GREENE

COUNTY
DWI COURT
(TC4)

Participant Handbook

Effective: 5-1-19

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 “BEING HELD ACCOUNTABLE IS A RELIEF”
A Letter from the Greene County DWI Court Team

Welcome to the Greene County DWI Court! The quote at the top of this page
is a statement made by a DWI Court participant. The court was created to address
the crime of driving while intoxicated and the alcohol and drug abuse that causes
someone to commit that crime. It is designed as a team approach to help you through
the court program and follow all requirements of the program. Members of the team
include the judge, probation officers, treatment providers, prosecuting attorney, and
treatment court administrator, all of who will play an important part in providing
the discipline you will need to succeed in addressing your disease.

These are the first three rules that will guide you during this program:

1. BE HONEST: Your team can work through almost any problem together if
you are truthful with us. You will not succeed in this program if you are
dishonest with the team, yourself or those you care about.

2. SHOW UP AND BE ON TIME: Because you have been ordered to take part
in this program, you will have many appointments and court appearances.
Respect the time of those who are trying to help you. If you miss or are late for
appointments or court appearances, it is a signal to your team that you are not
serious about this program.

3. ACCEPT RESPONSIBILITY: You are in this program because of your own

actions. Take responsibility for what you have done and what you need to do.
Being sober is hard, but your team will help you reach that goal if you want
sobriety for yourself.

Even though this program requires a lot of work and is challenging, participants
who successfully complete the program are given the opportunity to stay out of jail or
prison. More importantly, you can begin living a life that makes this a safer
community and makes you a healthier and more productive person!

This handbook explains what is expected of you as a court participant and

provides general program information. It is important that you take the time to read
this handbook now and use it the entire time you are in the program. We support
you and look forward to you completing the DWI Court program!

--The Greene County DWI Court Team

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 Table of Contents

DWI Court Team Members…………………………………………………………………...4

Eligibility Requirements………………………………………………………………………5

Phases……………………………………………………………………………………………5

Confidentiality……………………………………………………………………………........5

Transportation……………………………………………………………………………….5-6

Probation Supervision…………………………………………………………………………6

Testing for Alcohol and Other Drugs……………………………………………………..6-7

Treatment……………………………………………………………………………………….8

Court Appearances…………………………………………………………………………..8-9

Community Service…………………………………………………………………………….9

Sanctions and Incentives………………………………………………………………….9-10

DWI Court Program Fees……………………………………………………………………11

Order Granting Limited Driving Privileges (LDP)……………………………………...12

DWI Court Phases………………………………………………………………………..12-15

Graduation…………………………………………………………………………………….16

Termination from DWI Court………………………………………………………………16

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 DWI Court Team Members

Judge Ron Carrier

Probation Officer (PO) __________________________________________

Address:_________________________________

Phone number:___________________________

Treatment Counselor __________________________________________

Address:_________________________________

Phone number:___________________________

Community Service (CASP) __________________________________________

Address:_________________________________

Phone number:___________________________

DWI Court Division Clerk Elle Rickman

Asst. Prosecuting Attorney Syd Tippie

Treatment Court Administrator Ashley Davis

***Please note that there will be times when scheduling requires a different PO or
treatment counselor to appear in court than those assigned to work with you.

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 Eligibility Requirements

To be eligible for DWI Court, you must have been convicted of (a) a felony DWI or (b)
another felony alcohol related driving offense or (c) a class A misdemeanor DWI. Your
sentencing judge required you to participate in and complete the DWI Court program
as a condition of your probation.

