Nez Perce County DUI Treatment Diversion Courts

Contact Us:

Court Coordinator: Norman Embry

Phone: 208-254-0603

Email: nembry@latahcountyid.gov

Fax: 208-746-7987

Presiding Judge: The Honorable Karin Seubert

P.O. Box 896

Lewiston, ID 83501

Phone: 208-799-3050

Fax: 208-746-7987

 DUI Court Schedule:

Staffing: 2^nd & 4^th Wednesdays at 3:30pm

Court: 2^nd & 4^th Wednesdays at 4:30pm

Location: 1230 Main Street, Courtroom 3

Zoom Information:

          Meeting ID: 942 5700 4904

          Passcode: 676712

Phase 1-3: Attends court on the 2^nd and 4^th Wednesdays

Phase 4-5: Attends court on the 2^nd Wednesday

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 1005 Main Street, Lewiston

       Time of Testing: 2:00-4:30pm

Phone Number: 208-298-5217

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

 

What is Drug Court?  DUI Court is designed for high risk/high need offenders who are struggling on supervision. DUI Court provides intensive outpatient treatment, increased supervision and bi-monthly review hearings with the DUI Court Judge. DUI Court is designed to keep offenders out of the prison system. DUI 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.

 

DUI Court Team Members:

·        Judge Karin Seubert

·        Prosecutor: Jazz Patzer

·        Public Defender: Ayla

·        Treatment Providers: Rodney Kanikkberg

·        Justice Services Misdemeanor Probation: Joe Mix

·         

Treatment:

Nez Perce County DUI Court currently partners with Justice Services. Their office is located at 1113 F Street, Lewiston ID. Upon initial application to DUI Court, the participant will meet with Rodney Kanikkeberg at Justice Services. 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 DUI Court. Typically, a defendant’s attorney will refer their client to the program. If you would like to refer your client to DUI Court, please review our eligibility requirements first, then fill out the referral form below and submit to nembry@latahcountyid.gov. 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 - Treatment Court Referral Form - 6/2023

 

Eligibility:

·        Must be currently charged with at least a second offense misdemeanor DUI or a Felony DUI. Applicants cannot be on felony probation at the time of application.

·        LSI between 18-40

·        Identified Substance Use Disorder (moderate-severe)

·        Cannot have pled, found guilty, adjudicated or charged with a felony sex offense (juvenile or adult)

·        Charges must be related to substance use

·        History of violence will be 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 DUI 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 Justice Services for a Substance Use Evaluation. After all of these appointments are completed, the defendant’s case will be presented to the Nez Perce County DUI Court Team during staffing. Determine of DUI 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, DUI Court Judge will sign the contract 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 and file with the court.

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

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

DUI 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 (misdemeanor 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

 

Restricted Driver’s Licenses:

DUI Court participants may apply for a restricted driver’s license after 45 days in the program effective the date the DUIC Judge signs their contract. Participants must be in good standing with the court to apply and receive a restricted permit. This permit can be revoked at any time during participation. All participants with a restricted license must have an interlock and SR-22 insurance. Upon Phase 5 or one year in the program, whichever is longer, participants can have full driving privileges back. Interlocks must remain in place for two after the date of signing DUIC contract. Participants must follow the contract for their restricted permits.

 

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

·        Verbal Warning

·        Paper

·        Curfew Reduction

·        Increased Supervision

·        Community Service

·        GPS Monitoring

·        Jail

·        Termination

 

What happens if a participant is terminated from DUI Court?

A participant may be terminated from the program for failure to comply with their contract. The DUI 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 continue supervision for a minimum of six months. Once they have graduated from DUI Court, they are no longer in the DUI Court program. DUI 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 DUI Court.

 

DUI Court Documents:

DUI Treatment Court Documents:

Referral Form - Treatment Court Referral Form - 2023