Members Present:
Justice Mary Muehlen Maring, Chair
Brad Peterson
Tom Lamphear
Referee John Grinsteiner
Travis Rau
Brett Anderson
Amy Larsen
Mikayla Jablonski
Katie Gendreau
Holly Webster
Karen Olson
Hon. Donovan Foughty
Lisa Nihill
Trudy Dick
Bridget Hill
Hon. Karen Braaten
Kim Schnack
Ruth Jenny
Deb Carlson
Deb Davis
Robyn Hanson
Terry Styf
Luke Kalsow
Hon. Steve McCollough
Kim Hegvik
Karen Kringlie
Sean Anderson
Jason Anderson
Carrie Francis
Valerie Potter
Hon. Richard Hagar
Ned Strand
Members Absent:
Hon. Douglas Mattson
Hon. David Nelson
Staff:
Marilyn Moe
The Juvenile Drug Court Advisory Committee met by Interactive Video Network,
on April 8, 2011. The meeting was called to order by Chair Justice Mary Muehlen
Maring.
Judge Braaten moved to approve the minutes of October 11, 2010, and Judge
McCullough seconded. Motion Carried.
New Business:
Trudy Dick reported for the Devils Lake Team. Devils Lake currently has
four participants in its program and has had two graduations and one termination since
October 2010. Three new referrals are being screened for the program. Two participants
from the Spirit Lake Reservation currently participate in the program.
Karen Olson spoke of the collaboration efforts taking place with two tribal judges
to discuss a joint juvenile/tribal drug court. Lutheran Social Services has two trackers
that will track on the reservation and, hopefully, Spirit Lake will be able to provide a
probation officer.
The court has excellent participation since requiring the parents attendance in
court. Karen Olson said they had received a letter from a mother of a participant from
Spirit Lake complimenting them on the court and how much it is helping her daughter. A
new treatment provider and drug court coordinator have joined the Devils Lake team.
The team and participants were involved in the State Special Olympics Basketball
Tournament. In conjunction with April being Prevent Child Abuse Month, Devils Lake
juvenile drug court participants made fleece blankets for the children taken into
protective custody. On April 28, 2011, a Social Service representative will make a
presentation to the participants on the process of taking a child into protective custody.
Karen Olson spoke of the Devils Lake Drug Court Program celebrating two years
and felt that the program has been very successful. Justice Maring complimented Devils
Lake on their success and expressed her excitement on starting a joint tribal/state juvenile
drug court.
John Grinsteiner reported for the Bismarck Team. Bismarck currently has
seven active participants in the program. There were no terminations and five
graduations since their last report in October.
Court officer, Tom Lamphear, informed the committee that Linda McHenry from
Isecure contacted him recently. Isecure will announce within the next week that
MEMMS will now operate with a cell phone. Tom will keep the other drug courts
informed when the cell phones are added.
Centre Inc. is no longer used to facilitate community service projects for the
Bismarck Juvenile Drug Court. Sherrice Roness, coordinator, oversees all individual
and group projects. The team and participants were involved in community service
projects such as Carrie’s Kids, Soup Café, Red Ribbon Carnival, Angel Tree Program,
The Banquet, and provided turkey meals for families during Thanksgiving.
The team and participants will celebrate drug court month with their annual
bowling party. The participants work with Shannon Huber every other week for the Life
Skills Program.
Judge Braaten asked the Bismarck team members how they are funding the Life
Skills Program. Marilyn Moe explained that the coordinator’s contract is paid for out of
the Bismarck drug court budget.
Bridget Hill reported for the Grand Forks team. The program currently has
eight participants. They have had four terminations and six graduations since our last
meeting in October. Bridget Hill has been hired as the new coordinator for the Grand
Forks Juvenile Drug Court and Kim Schnack will replace Jennifer Liddle as the new
court officer. Travis Jacobson has joined the team representing the Grand Forks law
enforcement.
