Treatment Contract2 - MT Judicial Branch



MONTANA SEVENTH JUDICIAL DISTRICT COURT, RICHLAND COUNTY

DUI TREATMENT COURT

|STATE OF MONTANA, | Date: |

| Plaintiff, | |

| | Docket No.: |

| vs. |       |

| | |

|, | Judge Katherine M. Bidegaray |

| Defendant. | |

| | DUI TREATMENT COURT CONTRACT |

This contract is the Treatment Court contract for _________________________, who is hereinafter referred to as “I”. “Team” means the 7th Judicial District DUI Treatment Court Team, and includes any of the Team’s individual members. If admitted to the program by the Court, I agree to adhere to the obligations stated and to waive the rights listed below.

By initialing each of the following provisions, I acknowledge that I read and fully understand it.

_____ 1. I have [ } been charged with [ ] pleaded guilty to or [ ] been found guilty of one or more crimes that will be described in a separate document. I [ ] have [ ] have not been sentenced. I further agree to follow all conditions of probation. Whether or not I have been sentenced, I understand that my successful completion of probation depends upon my successful completion of the treatment court program.

_____ 2. The Judge will have personal knowledge of whether I am complying with this Contract. I hereby waive any right to disqualify, challenge, or request recusal of the Judge from my underlying case based upon knowledge the Judge gains from my participation in Treatment Court or from the Treatment Court Team.

______3. I will have Defense Counsel while I am in Treatment Court. Treatment Court Defense Attorney representation will be limited and non-traditional in that he or she will represent my interests with respect to treatment compliance and sanctions at the Team meetings. Because Treatment Court is a non-adversarial process, I will not have a contested hearing before the Judge on Treatment Court matters, other than termination from Treatment Court. As a result, Treatment Court may impose sanctions on me, including jail time, without a hearing before the Judge. I will, however, be entitled to a contested, adversarial hearing before the Judge if the Team decides to initiate termination proceedings. My Treatment Court Defense Attorney will represent me at such a hearing. If I believe I may be sanctioned or deemed non-compliant with treatment at an upcoming Team meeting, I must contact my Treatment Court Defense Attorney well enough in advance of the Team meeting so he or she can adequately represent my interests at the meeting. If I am terminated from Treatment Court, the Treatment Court Defense Attorney will no longer represent me.

RELEASE OF INFORMATION

_____ 4. I will provide confidential personal information to Team members for them to determine my suitability for the program and my progress (or lack of progress) in the program.

_____ 5. I authorize the release of all treatment information to the Team. I will sign a release of information for my medical, mental health, chemical dependency treatment, legal, social service, and educational records so my providers may provide written and/or oral reports to the Team. This is in Compliance with CFR42-2.

_____ 6. I will hear confidential treatment information regarding other Treatment Court participants during the Treatment Court sessions. I understand that I will be subject to civil and criminal penalties under state and federal laws and may be terminated from the Treatment Court program if I disclose confidential treatment information outside Treatment Court.

TREATMENT

_____ 7. I will attend, fully participate in, and complete all treatment, counseling, and education sessions, as scheduled, at my own expense.

_____ 8. I will also participate in and complete all programs as required by the Treatment Court, including developing a personal recovery plan, participating in self-help groups, and acquiring a sponsor.

_____ 9. Immediately upon acceptance into Treatment Court, I will begin treatment, at the treatment level determined by the treatment provider and the Treatment Court Team.

_____ 10. I will attend community support groups, recreation activities, workshops, parenting courses, and other activities organized by Treatment Court staff. I understand my graduation from Treatment Court will be delayed if I have not completed ALL required courses and activities.

_____ 11. If my behavior warrants, the Judge and Treatment Court Team may order additional treatment and/or inpatient treatment for me.

SUPERVISION

_____ 12. I will be supervised by the Treatment Court Coordinator and will complete individual face-to-face and telephonic meetings with the Coordinator. If I am on probation, I will also be supervised by a Probation Officer.

_____ 13. The Treatment Court or its designee will inform law enforcement that I am a Treatment Court participant. Law enforcement will inform the Treatment Court Team about any contacts I have with law enforcement, but I must nonetheless notify the Treatment Court Coordinator and my Probation Officer (if applicable) within 24 hours of any contact with law enforcement.

_____ 14. I will not use or possess any prohibited substance. If I use or possess a prohibited substance, I will report that use or possession to the Treatment Court Coordinator and my Probation Officer (if applicable) within 24 hours.

_____15. I will comply with any reasonable request made by law enforcement or the Treatment Court Coordinator, my Probation Officer, or their designee. I agree to subject myself, my possessions, and any place or object in which I claim a right or interest, including but not limited to my residence or vehicle, to a search without a warrant, upon a reasonable suspicion by the treatment court coordinator or any law enforcement officer, based on articulable facts, that you are violating Treatment Court rules or orders. Evidence lawfully seized is admissible as evidence in any proceeding whether or not the proceeding is for the offense in connection with which the search was originally made.

