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HEALTHY ENGAGED

AND LIVING SOBER

H.E.A.L.S. Court

HANDBOOK

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WELCOME to the El Paso County H.E.A.L.S. (Healthy Engaged and Living Sober)

Court Program and CONGRATULATIONS as we know it may be difficult for you to

come to this Court at this point in your life; but we are glad you are here. We believe that this Court can help you live a sober and safe lifestyle. This handbook is designed to answer questions or concerns you may have about

the H.E.A.L.S. Court. It also provides overall information about the program and

details of what is expected of you as a participant. The H.E.A.L.S. Court is a Court-

supervised treatment program for Probationers with drug and alcohol abuse

problems. As part of the H.E.A.L.S. Court you will be involved in intensive

substance abuse treatment, substance use monitoring and you will be treated as

an individual throughout the program.

CANDIDATES for the H.E.A.L.S. Court Program are those that are currently

receiving supervision as a probationer through the 4th Judicial District Probation

Department. Candidates must acknowledge that they, in fact, do have a problem

with the use of drugs and/or alcohol and that their drug and/or alcohol abuse has

had a negative impact on their ability to safely function in their community.

The H.E.A.L.S. Court is under the direction of the H.E.A.L.S. Court Judge. Members

of the H.E.A.L.S. Court Team may include the Judge, a H.E.A.L.S. Court

Coordinator, a District Attorney, a Public Defender, your Probation Officer, a

treatment provider representative and a Court Clerk.

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PARTICIPATION in the H.E.A.L.S. Court is voluntary. The program length is

determined by each participant’s individual progress, but is designed to last for a

minimum of one year with an additional year of aftercare. You signed or will be

signing the H.E.A.L.S. Court Agreement (contract) and Waiver which shows you agree

to comply with the program requirements. As a participant, you will be expected to

follow the instructions given by the Judge, to comply with treatment

recommendations and to respect all members of the H.E.A.L.S. Court Team.

Participation includes regular Court appearances, following your Court ordered

treatment recommendations (to include individual appointments and group

meetings), frequent and random drug testing and active involvement in the sober

community. Participants may also be assisted with education and skills assessments,

referrals for vocational training, education and/or job placement services, mental

health assessments, housing, etc.

THE H.E.A.L.S. COURT PROGRAM RESPECTS YOUR PRIVACY. We are bound to make every effort to protect your identity and maintain confidentiality about your program. However, upon entry into H.E.A.L.S. Court, you signed or will be signing the Consent to Release of Information and Confidentiality Agreement which gives the Court permission to obtain treatment information from your treatment provider. This also allows the Judge to talk with your provider and the entire H.E.A.L.S. Court Team about your progress in the program without you or your attorney necessarily being present. The H.E.A.L.S. Court Team also expects you to allow us to have access to medical and other records of care and service you have received (as necessary and with your full knowledge) that may affect your participation in the H.E.A.L.S. Court.

THIS COURT BELIEVES IN YOU. We know that you can succeed on your journey to a

clean and sober life that is safe for you, your family and your community. Working

together, The H.E.A.L.S. Court team hopes to see positive changes in your life as a result

of this program. We believe if you trust our process, you will have improved health and

a stable lifestyle, obtain or improve your employment and/or further your education,

develop new and positive relationships with family and friends, rejoin your community

as a productive member and find happiness in your recovery and your new life!

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URINALYSIS TESTING: Your urine will be tested on a regular basis. Testing will

be on a random basis and will involve providing urine, saliva or a small amount of

hair for a hair follicle test. Your ISP Probation Officer will provide you with the

location of the testing company.

COURT APPEARANCES: As a H.E.A.L.S. Court participant,

you will be required to appear in Court on a regular basis. At your Court appearance, the Judge will ask you to report on your progress including your sobriety, UA test results, attendance at treatment, participation in treatment and any other matters concerning your progress. The Judge may ask you questions about your progress and discuss any problems you have been experiencing.

If you are doing well, you will be rewarded in many creative ways

intended both to help you stay motivated in your treatment and also to

help you learn how to feel good because of the activities and events that

naturally feel good. These rewards could include things like fun sober

activities to do with your family, gift baskets, tokens of appreciation,

opportunities to do service, invitations to join other sober community

events, etc.