The participants were involved in the Bernie’s Kids project where they wrapped
presents for the Christmas season. Some of the participants helped with the Art Wise
Project. The participants will be involved in a pottery project for the summer. The
pottery project will be held once a month and court sessions will be held the remainder of
the month.
Judge Braaten expressed that she felt the court was going well. The court had
taken quite a few high-risk participants last year and ended up terminating most of them.
The team has been screening referrals for the program.
Valerie Potter reported for the Minot team. The Minot program currently has
five participants. Since October, there have been four graduations and one termination.
The drug court team and participants took a first aid and CPR class. The
participants had a busy winter with community service projects, including providing a
Thanksgiving meal for a family, bell ringing for the Salvation Army, and working at the
Hostfest. A bowling party was held in January and Pin-Head Awards were awarded to
the top bowlers and the bowlers with the biggest and smallest shoe sizes.
The team met in February and March to go through the Juvenile Drug Court
Program Manual and handbook.
During the summer months, court sessions will be held three times a month and
the participants will provide community service at the Roosevelt Park Zoo once a month.
Val Potter has been in contact with Sherrice Roness, Bismarck Juvenile Drug
Court, to learn more about Bismarck’s Life Skills Program. Minot hopes to incorporate a
similar program.
Scott Hopwood asked the committee members about procedures for termination
from their juvenile drug court programs. John Grinsteiner stated that Bismarck’s
participants’ terminations are usually decided by a vote at staffing. The judge does not
vote in the process. The participant and parents are notified and a termination hearing is
held within seven days. The participant and parents are advised to talk with their defense
counsel during this time. At the termination hearing, the State’s Attorney presents the
facts for the termination, defense counsel presents any changes, and the judge makes the
decision. Since Bismarck has started this termination procedure, three participants were
terminated and one participant was allowed to stay in the program. The revocation
hearing is in front of a different judge or referee. Justice Maring asked if any of the other
courts are holding termination hearings. Judge McCullough from Fargo said, in his
court, the participant is given the opportunity to talk, but they do not hold a separate
hearing. He also said the participants are given several weeks before terminating. Val
Potter asked if Grand Forks Juvenile Drug Court is still using the Last Chance Contract.
Judge Braaten said they do use it, but not in every case. When it is used, the participant
is terminated immediately after the next offense. Judge Braaten also commented that in
Grand Forks, it is a team consensus if that participant is going to be terminated.
Scott Hopwood reported for the Williston team. The Williston Juvenile Drug
Court has been on hold since October 2010. They have not had a participant in the
program since May of 2010. The program was placed on hold because of lack of
referrals and it did not have either a juvenile court officer or a law enforcement officer.
The team met recently and plans to begin operation sometime late summer. Peter
Furseth, defense counsel, will be replaced by Jake Marburger. They will receive further
training before restarting the court.
Marilyn Moe received a telephone call from the National Association of Drug
Court Professionals in regards to a new Juvenile Tune-Up Training. The training is a
two-day team training and NADCP would provide the presenters and would come to
North Dakota for the training. Marilyn will check with Carolyn Hardin from NADCP to
get more details.
Judge McCullough reported for the Fargo team. The Fargo program currently
has nine participants. They have had one termination and no graduations since October.
There are two graduations pending. One participant was released because the participant
moved out of Fargo. They are scheduled to have two graduations in December, 2011.
The participants were involved in bell ringing for the Salvation Army. Law
Enforcement Officer, Terry Styf, helped with this project. In January, Betty Thomas, a
past graduate’s mother, was invited to talk with the participants and team. Betty’s son
was a past graduate of the drug court program and who died of a meth overdose. The
presentation was video taped and Judge McCullough will send a copy to Marilyn so the
other drug courts can view.
The participants have been involved in sandbagging around Fargo. The
participants will be spending time learning about resume building and preparing for an
interview. They will also continue the Life Management Program with Nicole Leitner.
