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Supreme Judicial Court
Standards on Substance Abuse



Table of Contents | Policy Statement | Introduction
Standard I | Standard II | Standard III | Standard IV | Standard V | Standard VI | Standard VII
Standard VIII | Standard IX | Standard X | Standard XI | Standard XII | Standard XIII | Standard XIV
Standard XV | Standard XVI | Standard XVII | Standard XVIII | Standard XIX | Standard XX


 

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
SJC POLICY STATEMENT (adopted March 30, 1995)
INTRODUCTION
Definitions.
Effectiveness of Court-ordered Treatment.
Purpose.
STANDARD I. Judge as Leader in Court's Response to Substance Abuse.
STANDARD II.Courthouse as Information and Referral Center.
STANDARD III. Access to Continuing Education.
STANDARD IV. Probation Department Responsibilities.
STANDARD V. Ordering Treatment.
Adult Criminal Cases
Civil Commitments
Juvenile Cases
Domestic Relations Cases
Abuse Petitions
STANDARD VI. Indications of Substance Abuse.
Indications of Substance Abuse in Criminal and Delinquency Cases
Indications of Substance Abuse in Civil Cases
STANDARD VII. Screening.
STANDARD VIII. Assessments.
STANDARD IX.Treatment Matching
STANDARD X. Recommendations to Correctional Authorities
STANDARD XI. Mandatory Abstinence
STANDARD XII. Monitoring Compliance
STANDARD XIII. Relapse
STANDARD XIV. Standards for Treatment Providers.
STANDARD XV. Treatment Directory
STANDARD XVI. Community Resources
STANDARD XVII. Communication and Collaboration Within Court and With Community.
STANDARD XVIII.Use of Courthouse for Recovery and Education Sessions.
STANDARD XIX.Substance Abuse Within Courts.
STANDARD XX. Substance Abuse Among Attorneys.

 

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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