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LA CROSSE COUNTY DRUG
TREATMENT COURT PROGRAM
POLICIES AND PROCEDURES
MANUAL
La Crosse County, Wisconsin
(Reviewed and Updated December 2021)
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DRUG TREATMENT COURT
TABLE OF CONTENTS
Page 2 Table of Contents
Page 3 Mission Statement
Page 4-5 Introduction
Page 5 Drug Treatment Court Goals
Page 5-6 Eligibility Standards
Page 6-8 Intake/Referral
Page 8-9 Drug Treatment Court Treatment Team and Policy Team
Page 9 Adding or Modifying a Policy
Page 9-10 Drug Treatment Court Proceedings
Page 10-11 Drug Treatment Court Phases
Page 12 Drug and Alcohol Testing Protocol
Page 12-13 Use of Prescribed Medications
Page 13-14 Medically Assisted Treatment Guidelines (M.A.T.)
Page 14-15 Incentives Sanctions and Interventions
Page 15 Due Process Hearing
Page 15-16 Employment Expectations
Page 16 Commencement
Page 16 Costs
Page 16 Restitution, Department of Corrections and Drug Treatment Court Fees
Page 16 Voluntary Removal
Page 17 Maximum Benefits
Page 17-18 Expulsion
Page 18-19 Process for Expulsion
Page 19 Sentencing Court Notification
Page 20 La Crosse County Drug Treatment Court Contacts
Page 21 Legal Screening Tool (Appendix I)
Page 22 Letter to Medical Providers (Appendix II)
Page 23 Consent and Order Returning Case to Substituted Judge (Appendix III)
Page 24 Pre-Trial Drug Treatment Court Letter (Appendix IV)
Page 25 Readmission (Appendix V)
Page 26-28 Due Process (see Appendix IV)
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MISSION STATEMENT
THE LA CROSSE COUNTY DRUG TREATMENT
COURT PROVIDES INTEGRATED SUPERVISION
AND EVIDENCED-BASED SERVICES. THE COURT
RECOGNIZES THE EFFECTIVENESS OF
CULTURAL AND DIVERSITY AWARENESS TO
PROMOTE PUBLIC SAFETY, CRIME REDUCTION,
USE OF RESOURCES AND THE IMPORTANCE OF
IMPROVED QUALITY OF LIFE FOR PARTICIPANTS
AND COMMUNITY.
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INTRODUCTION
The La Crosse County Drug Court Treatment Court is specifically designed and
staffed to handle cases involving drug offenders through an intensive judicially
monitored program of substance abuse treatment, rehabilitation services, and
community supervision.
The Drug Treatment Court concept is based on an innovative program that was first
developed in Miami, Florida in 1989. The Drug Treatment Court concept has since
received widespread attention as an effective treatment strategy for drug-involved
criminal offenders. There are more than 1,000 such programs in operation throughout
the nation.
Drug Treatment Courts are built upon a unique partnership between the criminal justice
system and the treatment community that structures treatment intervention around the
authority and personal involvement of a single Drug Treatment Judge. Drug Treatment
Courts are also dependent upon the creation of a non-adversarial Drug Treatment
Courtroom atmosphere where a single judge and a dedicated Team of Drug Treatment
Court officers and staff work together toward a common goal of breaking the cycle of
substance abuse and criminal behavior.
Because of the unique problems and opportunities that present themselves in working
with offenders, treatment and rehabilitation strategies must be researched. Drug
Treatment Courts must be sensitive to cultural diversity and gender-based issues. Drug
Treatment Courts must recognize the following:
• Individuals with severe substance use disorders are motivated to succeed when
they are in the crisis of initial arrest and incarceration, so intervention should
occur as soon as possible.
• Preventing gaps in communication and ensuring offender accountability are
critically important. Therefore, Drug Treatment Courts must be highly
coordinated and very comprehensive.
• Addiction to drugs is a longstanding, debilitating and insidious condition; so
treatment must be long-term and comprehensive.
• Addiction to drugs seldom exists in isolation from other serious problems that
undermine rehabilitation, so treatment must include the integration of other
available services and resources, to include cognitive behavioral programming,
educational assessments, vocational assessments, psychological assessments,
housing, job training, and job placement.
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• Relapse and intermittent advancement are part of the recovery process; so
individualized progressive sanctions and incentives are integral to the Drug
Treatment Court strategy.
Key:
Participant = Drug Treatment Court Participant
Team = Drug Treatment Court Team
Judge = Drug Treatment Court Judge
Coordinator = Drug Treatment Court Coordinator
The goals of the La Crosse County Drug Treatment Court are:
• Reduce participant involvement in criminal behavior.
• Reduce participant costs associated with criminal case processing and re-arrest.
• Introduce participant to an ongoing process of recovery designed to achieve
abstinence from substance abuse.
• Promote participant self-sufficiency to encourage them to become productive and
responsible members of the community.
