DRUG TREATMENT COURTS. THE SUCCESSFUL CASE OF CHILE. Catalina Droppelmann R....
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Transcript of DRUG TREATMENT COURTS. THE SUCCESSFUL CASE OF CHILE. Catalina Droppelmann R....
DRUG TREATMENT COURTS.DRUG TREATMENT COURTS.THE SUCCESSFUL CASE OF CHILE.THE SUCCESSFUL CASE OF CHILE.
Catalina Droppelmann R.cdroppelmann@pazciudada
na.clSantiago, Chile
CHILE
Population 16,432,674
Capital Santiago
Official language Spanish
Government Democratic republic
President Michelle Bachelet
GDP (PPP) total US$ 196,401 million
per capita US$ 12,983
Population 16,432,674
Capital Santiago
Official language Spanish
Government Democratic republic
President Michelle Bachelet
GDP (PPP) total US$ 196,401 million
per capita US$ 12,983
Fundación Paz Ciudadana (FPC)
Is a non-partisian, non-profit organization founded in 1992.
FPC works in close collaboration with governmental and non-governmental institutions, as well as with the media and renowned professionals from the public and private sectors.
Contribute to reducing crime and fear of crime by providing technical support to the formulation of the relevant public policies and transfering knowledge and work methodologies to tackle the problem.
MISSION
Criminal Justice System in Chile
2000-2005: radical criminal justice reform:
Transformation from an inquisitorial and written system to an adversarial and oral procedure.
New institutions: Public Prosecutor’s Office, National Defense Service (public/private).
New Procedural Code.
Introduction of regulated discretion: simplified procedures and diversion figures.
Crime has been rising for the last decade.
Prison population has been increasing.
High prison population rate, by international standards.
Drug offenders represent 9% of the prison population, and 1% of recorded crime.
67% of arrestees* tested positive for any illegal drug, and 60% for cocaine.
* arrested for: theft, robbery, assault, homicide and rape.
¿ Why is it important to implement DTC’s in Chile?
1176
2.502 2.490
0
500
1000
1500
2000
2500
3000
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
* Considers theft, robbery, assault, homicide and rape.Source: Ministery of Interior, 2006
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
Denuncias 166.482 172.487 196.253 218.481 263.740 294.529 357.619 399.507 407.000 409.093
Cada 100.000 Hbtes 1.176 1.202 1.349 1.480 1.694 1.871 2.246 2.482 2.502 2.490
Recorded Crime* Rate 1997-2006
(per 100.000 inhabitants)
Source: Chile, Anuario de Gendarmería, 2006
Prison Population in Chile (1996-2006)
39.41737.003
-
10.000
20.000
30.000
40.000
1996 1998 2000 2002 2004 2006
+ 6.5%
Source: FPC, I-ADAM in Chile, 2005
67%60%
38%
1% 1% 1%
Any ill
icit d
rug
Cocain
e
Mar
ijuan
a
Amph
etam
ines
Met
hamph
etam
ines
Opia
tes
Arrestees Drug Abuse% of arrestees who tested positive in urinalysis for:
* arrested for: thefts, robberies, assaults, homicides and rapes.
Monitoring and evaluation
Carring out
Expansion and gaining institutional support
Adaptation-pilot proyect
Awarennes and training
Research
Interinstitutional Project coordinated by:The Drug control OfficeThe Prossecutor Office
Fundación Paz Ciudadana
Implementation: Stages of the process
Implemetation: Stages of the process
Research: in 2003/04 FPC considers the feasibility of introducing DTC in Chile and analyses the legal framework; first international contacts and publications were made.
Raising awareness : in 2004 and 2006 international experts visited Chile and in 2005 a Chilean delegation participated at the NADCP Conference.
Model adaptation - pilot projects: Valparaíso (2004), South Santiago (2005), Downtown and North Santiago (2006).
Implemetation: Stages of the process
Stages of the process (cont.):
Expansion/ gaining institutional support: national working group on DTC (2006); special quota at treatment programs, public funding to support the pilot projects.
Operation: Local initiatives since 2004; that have become official Government pilot projects since 2007.
Follow up and evaluation: gathering data and looking at the process.
In wich stage of the legal process do the DTCs operate?
The contact with Justice could be an opportunity to provide treatment to offenders with drug problems.
There have to be different alternatives in all thE stages of the criminal justice process in order to give a response to offenders with different needs.
DETENTION LEGAL PROCEDURE
PRISION SYSTEM POST PRISION SYSTEM
DRUG TREATMENT COURTS
Legal Context: Conditional suspension of theprocedure
Conditional suspension of the procedure
It´s allowed for offenders without any previous criminal records and risking penalties below 3 years of prision.
The measure allows regular hearings, in which the conditions might be modified.
The judge cannot impose periods of incarceration.
If the participant commits another crime or violates the conditions the measure can be revoked.
If it is fulfilled, the original charges are dismissed.
The institutions involved in the program sign a statement of support:
1. Supreme Court.2. Ministry of Justice.3. National Drug Control Office.4. Prosecuttor Office.5. Defendant Attorneys National Office.6. Fundación Paz Ciudadana.
These institutions participate in a interinstitutional workshop that cares for the expansion and look for terms agreements to promove the DTC´s in Chile.