Phases

There are five (5) phases in the court program. You must successfully complete all
the requirements of a phase before you can be promoted to the next phase. In each
phase there are different requirements for number of court appearances, treatment,
PO appointments, community service, and other requirements, all of which are stated
in more detail at the end of this handbook. The minimum length of time you will be
in each phase is as follows:

Phase 1: A minimum of 90 days

Phase 2: A minimum of 120 days
Phase 3: A minimum of 120 days
Phase 4: A minimum of 120 days
Phase 5: A minimum of 90 days

Confidentiality

By law, your identity and privacy are to be protected and the DWI Court has
developed policies and procedures that guard your privacy. You will be asked to sign
a Consent for Disclosure of Confidential Substance Abuse Information form. This
document allows your team members to talk with other professionals involved in your
case. You will read later in this handbook that there is additional information you
will be asked to provide and permission from you to disclose information to others.

Transportation

As a participant in DWI Court, you shall not operate any vehicle on a highway,
water, or private property unless you have a valid driver’s license or a limited
driving privilege granted to you by the judge.

 “Vehicle” means any motorized device, with or without wheels. Examples of a

“vehicle” include, but are not limited to, cars, trucks, motorcycles, motorized
bicycles, scooters, ATVs, boats with motors, jet skis, and any motorized device
with or without wheels.

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  “Highway” any roadway, water surface which could be used by the public for
vehicles. “Highway” also includes state roads, county roads, gravel roads,
public streets, avenues, boulevards, parkways, parking lots, alleys in any town,
and private property. It will be your responsibility to create a
transportation plan which will allow you to attend all your court appearances,
appointments, treatment, community service, and meet all your other tasks.

The timing and conditions for when you may qualify for a limited driving privilege
will be discussed later in this handbook.

Probation Supervision

You will be assigned a PO. He or she will set up a schedule with you so you know
when to report to the probation office.

It is your PO’s responsibility to monitor your living conditions, your employment,

testing results, DWI Court fee payments, community service, and other requirements
you must meet in order to complete DWI Court. To do this, your PO may make
announced and unannounced visits to your home and may check in with your work
supervisor, school officials, physicians, counselors and any other persons involved in
working with you during the DWI Court program.

Your PO also will work with you in meeting other conditions of your probation not
related to DWI Court (such as paying your criminal case court costs or restitution).

Your PO is a DWI court team member and will give updates to the judge and the
team members about your progress in meeting the requirements of DWI Court and
probation.

Your PO is considered an “arm of the court”. You must follow the directives of your
PO just as if the DWI Court Judge had directed you to do something.

Testing for Alcohol and Other Drugs

You will be required to submit to random alcohol and other drug testing, possibly as
many as ten times a month, as long as you are in DWI Court. You will be given a
confirmation number each time you test. You should write down every confirmation
number in your program. If you are having trouble staying sober, you may be asked
to test every day. AverHealth, located at 451 South Patton, Springfield, MO, conducts
the testing for the DWI Court using urinalysis and breath-analysis. If you test
positive for a chemical, substance, or alcohol that you are prohibited from consuming
and you disagree with the results of a test, you may ask for it to be sent off for re-
testing. If the original test results are found to be correct when the sample is re-

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tested, you may be charged for the cost of the re-test ($100) and it will be added to
your treatment court fees.

You will call 417-708-5347 EVERY day, including weekends and holidays, to see if
you are scheduled to test that day. The telephone message changes at 5:30 AM each
morning, including weekends and holidays. Take the time to listen to the DATE and
the ENTIRE message each time because the testing hours are different on weekends
and on some holidays. When you call the telephone number, you will always be given
a confirmation number. Write this number down each time in case there is ever a
question as to whether you checked to see if you were supposed to test.

Your PO will give you written instructions on how and when and where to go test.

Things you need to know about drug testing in DWI Court:

 Each time you test, you will need to pay $10 at AverHealth. This helps
in covering the cost of testing. If you do not have the $10, you likely will not
be allowed to test and you will likely be considered to have missed a test.
 You will be watched by AverHealth staff while you are giving a sample to
guarantee a test that meets AverHealth rules.
 If you miss a test it will count as a positive (dirty) test.
 The following will result in an immediate sanction (see Sanctions and
Incentives later in this handbook) to help motivate you to stop your alcohol
and/or drug using behavior:
 A positive test;
 Altering or tampering with a test;
 Missing a test;
 Being unable to provide a test for reasons within your control;
 Providing a diluted test for reasons within your control.
 AverHealth staff have been instructed to NEVER discuss your test results with
you. If you have questions, ask your PO.
 Each time you test you will get a receipt that has your name, the date and time
you tested and an identifying number that matches the number on your drug
test collection cup. Keep every receipt just in case you need to show your PO
or the Judge that you tested.