I. ELIGIBILITY CRITERIA:
Applicants must meet all the following criteria to be considered for admission to the
Drug Treatment Court:
A. Residency Guidelines: The applicant is an established resident of La
Crosse County according to Human Services guidelines or has sufficient
ties to the community to benefit from the services of the Drug Treatment
Court. Examples of sufficient ties are:
1. Transportation
2. Proximity
3. Able to list support people who are confirmed by the coordinator.
4. Family
5. Other time periods of confirmed residency.
B. Out of County Convictions: A person may be considered for participation
in the La Crosse County Drug Treatment Court if s/he meets the criteria
outlined in A.
C. Are found to have a severe Substance Use Disorder as determined by
clinical assessment.
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D. Applicants must meet the legal screening criteria (Appendix 1).
E. Is not solely subject to supervision for an out-of-state conviction.
F. Has not been convicted of, or has a pending charge of, homicide.
G. Is not solely subject to revocation of extended supervision.
H. Has been assessed as moderate to high risk/high needs using a validated
risk and needs assessment tool.
I. Has not been successful with traditional treatment. This may include:
• Failure to complete treatment.
• Failure to follow through with recommended treatment.
J. The person, if accepted, must agree to abide by all Drug Treatment Court
rules and modifications. Once a participant, he/she must agree to abide by
any future rule modifications while they are in the Drug Treatment Court
by signing the Drug Treatment Court contract and releases of information
which includes obtaining insurance to cover treatment requirements
(6/18).
K. The Team may determine that the participant is unable to benefit
positively from participation in the Drug Treatment Court Program or
participation would undermine the treatment of other participants.
II. INTAKE/REFERRAL
Drug Treatment Court is a post dispositional court requiring resolution of all
pending matters.
A. A person may be referred to the Drug Treatment Court Program by
a representative of the following disciplines:
1. A member of the law enforcement community.
2. The District Attorney’s Office.
3. A defense attorney.
4. A family member.
5. A treatment provider.
6. A Circuit Court Judge.
7. A Department of Corrections agent. (DOC)
8. Justice Support Services.
9. A Human Services Agency
10. Defendant self-referral
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Referrals to the Drug Treatment Court should take place as soon as possible after the
arrest of a potential candidate. The promptness of a referral will be taken into
consideration in the admission criteria reviews. The Wisconsin Treatment Court
Standards state: “Eligible treatment court participants must be promptly identified and
referred into program. Individuals should be identified and referred to the treatment
court program within 50 days from the time of arrest or trigger event.”
If facing revocation by the Department of Corrections, the referral should be made
within two weeks of the DOC agent serving the person with notice of revocation, so the
referral process can be completed before the revocation hearing.
Any Circuit Judge may make referrals to the Drug Treatment Court program at any time
the Drug Treatment Court has jurisdiction over the defendant, including the initial
appearance, bond hearings and sentencing hearings.
Substitution: A case would go to a different Judge if the sentencing Judge is the Drug
Treatment Court Judge.
a. If a participant is expelled, the sentencing Judge would
assume the case again. (See Appendix I)
The Justice Support Services Pretrial Coordinator conducts interviews daily with
defendants and completes the Public Safety Assessment (PSA). The Pretrial
Coordinator identifies defendants who may be eligible for the Drug Treatment Court
program that includes a Proxy score of 6 or 8; UNCOPE score of 3 or higher; a felony
charge and the COMPAS score. (Appendix II)
B. The referral forms must be completed and sent to the Coordinator. A
Team review cannot occur until the form is completed in full.
1. The referral form will include a detailed description of the
candidate’s current legal status, including the status of the
proceedings, as well as all pending criminal complaints.
C. The Coordinator will review the referral form and gather any collateral
information including a research-based risk and needs assessment and an
AODA assessment for the Team to review.
1. The Coordinator will complete the assessment and interview
process. It is anticipated that most referrals will be based on
joint recommendations of the District Attorney and the
Defense Attorney as part of the plea negotiation process if
accepted.
D. Candidates not meeting the eligibility standards will be sent a letter
to explain how the criteria were not met and why admission was
denied.
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E. If the candidate receives the letter explaining the reasons for denial of
admission, the candidate may appeal the decision in writing to the Team.
Any written appeal will state the reasons why the candidate believes the
objective criteria has been inaccurately applied. The candidate may
include any documentation which is relevant to the issue of meeting the
standards for admission. The written appeal must be provided to the Drug
Treatment Court within two weeks of the denial of admission. The Drug
Treatment Court Judge, after consultation with the Team, may uphold the
decision, reverse the decision, request further information and/or request
a face-to-face meeting of the candidate and the Team before further
decision.
F. If the Judge has also been assigned to the candidate’s pending criminal
case(s), and the admission is determined on the merits of the admission
criteria, the Judge will recuse him/herself from presiding on those criminal
cases. The parties may waive this requirement.
.
