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Supreme
Judicial Court
Standards on Substance Abuse
STANDARDS
ON SUBSTANCE ABUSE
Approved
on April 28, 1998
by the
JUSTICES
OF THE SUPREME JUDICIAL COURT
In
collaboration with the
MASSACHUSETTS
TRIAL COURT
Prepared
by the Supreme Judicial Court Standing Committee on Substance
Abuse
Associate
Justice Francis P. O'Connor (ret.), Honorary Chairman
Frederic
E. Greenman, Esq., Chairman
SUPREME
JUDICIAL COURT
STANDARDS
ON SUBSTANCE ABUSE
TABLE
OF CONTENTS
SUMMARY
OF ACTION STEPS
These
Standards are designed to guide Massachusetts courts in responding
to criminal offenders and civil litigants who abuse substances.
The Standards should be reviewed in their entirety and kept handy
as a reference guide. In brief, courts should:
-
become well informed about substance abuse, offer substance abuse
information and referrals, provide access to education and training
for court personnel, and ensure that probation officers are well
trained and available (Standards I,
II, III and IV);
-
look for opportunities at each stage of proceedings to use the court's
authority in appropriate situations to order reluctant parties into
treatment (Standard V);
-
watch for indications that substance abuse may be a factor in behavior
related to a case and respond appropriately (Standard
VI);
-
have "screening" tools in the courthouse and use them to obtain
prompt, reliable information
concerning use of substances (Standard
VII);
-
use "assessments" to obtain more detailed information regarding
substance abuse prior to determining the treatment best suited for
the individual (Standards VIII
and IX);
-
inform correctional authorities about substance abuse, and suggest
that offenders be placed in treatment programs within correctional
institutions (Standard X);
-
prohibit all use of alcohol and illicit drugs in each order setting
substance abuse conditions (Standard
XI);
-
through the probation department, intensively monitor compliance
with court-imposed treatment conditions, through drug testing and
other means, in order to ensure accountability (Standard
XII);
-
take into account that relapse is a common interruption of the recovery
process and employ strategies consistent with public safety to prevent
it (Standard XIII);
-
using a directory of qualified treatment providers, identify treatment
resources in the community and maintain working relationships with
them (Standards XIV, XV
and XVI);
-
communicate and collaborate on substance abuse issues with all involved
in the court and in the community (Standard
XVII);
-
use the courthouse for court-referred recovery and counseling sessions
(Standard XVIII); and
-
respond appropriately to substance abuse within the court, among
judges, court personnel, and lawyers (Standards
XIX and XX).
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