It is expected you will be polite to the AverHealth staff. It is not their fault you are
in this program, so don’t take it out on them. You may be called in to meet with the
DWI Court judge if we receive a report telling us you have not been polite.

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 Treatment

This handbook does not give details about how often you will go to treatment or what
services you will need. When you first begin the program, you will meet with a
counselor who will administer a substance abuse assessment. It is very important
to answer the questions honestly because the results will be used to match
you to the proper treatment and services.

Your assessment is also used to develop a treatment plan. Think of the treatment
plan as a map that starts with where you are in recovery from substance use, where
you need to be, and how you can best use available resources to get there. As you
progress through the program, you will meet with your counselor to review and
update your treatment plan as needed. Your plan is based on your needs and will not
be the same as the person sitting next to you in a group counseling session. At any
time you may ask for additional help or services that may not be included in your
treatment plan.

Your counselor will do his or her best to schedule your treatment around your work
or school schedule but treatment must be a priority. Keep your counseling
appointments and contact your treatment provider at least 24 hours before your
appointment time to tell them if you can’t attend your appointment and why you can’t
attend your appointment. If an emergency comes up, call immediately and if you are
unable to speak with your counselor be sure and leave a message. If you miss
treatment, even if excused, you must notify your probation officer within 24
hours of missing treatment.

The counselor who does your assessment may talk to you about medically assisted
treatment that can help control your cravings for alcohol and any other drugs.
Whether or not you decide to try these medications is between you and your
physician. The judge will never order you to take these medications.

Court Appearances

The requirements for each phase of the program tells you how often you are required
to attend court. You will be given a monthly calendar that tells you what days and
the time you are to attend court. On those days when you are required to attend
court, you must appear in the Division 26 courtroom on the second floor of the
courthouse unless you are told otherwise by your PO. There may be situations when
the judge tells you to appear for court at a different time and you must attend at the
time the judge sets. When you appear for court, you will need to stay for the entire
court session.

You will receive a program folder. Use this to keep yourself organized while you are
in the program. You can keep your calendars, AverHealth receipts, program fee
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payment receipts, restitution payment receipts, community service card, and any
other information you think is important for your success in the program in your
program folder.

When you appear in court, always first check in with the bailiff.

You should bring the following with you to each court appearance:

 Your handbook
 Your planner (this is a booklet with a calendar in which you can write down all
your appointments
 Your card with your TC number on it

Each time you appear in court, you should be prepared to identify what you
have been focusing on in treatment since your last court appearance.

Turn your cell phone completely off before you enter the courtroom. You should not
wear hats, sunglasses, or clothes that show offensive language or advertising drugs
or alcohol in the courtroom. Loud or disruptive behavior is unacceptable. You must
pay attention and not read or sleep in the courtroom. No food or drinks are allowed.
When you speak in court, be sure to speak clearly and directly.

Community Service

As a condition of your probation, you may have been ordered by your sentencing judge
to complete several hours of community service. By performing community service,
you will be working to give back to your community and make up for the crime you
committed. Your community will be a better place because of the work you perform.
All of your community service must be scheduled through Community
Alternative Sentencing Program (CASP). If you perform community service
that is not scheduled through CASP, that work will likely not be counted
toward the total number of community service hours you are required to
complete as a condition of your probation. You will pay CASP a fee, in addition
to your program fees, to cover the cost in scheduling and tracking your community
service.