G. The La Crosse County Drug Treatment Court will send a letter to the
assigned Judge, Defense Attorney, District Attorney, and Department of
Corrections informing them that the candidate was screened and
determined to meet the criteria for participation. Participation in Drug
Treatment Court can be an option at sentencing.
III. THE LA CROSSE COUNTY DRUG TREATMENT COURT TEAM AND
DRUG TREATMENT COURT POLICY TEAM
A. The La Crosse County Team shall consist of the following:
1. The Judge, who shall be a Circuit Judge.
2. A representative from the District Attorney’s Office.
3. A representative from the Public Defender’s Office.
4. A Department of Corrections agent.
5. The Coordinator.
6. A Treatment Provider Liaison who will participate in weekly staffing
and expulsion hearings but will not vote on expulsions.
7. A representative from the law enforcement community.
8. If possible, a treatment provider from the community, who may
consult in staffing, hearings and expulsion hearings.
B. The tenure of each member of the Team will be subject to the discretion of
the Judge.
C. The Drug Treatment Court Policy Team shall consist of:
1. The Judge.
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2. The District Attorney.
3. The attorney manager or first assistant state public defender.
4. A supervisor from Department of Corrections.
5. A supervisor from Justice Support Services.
6. A representative from the Law Enforcement Community.
7. Alternates for each position may be appointed by the Drug Treatment
Court Policy Team representative.
8. Other individuals, including Team members, may attend upon
invitation, but will not have voting privileges.
D. Method for adding or modifying a policy:
1. Any Drug Treatment Court Policy Team member may request a
proposed new policy or proposed change in policy be added to the
Drug Treatment Court Policy Team meeting agenda.
2. Each request for a new policy or a change in policy will be submitted in
writing to the Justice Support Services Supervisor.
3. Input will be sought from the Participants and/or graduates for policy
changes as appropriate.
a. The request should include where the current policy is located
in the Drug Treatment Court policy manual, including the page
number, and a proposed draft of the addition or change.
E. Drug Treatment Court Policy Team meetings will be held the third Tuesday
every month unless otherwise scheduled.
IV. DRUG TREATMENT COURT PROCEEDINGS
1. The Drug Treatment Court calendar is a priority and will be held every
Thursday afternoon @ 3:30 P.M. unless otherwise ordered.
• Scheduling Drug Treatment Court hearings for sanctioned
participants outside of the Drug Treatment Court may happen on
occasion and will be based on team consultation.
2. All participants will attend as required. The Judge or Coordinator may
excuse a participant from Drug Treatment Court without approval from the
Team.
3. A closed staffing will take place prior to Drug Treatment Court. At the
staffing, members of the Team will advise the Judge of the progress
and/or any violations of each participant.
4. All in-Drug Treatment Court hearings will be on the record.
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5. During each Drug Treatment Court hearing, the Judge will discuss
progress with each participant and other interested parties when
appropriate. Sanctions will be imposed for any violations.
6. The Team may share information regarding any crisis situations that arise.
Crisis decisions may occur outside of regularly scheduled Team meetings
by the Department of Corrections agent, Drug Treatment Court
coordinator, Department of Corrections supervisor, and JSS Supervisor.
V. DRUG TREATMENT COURT PHASES
A. Treatment Phase Protocol
The Drug Treatment Court shall consist of 5 highly structured phases to
motivate, assist, and promote Participant recovery. The phases are
defined as follows:
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La Crosse County Drug Treatment Court
Phasing Structure
2021
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B. Drug and Alcohol Test Protocol
Each participant is subject to random testing for the purpose of detecting the
unauthorized use of alcohol, drugs, controlled substances or other chemicals
as follows
1. Any member of the Team, Law Enforcement or other professional
working with the Drug Treatment Court Program may request testing of
the participant at any time. Testing may be of the participant’s urine,
breath, blood, or saliva, and may include any approved, reliable
method.
2. The Drug Treatment Court Participant shall be assigned a color by the
Drug Treatment Court Coordinator and is responsible for calling
Justice Support Services color line (608-785-5532) daily to hear if their
color is called. Upon request, the participant shall deliver the requested
sample or testing method. If a sample is not produced within three
attempts, is not of sufficient quantity, is tampered with or falsified in
any way, or if a participant fails to report for a test, it will be treated as
a positive test for the presence of unauthorized alcohol, drugs,
controlled substances, or other chemicals.
3. Prior to delivering the sample, the participant will be asked whether or
not the test will be positive. If the participant acknowledges the test will
be positive, it will be considered a positive test, and the participant may
not be required to submit to testing. If the test is positive, the
participant may request a confirmation test; the participant will be
responsible for the cost of the confirmation test if the sample is
confirmed positive. The Drug Treatment Court will impose appropriate
interventions for any positive test, or test deemed positive.
4. Participants may not use products containing alcohol, including, but not
limited to, toothpaste, mouthwash, astringent, cough medicine or other
health or hygiene products. Participants are not allowed to use non-
alcoholic beer. Any tests that are positive for the presence of alcohol
will be deemed positive by the Team, and any explanation that the test
may be due to the use of products containing alcohol will not change
that determination.
