Friends
of the Maui Drug Court is a charitable organization that seeks to
reduce substance abuse,
crime, and recidivism in Maui County by promoting and advocating for
the continued funding of the Maui/Moloka`i Drug Court and by providing
for
the collection and dissemination of information, educational
assistance,
and support to the Drug Court and its participants.
Drug
Court graduates celebrate in 2006
(photo: courtesy Hawai`i State Judiciary)
History
of the Maui/Moloka`i Drug
Court:
The
Maui/Moloka`i Drug Court program is the result of the
efforts of a community-based coalition to combat Maui County’s drug
abuse problem. Comprised of representatives
from the
judiciary, law enforcement, social service and health providers, the
local
correctional facility, and concerned community leaders, this coalition
developed
a comprehensive strategy to provide a continuum of intervention,
treatment, and
prevention programs aimed at reducing substance abuse and its
devastating
impact on Maui County’s families and community resources.
Implementation of
the Maui Drug Court program is a vital component
of this strategy, and after nearly two years of community-based
planning a pilot project was initiated in August 2000. Based on the
large number of eligible offenders referred to the pilot project during
the
first few
moths of operation, the need to implement a permanent Drug Court
within the Second Circuit Court of the State of Hawai`i (based in
Wailuku, Maui) was obvious.
Friends of the Maui
Drug Court formed in 1998 to educate the public and help provide
resources to support a drug court for Maui County.
This organization has effectively engaged the community in the effort
to
provide a progressive, efficient response to criminal activity deriving
from alcohol and drug abuse. The Drug Court program provides
tangible benefits to taxpayers, clients, and the community at large.
Client Population:
Participants
in the Friends of
Maui Drug Court program consist of
clients in the Maui Drug Court
program.
The Friends
of the Maui Drug Court program facilitates the treatment and
rehabilitation of non-violent criminal defendants, in
conjunction with judicial supervision. A range of services is
supported to reduce recidivism and empower clients to re-integrate as
contributing citizens of
Maui County.
In
addition to non-incarcerated criminal defendants, Drug Court clients
include: (1)
post-conviction
inmates incarcerated at the Maui Community Correctional Center (MCCC)
for non-violent, substance-related crimes; (2)
offenders participating in the Drug Court program who are
temporarily
housed at MCCC during their pre-plea and post-plea periods because of
court-imposed
sanctions; and (3) post-conviction offenders who have violated
probation or
parole and face incarceration.
The Need:
In
recent
years, Maui
County has experienced a drug epidemic
that has burdened the capacities of the Second Circuit Court and law
enforcement at all levels of government. Families, businesses, and
organizations have been devastated. In 2006,
the
United States
Drug Enforcement Administration stated: “Crystal
methamphetamine (ice) is the drug of choice in Hawaii
(all islands including Maui) and is considered
by far the most significant drug threat. Per capita, Hawaii has the
highest population of ice
users in the nation. Experts unanimously blame the high crime rate
(predominantly property crimes) in Hawaii
on drugs. High purity ice, ranging from 96-99 percent pure, is readily
available, and is commonly abused throughout the state."
The correctional system is
also suffering from the
impacts of increased drug violations. Built with a operating capacity
of 260
beds, MCCC - Maui’s
only prison facility - has operated at an average of 154% of its
capacity,
routinely
housing 330-450 inmates at a time. The State Department of Public
Safety
reports that as many as 85% of MCCC’s inmates have serious substance
abuse issues,
yet only about 2% of inmates were receiving treatment before the Drug
Court program
began. Without the support of Drug Court program and
similar
programs, this high rate of substance abuse in MCCC inmates
would represent a serious risk to the community. The National Drug
Court Institute (NDCI) reports a national average
of 80% recidivism to crime within six months of release from custody in
jurisdictions without drug courts to treat substance-abusing
defendants. The recidivism rate for Drug Court participants is less
than 15%, both nationally and locally.