Sanctions and Incentives

By agreeing to participate in this court, you know that you must follow many rules.
In addition, if you commit certain actions or fail to act as required, you could receive
a penalty (called a “sanction” in this court). Behavior that can cause the judge to give
you a sanction includes, but is not limited to:

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  Diluted urine sample.
 Tampered-with urine sample.
 Positive urine sample.
 Unable to provide a urine sample.
 Missed random urine sample.
 Missed group meeting.
 Missed appointment with PO or treatment counselor.
 Missed court date.
 Violating special conditions of your probation.
 Repeatedly late for urine samples, group meeting, meetings with PO or
treatment counselor, or court.
 Arrest or charge of a new criminal offense.
 Driving without a valid driver’s license or limited driving privilege.
 Failing to complete community service as scheduled.
 Changing residence or job without prior permission.
 Possessing alcohol or a non-prescribed controlled substance.
 Being in a business where the main item for sale is alcoholic beverages.
 Not keeping your contact information updated with team members.
 Travelling without permission from judge or PO.

If you violate court rules, the judge will give you an appropriate sanction. The goal
of sanctions is to encourage you to follow the rules, to hold you accountable for your
actions, and to assist you in making progress in your recovery. Sanctions can include,
but not be limited to:

 A verbal or written reprimand from the judge.

 Additional community services hours.
 Increased reporting to PO or court.
 House arrest.
 Curfew.
 Increased random urine samples—at participant’s expense.
 Electronic monitoring—possibly at participant’s expense.
 Writing letters of apology.
 Writing a report and reading it in court.
 Shock time in jail.
 Any other sanction recommended by the team.

WHAT IS BEST FOR YOU IS FOR YOU TO FOLLOW ALL THE RULES AND
GUIDELINES ALL THE TIME. When you do this, your positive decisions and
behavior will be noticed by the team. Outstanding work by you can result in you
being rewarded (given what are called “incentives”). Some of the incentives you could
receive include:

 Having your case called at the first of court.

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  Bus passes.
 Permission to travel.
 Fewer appointments.
 Praise from the team during your court appearance.
 Being recognized as a person who other participants should look up to.
 Any other incentive recommended by the team

DWI Court Program Fees

You will be directed by the DWI Court judge to obtain a SATOP screening. You will
be responsible for the cost of the SATOP screening fee and the SATOP screening
agency’s fee.

In addition to the fees for community service and SATOP, you will pay DWI Court
fees of $2,500. They will not have to be paid all at once. Your PO will work with you
on a budget and it will include a plan to pay some of your fees every month; you will
sign a Treatment Court Agreement to Pay form, which commits you to making
payments toward your fees on a schedule that matches your budget and financial
resources. If your budget and financial resources change during the time you are
taking part in DWI Court, you may be required to sign a new Treatment Court
Agreement to Pay.

You will also need to sign a form which will ask for your Social Security Number,
information about any health insurance that you have, and/or your Medicaid or
Medicare number if you enrolled in either of those government programs; when you
sign this form, you will also be allowing AverHealth and your treatment provider to
bill your health insurance and/or those government programs for testing and/or
services that you have been provided; the form will also allow AverHealth and your
treatment provider to disclose to your health insurance and/or those government
programs for testing and/or services that you have been provided. If your health
insurance and/or those government programs pays for any of the testing and/or
services, those amounts will be subtracted from the amount of DWI Court fees you
owe.

You will be given a card that you can put in your wallet or purse. The card will have
a “TC” number on it. Make your payments on DWI Court fees at the Greene County
Circuit Clerk’s Office, located on the second floor of the courthouse across the hall
from the Division 26 courtroom. Always bring the card with the TC number on it and
show it to the Circuit Clerk’s Office when you make a payment on fees to make sure
your payment goes toward paying your DWI Court fees; the Circuit Clerk’s Office will
not take a payment from you if you do not have your card. Any time you make a
payment at the Circuit Clerk’s Office, make sure to get a receipt.

