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RECOVERY COURTS:

RECOVERY COURTS:. A NEW PARADIGM FOR SUBSTANCE ABUSING DEFENDANTS JUDGE K. MICHAEL MAYES. KMM Articles: . ADDRESSING ADDICTIONS IN COURT: Rethinking Recovery and Relapse (2009) RECOVERY COURTS AND CHARACTER CHANGES (How Jail Plays a Role in Recovery) (2008)

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RECOVERY COURTS:

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  1. RECOVERY COURTS: A NEW PARADIGM FOR SUBSTANCE ABUSING DEFENDANTS JUDGE K. MICHAEL MAYES

  2. KMM Articles: • ADDRESSING ADDICTIONS IN COURT: Rethinking Recovery and Relapse (2009) • RECOVERY COURTS AND CHARACTER CHANGES (How Jail Plays a Role in Recovery) (2008) • IS THERE A COURT THAT CAN MAKE A DIFFERENCE? (2004)

  3. Questions: • How many have had a client in • SAP • SAFPF Reentry Court • POWER Juvenile Recovery Court? (a funded Program) • How many have attended a Recovery Court Graduation?

  4. How many have wondered if and why these Court Programs work? • Sap Recovery — 121 grads, 3 reoffend (2.5%) • SAFPF REENTRY— 116 grads, 4 reoffend (3.5%) • Power Juvenile -- 28 grads

  5. SAFPF REENTRY COURT GRADUATE

  6. RECOVERY COURT PROGRAMS PROMOTE THE PHILOSOPHY THAT: • 1. “Recovery” is the goal for abuser, not simply being “drug free.” • 2. “Recovery” means more than simply being drug free. • 3. “Relapse” means more than simply using drugs.

  7. “Recovery” vs. “Relapse” • Imagine an incline that is a reverse mirror continuum… • As recoveryincreases, relapsedecreases • As relapseincreases, recoverydecreases • Addiction ebbs and flows along the continuum

  8. Oldest Judicial Philosophy--- • If guilty of offense, lock them up and toss the key. • Even medical community simply dried them up and put them back on the streets. • “No treatment” at all

  9. Older Judicial Philosophy • Arrest • Jail • Probation, some treatment • If succeed, probation terminated successfully • If violate, revoke and TDC

  10. Most Recent Philosophy (1990’s) • Govt. FundedDrug Courts… • Drug Court has independent staff, counselor, P.O. • Used at the “front end” through pre plea agreements • For those with good records, 1st offenders, non violent offenders, non DWI cases. • If Defendant succeeds, no conviction and no record (“carrot” to encourage treatment) • Success rates from 10%-35% (% of Defendants that reoffend)

  11. New Paradigm—“Recovery Court” Programs • For those that do not qualify for/succeed in Drug Courts • Defendants with: a. Prior records b. DWI c. Other “non Drug Court” offenses d. Defendants with the worst addiction issues

  12. BENEFITS of Recovery Court Programs • Not funded by taxpayer money • Judge uses current P.O.’s and court staff • Defendant pays for counseling • Defendant “buys into” his treatment and recovery • Probation Program/Protocol • 4-5 phases– one year long • Intensive UA’s, supervision, counseling, etc. • Gradual increases in freedom • Gradual decreases in supervision

  13. BENEFITS of Recovery Court Programs • Instantaneous communication with Judge and staff (email, texting, IM, etc.) • Immediate consequences for negative conduct • Significant rewards for positive accomplishments: • Waive fines, costs, fees and CSR • Occupational License • Early termination of probation

  14. BENEFITS of Recovery Court Programs • Strong Group and Peer support • Group counseling • 12 step meetings • “Peer generated” jobs, transportation, living arrangements, friendship, accountability • Cognitive Based Treatment • Life Skills training • Referrals to Public assistance programs

  15. BENEFITS of Recovery Court Programs • Imagine: Treatment provided in jail… • Current studies show that “forced” treatment is as effective as “voluntary” treatment • Substance abuse classes and Professional Counselor in jail • Harris County now following our lead; just started jail drug classes

  16. What is Addiction? • “Life out of controldue to substance abuse” • loss of job, loss of spouse, wreck, arrest, etc. or • “Bio-psycho-social dependence on any mood altering substance”

  17. What is Addiction? • Modern SPECT Scans and MRI’s prove that an abuser’s brain is different! • Abnormalities in areas of the brain that control behavior and judgment (frontal/temporal lobes) • Can be congenital or caused by the abuse itself • Addiction is not a negative judgmental term; it is a term that says “there is a need for treatment in the addict’s thinking.”