Overwhelming scientific
evidence
indicates that drug- and alcohol-treatment programs are
effective
in reducing recidivism, particularly when linked to an ongoing drug
court program. Drug courts rely on local jails to incarcerate
defendants prior to
their
start in the drug court program or to house defendants briefly as a
sanction
during their drug court participation. As the NDCI
points out: “Whether pre-plea, post-plea, or as a sanction, it is
counterproductive to detain drug court defendants in jails where
treatment
services do not exist. After all, the objective of the drug court is to
keep
defendants engaged in treatment. Rather than providing a forced break
from
treatment services, we could be taking advantage of offender jail time
by
furnishing treatment during periods of incarceration.”
The Drug Court program breaks the cycle of drugs, crime, and
incarceration in our community.
The
Maui/Moloka`i Drug Court Program:
The
Maui/Moloka`i Drug Court Program (MDCP) is an intensive supervision and
treatment program for non-violent class
“B” or “C” felony offenders
residing on the island of Maui or Moloka`i whose criminal activity
stems from
alcohol or drug abuse.A total of 500
individuals
have been admitted as of October 25, 2007 to the Maui Drug Court since
inception in August of 2000.A
substance-abusing defendant can enter the Maui Drug Court at any stage
of
his/her involvement in the criminal justice system:
Track
I: Pre-Charge, post-arrest
Track
II:Pre-Trial,
post-charge
Track
III:Probation
Revocation
Track IV:Parole
Revocation
Track V: Furlough
Program
Once
a Maui/Moloka`i Drug Court participant completes the program, if he or
she was
admitted on Tracks I and/or II - the charges are dismissed; if
admitted on
Track III - the probation violations and unserved term of are
dismissed; if admitted on Track IV or V - a reduced term of parole is
recommended
by the Drug Court Judge to the Department of Public Safety and Hawai`i
Paroling
Authority.
The
Maui/Moloka`i Drug Court Program focuses on providing alcohol and drug
treatment services for those offenders that might otherwise not have
access to
services.The Maui/Moloka’i Drug Court
is the only drug court within the State that provides services for
those on
parole or that are eligible for furlough.The program is also the only drug court within the State that
utilizes
treatment while individuals are incarcerated.The Maui/Moloka’i Drug Court Program provides individuals the
opportunity to spend a minimum of 90 days in one of the two smoke-free
treatment dorms within the Maui Community Correctional Center rather
than receiving
no treatment in general population.
The
Maui/Moloka`i Drug Court Program includes close court supervision,
therapeutic
graduated sanctions and incentives, case management, evidence-based
best
practices substance abuse treatment, anger management, tobacco brief
interventions, life skills, educational and vocational training, and
other
services including reintegration, which meet the needs of the offender
and the
community.The minimum program length is
48 - 60 weeks.Treatment includes
individual counseling, group sessions including family support groups,
alternative group sessions such as tobacco cessation, and frequent
drug/alcohol
testing including hair testing.
The
Maui/Moloka`i Drug Court Program strives to create a “recovery
environment”
through serving not only substance-abusing criminal offenders but also
the
community at large.The program takes a
systemic approach to treatment providing group counseling services for
the family
and friends of those within the program.These group sessions known as the “Family and Friends Group”
meet twice
per month.The groups focus on providing
education and support in dealing with those that are substance abusers
and also
criminal offenders.
Program
Structure:
MauiCommunityCorrectionalCenter
-
Treatment while incarcerated (12 weeks minimum from entrance to Dorms
III or V)
Phase
One - Intensive Care (12 weeks minimum in the community after date
of
admission).
Phase
Two - Low Intensity Care (14 weeks minimum in the community from
date of
advancement to Phase Two)
Phase
Three - Continuing Care (10 weeks minimum in the community from
date of
advancement to Phase Three)
Phase
Four - Aftercare/Recovery Lifestyle (12 weeks minimum in the
community from
date of advancement to Phase Four)
*Those
clients requiring a high level of care once admitted to MDC:
If requiring a higher level of care such as
Residential
Treatment or Malama Family Recovery/TLP, client must complete that
program
prior to returning to Program Phase and resuming outpatient services
within the
community.