_____ 16. I will not change residence without prior approval of the Treatment Court Coordinator and my Probation Officer (if applicable). I will provide notice of any change in my contact information to the Treatment Court Coordinator and my Probation Officer (if applicable) at least 24 hours in advance. I will inform my Treatment Court Coordinator and my Probation Officer (if applicable) of any change in the residents in my residence within 24 hours.

_____ 17. I shall not leave the Seventh Judicial District, even for day trips, unless I obtain prior approval from the Treatment Court.

_____ 18. I will inform each employer of my involvement in Treatment Court and agree that any member of the Treatment Court Team may speak to my employer. I understand that I cannot use work as an excuse for noncompliance with court-ordered tasks. It is my responsibility to schedule work around my court and treatment requirements.

DRUG TESTING

_____ 19. I will provide a proper sample (including but not limited to blood, hair, breath, saliva, perspiration, or urine) for testing for the presence of alcohol or drugs as requested by Treatment Court. I will appear for testing as directed by Treatment Court. I understand that a Treatment Court designee will observe each drug test.

_____ 20. If I miss a drug test, fail to provide a test sample, provide a sample of insufficient quantity, alter a test sample, tamper with an alcohol monitoring device, tamper with a drug test, or produce a diluted or adulterated drug test, Treatment Court will consider the test to be a positive (dirty) test and sanction me accordingly.

_____ 21. If I ingest excessive amounts of fluids, my urine sample may test as diluted, and Treatment Court will treat a diluted urine sample as a positive test and sanction me accordingly.

_____ 22. I understand that the Treatment Court will dictate the time period to provide a drug sample. If I miss or alter a test or am late for one, Treatment Court may consider me positive for drugs or alcohol and may subject me to the same consequences as if I had actually tested positive for drugs or alcohol.

_____ 23. If I use a substance prohibited by Treatment Court, I will disclose and admit the use prior to testing. If I fail to disclose use and test positive, I will pay the additional costs associated with test confirmation and will be sanctioned accordingly. The Treatment Court Coordinator has discretion whether to send a test to a lab for confirmation.

PARTICIPATION AND COMPLIANCE

_____ 24. I will appear personally and on time for all scheduled Treatment Court sessions, appointments, and therapy sessions. Treatment Court will sanction me for unexcused absences. I must obtain prior approval from the Treatment Court Coordinator to be absent or late for a Treatment Court function and from the therapist and the Treatment Court Coordinator to be absent or late for a treatment session, even in case of illness.

_____ 25. I will dress appropriately for Treatment Court and treatment sessions. I will not wear clothing that bears violent, racist, sexist, drug- or alcohol-related themes; clothing that promotes or advertises alcohol or drug use; or gang colors, gang clothing, sunglasses, bandanas, or hats.

26. I will refrain from using profanity or glorifying use of drugs or alcohol. I will not make racist, sexist, sexual, violent, or offensive comments. Violence or threats of any kind to staff or other participants will not be tolerated. I will not engage in abusive, aggressive, or offensive behavior, or use insulting language or physical gestures. Treatment Court will sanction me for this type of behavior.

_____ 27. I will not bring food, drinks, cell phones, or electronic devices into court hearings.

_____ 28. I will be honest and forthright in all my statements to the Treatment Court Team members, therapist, and law enforcement.

_____ 29. I will seek and maintain employment or obtain employment counseling and complete high school or obtain a GED as directed by the Treatment Court.

_____ 30. I will keep the Treatment Court Coordinator and my Treatment Provider informed of my contact information, including address, telephone numbers, pager, or cell phone numbers. I agree to provide notice of any changes in my contact information at least 24 hours in advance.

_____ 31. I will complete each assignment on the date and time ordered. I will abide by every requirement ordered in my court order. Sanctions will be given accordingly.

_____ 32. I will not use mood-altering substances.

_____ 33. I will not purchase or possess any “designer drugs” that can be purchased legally over the counter without a physician’s prescription. I will not use or ingest any substance that states “not for human consumption” or any variation of not for human consumption.

_____ 34. I will not use or possess alcohol, illicit drugs, and drugs not prescribed to me. I will not associate with persons who use or possess alcohol, illicit drugs, or drugs not prescribed to them.

_____ 35. I will use prescription medication only as directed by the prescribing physician. I will advise each prescribing physician that I am a participant in a substance abuse treatment program. I will confirm with my physician or medical professional that each prescription medication or over-the-counter medication that I consume is non-addictive and does not contain alcohol. I will inform my Treatment Court Coordinator of every prescription medication that I am prescribed.

_____ 36. I will not eat any foods containing poppy seeds, hemp seeds, or alcohol (like vanilla extract, baked Alaska, cherries jubilee, etc); drink “non-alcoholic” beers (like O’Doul’s, Sharps); take over-the-counter medications (like Sudafed or Nyquil); use mouthwashes (like Listermint and Cepacol); use herbal/homeopathic medications, pseudo-ephedrine, colognes, perfumes, body sprays, insecticides, any alcohol-based or personal care product, including hand sanitizers (like Purell, GermX), or any adulterant that may result in a positive drug test.