  18. Philosophy: Addiction is a “Thinking Disease” • Since the addict has a different brain and different bio-psycho-social makeup than the non-addict, • And since they think “addictively,” • We must treat the “thinking disease,” not simply “consequence the criminal act.”

  19. “Addictive Thinking” leads to relapse in abuse of substances • The abuse does not happen out of thin air! • Addiction feeds repeated cycles of triggers that cause a “relapsein thinking” • The “relapse in thinking”, if left unchecked, ultimately leads to the abuse of substances

  20. What Triggers the Relapse in Addictive Thinking? • Addictive thinking can be triggered by stress, worry, argument with boss, fight with spouse, loss of job, etc…… • These are things that the non addict handles daily, without substances

  21. In Court, I think of Addiction in Terms of “Relapse” and “Recovery” • “Relapse” is the deterioration in the addict’sthinking (“Addictive Thinking”) • “Recovery” is the maintenance treatment that protects against the Addictive Thinking…

  22. Let me Introduce Some New Concepts… • Addiction is like HBP, diabetes or kidney failure • They require maintenance treatment or they kill • BUT…The worst symptom of addiction disease is the “DENIAL that I have the disease or that I need treatment.” • This happens because the disease is in the person’s thinking!

  23. Let Me Introduce Some New Concepts • The Good News: Addiction can be treated through a Recovery Program • The Good News: If a Defendant succeeds at Recovery: • Changes in thinking = changes in character • Changes in character = changes in actions • Changes in actions = helps avoid future criminal activity

  24. Recovery is successful only if: • Addict faces a “life changing event,” and • Addict gets clean of chemicals, and • Recovery program/treatment begins while clean, and • Addict commits during abstinence to a Recovery Program that will change their thinking and character

  25. The Addict must face a “Life Changing Event” • The Abuser hits a “bottom” that convinces them: • the pain from using exceeds the gain from using, • they are “powerless over their disease,” and • they need help • Many Defendants have not found their bottom…(that is why they continue to abuse substances) • Jail or forced treatment can create a life changing event • Good News: Courts can help the addict hit their bottom and start a Recovery

  26. Jail House Therapy • Simply going to jail is not enough • “Treatment” in jail…..Professional Drug Classes a. 410th Court started years ago----- b. 20-35 participants in weekly classses c. Wonderful tool to jump start a long lasting Recovery

  27. Recovery Courts Continue the Maintenance Treatment • “Cognitive Behavioral” treatment directed to the “addictive thinking” • “Dig deep” motivators: • Inspirational videos • Educational readings and required writings • SAP Counseling • SAFPF Group meetings and counseling • POWER Court counseling with Susan

  28. Have you heard: “But I have been clean now for a month…” • Sort of like: “I can stop whenever I want.” • Being clean for a limited time DOES NOT DO IT… • BECAUSE THERE IS NO LASTING CHANGE IN THINKING OR IN CHARACTER

  29. Critical: To succeed, an addict must maintain “continued growth” after Recovery Begins • Recovery is not a 1 time, 1 day event • Recovery is a “1 day at a time” program that must be maintained for life to be successful and effective • Like standing on a down escalator…either keep moving or you are going downward!

  30. Successful Graduates of Recovery Court Programs • “I am Powerless over my Addiction, butI have Power Over My Recovery.” • Graduation Certificate says “Recovery Court” • not “Drug” Court • not “Recovered” Court

  31. Related Options When Needed • Individual Counseling • Intensive Out Patient • In Patient, Short Term or Long Term • Residential Treatment Centers • Intermediate Sanction Facilities • SAFPF Relapse • Half Way Houses • Aftercare • Original Drug Court • New DWI Court

  32. Family Involvement And Education is Important • Critical for all defendants, but especially Juvenile Power Court • Includes parents, siblings, relatives, etc. • Parent Orders used for family treatment • Court can Order “no family involvement,” where family member is impeding the Defendant’s recovery

  33. THE ETHICS OF RECOVERY • Texas Lawyers Creed—requires mutual cooperation for the disposition of cases and the resolution of disputes • Attorneys (both sides) must view their jobs, their clients and substance abuse cases differently • Addiction is not an offense in the Penal Code

  34. THE ETHICS OF RECOVERY • State attorney’s oath is “to do justice,” not simply “to convict” • Defense attorney should act in the best interest of client • Proactive Treatment options • Insurance? • Proposed Recovery Plan • Consequences (for the crime) and treatment (for the disease) can co-exist in the proper cases

  35. “Good Things Happen to People that Do Good Things”—Judge Mayes

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