If you are not doing well, the Judge will discuss this with you and

determine if any further action needs to be taken. If you have

committed one or more of the program violations listed in your

contract the H.E.A.L.S. Court Team will discuss and agree on a

treatment oriented and individualized response. Responses may include

jail time, community service, writing essays, sitting through other Court

cases, reading certain materials or any other response deemed appropriate

by the H.E.A.L.S. Court Team.

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If you cannot appear in Court as scheduled, you must notify your

Probation Officer as soon as possible in order to get permission from the

Judge to miss Court. An unexcused failure to appear in Court on the date

and time you are scheduled will result in the Judge issuing a bench warrant.

It could also result in you being terminated from the program.

TREATMENT: Every potential H.E.A.L.S. Court

participant will be assessed. The Treatment Team will assess what level and intensity of treatment will best meet your needs and then recommend this to the Judge. While you may be referred for detoxification or residential treatment, the primary focus of your treatment will be on outpatient services. This is so you learn to live sober in your home environment. The focus of your treatment will always be how to help you develop the skills and resources needed for you to live a sober and safe life with your family in your home community. We know this will require that you make many changes in your life. While the Drug Court Judge, the H.E.A.L.S. Court Team and your treatment provider will do everything they can to help you make those changes, in the end they are changes YOU have to make. This will require tremendous effort on your part and for you to decide, right now, that you are committed to learning how to live a safe and sober life with your family.

You will be:

Healthy Engaged

And Living Sober

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CONFIDENTIALITY: H.E.A.L.S. Court proceedings are subject to both state and federal confidentiality requirements dealing with substance abuse treatment. These legal requirements place a heightened ethical duty upon all participants in the H.E.A.L.S. Court Program.

H.E.A.L.S. Court and the Criminal Courts: H.E.A.L.S. Court is a criminal Court; however it is an intensive treatment Court as well.

Confidentiality Requirements: Federal statutes and regulations define

“treatment program” as any individual or entity that provides a diagnosis of

chemical dependency, referral to treatment or rehabilitative services. The El

Paso County H.E.A.L.S. Court program falls within this definition for purposes

of applying federal confidentiality regulations. All participants, whatever their

capacity, share in the ethical responsibility for protecting the confidentiality

rights of clients in the H.E.A.L.S. Court Program.

Members of the treatment team; including the parties, Court, counsel,

community support agency representatives, drug testing providers and

representatives of substance abuse treatment facilities, may communicate

among themselves and may share information necessary to assess whether a

participant is complying with the treatment plan requirements while

complying with federal confidentiality requirements. The Court will obtain

waivers from program participants to the extent necessary to monitor

treatment, to modify the treatment plan, to impose appropriate responses

and for other purposes necessary to meet the objectives of your sobriety plan.

No H.E.A.L.S. Court participant or member of the H.E.A.L.S. Court Team, no

matter what their role – attorney, Judge, Probation Officer, or treatment

provider – shall disclose any confidential information to a third party who is

not a member of the H.E.A.L.S. Court Team.

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Requirements to Waive Confidentiality: Those who provide

treatment for chemical dependency may only release information or

records concerning any person who has been assessed, diagnosed or

treated for chemical dependency with the specific written consent of the

person who has been diagnosed, assessed or treated. There are very

limited exceptions to this requirement which are set forth below.

Toxicology results are also subject to confidentiality laws. Without written

consent from the participant, a program, including H.E.A.L.S. Court, cannot

disclose any information, including an acknowledgement that an individual

is participating in the program.

There are the following exceptions to the general prohibition against

disclosure of confidential client information:

Written consent of the participant;

Internal treatment program communications and

communications among treatment team members;

Information that does not identify the client;

Information disclosed as the result of a medical emergency;

Information disclosed as required by a properly authorized

Court order;

Information relating to a crime committed on the program

premises or against program personnel;

Information disclosed as a result of a suspicion of child abuse

or neglect;

Information disclosed as a required for research or audit

purposes.

The scope of the disclosure required for participation in the H.E.A.L.S. Court

is limited to information necessary to carry out the purpose of the

disclosure. A H.E.A.L.S. Court participant must sign a written consent

allowing disclosure of reports of the participant’s eligibility or acceptability

for substance abuse treatment services and reports of treatment

attendance, compliance and progress. The purpose of these disclosures is

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first, to determine whether the participant is appropriate for acceptance

into the H.E.A.L.S. Court Program. The second purpose of these disclosures

is to allow the Court and the treatment team to monitor a participant’s

compliance with the treatment plan goals and the extent of the consent

shall include disclosure of necessary information by written or oral report

or oral testimony.

