Juvenile Drug Court Advisory Committee
(Unofficial until approved)
Canad Inns, Grand Forks, North Dakota
May 20, 2010
Justice Mary Muehlen Maring, Chair
Hon. Donovan Foughty
Hon. Wade Webb
Hon. Karen Braaten
Hon. Doug Mattson
Hon. David Nelson
The Juvenile Drug Court Advisory Committee met at the Canad Inns, Grand Forks, North
Dakota, on May 20, 2010. The meeting was called to order by Chair Justice Mary Muehlen
Hon. Wade Webb moved to approve the minutes of October 15, 2009, and Dale Rivard
seconded. Motion carried.
Chris Montgomery reported for the Williston team. Williston currently has no
participants in the program. There have been three terminations and one participant death in this
reporting period. There are two referrals pending.
Sherrice Roness reported for the Bismarck team. Bismarck currently has ten
participants in its program and has had two graduations and no terminations this reporting period.
The participants continue to attend the Life Skills Program every other week. The Life
Skills Program is held after drug court. Youthworks donates a room at their facility for the Life
Skills Program. The participants attended a Town Hall meeting in Bismarck. First Lady Mikey
Hoeven was the speaker. The team members and participants participated in the Red Ribbon
Carnival, the Banquet, Angel Tree Project, Carrie's Kids and a pottery project. For National
Drug Court Month, the drug court team and participants will go bowling.
Tracy Marback reported for the Grand Forks team. Grand Forks currently has six
participants in drug court and has had seven terminations and two graduations.
Two of the participants were involved in the Project River Cleanup this year. They were
featured in an article in the Grand Forks Herald for their hard work. The participants were active
in this reporting period. They were involved in a Socks Project which is for the homeless,
Bernie's Kids, and Art Wise. The drug court team and participants will go bowling to celebrate
National Drug Court Month.
Lisa Nihill reported for the Devils Lake team. Devils Lake currently has two
participants and has had one termination and no graduations this reporting period. Marlene
Morse has been hired as the new drug court coordinator. Lisa Nihill explained that their drug
court has not been successful with getting their participants to complete community service
hours. Curfew reduction and report writing are being used more frequently as sanctions.
The participants and team members participated in a court room cleanup day and Sully's
Hill clean-up. Five team members and participants completed a CPR course.
The court is still struggling with parent participation and support. Judge Webb suggested
that the Devils Lake team strive to get their parents on board right away and, if the parents are
not participating, do not hesitate to give them a phone call.
Kristi Chole reported for the Minot team. Minot currently has eight participants in
drug court and has had two terminations and two graduations. Carrie Francis replaced Todd
Cresap as defense counsel for the drug court. Jason Olson replaced Steve Kukowski as the law
enforcement representative on the drug court team.
Minot Law Enforcement donated tickets to the drug court participants for the Brian
Welch concert. The participants were required to right a report on their experience following the
concert. The reports were shared at the next drug court session. During the summer months,
court will be held every other week. The participants will work on a community service project
on the weeks court is not held. The participants will provide help with projects at the Roosevelt
Park Zoo during the summer months.
Robyn Hanson reported for the Fargo team. Fargo currently has nine participants and
has had two graduations, two terminations, and two runaways. One of Fargo's drug court
graduates was the recipient of the $500 scholarship awarded by the North Dakota Drug Court
Professionals Association. The Fargo Police Department continues to mentor the drug court
participants. Officers and participants worked together on a blanket project for the Advocacy
Center. The participants have attended EQUIP, which was facilitated by Nicole Leitner. Three
of the participants will work on the Forestry Project this summer. This is the fifth year Fargo
drug court participants will be involved in the Forestry Project.
Ballot Initiative - The Chief Justice of the Montana Supreme Court is advocating a new
ballot measure that would use alcohol tax money for prevention and treatment efforts. It was
presented to a legislative committee in Montana to determine whether alcohol tax money could
be used for alcohol and prevention treatment programs. Justice Maring asked if the drug courts
have needs in alcohol and prevention treatment that are not being met. She also expressed that
drug courts have had a great response from the Department of Human Services. The Department
of Human Services has supported the drug courts by providing addiction counseling and
treatment for our participants. Private providers are used when the parents have insurance
coverage. Justice Maring asked the group if anyone knew the amount collected from alcohol tax
revenue and where it is allocated. Deb Davis stated that cigarette taxes have risen over the years
but alcohol tax has not been increased since 1967. Judge Braaten questioned whether the money
goes into the general fund. Melody Peterson stated that the tax money does go into the general
fund. Melody Peterson also said a problem arises when you have drug court participant who has
been previously involved in treatment for alcohol or substance abuse with the Human Service
Centers. Under the regulations with federal dollars for prevention and treatment, that participant
will not qualify for treatment. Melody suggested talking to JoAnn Hoesel from the Department
of Human Services for more information. Deb Davis stated that a majority of the prevention
dollars from the State goes to the universities for prevention education.
