Combining Substance Abuse Treatment With Intermediate Sanctions for Adults in the Criminal Justice System Treatment Improvement Protocol (TIP) Series12
Means-based fines (also called "day" fines). The total amount of these fines is calibrated to both the severity of the crime and the discretionary income of the offender, with the calibration and calculation established by the court as a whole for all cases in which this type of fine is to be imposed. (This is in contrast to traditional fines that are imposed at the discretion of the judge according to ranges set by the legislature for particular offenses.) Defendants with more income (and/or fewer familial obligations) pay a higher overall fine than those with lower incomes (and/or more obligations) for the same crime.
This approach to setting the fine amount is typically coupled with expanded payment options and tighter collection procedures.
Community service. This is the performance by offenders of services or manual labor for government or private, nonprofit organizations for a set number of hours, with no payment.
Community service can be arranged for individuals, case by case, or organized by corrections agencies as programs.
For example, a group of offenders can serve as a work crew to clean highways or paint buildings.
Restitution. Restitution is the payment by the offender of the costs of the victim's losses or injuries and/or damages to the victim.
In some cases, payment is made to a general victim compensation fund; in others, especially where there is no identifiable victim, payment is made to the community as a whole (with the payment going to the municipal or State treasury).
Special needs probation programs or caseloads. In these approaches to intermediate sanctions, officers with special training carry a restricted caseload.
Typically, these approaches are used with offenders who have committed some categories of domestic violence, sex offenses, and driving under the influence, and with mentally ill, developmentally disabled, or substance-abusing offenders. Supervision in a specialized caseload may mean more intensive or more intrusive supervision than in routine caseloads, the provision of enhanced social and psychological services, and/or specific training or group activities, such as anger management classes or victim impact meetings.
Outpatient or residential AOD abuse treatment centers. Both public and private treatment centers may be contracted to provide treatment to offenders, as described in this TIP.
Day centers or residential centers for other types of treatment or training. These centers are established to provide services other than AOD abuse treatment.
For example, a center may provide skills training to enhance offenders' employability.
Intensive supervision probation. The level and types of supervision that are labelled intensive vary widely, but usually involve closer supervision and greater reporting requirements than regular probation for offenders.
This can range from more than five contacts a week to fewer than four per month.
It usually entails other obligations (to attend school, have a job, participate in treatment, or the like).
Intensive supervision parole has similar requirements -- and variations -- but is provided usually by parole agents to offenders who have completed a prison term and who are serving the balance of their sentence in the community.
Day reporting centers. Under the terms of this intermediate sanction, offenders must report to the center for a certain number of hours each day, and/or report by phone throughout the day from a job or treatment site, as a means of monitoring and incapacitating them.
Curfews or house arrest (with or without electronic monitoring). Offenders are restricted to their homes for various durations of time, ranging from all the time to all times except for work or treatment hours, with a few hours for recreation.
Frequently the curfew or house arrest is enforced by means of an electronic device worn by the offender which can alert corrections officials to his or her unauthorized absence from the house.
Halfway houses or work release centers. Offenders in these centers can leave for work, school, or treatment, but are otherwise restricted to the facility.
The facility can be in the community or attached to a jail or similar institution.
Boot camps. Typically, a sentence to a boot camp (also called shock incarceration) is for a relatively short time (3 to 6 months).
As the name implies, boot camps are characterized by intense regimentation, physical conditioning, manual labor, drill and ceremony, and military-style obedience. (Because boot camps are a form of incarceration, some in the criminal justice field reject their inclusion in the category of intermediate sanctions.
Others include boot camps because placement in them is intended to take the place of a longer, traditional prison term.)
A description of the range of intermediate sanctions that will be used and the level of treatment that will accompany the sanctions:
Information about the duration of the various criminal justice sanctions and the duration of treatment;
A description of the content of treatment: what the treatment will entail.
A description of information that will be shared by the treatment program and the criminal justice agencies:
A specific description of circumstances (such as absconding) when it will be the treatment program's responsibility to notify the criminal justice agency;
Definition of a regular period of reevaluation and identification of the system that will conduct and document the reevaluation.
Identification of which agency will supply ancillary services to the client group.
A description of responses to compliance with treatment and/or sanctions and identification of which agency will decide the consequences of each noncompliant behavior:
A description of the consequences of noncompliant behavior such as:
Unwillingness to commit to treatment and/or participate in the treatment program
Drug-positive results
Absconding
Other issues: violence, sex, etc.;
Identification of the agency that will decide the consequences of each noncompliant behavior.
Court, probation, parole, and/or other referring agency)
the following information: ____________________________________________________________
Nature of the information, as limited as possible)
The purpose of and need for the disclosure is to inform the criminal justice agenc(ies) listed above of my attendance and progress in treatment.
The extent of information to be disclosed is my diagnosis, information about my attendance or lack of attendance at treatment sessions, my cooperation with the treatment program, prognosis, and
I understand that this consent will remain in effect and cannot be revoked by me until:
_____There has been a formal and effective termination or revocation of my release from confinement, probation, or parole, or other proceeding under which I was mandated into treatment, or
Other time when consent can be revoked and/or expires)
I also understand that any disclosure made is bound by Part 2 of Title 42 of the Code of Federal Regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records and that recipients of this information may redisclose it only in connection with their official duties.
I understand that my records are protected under the Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2, and cannot be disclosed without my written consent unless otherwise provided for in the regulations.
I also understand that I may revoke this consent at any time except to the extent that action has been taken in reliance on it, and that in any event this consent expires automatically as follows:
This notice accompanies a disclosure of information concerning a client in alcohol/drug abuse treatment, made to you with the consent of such client.
This information has been disclosed to you from records protected by Federal confidentiality rules (42 CFR Part 2).
The Federal rules prohibit you from making any further disclosure of this information unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by 42 CFR Part 2.
A general authorization for the release of medical or other information is NOT sufficient for this purpose.
The Federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient.
1.Acknowledges that in receiving, storing, processing, or otherwise dealing with any information from the Program about the patients in the Program, it is fully bound by the provisions of the Federal Regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2; and
2.Undertakes to resist in judicial proceedings any effort to obtain access to information pertaining to patients otherwise than as expressly provided for in the Federal confidentiality regulations, 42 CFR Part 2.
Executed this _____ day of __________, 199__.
__________________________
President
XYZ Service Center
(Address)
___________________________
Program Director
(Name of Program)
(Address)
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