Individuals must give informed written consent for disclosure of

confidential information. The duration of the consent must be included on

the written consent form. The consent may expire based on the passage of

a specific amount of time or the occurrence of a specific event. A

participant may revoke his or her consent for disclosure at any time;

however, if a participant revokes the consent, the participant will be

terminated from the H.E.A.L.S. Court Program.

Prospective H.E.A.L.S. Court participants will be informed of their right to

confidentiality at initial screening or assessment. Participants will be asked

to sign a written consent permitting full disclosure to/and exchange of

information among members of the El Paso County H.E.A.L.S. Court Team.

Members of the treatment team include:

The H.E.A.L.S. Court Judge, his/her immediate staff and Court

Volunteers

Attorneys representing the El Paso County District Attorney’s

Office

Attorneys representing the El Paso County Public Defender’s

Office

Representatives from participating substance abuse treatment

agencies -Gregory Ortega, MSW, LCSW, LAC .

Representatives from the participating drug testing provider at

Bridge to Awareness.

Representatives from the 4th Judicial District Probation

Department.

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Representatives from the Office of the Alternative Defense

Counsel.

The H.E.A.L.S. Court is an open Court meaning that the H.E.A.L.S. Court

hearings, not the team meetings, are open to the public. You must

understand that information relevant to your treatment progress will be

reviewed in open Court and that while every attempt will be made by the

treatment team to protect your confidentiality, there may be information

about you and your substance abuse treatment that is discussed in open

Court.

If a participant fails or refuses to sign the written consent, he or she will not

be able to participate in the H.E.A.L.S. Court Program. The Court will

maintain all written substance abuse information in the participant’s Court file

under seal. Access to the Court by non-team members will require a Court

order.

COMMUNITY INVOLVEMENT: An important part of your

treatment will be your integration with a sober community you feel you can trust and that you feel cares about you and supports you. For some people, this may be sober communities found at 12-step meetings (e.g. Narcotics Anonymous and/or Alcoholics Anonymous). These involvements with people from the sober community will be a very important part of your treatment.

BREAKING OFF CONTACT WITH KNOWN ACTIVE USERS: We know it is going to be

very hard for you to stop using drugs and alcohol if you are hanging around other

people who still use them. For this reason, you should not see these people, nor

communicate with them. You will also be required to carry with you, at all times, a

description of what you will do if you happen to run into any of these people or if

they try to call you as this will help you to maintain your compliance with this part of

your sobriety plan.

PLANNING OUT YOUR DAYS: Large chunks of unstructured

time can be bad news for people who are trying to stop using drugs and alcohol. For this reason, you will also be required to plan out your days and to show the Judge every week how you spend your time.

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As a H.E.A.L.S. Court participant, you will be required to abide by some basic

rules:

BE HONEST! Overcoming alcohol or drug dependence is not easy; yet

thousands of individuals do it every year, with the help of others. Your

success will take your best effort, including constant truthfulness on your

part. Lies keep you alone, speaking only to yourself. The H.E.A.L.S. Court

Team will tell you the truth and will expect your truth in return, especially

as follows:

Do not forge documents: Forgery is not only a lie, it is a

crime.

Do not miss drug tests or attempt to subvert any drug

test in any way: Missed drug tests are considered positive

tests. If you tamper with urine, hair or saliva specimens you

will be sanctioned.

FOLLOW ALL H.E.A.L.S. COURT RULES AND ORDERS.

BECOME AND REMAIN ALCOHOL AND DRUG FREE!

Sobriety is the primary focus of this program. Maintaining

a drug free lifestyle is very important to your recovery process.

FOLLOW YOUR COURT ORDERED TREATMENT PLAN. Attend all

assigned treatment sessions including individual and group counseling

sessions and all other Court ordered treatment plan components.

REPORT TO YOUR PROBATION OFFICER AS DIRECTED.

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ATTEND AND BE ON TIME TO ALL H.E.A.L.S. COURT HEARINGS AND

TREATMENT SESSIONS. Being late may mean that you miss counseling

sessions and are non-compliant. Contact your treatment counselor if there

is a possibility that you may be late. The Judge may sanction you for being

late to Court.