Larry Robinson stated that JoAnn Hoesel chairs Governor Hoeven's Prevention Task
Force, and he is a member of the task force. He agrees that the statistics for the state are high for
underage drinking. Perry Lauer stated that there is going to be a state campaign coming soon
from the Prevention Task Force. He also mentioned that $100,000 in grant funds has been
allocated through the Prevention Task Force for programs and organizations in the state
Deb Davis reported on a SAMSHA pamphlet that she received at a meeting that includes
state statistics and the ten priority points for funding grants.
Drug Testing - Tom Lamphear reported on the new drug testing procedures for Bismarck
Juvenile Drug Court. The court has had problems with participants' alcohol usage and trying to
monitor it. Behaviorial Intervention has a new unit called the TAD. It is an alcohol detection
unit that is worn like the electronic monitoring system ankle bracelet and has an alcohol detection
component with it. It measures congested alcohol through a sensor that rides constantly on the
skin. It is very high tech and very cost effective. Tom Lamphear said the TAD is easy to use and
easy to hook up. This system is controlled by the court officer on a computer. The officer can
set the schedule for testing. The programming on the computer is excellent and very user
friendly. The ankle bracelet has a lot of features that prohibits the participant from trying to
falsify it or disconnect it. The messages can be received by email, fax, or PDA. It has a home
device just like the old EMS unit that sits in the participant's home. If the unit is moved, an alert
will be sent to the court officer. If they remove the cover from the unit, the court officer will
receive an alert. This unit has had a very big impact on participants who use alcohol. The cost
for random alcohol tests is almost $30 an hour, and the TAD unit is $8 a day. There are no start
up costs because juvenile drug court and juvenile court already have an account with Behavioral
Intervention. The participant must have a land line to use this unit, but the company is working
on cell phone access. Even if the participant is away from home, the TAD will still collect data
that will get downloaded once the participant returns.
Upper Midwest Drug Court Conference - Marilyn Moe reported on the next state drug
court conference. The funds have been secured to hold a drug court conference in 2011. The
conference will be scheduled for late fall and will be held in Bismarck.
At the last advisory meeting, Justice Maring requested that juvenile drug court have its
Releases and Consents reviewed by counsel at the Department of Human Services. Marilyn Moe
sent them to Julie Leer and they have not yet been reviewed by counsel. Deb Davis suggested
that they be reviewed by Kristin Bachmeier with the Department of Human Services.
Termination hearings - All of the courts are terminating a participant by the same
process except for Fargo. Justice Maring believes that all of the juvenile drug courts are in
compliance. In the Bismarck Juvenile Drug Court, if the team votes to terminate the participant
from the program, Referee Grinsteiner holds a separate hearing for termination. The participant,
parent, defense counsel, and prosecutor are present. Dale Rivard questioned how the same judge
could preside over both hearings. Jeff Ubben stated that the participant has the option to request
a judge or a referee.
Judge Braaten stated that in Grand Forks the team's position is that the participants know
well in advance that they are risking termination if they do not follow the program. By the time
they decide to terminate, the participant and parent know termination will happen at court. It is a
condition of probation, and they are not terminating probation. Deb Carlson asked if it has really
been determined if drug court is really court or treatment. She believes that due process is before
entry into drug court and it is treatment while in court. Wade Webb stated a child is placed, as a
condition of probation, in juvenile drug court. State statute allows for juvenile court to directly
order a juvenile into juvenile drug court. Rather than a condition of probation like all the other
drug courts, Fargo receives their participants under direct orders from juvenile court. It is not a
condition of probation. If they are terminated they are sent back for disposition to the referee.
Next meeting date is set for October 1, 2011. It will be held in Bismarck.
There being no further business, the meeting was adjourned.