Jamaica: a Diagnostic Study of Drug Treatment Courts
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A Diagnostic Study of the Jamaica Drug Treatment Courts Organization of American States Findings and Recommendations Secretariat for Multidimensional Security Inter-American Drug Abuse Control Commission This evaluation (process) was carried out in coordination with the Government of Jamaica and under the leadership of the Executive Secretariat of the Inter-American Drug Abuse Control Commission (ES/CICAD) of the Organization of American States (OAS), in association with the Center for Court Innovation (CCI). CICAD receives institutional and financial support from the Government of Canada through the Anti-Crime Capacity Building Program (ACCBP). The contents expressed in this document are presented exclusively for informational purposes and do not necessarily represent the opinion or ocial position of the Organization of American States, its General A Diagnostic Study of the Jamaica Drug Treatment Courts Secretariat or its member states. ISBN 978-0-8270-6854-4 A Diagnostic Study of the Jamaica Drug Treatment Courts Findings and Recommendations Coordinated by: Written by: With the financial support of: OAS Cataloging-in-Publication Data Inter-American Drug Abuse Control Commission. Executive Secretariat. A diagnostic study of the Jamaica Drug Treatment Courts : findings and recommendations / Produced by the Executive Secretariat of the Inter-American Drug Abuse Control Commission and the Center for Court Innovation. v. ; cm (OAS. Official records ; OEA/Ser.L/XIV.6.68) ISBN 978-0-8270-6854-4 1. Drug courts--Jamaica. 2. Drug abuse—Treatment--Law and legislation--Jamaica. I. Title. II. Center for Court Innovation. III. Drug Treatment Court Program for the Americas. IV. Organization of American States. Secretariat for Multidimensional Security. V. Series. OEA/Ser.L/XIV.6.68 From the Organization of American States Luis Almagro, Secretary General Ambassador Nestor Mendez, Assistant Secretary General Dr. Farah Urrutia, Secretary for Multidimensional Security Ambassador Adam E. Namm, Executive Secretary, Inter-American Drug Abuse Control Commission (CICAD) Angela Crowdy, Assistant Executive Secretary, Inter-American Drug Abuse Control Commission (CICAD) Authors - Lead Researchers CCI Project Director ES/CICAD/OAS Editorial Committee Suvi Hynynen Lambson Antonio Lomba Antonio Lomba Annie Schachar Luis Suarez-Isaza Amanda Cissner Coordinators of Site Visit Jeffrey E. Zinsmeister ES/CICAD/OAS Luis Suarez-Isaza Graphic Design Tania Gordillo Maria Montas ISBN 978-0-8270-6854-4 COPYRIGHT© (2019) Organization of American States. All rights reserved under International and Panamerican Conventions. No portion of the content of this material may be reproduced or transmitted in any form, nor by any electronic or mechanical means, totally or partially, without the express consent of the Organization. This evaluation (process) was carried out in coordination with the Government of Jamaica and under the leadership of the Executive Secretariat of the Inter-American Drug Abuse Control Commission (ES/CICAD) of the Organization of American States (OAS), in association with the Center for Court Innovation (CCI). CICAD receives institutional and financial support from the Government of Canada through the Anti-Crime Capacity Building Program (ACCBP). The contents expressed in this document are presented exclusively for informational purposes and do not necessarily represent the opinion or official position of the Organization of American States, its General Secretariat or its member states. Table of Contents Introduction ....................................... I Chapter 4. Preface ....................................................... III Treatment ............................................. 23 Foreword from Jamaica ............................... V The Jamaica Substance Use Treatment Model ....................................... 23 Acknowledgements from CCI ..................... IX Executive Summary ..................................... X Chapter 5. Deterrence ............................................. 27 Chapter 1. Monitoring ................................................. 28 Introduction & Methodology .................... 1 Legal Consequences .................................. 30 Project Background ..................................... 1 Interim Sanctions & Incentives .................. 31 The Jamaican Drug Treatment Court ........... 2 Chapter 6. The Drug Treatment Court Model .............. 4 Diagnostic Evaluation Framework ............... 7 Procedural Justice ................................... 32 Evaluation Methods ..................................... 8 Understanding: Program Transparency .... 32 Judicial Status Hearings ............................. 