BEHAVE APPROPRIATELY IN COURT AND AT TREATMENT:

Inappropriate physical and/or verbal behavior will not be tolerated and

may result in your termination from the program.

Do not make threats or insulting comments toward other

participants, counselors or H.E.A.L.S. Court Team members.

Do not behave in a violent or aggressive manner.

Turn in all electronic devices (such as cell phones) to the

H.E.A.L.S. Court when you enter Court. Turn electronic devices

off during treatment sessions.

Dress appropriately in Court and at treatment. This means

wearing shirts, pants, dresses, etc. of reasonable length. Do

not wear revealing clothing or clothing with drug or alcohol

themes on them. Gang attire is unacceptable. Hats shall be

removed upon entering the courtroom. Sunglasses should not

be worn inside without medical approval. Speak with anyone

from the H.E.A.L.S. Court Team if you need assistance with

clothing.

OBEY ALL LAWS: New criminal charges may result in your termination

from the H.E.A.L.S. Court Program.

AVOID ANY PERSON WHO POSSESSES OR USES ALCOHOL &

DRUGS.

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IT IS IMPORTANT FOR YOU TO KNOW what will happen when you are doing

well in the program and what will happen when you are not doing well because

you are not complying with the H.E.A.L.S. Court rules and expectations. This

section is designed to explain that to you so that you clearly understand the

consequences of your choices. As with everything in life what happens is up to

you. THE CHOICE IS YOURS.

INCENTIVES (REWARDS): When you consistently follow through with the

H.E.A.L.S. Court Program you get better. You will become more able to

take good care of yourself and your family and you will lay the foundation

for a happy, sober and safe life. This is why we work very hard to reward

you when you are doing well and are following through with the program

guidelines and expectations. Once admitted to the program you will help

us to know what it is you REALLY enjoy doing by yourself, with sober friends

and with your family. These could be things like:

By Yourself – Getting a massage, going fishing, reading a book,

reading letters from other people, taking a class, exercising,

etc.

With Sober Friends – Going out to eat, fixing a meal together,

playing music, playing sports, working on something together,

etc.

With Your Family – Going to the park, going camping, going

fishing, playing a game together, taking care of animals or pets,

growing a garden, etc.

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We want you to know what it is you really like to do for two reasons. First,

we can reward you when you are doing well in ways that will matter to you;

second, so you can learn or relearn how to enjoy life without using drugs or

alcohol.

Every week as you are doing well in the program we will REWARD you in

some way. Sometimes the rewards will be fun activities to do by yourself

or with sober people from the community. Other times the rewards will be

fun things for you to do with your family. We will also reward you in Court

in ways that help you see that we are pulling for you and that we care

about your success in this program. WE WILL REMIND YOU OFTEN THAT

WE WANT YOU TO SUCCEED!!

RESPONSES (PUNISHMENTS): When you fail to comply with the

H.E.A.L.S. Court Program you will receive a response. The H.E.A.L.S. Court

Team will always consider your individual circumstances and provide a

response that is tailored to YOUR specific needs. Just to remind you,

some examples of failing to comply could include:

A positive drug or alcohol test.

Missing a drug test, failing to do the test or attempting to

change the results of the test.

An unexcused absence from treatment.

Missing a meeting with your Probation Officer.

Missing Court (Unexcused).

Associating with known drug users.

Not complying with program requirements regarding the use

of prescription drugs.

Non-compliance with probation guidelines.

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In addition to the possibility of serving JAIL TIME, if you violate the

rules of the H.E.A.L.S. Court you may also be asked to do other

things that are designed to help you stay on track with the

program. These additional responses are given to you at the

Judge’s discretion and could include things like:

Community Service

Writing essays

Writing letters of apology

Going to additional meetings

Day reporting

Fee Reinstatement

Regression in phases

Curfew Reinstatement

The H.E.A.L.S. Court Judge also has the power to enter other

orders in your case that could include the following:

Ordering you to inpatient treatment or detox.

Terminating you from the H.E.A.L.S. Court Program.

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PHASE ONE: (3 MONTHS) – FIRST STEPS

The Participant will attend weekly treatment session with the assigned

treatment provider and follow all of the treatment provider’s

recommendations.

The Participant will have 3 monthly meetings with their Probation Officer – at

the Probation Department, in Court or at the Participant’s home.

