General Program and Undertaking
Court reference number: | |
Participant: | |
Address: | |
Date of this undertaking and program commencement date: | |
Program Conditions
1. Commitment to program
1. I must fully commit myself to my Drug Court program. My Drug Court program will take priority over all other commitments.
2. I must not abandon my program
3. I must be of good behaviour. I must commit no criminal offence.
4. I must be honest and not attempt to deceive the Drug Court or any member of the Drug Court team, my treatment provider or Probation Officer.
5. I must obey any direction given to me by the Drug Court, any member of the Drug Court team, my treatment provider or my Probation Officer, including the initial directions which are attached to this undertaking.
2. Drug use
1. I must not use or possess any prohibited drug.
2. I must not use or have in my possession any thing normally used in the administration of prohibited drugs, including syringes.
3. I must attempt to avoid associating with anyone who uses prohibited drugs, unless the Drug Court or my Probation Officer allow me to do so.
4. I must not use alcohol or any other legal drug in a manner which may interfere with my ability to fully participate in my program. I understand that I may be subject to a sanction for having a blood alcohol level exceeding 0.05.
5. I understand that I may be directed to use no alcohol or other legal drug.
3. Drug tests
1. I must provide my urine, breath, sweat or saliva for drug testing whenever directed to do so by the Court, by a treatment provider, by my Probation Officer or by a methadone, naltrexone or buprenorphine prescriber or provider.
2. I must submit to a drug test each time that I am released from custody.
3. I understand that I will probably be asked to submit to a drug test in
Phase One- three times a week
Phase Two - twice a week
Phase Three - twice a week
4. I understand that any information connected with such drug tests will be used solely for the purposes of the Drug Court and will not be admitted as evidence in any criminal proceedings or provided to anyone outside the Drug Court without my written consent.
5. I understand that any attempt to falsify or avoid a drug test is a very serious breach of my Drug Court program, which will result in a significant sanction or termination of my program.
6. I understand that if I dispute the result of a drug test, I can request further testing. If I ask for further testing, the Court may decide that it is not necessary. I will be required to pay for further testing if it confirms that I have used a drug (including medication) contrary to my program conditions. If I require independent test to be done I will have to make those arrangements and pay the cost.
4. Program attendances
1. I must punctually attend all
Drug Court sittings
drug test appointments
treatment or counselling appointments
appointments with my Probation Officer
personal development courses
courses on obtaining employment
educational courses
other appointments
which I am directed to attend.
2. If I an unable to attend or if I am late I must do all that I can to notify the person with whom I should meet beforehand.
3. If an appointment is not met, I must re-book and attend the appointment as soon as possible after the cancelled appointment.
5. Treatment for drug dependency.
1. I must comply with the rules and directions of my treatment provider.
2. I must attend counselling twice each week for six weeks, or until my treatment is reviewed.
3. I must attend Drug and Alcohol programs, Day programs, Bridging or transition programs when they are arranged for me.
4. If my treatment involves the use of pharmacotheraphy (eg. methadone, naltrexone, buprenorphine) I must
attend for dosing on every occasion
take my dose exactly as prescribed
adhere to the rules of the dosing agency.
5. I understand that my treatment plan can be varied from time to time and I will comply with any changes made to that plan.
6. Residential rehabilitation centre.
1. I must obey all the directions, rules and restrictions of the rehabilitation centre at which I reside.
2. I must reside at my place of residence in the rehabilitation centre unless I am given leave by my treatment provider and my Probation Officer.
3. If I am discharged from a residential rehabilitation centre,
I must immediately contact my Probation Officer and notify him/her of my whereabouts, and follow any directions given
I must attend Court at the first opportunity
4. I understand that failure to immediately report to the Drug Court will result in a severe sanction or termination of my program.
7. Medical treatment
1. Whenever possible, I must only receive general medical treatment from one medical practice.
2. I must provide the name, address and telephone number of that medical practice to the Court (via my treatment provider) as soon as possible. I must advise any doctor whom I consult that I am on a Drug Court program.
3. I must not use any prescription medication unless it is prescribed for me by a doctor. At the first available opportunity, I will tell my treatment provider about the prescribed medication and provide my treatment provider with the name and telephone number of the prescribing doctor.
4. If I am too sick to attend Court or any other Drug Court commitment I must provide the Court with a detailed medical certificate from my usual medical practice in which the doctor states that he/she knows that I am on a Drug Court program and states that I am too sick to attend the specified commitment.
5. I understand that a medical certificate will not necessarily be accepted as an adequate excuse for failing to meet a Drug Court commitment.
6. I authorise any doctor who provides me with a medical certificate to provide the Drug Court and my treatment provider with any information they may request concerning my medical condition and treatment. I understand that I cannot withdraw this authority.