Gaining institutional support
Coordination of the National DTC Project
A small operative group cares for the implemetation process and gives support for the programs. It is composed by:
Conace (National Drug Control Office): Gives finantial support for treatment and for court liason proffesionals. Cares about treatment and clinical screenning process.
Prossecutor Office: Coordinates the legal aspects of the project. Hire the court liason and ccordinated each program by the coordinators in every local program.
Coordination of the National DTC Proyect
(cont) A little operative group cares for the implemetation process and gives support for the programs. It is composed by:
Fundación Paz Ciudadana: Make awareness with projects that are starting. Gives technical support, train judges, prosecutors and defendant attorneys. Supervise the impmentation process. Makes process and impact evaluations and ensure that the project grows with fidelity to the DTC approach and their key.
Minimum elements to instal a DTC
¿When?Prehearing meetingsand hearings blocks
¿How?• Mission of the program.• Clear ellegibilty criteria.• Goals.• Procedures.
¿Who?Judge, prossecutor,
defendant attorney, court liason.
¿With whom?Tratment providers and
Social proteccytion services.
DTC Team
Judge
Court Liason Prosecutor CoordinatorDefender Attorney
Treatment Providers
Tecnical assitance
Conace
Technical assistance FPC
Procedures
Legal evaluationUnsuitable
Suitable
Continue the regular process
First Drug Assessment (Suspiction of drug abuse)
+ Drug abuse - Drug abuse
2nd Drug Assessment Confirmation of Drug abuse
Confirm Descart
First Hearing Judge decree the CSP and establishes the work plan
Follow up hearingsGraduation
Pre-court meetings to discuss the cases
Finish of the cause/Charges dismissed
Reports
DTC Programs
There are DTC programas in 2 cities:
1. Valparaíso: DTC in 1 court.2. Santiago downtown: DTC in 6 courts.3. Santiago south: DTC in in 4 courts.
2008 proyects:
1. Iquique: DTC in 1 court.2. Antofagasta: DTC in 1 court.3. Santiago west: DTC in 1 court.4. Santiago east: DTC in 3 courts.
DTC Programs
1
5
6
12
18
0 5 10 15 20
2004
2005
2006
2007
2008
DTC
Growth of DTC´s in Chile
At the end of 2008 we will have 18 courts working under the DTC model
Abandon46%
Expulsion35%
New crime19%
41
75
26
13
0
10
20
30
40
50
60
70
80
90
100
In evaluation In program Out of the program Graduates
Total: 155
ResultsOut of the program
Challenges
The expansion has to be faithful with DTC approach.
Current institutional support.
Accountability al least of one institution.
Exploring other legal tools to expand the program to more offenses.
Counting with reinsertion programs and work offers for graduates.
Challenges
Creating a DTC national public policy without forgetting the differences between the communities.
Making good evaluations in international standars.
Having continuous training for the operators of the system.
Share experiences with other countries.
Challenges
The principal challenge is that the institutional goals do not interfere with the expansion of the project.
Criminal Justice System: Reduce recidivism.
Health (treatment services): Promote mental health by attacking the drug use.
¿How to create accountability in a project in which a lot of institutions are involved?
It is easier from the local level.
Personal commitment of the operators of the system is very important.
Promotes alternatives
To incaceration
Insert innovation
into Criminal Justice System
Decrease drug use
Promote public savety
Reduce recidivism
Save costs
DTC
Showing the benefits of the DTC approach for each institution
Home officeProsecutor Office
Home officeProsecutor OfficeCriminal Justice systemCriminal Justice System
NGO´s
Criminal Justice SystemNGO´s
National Drug Control OfficeHealth System
Government
The expansion of the program has the problem of converting it in a simple diversion to treatment.
What we know?
The sucsses of DTC is realated to the Key components,
speccially with the role of the judge and the suppervision
Challenges related with the Key Components
Working with a non-adversarial approach.
Professionals specialized in DTC with work time assigned to the program.
Trust between treatment and justice.
Incorporate the tools from the motivational interview to reduce the rate of desertion.
Improve coordination between treatment and court working with a few of treatment providers.
Incorporate drug screening.
More training for judges.
DTC are a voluntary alternative, that allows entereing a treatment program instead of the traditional proccess
Coersion: An institutional presure to enter into treatment.
Autodetermination theory: People under coersion could be affected in their basic need of autonomy, that could interfere the interest and participation in a treatment program.
¿What motivates people to entre into a treatment program?
Voluntary
Voluntarity
Work Health problems Couple problemsLegal problemsFamily problems
Aviod negative consecuences
of drug use
Recrimination Guilty Anxiety
Voluntarity
Research• The perception of coertion affects speccially people who do believe that they do not have a drug problem.*
• The compulsory treatament can create the feeling of coertion, but it does not necessary affect the motivation to tretament.**
• Reseach shows the same outcomes in decrease drug use in treatment under coertion and tretament for general population out of the legal context.***
Reductions in Drug Use
0
0,02
0,04
0,06
0,08
0,1
0,12
0,14
Intake 6 months 12 months 18 months
Mea
n E
urop
AS
I Dru
g U
se
Sco
re
'Voluntary'
QCT
*Wild, T., Newton-Taylor, B., Alletto, R. (1998). **Stevens, A. (2005).