. The Director and Clerk will also provide the client and any attorney or other representative with appropriate forms for entrance into the Drug Court Program. The
Director and Clerk shall also be responsible for preparing any
orders and distributing them to the appropriate parties. If there is a
Program Manager involved in the program, copies of all Drug Court documents
pertaining to that client shall be provided to the case coordinator. The
Director and Clerk of the Court shall also be responsible for receiving
and recording all payments made to the Drug Court by a client and shall
keep the Tribal Court Judge updated on all fees and any other requirements
imposed upon the client. The Director and Clerk of the Court shall perform
any other duties deemed necessary by the Tribal
Court Judge.
HUMAN SERVICES DEPARTMENT
The Human Services Department shall provide initial assessment of each
client to determine the type of services needed and to assist in developing
a treatment plan. The purpose of the initial assessment will be to detect
major problems related to substance abuse, to indicate potential problem
areas and risk factors and to indicate the intensity and duration of substance
abuse treatment services and other ancillary services. The Human Services
Department shall make recommendations to the Drug Court as to the
appropriate treatment necessary for each client, said recommendation shall
be in writing. The Human Services Department shall continue to work with
each client as they progress through the program and shall report findings
to the Drug Court as to the progress of each client. The Human Services
Department shall provide appropriate counseling to clients, coordinate
all inpatient services and provide reports appropriately.
DEPARTMENT OF SOCIAL SERVICES
The role of the Poarch Creek Indian Social Services Department shall be that of providing assistance to the Drug Court in dealing with family situations of any Drug Court participant. The Department of Social Services may be called upon to evaluate the family circumstances of a participant and make recommendations regarding the family situation of any participant while in the Drug Court Program.
If family assistance is necessary, the Department
of Social Services shall provide appropriate services, including coordinating
off reservation and on reservation programs to aid the family situation.
TRIBAL POLICE
The Poarch Creek Indian Tribal Police Department shall be involved in the Drug Court through the monitoring of the progress of each participant. The Tribal Police shall provide any onsite urine tests and immediately report the results to the Drug Court. Also, if probationary services are required, the Tribal Police shall perform any probation office duties and report regularly to the Drug Court as to a participant's progress. Should a participant fail a urine test or violate any other terms of the Drug Court Program the Tribal Police shall immediately notify the Drug Court for appropriate action.
Tribal Police may provide certain counseling programs regarding drug and alcohol education. This would include actual drug and alcohol statutes, punishment statutes, statistical information, videos and other resources. Tribal Police will supervise any community service ordered to be completed by a participant. Since Tribal Police will see each participant on a regular basis and have the opportunity to observe them, input from Tribal Police will be important.