Policy 5: Place of Residence
DRUG COURT OF NEW SOUTH WALES
| Policy Title # 5 | Accommodation for Participants |
| Last Reviewed | February 2011 |
1. PURPOSES OF POLICY
1.1 To ensure that a participant does not reside in the community unless a suitable residence is available.
1.2 To clarify the circumstances under which participants can take part in a Drug Court program although not residing within the usual area of the Court’s operation.
1.3 To define the Drug Court’s role in its partnership with Housing NSW under the Shared Access Operating Agreement with Housing NSW.
2. DEFINITIONS
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means the Drug Court Act 1998
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| means a Community Compliance and Monitoring Group officer assigned to a participant. |
| Case management plan | means a plan for supervision of a participant by the Community Compliance and Monitoring Group |
| CCMG | means the Community Compliance and Monitoring Group (formerly Probation and Parole). |
| Drug Court | means the Drug Court of N.S.W. |
| Drug Court program | means the conditions accepted by the participant and imposed by the Court under section 7(3)(a) of the Act. |
| Drug Court team | means Drug Court Judge, the Registrar, the Legal Aid Commission (LAC) solicitor, the solicitor from the Office of the Director of Public Prosecutions (ODPP), the Police Prosecutor, the Community Compliance and Monitoring Group(CCMG) coordinator (formerly Probation and Parole), the Clinical Nurse Consultant and the Senior Judge’s associate who are attached to the Drug Court, and/or the alternate for each. |
| Participant | means a “drug offender” as defined in the Drug Court Act 1998. |
| Participant/Client | Means a participant who has been nominated and accepted for social housing under the partnership agreement with Housing NSW |
| Treatment plan | means a plan for therapeutic intervention to address a participant’s drug dependency and related health needs. |
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| means a participant’s principal ongoing treatment provider. |
3. POLICY
3.1 Prior to a participant being placed on a Drug Court program which requires that the participant reside at a private residence, the Drug Court team will consider the suitability of the residence.
3.2 Generally, the suitability of a private residence will be considered only after the Community Compliance and Monitoring Group officer has visited the residence, has spoken to the principal residents, and has made a recommendation concerning the suitability of the residence. The recommendation will be provided to the court in writing.
3.3 When speaking to the principal residents, the CCMG will inform them of the main requirements of the participant's Drug Court program.
3.4 Generally, a private residence is unsuitable;
(a) if the principal residents
· do not know that the participant is undertaking a Drug Court program,
· are not willing to have the participant reside at the residence, or a current Apprehended Domestic Violence Order prevents the participant residing at that address,
· are not prepared to cooperate with the participant's case manager and treatment provider, or
(b) if any child protection concerns of the Department of Community Service cannot be addressed, or
(c) if occupied or frequented by a person reasonably suspected of engaging in criminal activity.
3.5 In urgent circumstances, a case manager may approve a temporary change of residence. Approval should be sought prior to the change, and the participant should be directed to attend the Drug Court at the first reasonable opportunity for further consideration of the change. Consideration must be given to any current Apprehended Violence Orders and any conditions which may prevent the participant residing at that address.
4. RESIDENCE OUT OF AREA
4.1 Applications for out of area placement
4.1.1 The Court can consider an application by a participant to reside out of the area specified in clause 5 of the Drug Court Regulation 2010.
4.1.2 A participant may not move out of area without the prior approval of the court.
4.2 Residential rehabilitation centres – Out of area
4.2.1 If the application is to be placed in a residential rehabilitation centre approval will be dependent upon:
(a) The rehabilitation centre meeting the Court’s requirement for treatment and supervision of participants, and
(b) Appropriate funding arrangements being in place.
4.3 Community based program – Out of area
4.3.1 If the application is to reside in the general community, approval will be dependent upon:
(a) The participant having been compliant with their program, and
(b) the Community Compliance and Monitoring Group being able to provide a suitable level of supervision to the participant, and
(c) arrangements being made for the provision of an appropriate level of supervised drug testing, and
(d) appropriate arrangements being made for the provision of addiction counselling and treatment, including pharmacotherapy where needed.
4.3.2 The Court may also permit emergency and short term accommodation arrangements to be made when necessary.
4.4 Continuing obligations
4.4.1 It will remain a requirement for a participant to regularly report to the Drug Court in person, although the frequency of reporting may be reduced.
4.4.2 In the event of unsatisfactory compliance with a program by a participant living ‘out of area’, or of a cessation of any of the requirements mentioned in 4.2 or 4.3 above, the participant may be required to return to an appropriate address within the Court’s usual area, or to return to custody in accordance with s 8A of the Act until a suitable treatment plan can be prepared.
5. HOUSING NSW ACCORD
5.1.1 The Drug Court has signed a Shared Access Operating Agreement with Housing NSW to assist nominated participants with complex needs to access secure, affordable and supported social housing. Up to 20 participants may be assisted under this agreement at any one time.
5.1.2 One of the key objectives of the Agreement will be to provide support to nominated participants so as to assist them to sustain a tenancy.
5.1.3 To gain assistance under the Agreement, a participant, or potential participant, must be nominated by the Drug Court.
5.2 Nominations
5.2.1 Any team member may suggest or identify a participant, or potential participant, who may be suitable to receive assistance under the Agreement.
5.2.2 The team member is to notify the Registrar of the name and reason for nomination. The Registrar will then add that person’s name to the list for the next or most suitable team meeting. The Registrar will then email all team members the name of the suggested person, and the reason why he or she has been added to the list for the team meeting.
5.2.3 At the team meeting, the housing needs of the suggested person will be discussed. That discussion will include, but not be limited to:
· Any housing history known,
· Any aspects of danger or violence known,
· The housing needs of other family members,
· The existence of any other highly suitable treatment options,
· Treatment requirements relating to such issues as pharmacotherapy, mental health or physical disabilities,
· Special needs such as pram or wheelchair access, literacy, or personality issues.
5.2.4 The Registrar will personally attend that team meeting, so as to be fully aware of the housing issues discussed.
5.2.5 If the Drug Court Team so determines, the Registrar will make the necessary nomination to the Cross-Agency Working Group identified in the Shared Access Operating Agreement.
5.2.6 The Registrar may seek the assistance of the Case Manager, the Treatment Provider or other members of the Drug Court Team so as to ensure Housing NSW is provided with any proof or documentation of special issues (for example, proof of pregnancy, mental health treatment, the existence of a current Apprehended Violence Order, or child contact orders from the Family Court or Children’s Court).
5.2.7 When a nominated participant is successful (a “participant/client”) and is accepted under the Agreement, the Registrar will immediately notify all members of the Drug Court Team by email.
5.3 Participant Support
5.3.1 The Registrar will be the only contact for the Drug Court under the Agreement, and any ongoing issues are to be referred to the Registrar.
5.3.2 The Registrar will identify the supports being provided, or to be provided, for any participant/client by the Drug Court Program, and will provide a list of those services for inclusion within the Service Level Agreement.
5.3.3 The Registrar will participate in tenancy reviews as set out in the Service Level Agreement, and provide relevant information to the tenancy reviews on behalf of the Drug Court
5.3.4 The Registrar will notify Housing NSW of any return of custody of a participant/client, of the successful completion of the Drug Court Program by a participant/client, or the termination of a participant/client’s program, (and if such termination has led to any return to custody).
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