Title 255--LOCAL COURT RULES DELAWARE COUNTY The Prison Alternative Drug and Alcohol Program (PADAP); Misc. Doc. No. A-41-31-1990 [28 Pa.B. 2283] Order And Now, this 27th day of April, 1998, it is hereby Ordered and Decreed as follows:
1. The Prison Alternative Drug & Alcohol Program (PADAP) is hereby adopted as an alternative sentencing program. The intent of the program is to provide an intensive supervision and treatment alternative to pre-trial detention and prison sentences for a carefully selected number of felony defendants with substance dependency problems.
2. PADAP shall be immediately implemented and supervised by the Honorable George Koudelis and shall be enforced according to the guidelines that follow as Exhibit A.
By the Court
A. LEO SERENI,
President JudgeExhibit A Delaware County Court of Common Pleas Criminal Division Restrictive Intermediate Punishment Sentencing THE PRISON ALTERNATIVE
DRUG & ALCOHOL PROGRAM
[PADAP]Program Description and Policies and Procedures All policies and procedures subject to revision--March 1998 What is PADAP? * The Prison Alternative Drug and Alcohol Program [PADAP] is a state-funded project initiated by the Delaware County Court of Common Pleas. It provides an intensive supervision and treatment alternative to pretrial detention and prison sentences for a carefully selected number of felony defendants with substance dependency problems.
Who qualifies? PADAP is aimed at defendants:
* Who are level 3 or 4 defendants under the State's Sentencing Guideline laws [SGL3/4.]
* Whose current involvement with the criminal justice system is significantly related to a drug or alcohol problem that is severe enough to warrant intervention at a level of care ranging from intensive outpatient to residential treatment.
* Whose participation is not precluded under the Commonwealth's mandatory sentencing laws.
* Whose participation is not precluded under additional offense and prior record criteria established by the District Attorney.
Why participate? * Defendants are assured the commitment of the program's Case Planners, Case Managers, Day Reporting staff, and other Probation personnel, to assist them to identify and access the best available drug-treatment and other services and resources that will help them succeed in the program and avoid re-involvement with the criminal justice system in the future.
* Unless the defendant participates in PADAP, a SGL3/4 designation means that the seriousness of the current charge(s) and/or prior criminal history establishes a presumption in favor of a sentence to County or State Prison. Consequently, defendants who qualify and successfully complete the program are given an opportunity to avoid extended periods of pretrial and/or post-conviction imprisonment.
What is required of participants? * Defendants must first consult with defense counsel for information about the program, and sign a consent form, with advice of counsel, waiving Common Pleas Arraignment and declaring their interest and willingness to participate in the program.
* Defendants must complete a comprehensive D&A Assessment Interview conducted by a member of the project staff to determine preliminary program suitability and a level of treatment recommendation that is appropriate to deal with any D&A problems identified.
* Defendants found eligible after D&A Assessment, and who are not being detained pretrial at the County Prison, must begin attendance immediately and comply fully with all requirements the designated treatment facility and PADAP Case Manager.
* Defendants who are in pretrial detention in the Delaware County Prison at the time of the D&A Assessment may only be released to begin treatment if they meet criteria and accept conditions for Conditional Release set by the Court's Pretrial Services Unit and the District Attorney's Office. Conditions include pretrial supervision by a PADAP Day Reporting Center officer, accompanied in some cases by curfew and electronic home-monitoring or residing at a half-way house or work-release facility in lieu of prison for all or part of the pretrial period.
* Detained defendants who do not meet the Pretrial Services criteria for release begin treatment immediately upon their ability to post bail or upon full admission to PADAP following plea and sentencing.
* For defendants whose treatment needs are assessed at an Intensive Outpatient/Partial Hospitalization level, treatment involves an initial 8--10 week regimen of individual, group, and family counseling at the Mirmont Treatment Center in Lima. Mirmont sessions are typically held 3 mornings or early evenings per week and less often on Saturdays for family counseling.
* Defendants successfully completing IOP are phased into a lower level of care and ongoing case-management and criminal justice supervision. During this time they must adhere to any further treatment requirements, such as a short term of less intensive outpatient and aftercare counseling and/or ongoing involvement in a 12-step or other AA/NA community-based program.
* For defendants assessed at a residential care level, initial placement is in one of a number of facilities best suited to the defendant's particular treatment needs and personal circumstances. Residential stays typically are in the 1--4 month range, with extensions possible if needed. Successful completion is followed by release to one or more of the non-residential treatment levels outlined above.
* Defendants must cooperate fully with the PADAP Case Manager assigned in each case to provide any services that might assist the defendant for the duration of the pretrial and post-sentence treatment process.
* Defendants must cooperate fully with the PADAP Case Planner assigned in each case to work with the defendant pretrial, to develop a comprehensive case analysis and disposition plan to be submitted to the defense attorney for review. Subject to defense attorney approval, the plan will form the basis for any subsequent plea and sentencing negotiations with the prosecutor.
* Once negotiations are concluded, results are presented to a specially designated PADAP Trial Court Judge at the time of pretrial conference on the case. Approval of the plan and sentence to enter/continue treatment by the Court marks full acceptance into the Program.
* Following sentencing, defendants must comply fully with all conditions of the Court's order, including attendance/continuation at the designated treatment facility, supervision by the PADAP Case Manager and the Adult Probation Department's Day Reporting Center.
Program Termination * Defendants participating successfully in the program are released from the system after proceeding through a 3-year Restrictive Intermediate Punishment sentence of gradually decreasing levels of intensity of treatment [such as residential to outpatient] and supervision [such as Day-Reporting Center followed by periods of intensive and regular probation]. All major conditions of program participation are spelled out at the time of sentencing.
* Defendants who are re-arrested for a new offense or are found to be in breach of program conditions may be terminated from the program. Unsuccessful terminations during the pretrial phase are referred back to the defense attorney for normal processing on the original charges. Post-sentence failures are returned to the PADAP Trial Judge for hearing and re-sentencing.
Delaware County Court of Common Pleas Criminal Division PRISON ALTERNATIVE DRUG & ALCOHOL PROGRAM [PADAP] CONTACT INFORMATION LIST Honorable George Koudelis
Court of Common Pleas
Delaware County Courthouse
Media, PA 19063
Tel: 610-891-4349 Fax: 610-891-5488
e-mail: gkcourt@aol.comKatayoun Copeland, Assistant DA
Salvatore Astolfi, Assistant DA
Kevin Kelly, Deputy DA
Office of the District Attorney
Delaware County Courthouse
Media, PA 19063
Tel: 610-891-4161Eugene Taggart, Deputy PD
Office of the Public Defender of Delaware County
Delaware County Courthouse
Media, PA 19063
Tel: 610-891-4100Alan Thompson, PADAP Screening
Specialist [Gatekeeper]
Office of Court Services
Delaware County Courthouse
Media, PA 19063
e-mail: athomp5495@aol.com
Tel: 610-891-4780
Fax: 610-891-7294Marianne Grace, Director
Department of Drug & Alcohol
20 S. 69th Street
Upper Darby, PA 19082
Tel: 610-713-2457Phil Damiani, Director
Office of Court Services
Delaware County Courthouse
Media, PA 19163
Tel: 610-891-4474Professor Alan Harland, PADAP Adviser
Crime & Justice Research Institute
2427 Merwood Lane
Havertown, PA 19083
Tel: 610-789-0908
Fax: 610-771-0951
e-mail: aharland@nimbus.temple.edu[Pa.B. Doc. No. 98-766. Filed for public inspection May 15, 1998, 9:00 a.m.]