8. Probation and Parole supervision
1. I must accept the supervision of my Probation and Parole case manager, and comply with all directions.
2. I must comply with the requirements of my case management plan which will be provided to me when I commence my program. I understand that my case management plan will be varied from time to time and I must comply with any changes made to that plan.
3. I must accept any home visit by my Probation Officer, my treatment provider or any other person connected with the Drug Court, whether or not I have been given prior notice of the visit. I understand that my Probation Officer will come to my home regularly, and will speak with the people with whom I live about me.
9. Residence
1. I must reside at the address given at the top of this undertaking and sleep there each night unless I have the prior approval of the Court or Probation Officer.
2. I must not change my residential address unless the assessed as suitable by my Probation Officer before I move.
3. I must immediately notify my Probation Officer of any change of telephone number.
10. Employment
1. I must not obtain any paid employment, whether full time, part time or casual without first obtaining the permission of my Probation Officer.
2. I understand that my Probation Officer may speak to any proposed employer about my involvement in a Drug Court program before granting permission for me to work.
11. Curfews and restrictions
1. During the first month of my program I must be at my place of residence between 7pm and 7 am each day, unless I have my Probation Officers approval to be absent.
2. I must not visit any prisoner at any correctional centre without the prior approval of the Drug Court or my Probation Officer.
3. I must not work as an informant for any law enforcement authority.
12. Drug Court fees
1. I must pay any reasonable treatment, service or program fee imposed by the Drug Court.
2. I understand that I will be given prior notice of any fee which the Drug Court intends to impose.
13. My response to a program breach
1. I must report any breach of my program at the first opportunity I have to do so to my Probation Officer, treatment provider and the Drug Court.
2. If I use prohibited drugs I must
honestly and promptly disclose this use to the Court, my Probation Officer and my treatment provider, and
contact my treatment provider as soon as possible to seek counselling to help me avoid any further use.
3. I accept that if I do not comply with any of the program conditions, my behaviour will be subject to sanctions such as:
withdrawal of privileges
a change in the frequency of counselling or other treatment,
an increase in supervision
an increase in the frequency of testing for drugs,
a monetary penalty
imprisonment for up to 14 days for any breach.
14. Important aspects of my Drug Court program
I understand the following important aspects of my Drug Court program.
1. The Drug Court can change these conditions and impose any new conditions which it considers appropriate.
2. If I am unhappy with any existing or proposed program condition, I can ask the Drug Court to change it. I must obey any existing condition unless and until it is changed.
3. Completion of the three phases of my program will take at least twelve months. I will not progress from one phase to the next phase until I have completed the requirements of the previous phase. During the first phase, I will be coming to Court every week.
4. My Probation Officer and my treatment provider will provide the Drug Court with regular reports as to my progress. These will be considered by the Drug Court team prior to my appearance at Court. I will not be present at these meetings, but anything important will be raised with me when I report back to Court.
5. My Probation Officer, my treatment provider and others connected with my program (except my lawyer) will immediately notify the Drug Court if I am suspected of breaching my program in any way and will give the Drug Court details of the suspected breach (including drug use).
6. Any suspected breach of my program may result in the Drug Court issuing a warrant for my arrest.
7. The Drug Court can terminate my program if I breach a condition of my program. If I fail to report to the Court as required my program may be terminated without notice to me and in my absence.
8. I cannot appeal against any sanction imposed, or the termination of my program.
9. At any time, I can request the Drug Court to terminate my program.
10. If my program is terminated in any way, my initial sentence will be re-considered by the Drug Court. The final sentence will not be greater than the initial sentence.
15. Acknowledgment of explanation
1. I have received a copy of this undertaking. The undertaking has been explained to me and I understand it. I have discussed with my solicitor the important aspects in cl 14 of the program , and the consequences of entering my program, including successful completion and termination, and the consequences of not entering the program and continuing through the usual legal process.
2. I seek to enter a Drug Court program.
Signature of Participant Signature of solicitor
Dated
16. Undertaking
I accept the conditions of the general program, and of the treatment plan and case management plan which have been given to me today, and undertake to comply with this Drug Court program.
_____________________________________
Signature of Participant
17. Registrar’s statement
I have explained the attached treatment plan and case management plan to the participant and answered all questions by the participant concerning his/her participation in a Drug Court program. I have explained to the participant the consequences of entering a Drug Court program, including failure on the program. I have asked the participant to sign the document only if the participant still wished to participate in a Drug Court program.
_____________________________________
Signature of Registrar (or deputy)
date:
Interpreter's Statement
I, ,being a duly qualified interpreter, state that I have interpreted this document from the language to the English language.
_____________________________________ __________________
Signature of Interpreter NAATI No.
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