The Participant will attend Narcotics Anonymous, Alcoholics Anonymous,

Phoenix Multisport or a Court Approved Support Group at least three times

per week.

The Participant will be current with all their co-payments and fees for

treatment ($50 per month) and drug and alcohol screenings ($40 per month).

The Participant will complete no less than 8 hours of community service.

The participant will have 90 days of clean drug and alcohol screenings.

The Participant will partake in at least 8 monthly and random Alcohol and

Drug Screenings.

The Participant will apply for Medicaid if they are not already insured.

The Participant will call their Probation Officer daily.

The Probation Officer will conduct a daily arrest check for the Participant.

The Probation Officer will conduct a weekly treatment attendance for the

Participant.

Orientation: Required weekly Court appearances for first 30 days in program.

Once Orientation is successfully completed required Court appearances will be

modified to every other week. The team reserves discretion to reduce or

increase court appearances based on performance in program and verified

employment and/or school enrollment.

The Participant will comply with a daily 6 p.m. curfew.

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PHASE TWO: (3 MONTHS) – NEXT STEPS

The Participant will attend weekly treatment session with the assigned

treatment provider and follow all of the treatment provider’s

recommendations.

The Participant will have 3 monthly meetings with their Probation Officer –

at the Probation Department, in Court or at the Participant’s home.

The Participant will attend Narcotics Anonymous, Alcoholics Anonymous,

Phoenix Multisport or a Court Approved Support Group at least two times

per week.

The Participant will either be verifiably employed or enrolled in school full-

time or a combination of the two.

The Participant will immediately join Job Club upon entering Phase II if not

verifiably employed or enrolled in school full-time.

The Participant will be current with all their co-payments and fees for

treatment ($50 per month) and drug and alcohol screenings ($40).

The Participant will complete no less than 25 hours of community service.

The participant will have 90 days of clean drug and alcohol screenings.

The Participant will partake in at least 8 monthly and random alcohol and

drug screenings.

The Participant will call their Probation Officer daily.

The Probation Officer will conduct a daily arrest check for the participant.

The Probation Officer will conduct a weekly treatment attendance check for

the participant.

Required Court appearances every other week. The team reserves

discretion to reduce or increase court appearances based on performance

in program and verified employment and/or school enrollment.

Curfew to be adjusted based upon program performance.

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PHASE THREE: (6 MONTHS) – FINAL STEPS

The Participant will attend weekly treatment session with the assigned

treatment provider and follow all of the treatment provider’s

recommendations.

The Participant will attend HEALS Court at least once per month.

Attendance can be adjusted based upon employment and program

performance.

The Participant will have 2 monthly meetings with their Probation Officer –

in the Probation Department, in Court or at the Participant’s home.

The Participant will attend Narcotics Anonymous, Alcoholics Anonymous,

Phoenix Multisport or a Court Approved Support Group at least two times

per week.

The Participant will be employed (or receive other legal sources of income),

enrolled in school full-time or a combination of the two.

100 total hours of community service earned or completed prior to

advancement (50 can be waived at discretion of the Judge for good

performance in the program).

The Participant will partake in at least 8 monthly and random alcohol and

drug screenings.

The Participant must have 180 days in Phase 3 with 120 consecutive days of

clean UAs to graduate.

Development of a Court approved sobriety plan.

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PHASE FOUR - COMMENCEMENT & AFTERCARE: (1 YEAR)

COMMENCEMENT: When you have successfully completed Phase III of the H.E.A.L.S.

Court Program, you will be celebrated for your achievement at a commencement

exercise.

AFTERCARE: Is designed to help you with all the preparations needed for you to

maintain a sober lifestyle once you have graduated from the H.E.A.L.S. Court

Program. Aftercare is a minimum of 1 year during which time the focus will be on

your graduation from the program and your transition into your sober life.

The requirements to complete this phase and fully graduate from the

program with a MASTERS IN THE ART OF LIVING SOBER will include the following:

At least two unannounced home visits by law enforcement. Attend all Probation appointments and comply with all

requirements. Attend a monthly group treatment session and follow the

recommendations of the treatment provider. Submit to random UAs as required by standard probation. The

UAs must be conducted through Bridge to Awareness. **Note: Relapse may result in phase regression, revocation of your probation or payment of your additional treatment fees.

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