C. Use of Prescribed Medications
1. There are certain prohibited medications, however, participants
will not be prohibited from utilizing prescribed medications. The
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Team will use the following guidelines:
a. A participant using a prescribed medication will not advance
within the phase unless a waiver is granted. Medications
used to treat addictions may be approved by the team.
Medications used to treat addictions (Methadone, Suboxone,
Vivitrol, Naltrexone, etc.) may be approved by the team.
b. A participant must take all medications as prescribed.
1. A waiver request must include documentation from
the participant’s physician outlining the diagnosis that
requires the prescribed medication of abuse including
alternatives were discussed and found inadequate.
c. The Team encourages participants to follow the
recommendations of the participant’s professional
prescriber when taking prescribed medications.
d. Participants will provide a letter to medical
professionals (see Appendix II)
D. Medically Assisted Treatment Guidelines (M.A.T.)
1. National Association of Drug Court Professionals Resolution of
the Board of Directors:
a. “The (Drug) Treatment Court Team does not impose
blanket prohibitions against the use of the M.A.T. for their
participants. The decision whether or not to allow the use
of M.A.T. is based on a particularized assessment in each
case of the needs of the participant and the interests of
the public and the administration of justice.
b. The (Drug) Treatment Court Team bases their decision
whether or not to permit the use of M.A.T., in part, on
competent expert evidence or consultation. In cases in
which a participant, the participant’s legal counsel, or a
medical expert has requested the possible use of M.A.T.,
the judge articulates the rationale for allowing or
disallowing the use of addiction medication.”
2. Drug Treatment Court criteria for M.A.T.
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a. Must be an approved provider based on license and
certification and with a prescription for the necessary
medication.
b. Reciprocal releases are signed.
c. Communication must be open and frequent between the
team and provider.
d. M.A.T. must be included in the case plan.
VI. INCENTIVES SANCTIONS AND INTERVENTIONS
Incentives are awarded to participants for many reasons specifically for demonstrating
progress towards meet case plan goals.
Sanctions are a response to any violations of the rules of the Drug Treatment Court and
may result in a response as determined by the Team.
The Team will use an incentives and sanctions matrix during weekly staffing to help
guide their responses to participants behaviors.
Interventions are a response to assist a Participant in identifying and correcting a
behavior that is preventing progress toward case plan goals.
A. Incentives may include:
• Reduced jail time.
• Driver’s license reinstatement.
• Bus Tokens
• Gift Certificates
• Positive Team interaction
• Phasing
• Assistance with employment.
• Removal of curfew.
• Removal of an electronic monitoring device.
• Reduced testing
• Recognition
• Verbal praise from the Judge.
• Entry into the Fishbowl Drawing
• Recognition on the *Star Chart*
B. Sanctions may include:
• Jail
• Curfew
• Electronic Monitoring
• Increased Supervision
• Day reporting
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• Phase consequence
• Community Service
• Completing an essay
• Payment when lab report differs from participant report
C. Interventions may include:
• Increased Alcohol Testing
• Increased Support Groups
• Verbal Warnings
• Team Intervention
a. Request the participant to come before the Team to discuss
Drug Treatment Court participation concerns.
• Increased treatment
• A homework assignment to assist in changing the behavior
D. Time spent in confinement will NOT count toward phase advancement. Time
spent in residential or in-patient treatment may be applied in the discretion of
the Team. Furthermore, participants who were positive for drugs or alcohol
during the period since their last appearance in Drug Treatment Court, or who
are in jail during the Drug Treatment Court session, will not be entitled to
participate in any in-Drug Treatment Court incentives.
VII. DUE PROCESS EVIDENTIARY HEARING
A. When a participant has incurred any violation(s) of the rules of the Drug
Treatment court, jail may be considered as a response by the Drug Treatment
Team.
B. When the period of incarceration being considered is longer than a one-week
period, the participant may request an evidentiary hearing to address the
violation(s) of the Drug Treatment Court rules and the response to alleged
violation(s).
C. When the recommendation of the team is to incarcerate a participant while they
are awaiting placement at a treatment facility, the participant may a request an
adversarial evidentiary hearing to challenge the extended incarceration.
D. A participant may choose to knowingly, intelligently and voluntarily waive their
right to a due process hearing. (See Appendix IV)
VIII. EMPLOYMENT EXPECTATIONS
Participants are REQUIRED to notify employers of their
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participation in the Drug Treatment Court program at a time to be
determined with their case manager. Employers may be contacted
to verify work hours, employment status, and to answer any
questions employers may have about the Drug Treatment Court
Program.
IX. COMMENCEMENT
Eligibility to commence requires completion of the three phases of
the structured portion of the Drug Treatment Court Program, to
include the payment of all assessed fees, and after submission of a
qualifying application for commencement and upon
recommendation for commencement by the Drug Treatment Court
Team. The Commencement Ceremony will be a celebration of
successful completion of the three phases of the Drug Treatment
Drug Treatment Court.