33 Chapter 2. Chapter 7. Collaboration ......................................... 10 Drug Treatment Court Monitoring & Evaluation ......................... 35 Teams across Jamaica ................................. 10 Defining Goals & The Steering Committee .......................... 14 Performance Measures ............................. 36 Program Data & Evaluation ........................ 36 Chapter 3. Screening & Assessment ......................... 15 Chapter 8. The Risk-Needs-Responsivity Model ........ 15 Strengths & Recommendations ............... 37 Target Population ..................................... 16 Strengths of the Jamaican Model ............. 37 Case Identification & Referral ................... 19 Recommendations ..................................... 39 Appendix D. Courtroom Observation Forms ................. 93 Conclusion ................................................ 47 Appendix E. Jamaican Court System Structure ........... 100 References ............................................. 49 Appendices Appendix A. Drug Court Policy Survey .......................... 54 Appendix B. Stakeholder Interview Domains ............... 86 Appendix C. Staffing Observation Forms ...................... 90 Introduction In order to improve public security in the Hemisphere, the Secretariat for Multidimensional Security (SMS) of the Organization of American States (OAS) recognizes the need to promote policies and dialogue on drugs based on public health and human rights, and consider evidence-based approaches. These policies—to which all OAS member states agreed as part of the OAS’ Hemispheric Drug Strategy and Plan of Action 2016-2020—include alternatives to incarceration for individuals who have committed a minor criminal offense due to a substance use disorder. These measures help protect human rights, prevent violence, and improve the efficiency of the criminal justice and public health systems. The Drug Treatment Court (DTC) model, in its various forms, is an excellent example of this type of policy. It represents an alternative to the traditional criminal justice system, and aims to prevent incarceration of certain offenders whose criminal activity is related to a substance use disorder. The DTC model allows these individuals to receive voluntary, comprehensive substance abuse treatment and social reintegration services. When these programs follow evidence-based practices and quality control standards, they reduce criminal recidivism, optimize use of public funds, protect human rights, and help participants recover from their substance use disorder—which often has devastating effects for the person consuming drugs, their family, and their communities. More than two decades of academic research support this conclusion, giving the DTC model an extremely solid scientific foundation. To date, fifteen countries from across the region are exploring or implementing the DTC model. Their success depends largely on rigorous monitoring and evaluation during development and implementation of DTCs. Due to this need, the Executive Secretariat of the Inter-American Drug Abuse Control Commission has consulted with subject-matter experts and created a framework for monitoring and evaluation that OAS member states may use. This framework aims to facilitate the review of current DTC processes and allows for future impact evaluations. The first process evaluation based on this framework, which studied a DTC in Guadalupe, Nuevo León, Mexico, was successfully completed in 2013. Additionally, an independent study of six countries from the region (Barbados, Costa Rica, Jamaica, Panama, Dominican Republic, and Trinidad and Tobago) was carried out from the second half of 2017 to early 2018, in collaboration with the A Diagnostic Study of the Jamaica Drug Treatment Courts I Center for Court Innovation (CCI). This study examined the degree to which each of the programs was implementing evidence-based policies and practices, with the overall goal of improving their results. We appreciate the institutional openness and buy-in that each of the participating countries provided to facilitate this evaluation. We hope that it also allows decision-makers and DTC program managers to strengthen their programs, identify areas where improvements can be made, and provide useful evidence to the scientific community. Dr. Farah Urrutia Secretary for Multidimensional Security II A Diagnostic Study of the Jamaica Drug Treatment Courts Preface The OAS’ Hemispheric Drug Strategy 2010 recognizes that, “drug dependence is a chronic, relapsing disease that is caused by many factors, including biological, psychological or social, which must be addressed and treated as a public health matter.” This Strategy calls on member states to explore ways to offer treatment, rehabilitation, and social reintegration services to criminal offenders