The pretrial period of criminal justice processing is unique in that for most people it is brief and the outcome is uncertain. Yet, it represents an opportunity to identify those who could benefit from substance abuse treatment and begin to engage them in the process. Providing effective services at this early stage of involvement with the criminal justice system can result in heightened motivation to seek treatment and decreased recidivism.
In some instances, arrest charges against the defendant are dropped if the person completes treatment. The decision to order treatment as part of pretrial diversion typically, though not always, rests with the prosecutor's office. The prosecutor offers to cease all prosecution of the case if the defendant completes the prescribed treatment regimen. However, if the defendant fails to complete the treatment and to satisfy the other conditions of diversion, he may risk being sentenced more harshly (if prosecution proceeds and a conviction results) than if the individual had never entered the diversion program.
Because pretrial diversion occurs before an individual enters a guilty plea or is convicted by a judge or jury, the defendant is still technically innocent. Anxiety about the outcome of pending charges may motivate those charged to agree to treatment, and many treatment providers view this as an ideal time to intervene and offer the individual an opportunity to participate in treatment.
What Treatment Services Can Reasonably Be Provided in the Pretrial Setting?
The large number of offenders who are supervised in the community, time constraints, supervision issues, and multiple agencies limit the services that can reasonably be provided in the pretrial setting. Below is a general description of intervention strategies and treatment components recommended by the consensus panel that can be used in a pretrial setting.
Intervention Strategies
A number of intervention strategies can be adapted to the pretrial setting, as described in the following section. The time required to implement these strategies is necessarily brief.
1-Brief interventions is the starter upon release to Coastal Wellness done by our Interventionist
For some offenders, especially during the pretrial stage, a brief intervention can determine if treatment is necessary. Addressing a substance use disorder even briefly is preferable to ignoring it. A counselor can use the FRAMES approach or other motivational enhancement strategies, for example.
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F eedback is given to the individual about personal risk or impairment.
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R esponsibility for change is placed on the participant.
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A dvice to change is given by the clinician.
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M enu of alternative self-help or treatment options is offered to the participant.
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E mpathic style is used by the counselor.
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S elf-efficacy or optimistic empowerment is engendered in the participant.
2- Release for the purpose of being admitted to a sober living, Half-way house, or treatment facility.
The offender would be assessed while in jail by a staff member and if they meet protocol, the staff at Coastal would utilize over 400 resources throughout the U.S. Most of the time the offender will not be able to leave the state in which they have pending charges.
Once a location is found based on the clients individual needs then we present to the District Attorney’s Office/Solicitors Office what options we have.
At this time Coastal will join and aggressively team up with the defendants defense counsel and get the offenders case back in front of a judge in the court most of the time these offenders are charged with felonies so its Superior/General Sessions Court. Sometimes it can be done by way of a simple bond modification drawn up by our clinical director and the offenders attorney for the judge to sign off on. The other option is get the case as an “add on” to the docket, especially if time is of the essence ( bed available and ready at a treatment facility).
Once this process takes place a staff from Coastal is assigned to pick up the client from the County Jail and transport them to the treatment program that has a bed ready. We then begin to work closely with the staff at the facility, the courts and defense team giving weekly reports on the status of the offender. Should the offender not be willing to follow the rules of the recovery program and get discharged they will be immediately taken back into custody and stay in the county detention center until their day in court comes. This looks really bad and surely doesn’t help on the date of being sentenced, for if they cannot cooperate and do the right thing then, then why would the judge agree to let them go the same route again. Usually in this situation the sentencing guidelines are enforced and they receive the punishment that fits the crime.,
Coastal Sentencing Consultants provides services
including , NA/AA
meetings, aftercare support therapy, and optional
individual and family counseling. Our treatment
team will work with the individual,prosecutor,attorney, probation officer&
family for aftercare plan
Clients & firms are welcome to call our
24-hour intervention line for help with alternatives to your client sitting in county jail until trial.
1.866.981.2622 ext 0
On the other hand should the offender be on their best behavior and remain clean and sober, all sorts of remarkable things have happened.
Lesser Charges
Probation/DOC Supervision
Sentenced to be able to continue their recovery efforts and continue on the right path.
Time served and be allowed to complete and graduate the program they are currently enrolled in.
We can usually with the defense attorneys help get cases continued up to a year so long as the offender is progressing forward in a positive manner.
3- Court Dates:
Usually can be continued while the client is in a program
4- Clinical Supervision and therapy:
Our staff will follow the client regardless of which state they are placed. We have a travel team and utilize the internet, ground mail and conference calls to track the offenders progress which is pertinent in the sentencing phase on the date of their trial. The more we have to show the judge, the better the offenders chance to receive a lesser sentence or diversion program vs. prison.
5- Family Intervention and Therapy:
We work very closely with the immediate family of the offender offering services of counseling, access to a on –call 24 hour help line, and act as a liaison between the attorney, the treatment provider, the family and the courts. We do this so the family can get well and begin to heal by the way of Al-anon, counseling and other therapeutic options. The addict has ways of making the parents become very emotionally sick, and some who have histories of enabling this is a very huge barrier to overcome. It takes months to break this cycle and begin to let go. The staff at Coastal offer a variety of books, resources and help to assist the family in getting well and taking care of themselves vs. having their lives turned upside down by all sorts of behaviors the addicted display. One of the books we start out with is “ Love First” by Debra and Jeff Jaye.
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