If all Phase III criteria are met, participants may request an earlier
scheduled commencement Drug Treatment Court date if scheduled
beyond actual completion of the program.
X. COSTS
Each participant shall pay the Drug Treatment Court Program fee
of $750.00 to participate in the Program. The Judge will waive
$250 of this amount upon the Participant completing 25 hours of
Community Service work. The fee must be paid according to La Crosse
County Human Services policy prior to commencement.
XI. RESTITUTION, DEPARTMENT OF CORRECTIONS, AND DRUG
TREATMENT COURT FEES
Good faith effort must be demonstrated for payment of Department
of Corrections, restitution, and Drug Treatment Court fees. A payment
plan will be established in Phase I and payments made during Phase II
and Phase III.
XII. VOLUNTARY REMOVAL
A participant will not have the option to quit the Drug Treatment Court
Program. Successful completion of or expulsion from the Drug Treatment
Court Program are the only acceptable ways to leave the Program.
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XIII. MAXIMUM BENEFIT
A determination by the Team that the participant is unable to
benefit positively from any further treatment or continuation in the
Drug Treatment Court Program and the continuation of the
participant would undermine the ability of other participants to
succeed in the program
The participant will be asked to meet with the prosecutor and Department
of Corrections agent to determine if the participant is agreeable to the
recommendations being made by the prosecutor and the Department of
Corrections agent.
If the client agrees to the recommendations, the client will
petition the Drug Treatment Court for termination from the program.
If required a hearing will occur in front of the sentencing Drug Treatment
Court. The Team recommendation will be forwarded to the sentencing
Court for consideration.
XIV. EXPULSION (See Appendix III)
A participant may be terminated from the Drug Treatment Court Program
for the following:
1. Commission of a violent crime.
2. Failure to attend scheduled Drug Treatment Court
hearings as a result of incarceration.
3. Abandonment of the Drug Treatment Court Program.
a. Abandonment refers to any length of time a participant
is determined to have absconded, and the Team decides
that the participant should be expelled from the Drug
Treatment Court Program.
4. A participant who has absconded can be expelled from
The Drug Treatment Court Program at any time.
5. Evidence indicating that the Drug Treatment Court
participant is involved with drug use, drug dealing,
assaultive behavior, or driving while under the influence of
an intoxicant.
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6. Any other grounds that the Drug Treatment Court finds sufficient for
expulsion.
When expulsion is determined appropriate, the participant will be encouraged to
ask for an admission hearing to re-enter the Drug Treatment Court Program.
1. A plan to complete the Drug Treatment Court Program must be
submitted for consideration at re-admission the hearing.
2. The Team will meet with the participant.
3. If the Judge has also been assigned to the candidate’s pending
criminal case(s), and the expulsion is determined on the merits of the
expulsion criteria, the Judge will recuse him/herself from presiding on
those criminal cases. The parties may waive this requirement.
4. The Team will inform the participant of Team decision.
PROCESS FOR EXPULSION
Any member of the Team may make a Motion for Expulsion. The expulsion candidate
will be served with a notice of expulsion, to include the date and time for the initial
expulsion hearing and the right to be represented by an attorney.
1. Treatment court team and with the participant present. The expulsion candidate
may have the representation of an attorney for this hearing. The Treatment Court
Judge will leave the expulsion meeting during the team discussion and the vote.
Upon a majority vote by the Team, a recommendation for expulsion will be made
to the Judge. For the purposes of admission a majority is defined as 3-2. If there
is no majority vote for expulsion, the expulsion candidate will continue in the Drug
Treatment Court Program. The Team members are entitled to one vote from
each membership position, consisting of the District Attorney’s Office, the Public
Defender’s Office, Department of Corrections, the Coordinator, The Initial
Expulsion Hearing will be set before the Drug and the La Crosse County Human
Services Department. A representative from each entity is required to be present
for the initial expulsion hearing held for each expulsion candidate.
2. Absconding expulsion protocol (2009):
a. A participant who has absconded from the program for any length of time,
could be expelled from the program if the team determines this is an
appropriate outcome.
b. A participant who has absconded and been absent for six months will
automatically be expelled from the Program.
c. In both instances 2a and 2b, the participant will be allowed to ask for an
admission hearing to re-enter into the program.
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d. The participant must bring to the admission hearing a plan outlining the
objectives and goals they intend to follow through with to complete the
program.
3. Readmission to the Program if previously expelled or commenced:
a. Re-entry will be considered on a case-by-case basis.
b. What treatment is available that was not available before?
c. Age and circumstances at first entry considered.
d. What time is left to serve?
4. If the Team recommends expulsion, the expulsion candidate will be notified at
the next Drug Treatment Court Session and the matter will be set for an
expulsion hearing before the Judge as soon as practical during a future Drug
Treatment Court session. The expulsion hearing will be on the record, in open
Drug Treatment Court, and in front of the other participants. An attorney may
again represent the expulsion candidate.