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 Order Granting Limited Driving Privileges (LDP)

Once you have completed Phase 3 and participated in DWI Court at least 11 months,
you may apply for a court order granting limited driving privileges (LDP). You should
talk with a lawyer before deciding to apply for an LDP because applying for an LDP
will require you to file a case in court and may involve additional expenses. Whether
or not you will be granted an LDP is a decision only the judge will make. The judge
will consider how well you have done in following DWI Court rules, the length of your
sobriety, your overall stability, the safety of the community, and any other factors the
judge thinks are important. An LDP is not guaranteed to every DWI Court
participant.

An LDP is not the same as a regular driver’s license. An LDP will be limited to certain
activities such as driving to/from work, medical/treatment/community service/court
appointments, and driving to/from school. An LDP will not allow you to drive during
a family vacation or to a restaurant. An LDP requires an ignition interlock device be
installed and maintained in your vehicle the entire time you have an LDP. An LDP
also requires you to purchase vehicle insurance and keep it in place the entire time
you have an LDP. The conditions of an LDP stay in place even after you have
graduated from DWI Court.

DWI Court Phases

The following are the Phases (steps) you must successfully complete in DWI Court:

Phase 1 Requirements
(You will be in Phase 1 a minimum of 90 days)

 Attend court weekly

 Complete SATOP assessment
 Complete ISAP
 Attend treatment
 Weekly office visits with Probation Officer
 Random home visits from Probation Officer
 Develop probation case plan
 Complete transportation plan
 Complete budget
 Complete Agreement to Pay about your Treatment Court Fees
 Obtain/maintain employment
 Develop/maintain stable housing plan
 Random urinalysis tests
 Possible alcohol testing whenever in contact with Court, Probation Officer or
Treatment Counselor

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  Register for community service
 Address legally-mandated jail time, if any was required by sentencing judge
 Start changing people, places and things
 NO DRIVING without a valid driver license or limited driving privilege
 No out-of-town travel. An exception might be made for a trip which is the
result of an emergency if the trip has been approved IN ADVANCE by your
probation officer AND treatment counselor.
 14 days in a row sober time immediately before the date proposed for moving
to Phase 2

Phase 2 Requirements
(You will be in Phase 2 a minimum of 120 days)

 Attend court twice a month

 Engage with treatment
 Begin to develop engagement in community support groups
 Office visits with Probation Officer at least two times a month
 Random home visits from Probation Officer
 Review/update probation case plan
 Follow/update transportation plan
 Follow/update budget
 Update/follow Agreement to Pay Treatment Court Fees
 Obtain/maintain employment
 Maintain stable housing plan
 Random urinalysis tests
 Possible alcohol testing whenever in contact with Court, Probation Officer or
Treatment Counselor
 A minimum of 30 hours of community service completed every 30 days of this
Phase
 Demonstrate changing people, places and things
 NO DRIVING without a valid driver license or limited driving privilege
 No travel outside the 48 connected U. S. states
 40 days in a row sober time immediately before the date proposed for moving
to Phase 3

Phase 3 Requirements
(You will be in Phase 3 a minimum of 120 days)

 Attend court once a month

 Engaged with treatment
 Continue engaging in community support groups
 Begin criminal/cognitive thinking program
 Develop a written relapse prevention plan approved by Probation Officer &
Treatment Counselor
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  Develop recovery network
 Office visits with Probation Officer at least once every three weeks
 Random home visit from Probation Officer
 Review/update probation case plan
 Follow/update transportation plan
 Follow/update budget
 Update/follow Agreement to Pay Treatment Court Fees
 Maintain employment
 Maintain stable housing plan
 Random urinalysis tests
 Possible alcohol testing whenever in contact with Court, Probation Officer or
Treatment Counselor
 A minimum of 30 hours of community service completed every 30 days of this
Phase
 Demonstrate changing people, places and things
 NO DRIVING without a valid driver license or limited driving privilege
 No travel outside the 48 connected U. S. states
 60 days in a row sober time immediately before the date proposed for moving
to