_____ 37. I will not use or possess medical marijuana or associate with anyone who does.

_____ 38. I will not be disrespectful to or sexually harass any Treatment Court participant, any Treatment Court Team member, or any treatment provider. I understand that sexual harassment is any unwanted comment, gesture, writing, physical contact, or innuendo that is sexual in nature.

_____ 39. I understand that using medications, even with a prescription, could exclude me from participation in, or trigger my termination from, the Treatment Court program.

_____ 40. I will not use or possess any weapons unless specifically authorized by the Treatment Court and my Probation Officer, if I have one, and will disclose to Treatment Court the presence of any weapons possessed by me or anyone else in my household.

_____ 41. I will not enter any bar, casino, liquor store, or business whose primary business is the sale of alcohol or gaming.

_____ 42. If I violate any of the terms and conditions of Treatment Court, the Judge may order that I be detained or arrested without a hearing or a warrant.

_____ 43. I will not fraternize, or become romantically involved, with any other Treatment Court participant or with any member of the Treatment Court Team without prior permission of the Treatment Court Team because this type of fraternization is not conducive to a healthy treatment environment. If I become romantically involved with a treatment court participant or Treatment Court team member, I will immediately and fully disclose that involvement to my Treatment Court coordinator so that a determination can be made as to whether the relationship violates this contract.

_____44. I will pay treatment court costs and fees to the extent that the Treatment Court finds that I have the reasonable ability to pay. I will pay the cost of positive drug tests and the treatment court participation fee, which is currently $25.00 per week, all of which are subject to change. I will pay for my treatment.

_____45. I will be required to commit to seatbelt use when traveling in a motor vehicle and to transport children in child safety seats that are appropriate for their age, height and weight.

_____46. I am warned that driving while licenses are suspended or revoked may result in incarceration, additional penalties, and increased license suspension periods.   I am also expected to address my transportation needs appropriately by relying on properly-licensed friends and family members, walking or bicycling or taking public transportation.

INCENTIVES AND SANCTIONS

_____ 47. If I diligently comply with this contract, the Treatment Court Judge may approve incentives.

_____ 48. Upon receiving information from the Team or law enforcement sources that I am not complying with this contract, the Treatment Court Judge may impose sanctions. Not knowing the terms of the contract is not a defense to non-compliance with Treatment Court and will be sanctioned in addition to the non-compliance.

REQUIREMENTS FOR GRADUATION

_____ 49. I am responsible for fulfilling all Graduation Requirements, as more specifically set out in my Treatment Court Handbook, unless the Treatment Court Team waives specific requirements.

TERMINATION

_____ 50. The decision of whether to terminate me from Treatment Court rests solely with the Treatment Court Judge (or designated substitute Judge), guided by input from the Team.

_____ 51. If I cannot be located, the Treatment Court may hold a termination hearing in my absence.

_____ 52. If I am terminated from Treatment Court, the court that sentenced me in my underlying case may revoke my sentence and re-sentence me or initiate other proceedings in my underlying case.

_____ 53. If I breach any provision of this contract, the Treatment Court Judge or the Judge who sentenced me in my underlying case may issue a bench warrant for my arrest.

TERM OF CONTRACT

_____ 54. The term of this contract is ____ months unless the Treatment Court Judge orders an extension.

STATEMENT AND ACKNOWLEDGEMENT OF _______________________________

I, ________________________________, have read and initialed each paragraph of this contract. I have had adequate time to discuss this contract fully with the Treatment Court Defense Attorney. I understand the terms of this contract and what is expected from me. I freely and voluntarily agree to abide by the terms and conditions of this contract, and I understand the consequences of my failure to do so.

DATED this ______ day of ________________________, 20___.

________________________________

STATEMENT OF ACKNOWLEDGEMENT OF ATTORNEY

I, Lyle R. Panasuk, Treatment Court Defense Attorney, have fully advised _____________________________ regarding all of the terms and conditions of this contract. I believe he / she understands the contract. I further believe that he / she is entering into this contract out of his / her own free will, and that neither the Treatment Court Team nor any peace officer has made any promise, threat, or other improper inducement to cause him / her to enter into this contract.

DATED this ______ day of ________________________, 20___.

_______________________________________

Lyle R. Panasuk

Treatment Court Defense Attorney

STATEMENT OF APPROVAL

I, Katherine M. Bidegaray, Treatment Court Judge, have determined that the Treatment Court Defense Attorney has advised the participant of all of the terms and conditions of this contract and the participant signed the contract voluntarily. I believe the participant fully understands his / her duties and responsibilities as set forth in the contract. I hereby approve this contract this ______ day of ______________________, 20___.

________________________________

Katherine M. Bidegaray

7th Judicial District Treatment Court Judge

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