Presiding Judge: The Honorable David Judd

PO Box 586

150 Michigan Ave

Orofino, ID. 83544

Phone:  208-476-5596, Fax: 208-476-9315

Contact Us:

Court Coordinator:   Adrian Kiefer       Email:   akiefer@clearwatercounty.org

Phone:   208-827-0120

Felony Drug Court Schedule:

Staffing:               2nd & 4th Tuesday at 3:00pm

Court Session:   2nd & 4th Tuesday at 4:00pm

Location:             Clearwater County Courthouse 150 Michigan Ave, Orofino ID. Court Room 1

Phases 1-3:         Attends court on the 2nd and 4th Tuesday of the month

Phases 4-5:         Attends court on the 4th Tuesday of the month 

Drug Testing:

Drug court requires random and frequent testing on all participants who are in the program. Testing occurs on a random basis on any days during the week, weekends and holidays. Participants will call the UA line every single day according to the procedure set by their program. All positive tests are sent in for confirmation.

Location of Testing:   ChangePoint, 155 Main Street, Suite A

Time of Testing: 7:30am-8:15am

Participants may request to drug test at another location in District 2. Please reach out to Coordinator for more information.

What is Drug Court?

Drug Court is designed for high risk/high need offenders who are struggling on felony supervision. Drug Court provides intensive outpatient treatment, increased supervision and bi-monthly review hearings with the Drug Court Judge. Drug Court is designed to keep offenders out of the prison system. Drug Court follows evidence based practice in the design and implementation of their programs. Participants are expected to follow program rules and participate in treatment. The length of the program ranges between  17-24 months long followed by a period of supervised probation of at least 6 months. Upon graduation, participants may receive a reduction in sentence, dismissal or avoid imposition of sentence and/or prison (riders). Participants are subject to sanctions and incentives depending on their progress in the program.

When did the program start?    2001

Drug Court Team Members:

·        Judge David Judd

·        Prosecutor: Clayne Tyler

·        Public Defender: William Fitzgerald

·        Treatment Providers:   Dennis Gray, Lynda Brazeau, Deeanna Nichols

·        Idaho Department of Corrections Probation & Parole:  Tim Magill, Christine Erbst

Treatment:

Clearwater County Drug Court currently partners with ChangePoint. Their office is located at 155 Main Street, Suite A in Orofino, ID. Upon initial application to Drug Court, the participant will meet with one of the counselors at Changepoint. Based upon the assessment recommendations and acceptance to the program, the participant will be assigned groups and an individual counselor. All participants must apply for Medicaid.

How to apply:

Anyone may refer a person to Drug Court. Typically, a defendant’s attorney will refer their client to the program. If you would like to refer your client to drug court, please review our eligibility requirements first, then fill out the referral form below and submit to akiefer@clearwatercounty.org. If the defendant’s case is out of county, please check with the coordinator first to see if they are accepting out of county cases at that time.

REFERRAL FORM -  Clearwater County Treatment Court Referral Form - 6/2023

Eligibility:

·        Must be currently charged with a felony offense related to substance use or a felony probation violation related to substance use

·        LSI between 18-40

·        Identified Substance Use Disorder (moderate-severe)

·        Cannot have pled, found guilty, adjudicated or charged with a felony sex offense

·        Charges must be related to substance use

·        Violent charges are reviewed on a case by case basis

·        Pled guilty to charges as agreed upon by the Prosecuting Attorney and the Defense Attorney

Screening:

After being referred to Drug Court, the Coordinator will make contact with the defendant for a screening to further determine eligibility. After completing the screening the defendant will meet with a Probation Officer for an LSI Evaluation. Upon completing the LSI, the defendant will meet with ChangePoint for a Substance Use Evaluation. After all of these appointments are completed, the defendant’s case will be presented to the Clearwater County Drug Court Team during staffing. Determine of Drug Court eligibility is completed within 4-8 weeks.

If the defendant is accepted:

1.     Defendant must enter a guilty plea or plead guilty to their probation violations

2.     Defendant, attorney, prosecutor, drug court judge will sign the contract (below) and file with the drug court clerk

3.     Defendant, attorney, prosecutor will sign the disposition agreement and file with the drug court clerk

4.     All documents must be completed at change of plea/sentencing/disposition, please complete the contract below and file with the court.

If the defendant is denied, their case is returned to their sentencing judge for further proceedings.

How long does Drug Court last and what are the expectations?

Drug Court length is determined by the participant’s progress, but is a minimum of 17 months and consists of:

·        Bi-Monthly Review Hearings

·        Substance Use Treatment (individual counseling and group counseling)

·        Intensive community supervision (felony probation)

·        Referrals to housing, education, vocational training, employment, specialized counseling

·        Random and frequent drug testing

·        Rewards and sanctions are used to change behaviors

·        Upon graduation- 6 months of supervised probation minimum

What happens if a participant violates their contract or probation while in Drug Court?

·        Verbal Warning

·        Paper

·        Curfew Reduction

·        Increased Supervision

·        Community Service

·        GPS Monitoring

·        Jail

·        Termination

What happens if a participant is terminated from Drug Court?

A participant may be terminated from the program for failure to comply with their contract. The Drug Court team decides whether or not to terminate a participant from the program. The Judge makes the final determination in the case of terminating a participant from the program. If the team decides to terminate, the participant’s probation officer will submit a probation violation to the defendant’s original judge. The participant will return before their original judge for a PV disposition hearing and sentencing.

What happens if the participant graduates from the program?

Upon graduation, the participant will return back to supervision under Felony Probation and Parole for a minimum of six months. Once they have graduated from Drug Court, they are no longer in the Drug Court program. Drug Court graduates may speak with their probation officer and/or attorney if they would like to be released from supervision earlier. Ultimately, the disposition agreement will dictate what occurs upon graduation from Drug Court.

Referral Form  Referral Form for District Treatment Court Programs 6-2023