The team held a retreat to go through the Juvenile Drug Court Program Manual and
materials. Fargo has made changes in sanctioning. Sanctions are more progressive if
they do not tell the truth. The Fargo team has created a Fish Bowl for quarterly drawings
for participants who have done well in the program. A few of the participants will work
at the City of Fargo Forestry Project for the summer months.
Judge McCullough spoke of the team’s frustrations with the delays on
confirmations from Redwood Toxicology. The Cass County Sheriff’s Department is
considering buying a desktop drug/alcohol testing device. This would give the
opportunity for both adult and juvenile drug courts and the adult and juvenile probation
to use the machine. It would be housed at the sheriff’s office and an officer would be
trained to operate the machine. The actual cost of the machine is $57,000 or they could
lease it. The company they are working with is the Seimens Company. If they lease the
machine, the testing costs will be higher. Tom Lamphear asked if the machine tests for
prescription drugs. Judge McCullough said it does. It is a urine sample.
Legislation Update - Justice Maring appeared before the House Judiciary and
Senate Education Committee in regards to House Bill 1086. This Bill would amend
N.D.C.C. §15.1-19-13. Alcohol or controlled substance - Use or possession by student -
Notification of principal - Exception. This amendment simply provides that a teacher or
administrator who participates in a juvenile drug court program and receives confidential
information regarding a student as a result of participation in the program, shall not
notify the student’s principal. The amendment has passed both the House and Senate and
is before Governor Dalyrmple.
National Drug Court Institute Webinar - Brad Peterson, Mikayla Jablonski,
and Marilyn Moe participated in a webinar with William Meyers, retired judge. The
webinar was on the latest case law. The session emphasized participants’ rights and the
need to be cautious with regard to due process protections.
Reentry - The Bismarck team talked about enrolling a past graduate who had
relapsed back into the program and asked for the committee’s comments. Judge Braaten
stated that the situation should be considered on an individual basis and the JDC Program
Manual does not appear to prohibit a team from doing so. The manual states that a
participant who has been terminated from the program is not allowed to participate in the
program again. Val Potter said she did not believe a participant should be allowed back
into the program. There are many areas to decide prior to taking the juvenile back into
the program. Justice Maring indicated the manual does not prohibit reentry, but she
questioned whether a participant who fails should be allowed back. The committee
decided that if reentry is to be allowed, the conditions should be outlined in the program
manual eligibility criteria. The Bismarck team will research the issue.
Old business:
Juvenile Drug Court Program Manual - A committee was established to go over
the suggestions for the Juvenile Drug Court Program Manual. The committee members
are: Brad Peterson Sean Anderson, Val Potter, John Grinsteiner, Dale Rivard, Deb Davis,
Kim Hegvik, Tom Lamphear, and Marilyn Moe.
Upper Midwest Drug Court Conference - Marilyn Moe reported that most of the
presenters for the upcoming conference on October 12-14, 2011, have been filled. The
conference will run from noon, October 12, 2011, through noon, October 14, 2011.
Justice Maring thanked the committee for their hard work.
Detention Study - Karen Kringlie reported that Dr. Kevin Thompson has been
contracted to complete a five-year detention study. The study will include records of
juvenile drug court participants and juvenile court referrals. The study is planned to be
completed by July 1, 2011.
Justice Maring has appeared before the House and Senate Appropriations
Committee and has received excellent support from our legislators. She encourages all
team members to thank our state legislators and congressional delegation for their strong
support for drug courts.
John Grinsteiner announced that the North Dakota Drug Court Professionals
Association dues of $25 are due. The Association will meet during the drug court
conference in October. The Association will announce the two college scholarship
winners from the adult and juvenile drug courts. Josh Maynard has the Association’s
website operational. John encouraged everyone to send Josh pictures and updates to their
courts. The annual deadline for the scholarship applications is January 31st. There is also
an opening for a position on the Association board.
Next meeting: The next Advisory meeting will be held on October 28, 2011. It
will be held through IVN and Marilyn Moe will send out notices.
Meeting Adjourned
Marilyn Moe