Juvenile Department

Clackamas County Juvenile Department Drug and MIP Diversion Program

Overview

The Clackamas County Juvenile Department Drug Diversion Program is designed to assure a minimum response (treatment and consequence) to any youth being charged with Possession of Less than an Ounce of Marijuana, Possession of Less than an Ounce within 1,000 Feet of a School, Possession of Drug Paraphernalia, and Minor in Possession of Alcohol.

The philosophy of the program is to ensure youth are being held accountable for their actions, their treatment needs are being assessed and their risk to the community is addressed.

The approach is intended to provide a balanced, consistent and common sense method of dealing with the youth and his/her referral. This is accomplished through the use of required standards of treatment and consequences for all referral levels. These standards are equally applied to all cases that indicate sufficient grounds to proceed in court.

Process of Handling 1^st Time Referrals

The County's MIP/PCS (Minor in Possession of Alcohol, Possession of Marijuana <1oz) Diversion Specialist receives the referrals either directly from police agencies or from other Clackamas County Juvenile Department Counselors. Each report is read and reviewed by the MIP Diversion Specialist. This is followed by the scheduling of a face-to-face interview with the youth and his/her family. The initial interview is used to determine the level of the youth's risk both to self and/or community in relationship to his/her substance abuse related behaviors. This contact is also used to inform the youth and family of potential consequences for the youth's behavior. The youth and family may be provided the option of a diversion program by way of a Formal Accountability Agreement (FAA), which will include at a minimum:

• No further violations of any criminal laws or ordinances.
• Not possess or consume any alcohol or illegal drugs.
• Satisfactorily complete a drug/alcohol evaluation/education program.
• Maintain regular contact with the counselor assigned.

This agreement may also include, at the Counselor's discretion:

• Random urinalysis testing
• Community service work
• An essay on drugs or alcohol
• Sanctions for Repeat Offenders

Sanctions for Repeat Offenders

Any youth who receives a second drug/alcohol referral will be scheduled for a group intake and then court. This intake will be used to give information on the court process and what to expect.

At the initial appearance, the youth's rights are explained and the youth will be asked to enter a plea. If the youth admits, the Judge will proceed and determine the disposition of the case. At the time of the hearing, the Counselor will make a recommendation which may include:

• *Suspension of driving privileges for one year or until the age of 17, (whichever is longer). Note: *The suspension of driving privileges is mandatory for any alcohol or drug related conviction.
• A fine or money judgment order (to be waived if successfully completed MIP Court Sanctions)
• Community service work
• Completion of a drug evaluation with drug and alcohol education, evaluation, counseling, treatment, or support groups.

If the youth is going to deny the charge, a contested hearing can be scheduled before the Circuit Court Judge handling juvenile matters.

Appeal / License Reinstatement Process

Upon the Judge signing the Order, the youth may, within 10 days, request in writing that the order be appealed. The judge must then review the order within 45 days of the request.

A youth may also request the Judge to reinstate his/her driving privileges. This can be done 90 days for alcohol related charges and 6 months for marijuana related charges after the suspension occurred. In order to be considered for reinstatement, the following criteria must be submitted to the Court:

1. Ability to articulate in writing what has been learned from this MIP/PCS experience.
2. Statement of the areas in your life where changes have occurred.
3. Show willingness and ability to continue with the changes and state what has been learned in regard to drugs and alcohol.
4. Physical documentation of progress and changes, i.e., grade report, letters of recommendation, etc.
5. Written recognition from the parent(s) that they are in agreement with the request for reinstatement.
6. Successfully completing court order conditions.

For further information regarding MIP/PCS charges, contact Dawn Wade at the Clackamas County Juvenile Department at 503-655-8342 or email dawnw@co.clackamas.or.us.

Driving Under the Influence of Intoxicants (DUII)

In 2005 Clackamas County Juvenile Court retained jurisidction over Juvenile DUII (Driving Under the Influence of Intoxicants) crimes in Clackamas County. Clackamas County Juvenile Department is committed to providing intensive supervision for DUII youth offenders in order to promote positive outcomes and reduce recidivism rates. In the juvenile justice system youth engage in treatment specifically designed for adolescents, have active family involvement and access to numerous resources in order to support their success. Research indicates with more intensive supervision and appropriate treatment interventions, youth have better outcomes for success.

For further information regarding DUII's, contact Tina Wheeler at the Clackamas County Juvenile Department at 503-655-8342 or email tinawh@co.clackamas.or.us.

Expunction

Youth referred to the Clackamas County Drug Diversion Program for drug related charges will not be eligible for early expunction. The expunction process will follow that of ORS 419A.260 and 419A.262.

Other Drug Services

Referrals to the Clackamas County Juvenile Department for drug charges other than Possession of Less than an Ounce of Marijuana , Possession of Less than an Ounce within 1,000 Feet of a School and, Possession of Drug Paraphernalia, are generally felony charges and are assigned to a Juvenile Department Counselor who will respond by developing a plan which takes into consideration public safety, treatment/education issues and concerns, and appropriate sanctions.