AMENDMENTS TO LOCAL RULES Gender Specific Court, EMERGENCY STATUS effective May 12th, 2014 (MontCourt News & Announcements)

 
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AMENDMENTS TO LOCAL RULES: Gender Specific Court, EMERGENCY STATUS effective May 12th, 2014

Posted: 2014-05-07

NOTICE

MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

NEW LOCAL RULE:

3.15, Gender Specific Court

 

(EMERGENCY STATUS – EFFECTIVE MAY 12, 2014)

 

The General Division of the Montgomery County Common Pleas Court adopted NEW

Local Rule 3.15, Gender Specific Court, effective May 12, 2014.

Rule 3.15 – Gender Specific Court

 

I.        CREATION OF SPECIALIZED DOCKET – “GENDER SPECIFIC COURT”:

A.   Gender Specific Court is created in accordance to the requirements set forth in Sup. R. 36.20-36.29, Specialized Docket Standards, Appendix I Rules of Superintendence.  Gender Specific Court is to facilitate efficient and effective treatment of drug addicted or drug abusing offenders.  Offenders shall be supervised by the Montgomery County Adult Probation Department to ensure compliance with community control sanctions and to assist offenders with criminogenic needs.

II.   ELIGIBILITY CRITERIA FOR GENDER SPECIFIC COURT ADMISSION:

A.   Offenders may be ordered by the sentencing Judge to Gender Specific Court through a plea and sentencing, probation violation, judicial release, or through Intervention in Lieu of Conviction pursuant to R.C. § 2951.041.  The defendant must be amenable to community control; been charged with a felony offense of the third, fourth, or fifth degree; reside in Ohio; have little history of violent behavior; have a chemical abuse addiction in which the current and/or past criminal behavior has been alcohol or drug driven; have no acute health condition; and demonstrate a sincere willingness to participate in a long-term treatment process.

III.  REFERRING CRIMINAL DEFENDANTS TO GENDER SPECIFIC COURT: 

A.   Gender Specific Court receives referrals from the General Division Judge to whom the case is assigned.  The Gender Specific Court team shall review the case for legal/clinical eligibility as identified in the Gender Specific Court Eligibility Criteria.  The sentencing Judge shall have final discretion to decide if the defendant is ordered to Gender Specific Court.    

IV.  SENTENCING:

A.   Once the defendant has been ordered to Gender Specific Court as a condition of community control, or as a condition for Intervention in Lieu of Conviction, along with any other appropriate sanctions, the case shall be transferred to the Gender Specific Court Judge where any, and all further court proceedings with respect to that, shall be heard by the Gender Specific Court Judge.  The Gender Specific Court Judge shall have the authority to conduct arraignments, accepts pleas, enter findings and dispositions, revoke community control sanctions, revoke Intervention in Lieu of Conviction, grant community control sanctions and grant Intervention in Lieu of Conviction pursuant to R.C. § 2951.041. 

V.   GENDER SPECIFIC COURT TEAM:

A.   The Gender Specific Court Team shall consist of the Judge, Adult Probation Department Manager and subordinate staff, Probation Officers, licensed treatment providers, community based employment program personnel, the Assistant Prosecuting Attorney and Defense Counsel.  The Gender Specific Court team shall convene weekly to handle the docket, to discuss the progress and status of individual offenders, and to apply sanctions as needed.

VI.  GENDER SPECIFIC COURT TREATMENT PHASES:

A.   Gender Specific Court offenders shall be required to complete phases of treatment as individually necessary, and all other requirements, as identified in the Gender Specific Court Participant Handbook, and the Gender Specific Court Participation Agreement.  Gender Specific Court offenders shall comply with all the rules indicated to them by the Gender Specific Court Judge at their initial or early appearance.  While in Gender Specific Court, the offenders shall receive services to assist in meeting criminogenic needs.  Upon graduation from Gender Specific Court, the offender may remain under community control sanctions or Intervention in Lieu of Conviction sanctions to ensure continued compliance/success.

VII. UNSUCCESSFUL TERMINATION FROM GENDER SPECIFIC COURT:

A.   Reasons for termination from Gender Specific Court include, but are not limited to, failure to remain clean from illegal substances and/or alcohol, violations of the rules of community control, violations of the conditions set forth for an Intervention in Lieu of Conviction, and/or failure to comply with the Gender Specific Court participation agreement and Judge instructed rules.  Non-compliance with the aforementioned may result in a probation violation, or an Intervention in Lieu of Conviction revocation hearing.  Any such hearing shall be adjudicated by the Gender Specific Court Judge.  At said hearing, the defendant may have the conditions of his/her community control, or conditions of his/her Intervention in Lieu of Conviction modified.  Modifications may include, but are not limited to, commitment to a Community Based Correctional Facility (CBCF), revocation of the defendant’s Intervention in Lieu of Conviction, termination from Gender Specific Court, and/or revocation of the defendant’s community control.  The Gender Specific Court Judge does maintain discretion to refer the defendant back to the General Division Judge originally assigned to the case for further proceedings.  At the hearing the normal laws for revocation apply and the defendant has a right to counsel.

VIII. SANCTIONS FOR NON-COMPLIANCE:

A.   Sanctions for the Gender Specific Court participant’s non-compliance vary in intensity and may include, but are not limited to, the following: (1) warning and admonition from the Judge; (2) demotion to an earlier specialized docket phase; (3) increased frequency of drug and/or alcohol testing and court appearances; (4) increased supervision contacts and monitoring; (5) community service or work program; (6) jail or out of home placement; (7) community control or probation or ILC violation; (8) termination from the specialized docket; (9) commitment to residential treatment programming.

IX.  STATISTICAL REPORTS:

A. For purposes of Supreme Court statistical reports, the case shall be considered disposed by the assigned Judge when the defendant is sentenced to Gender Specific Court, or if the defendant is ordered into Gender Specific Court as a condition of Intervention in Lieu of Conviction.

     

 
     
 
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