Graduation
Criteria:
(Minimum time in
Phase
Four within the community - 12 weeks)
*Provide a
minimum of 30 hours of service within the community/communities in
which crimes
you committed occurred or to the victims of your crimes within the
community.
*Provide required
support meeting cards with required number of valid sessions attended
on time
for a minimum of 60 days prior to graduation.
*Participate
in
each “Friends and Family” group session designated for Phase Four with
no
unexcused absences for a minimum of 60 days prior to graduation.
*Negative alcohol and drug test results for a
consecutive 90-day period prior to graduation.
*No
unexcused absences from any individual sessions for a minimum of 60
days prior
to graduation. *Provide
verification of a high school diploma, GED, or CBASE certificate.
*Attain
or
maintain full-time permanent employment or be attending college
full-time (12
credits or more) for a minimum of 90 days prior to graduation.
*Attain or
maintain long-term, clean-and-sober housing (residing in a
shelter/resource
center is not considered long-term housing), residing there for a
minimum of 30
days prior to graduation.
*Provide
verification of a current rental agreement or mortgage statement if any
changes
in housing have occurred.
*Complete all
outstanding probation obligations in full including restitution unless
a
free-standing order is approved by the Court.In regards to any free-standing orders generated for outstanding
restitution, a new payment plan must be created and payments made for
at least
two months prior to graduation.
*In regards to
traffic obligations, pay at least two months of payments prior to
graduation if
no free-standing orders regarding restitution exist.
*Complete any program setbacks
and program sanctions.
Drug
Court graduates thanked
2nd Circuit Court Chief Judge Shackley Raffetto and Judge Joseph
Cardoza for their tough love approach Thursday when they spoke during
graduation ceremonies in Raffetto’s courtroom. Drug Court celebrates
graduation of four men (The Maui News, August 9, 2006)
Saying society
needs to support
individuals who are willing to try to change their behavior, state Sen.
J. Kalani English lauded the successes of the Maui Drug Court last
month at a graduation ceremony for four new graduates. On
July 27, the program’s 15th
commencement was held in 2nd Circuit
Court for the four newest graduates, with English invited to serve as
the commencement speaker.
English
commended the program for
its criminal-justice approach
based on a belief in the "goodness of all people – and a belief in
their capacity to change.
Since
it was initiated six years ago, the Maui Drug Court has graduated 202
criminal defendants who were given a chance to rehabilitate themselves
from drugs instead of doing time in prison.
11 more graduate from Maui
County Drug Court (The Maui News, October 31,
2004)
“Citizens
know that much of crime
is
committed by those under the influence of drugs or who are attempting
to support their use of drugs,” said Barbara-Ann Keller, Maui Drug
Court administrator.
Residents
are concerned about
being
victimized by criminals, wishing to protect the security of their homes
while wishing that those who have been convicted for crimes be
prevented from committing new offenses, she added.
In
the debate over what to do
with
criminals, opposing sides call for more prison time or more treatment
options, Keller said.
“Drug
Court’s unique combination of
merging the legal and treatment systems together appears to be a highly
successful means of addressing this issue,” she said. Drug addicts get second change in Maui
court program
(Honolulu Star-Bulletin, November 24, 2002)
Maui
Drug Court counselor Ronnie
Santiago stood by a chalkboard inside a room at the Maui prison and
asked a group of men seated in a classroom what happens when they're
confronted with a situation that makes them angry.
"My
body gets hot," one of the
men said.
"What
did you do?" Santiago
asked.
"I
stuffed it."
Santiago
told the men that
holding
emotions within themselves is dangerous and could eventually lead to
acting out frustrations on another person or surroundings.