5. If the Judge agrees that there is a basis to grant the Motion for Expulsion,
findings and conclusions will be made on the record, and the participant will be
expelled from the program and referred to a Sentencing Judge for imposition of
sentence on the charges that had been referred to the Drug Treatment Court
Program. The Judge will execute an expulsion order following the approval of
the expulsion motion. The Judge will immediately revoke any charges that are
the subject of a Drug Treatment Court diversion contract and judgments for said
charges will be entered into the record; a pre-sentence Investigation will be
ordered; if the defendant is not subject to a bond, a bond will be set; and if the
defendant is already subject to a bond, the terms and conditions of the bond will
be addressed.
XV. SENTENCING COURT NOTIFICATION
A Sentencing Court shall be notified as follows:
1. When the participant successfully completes the Drug Treatment Court
Program, the Sentencing Court will be so notified. Drug Treatment Court
cases will, if possible, be promptly closed.
2. If the participant is expelled from the Drug Treatment Court Program, the
Sentencing Judge will be provided with a copy of the expulsion motion
executed by the Judge following the expulsion hearing. No other
information will be provided by the District Attorney's Office to the
Sentencing Judge, unless first disclosed to the Sentencing Judge by the
former participant.
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XVI. LA CROSSE COUNTY DRUG TREATMENT COURT TEAM MEMBERS:
1. Judge: Judge Scott Horne
2. La Crosse County District Attorney's Office Representative/Assistant District
Attorney: Courtney Strittmater
3. Public Defender's Office Representative: Rachel Krueger
4. Department of Corrections/Division of Community Corrections: Emma Peterson
5. The Justice Support Services members:
Drug Treatment Court Coordinator: Jodie Muth
Supervisor: Anne Patton
JSS Manager: Tonya Van Tol
6. Law Enforcement Representative: Investigator Andy Tolvstad
7. Treatment Provider Representative: Deb Stelmach, RN, CSAC, LPC-IT, Driftless
Recovery Services
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APPENDIX I
La Crosse County Drug Treatment Court
Legal Screening Tool
Defendant’s Name: Case Number(s):
Defendant’s Address: Defendant’s Phone #:
Date of Arrest
1
:
The purpose of this tool is to ensure that there are no criminal history or pending charge criteria for
automatic exclusion from the La Crosse County Drug Treatment Court prior to the Drug Treatment Court
evaluations for admission based on other criteria. These criteria apply to both cases pending in the Courts
and those being considered for an Alternative to Probation Revocation (ATR)
2
.
Defendant’s Supervision Status (all criteria must be met for further screening)
☐Is not solely on Interstate Compact supervision.
☐Is not solely on Extended Supervision.
Defendant’s Conviction History (all criteria must be met for further screening)
☐Has not been convicted of a crime of violence, including an attempt, in the last 5 years.
3
☐Has not been convicted of a Residential Burglary when people were present in the last 5 years.
4
☐Has not been convicted of a felony offense involving a firearm
5
in the last 5 years
6
.
Defendant’s Current Offense(s) (all criteria must be met for further screening)
☐Is a felony or enhanced misdemeanor that may be punishable by a prison sentence
☐Is not a crime of violence.
☐Is not a Residential Burglary.
☐If the crime alleged is delivery or possession with intent to deliver, the total weight
7
of each
controlled substance in the case does not exceed:
-3g at the time of charging for heroin or fentanyl.
-7.5 g at the time of charging for methamphetamine or cocaine/cocaine base
☐Does not involve a firearm or facsimile firearm.
8
Reason for exception:
Reviewed by:
District Attorney/Deputy District Attorney
1
If multiple cases, most recent arrest date should be used. Evidence shows that admission to Treatment Court within 50 days of arrest is most
effective.
2
Limited exceptions (less than 10% of admissions) may be made to these exclusionary criteria, only upon stipulation of the parties and with the
approval of the District Attorney or Deputy District Attorney.
3
The definition of “crime of violence” for admission purposes can be found in the Crime of violence is defined by the Drug Court Violent Crime
list, adapted from the Statewide pre-trial work group definitions of crimes of violence. A copy may be found in the La Crosse County Drug
Treatment Court Policy and Procedures
4
Will need a copy of the relevant criminal complaint to see if the burglary involved a residence.
5
Firearm is defined a weapon which acts by the force of gunpowder. It is not necessary that the firearm was loaded or capable of being fired. See,
WIS JI-Criminal 1343 Possession of a Firearm - 941.29(1m) (Wisconsin Jury Instructions - Criminal (2020).
6
May need to review factual basis of felony convictions to see if a firearm is involved, if possible.
7
The original alleged weight is what is to be considered, not any agreed reductions for purposes of plea agreement.
8
A facsimile firearm is defined here as a BB gun or Airsoft-type gun.
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APPENDIX II
To: Medical Providers
From: La Crosse County Drug Treatment Court
Your patient is providing you with this letter because he or she is a Drug Treatment
Court participant.