Phase 4 Requirements
(You will be in Phase 4 a minimum of 120 days)

 Attend court once a month

 Engaged with treatment
 Continue engaging in community support groups
 Continue criminal/cognitive thinking program
 Develop/update a written relapse prevention plan approved by Probation
Officer and Treatment Counselor
 Maintain recovery network
 Office visits with Probation Officer at least once every three weeks
 Random home visit from Probation Officer
 Review/update probation case plan
 Follow/update transportation plan
 Address limited driving privilege (if you have been in the program for 11
months)
 Follow/update budget
 Update/follow Agreement to Pay Treatment Court Fees
 Maintain employment
 Maintain stable housing plan
 Random urinalysis tests
 Possible alcohol testing whenever in contact with Court, Probation Officer or
Treatment Counselor

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  A minimum of 40 hours of community service completed every 30 days of this
Phase
 Demonstrate changing people, places and things
 NO DRIVING without a valid driver license or limited driving privilege
 No travel outside the 48 connected U. S. states
 90 days in a row sober time immediately before the date proposed for moving
to Phase 5

Phase 5 Requirements
(You will be in Phase 5 a minimum of 90 days)

 Attend court once a month

 Engaged with treatment
 Continue engaging in community support groups
 Complete criminal/cognitive thinking program
 Develop a written relapse prevention plan approved by Probation Officer &
Treatment Counselor
 Maintain recovery network
 Office visits with Probation Officer at least once a month
 Random home visit from Probation Officer
 Review/update probation case plan
 Follow/update transportation plan
 Address limited driving privilege
 Follow/update budget
 Update/follow Agreement to Pay Treatment Court Fees
 Maintain employment
 Maintain stable housing plan
 Random urinalysis tests
 Possible alcohol testing whenever in contact with Court, Probation Officer or
Treatment Counselor
 A minimum of 40 hours of community service completed in the first 30 days
of this Phase
 An additional 40 hours of community service completed in the second 30 days
of this Phase
 Demonstrate changing people, places and things
 NO DRIVING without a valid driver license or limited driving privilege
 No travel outside the 48 connected U. S. states
 90 days in a row sober time immediately before the date proposed for
graduation

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 Graduation

When you have successfully completed all five phases of the DWI Court program, you
may apply to graduate from DWI Court. If you successfully graduate, you will be
removed from the intensive supervision you have experienced during your
participation in the program. The length of the remainder of your probation will be
decided by your sentencing judge.

Termination From DWI Court

The DWI Court is committed to providing you an opportunity to keep a sober and
drug free lifestyle in an atmosphere helpful to achieving this goal. Your team wants
you to succeed and considers termination from the program only as a last resort. The
goal is to help you help yourself. Continued involvement in this program requires
you to follow the guidelines and regulations. Sadly, there will be those participants
who are not committed to maintaining sobriety and keeping this a safe community.
The judge may determine that removal of a participant for not following the
guidelines and regulations is necessary. Serious or continuous violations can result
in a participant being terminated from the program.

Here are some, but not all, of the behaviors that could result in termination:

 Threats of, or violence towards, participants or team members;

 Threats of, or violence towards, another person;
 Committing a new criminal offense;
 Altering or tampering with a urine sample;
 Failing to appear for alcohol and drug testing;
 Failing to complete community service on the schedule required;
 Failing to follow directives of the DWI Court team members;
 Failing to meet Phase requirements;
 Multiple violations of program guidelines and rules;
 A determination, based on your actions or inactions, that there is no longer
enough time left while you are on probation for you to successfully complete
the program;
 An inability or unwillingness to remain clean and sober;
 Absconding (quitting, running away, fleeing, or stop reporting as required);
 An attitude that is negatively impacting the success of others in the program.

If the team believes there are reasons why a participant should be terminated from
the program, the judge will conduct a Termination Hearing. If the judge decides a
participant should be terminated from the program, the participant’s criminal case
will then be set for a probation violation hearing.

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