The La Crosse County Drug Treatment Court provides integrated Drug
Treatment Court supervision and substance abuse services to a diverse
population in La Crosse County to reduce drug related crimes, better utilize jail
resources, and improve the quality of life of substance abuse offenders resulting
in increased community safety and improvement of the quality of life in the whole
community.
The Drug Treatment Court Team requests that physicians prescribing medication(s) to a
participant attempt to prescribe medication that will not pose a risk to the participant’s
recovery from addiction. The Team is aware that this is not always possible but asks
that alternatives be explored prior to prescribing a habit-forming medication.
Thank you for your time and consideration. If you have further questions, please feel
free to contact the Coordinator at 789-4895.
Respectfully,
___________________________________________
Drug Treatment Court Coordinator
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APPENDIX III
STATE OF WISCONSIN CIRCUIT COURT LA CROSSE COUNTY
State of Wisconsin
CONSENT AND ORDER RETURNING
CASE TO SUBSTITUTED JUDGE
vs.
(Defendant/Respondent name) Case No. (Case Number)
The defendant ________________________hereby requests pursuant to sec. 971.20
(11) that the criminal action and all pertinent records be transferred back to the
Honorable _____________________ (substituted judge) to allow for participation in
the La Crosse County (drug) (OWI) Court. The defendant understands and agrees that the
aforementioned judge has full authority to act in this case consistent with Wisconsin law and
treatment court policies and procedures.
___________________________________ __________________________________
Defendant Defendant’s Attorney
Consent to Return Action to Substituted Judge
The undersigned agree that the aforementioned matter shall be transferred back to the
Honorable ____________________________ to allow for treatment court participation with the
judge having full authority to act consistent with Wisconsin law and treatment court policies and
procedures pursuant to sec. 972.20(11).
__________________________ _______________________ _____________________
Prosecutor Assigned Judge Substituted Judge
Order Returning Action to Substituted Judge
Pursuant to sec. 972.20(11), Wis. Stats., and upon the consents set forth above, the
aforementioned matter is transferred back to ___________________________ to allow for
participation in the La Crosse County (OWI) (Drug) Court.
Dated this ____day of_____________, 20 .
Circuit Judge, Branch
Assigned Judge
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APPENDIX IV
Pre-Trial Drug Treatment Court Letter
Hello Attorney ____,
My name is Jodie Muth and I am the Drug Court Coordinator for La Crosse County.
Based on pretrial screening tools, (name), may be eligible for Drug Court. I have
attached the eligibility criteria and legal screener for your information if you would like
this client to be considered. Their legal history will be screened through the District
Attorney’s office after receiving all necessary documents. Best practice suggests that
clients should be referred and screened and begin the program within 50 days of an
arrest/violation. If considering Drug Court, please submit the information in a timely
manner.
If your client is also under supervision with the Department of Corrections and is
interested in pursuing Drug Court as a Formal Alternative to Revocation or response to
their violations, please contact the agent of record as soon as possible to discuss this
option.
Please let me know if you have any questions.
Thank you!
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APPENDIX V
LA CROSSE COUNTY DEPARTMENT OF HUMAN SERVICES
POLICY AND PROCEDURES
POLICY/PROCEDURE:
A. A Drug Treatment Court participant who has absconded from the program for more
than 30 days could be expelled if the team decides this is an appropriate outcome.
Expulsion for absconding could occur in less than 30 days at the team’s discretion.
The team may consider factors including by not limited to reports the participant is
committing crimes in the community or is a danger to self or others.
1. Upon request for re-admission the former participant will be asked to specifically
address the behaviors that led to absconding from the program and outline their
plan to comply with program expectations and requirements.
2. The team will review this information and notify the former participant of the
decision regarding re-admission.
3. There is no appeal procedure regarding the team’s decision. At the Drug Treatment
Court Coordinator’s discretion an interview may be conducted to gather additional
information to be shared with the team
B. A Drug Treatment Court participant who requests re-admission if previously expelled
or graduated:
1. In either instance of expulsion (other than for absconding) or graduation the
former participant will be allowed to request referral for re-admission into the
program.
2. The team will consider readmission on a case-by-case basis. Factors
considered may include but are not limited to what treatment is available that
may not have been available previously; the former participant’s age upon
first entry into the program; the time elapsed since graduation or expulsion;
and whether readmission is being requested on the same criminal case for
which they were originally accepted into the program.
3. There is no appeal procedure regarding the team’s decision.
POLICY TITLE: Drug Treatment Court Re-Admission Procedure
PURPOSE: To identify the process of re-admission for a Drug Treatment Court participant if previously
expelled or graduated or expelled for absconding from the program.
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APPENDIX VI
PROCEDURES FOR DUE PROCESS HEARING
• PARTICIPANT RIGHTS
o The participant who is alleged to have committed a violation(s) warranting
an extended incarceration sanction shall be entitled to:
▪ Notice of the violation and/or allegations used as the basis for the
extended incarceration
▪ To be present at the due process evidentiary hearing
▪ The right to call their own witnesses
▪ The right to cross-examine witnesses
▪ The right to factual findings
▪ The right to counsel (see below for additional information)
o If a participant wishes to knowingly, intelligently, and voluntarily waive
their right to a due process hearing they:
▪ Have a right to be present during a waiver of the due process hearing
▪ Must be informed of their right to a due process hearing
▪ Not be under the influence of any substances which could impact
their ability to understand the waiver of the due process hearing
o [Due to the COVID-19 pandemic and local court rules, a participant may
appear for their due process hearing via videoconference]
• RIGHT TO COUNSEL
o The representative from the State Public Defender functions as a team
member of the La Crosse County Drug Treatment Court; thus, to avoid any
conflicts of interest, this team member will not represent the participant in
the due process hearing
▪ The Defense Counsel Team Member can provide limited
information to participants:
• How to apply for Public Defender representation
• The procedures for due process hearing
• The violations / allegations against the participant
• Possible sanctions that are faced by the participant
o The participant is entitled to counsel to assist them with an evidentiary
hearing
o Should the participant wish to have counsel for an evidentiary hearing, they
will be required to apply to the La Crosse State Public Defender’s office.
JSS ADULT FOLDER W DRIVE: JUSTICE SUPPORT SERVICE POLICIES FOLDER
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▪ The State Public Defender will appoint counsel to the participant if
the qualify
▪ If the participant does not qualify, they may apply for counsel
through the court
▪ The participant may choose to hire their own counsel
o The Due Process hearing may be adjourned to a later date to give the
participant and their defense counsel adequate time to prepare
o If the participant wishes to waive their right to counsel and proceed pro-se,
the court must ensure that the participant knowingly, intelligently, and
voluntarily waives their right to an attorney
9
o A participant who has waived their right to counsel may nevertheless re-
assert that right
10
• DISCOVERY
o The participant and their attorney are entitled to the records related to the
violations, which may include the test results, the reports of the testing lab,
the procedures of the testing lab, etc.
o If the violation(s) involve or include non-drug test violations (behavioral /
other rules violations), the participant’s counsel may request such records
from the appropriate reporting agency
o Waivers or releases may be required in order for participant’s counsel to
receive certain protected or otherwise confidential information
• STANDARD OF PROOF
o The allegations of violations by the participant must be established by the
State by preponderance of the evidence
• EVIDENTIARY STANDARDS
o If the violation involves drug testing results, the standard of proof for the
drug test results must have an indicia of “sufficiently reliable”
11
o There must be a clear chain of custody for the samples and opportunity for
timely confirmation testing
12
o Hearsay is permissible in a due process hearing
13
1
Iowa v. Tovar, 541 U.S. 77, 92 (2004)
2 Robinson v. Ignacio, 360 F.3d 1044 (9th Cir. 2004)
3 See e.g., People v. Dorcent, 29 Misc.3d 1165, 909 N.Y.S.2d 618 (2010) (SCRAM Meets Frye Test of scientific
reliability for admission in court); In re E. M., 728 N.W.2d 853 (Iowa App. 2007) (sweat patch reliable, unless
evidence of environmental contamination). But also see e.g., Wilcox v. State, 258 S.W.3d 785, 785 (Ark. Ct. App.
2007) (explaining that the test was not reliable because the pH level and temperature was not established)
4 https://www.watcp.org/wp-content/uploads/2013/07/WATCP-Wisconsin-Treatment-Court-Standards-Publication-
Revised-2018.pdf
5 See Taylor v. State, CR-15-0354 (Ala. Crim. App. 9/9/16)(equating that a due process hearing is similar to a
probation revocation hearing and therefore is not criminal in nature, thus formal rules of evidence not necessarily
applicable)
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• HEARING PROCEDURES
o The Due Process hearing must be held on the record
o The hearing may be held at a time other than the usual prescribed drug
court meetings (currently Thursday afternoons at 3:30PM)
o The State shall present its witness(es) for each of the
violation(s)/allegation(s) of the participant
o The participant has a right to cross-examine the witnesses brought against
them
o After the close of the State’s evidence, the participant and their counsel
may present their own witnesses, subject to cross-examination by the state
o At the end of the hearing, both the State and the participant’s attorney may
make closing statements to the presiding judge
POTENTIAL OUTCOMES
• Depending on the outcome of the evidentiary hearing and whether any of the
violations alleged or reasons for incarceration were deemed to be founded or
unfounded:
o The original jail sanction may be imposed
o The original jail sanction may be reduced
o The participant will not be incarcerated
• Time spent incarcerated due to a sanction will NOT count toward phase
advancement.
• Furthermore, participants who were positive for drugs or alcohol during the period
since their last appearance in Drug Treatment Court, or who are in jail during the
Drug Treatment Court session, will not be entitled to participate in any in-Drug
Treatment Court incentives.
