Offender/Client Handbook

DWI

In an effort to "fine tune" this new program, please be aware that some edits my be done over the next few months. Should any major changes be made Client will receive a notification of change and may request an updated copy of the new handbook.

  • Cibola County

    DWI Misdemeanor Compliance

    Program 

    Logo Transparent Background rev   

    Client Handbook

    Revised 01-03-2018

     DWI/ Compliance Team

     

    • Honorable 13th Judicial District Judge Pedro G. Rael
    • Honorable Cibola County Magistrate Court Judge Larry Diaz
    • Honorable Cibola County Magistrate Court Judge Jonny Valdez
    • Honorable Grants Municipal Judge Elise Larsen
    • Honorable Milan Municipal Judge Willie Jaramillo

     

    • Michael K. Dodds

    DWI Program Coordinator is responsible for the administration of the program. He/She supervises the daily activities of the DWI and Compliance programs and their staff. He/She is the liaison between the DWI/Compliance program and the community. He/She also coordinates prevention, community service, monitoring and drug testing.  

    • Dawn Cook DWI Misdemeanor Compliance Officer

    This person is responsible for supervising you while on probation for Misdemeanor DWI Offense.  He/She will provide case management and assist you while on probation.  He/She coordinates all sanctions, monitoring, and drug testing. You will be required to check in with your Compliance Officer as required. 

    • Sidney Sanchez Misdemeanor Compliance Officer

    This person is responsible for supervising you while on probation for Domestic Violence (alcohol related) and or Misdemeanor DWI Offense.  He/She will provide case management and assist you while on probation.  He/She coordinates all sanctions, monitoring, and drug testing. You will be required to check in with your Compliance Officer as required. 

    • Public Defenders

    These people are responsible for representing you in court hearings/appearances and will protect your rights and answer questions. They explain your required commitment to the program as well as your legal rights. It is their job to protect those legal rights. 

    • District Attorney’s Office

    District Attorney provides legal advice and the public safety perspective to the DWI/Compliance team.  

     

    • Law Enforcement

    These agencies cooperate with DWI/Compliance, in serving warrants for search and seizure, arrests, and notices to appear in court. 

    The individuals listed above, and others in the community, make up the DWI/Compliance Team.  This team is responsible for monitoring your progress, and supporting you while you are in the program.  They will testify and make recommendations to the court based upon your successes and or failures.


    Important Phone Numbers

     Drug/Alcohol Testing Color Line…….……………………………………….505-285-2588

    • R/C Level 6 – Rainbow, all the colors listed. Report if any of the above colors are called.
    • R/C Level 5 - RED
    • R/C Level 4 - BLACK
    • R/C Level 3 - BLUE
    • R/C Level 2 - SILVER
    • R/C Level 1 - GREEN

     Dawn Cook - DWI Misdemeanor Compliance Officer………………………………505-285-2586

    • Running late for check-ins, or UA testing
    • Changes in work schedule
    • Need help finding a job
    • Questions about R/C Levels
    • Need to take a drug test outside the designated testing time or location

     

     Sidney Sanchez - DWI Misdemeanor Compliance Officer ……………….505-285-2595

    • Running late for check-ins, or UA testing
    • Changes in work schedule
    • Need help finding a job
    • Questions about R/C Levels
    • Need to take a drug test outside the designated testing time or location

     

    Emergencies……………………………………………………………………………………………911

     NM Crisis Line………………………………….……………………………….…1-855-662-7474

     NM Warm Line………………………………….…………….……………….…1-855-466-7100

    Program Coordinator, Michael K. Dodds……………….…………….…505-285-2585

    • Concerns about DWI/Compliance
    • Information on filing a grievance
    • Questions about the program rules or drug testing
    • Concerns about sanction

     

    Public Defenders Office………………………………….….……….…….……505-395-2892 

    What is DWI Misdemeanor Compliance

     DWI Misdemeanor Compliance, is a program that consists of regular drug and alcohol testing, counseling sessions, case management, and court appearances in order to reduce the likelihood of reoffence of DWI violations, reduction of DWI related crashes and/or fatalities.  

     The offender will complete successfully after maintaining sobriety and completion of all required programs. 

    There is a daily call in system based on risk and cooperation, to schedule drug and alcohol tests.  The participant may be drug tested by any member of the team at any time during the program. The risk-levels colors, from high to low, are: Level 5- Red, Level 4- Black, Level 3- Blue, Level 2- Silver and Level 1- Green. 

     Unsuccessful discharge from the program will be referred back to your presiding Judge for probation revocation, extension, and/or violation. 

    Eligibility

    Referrals will be reviewed case by case; however, the following eligibility criterion is required:

    • Must be 18 years of age or older.
    • Have been sentenced to a Misdemeanor DWI Offense, or (Alcohol Related) Domestic Violence Offence with either District, Magistrate, or Municipal Court.
    • Must pose no threat to the staff or community based on history of charges and/or behavior.
    • Must be ordered to supervised probation on the Judgment and Sentence.
    • Must get screened and assessed by a licensed counselor.
    • Client must be willing to participate and complete all required programs ordered by the court.

     

    Ineligibility

    Violent felonies will be considered on a case by case basis at the discretion of the Compliance Coordinator. Only those which have not been sentenced by the courts will be considered after a risk assessment has been completed by the client. The following are not eligible:

    • Any person under the age of 18 being charged of any crime.
    • Any crime that falls within Section 33-2-34 (L) (4) NMSA 1978 Violent Offenses
    • Those not covered, would be defendants accused of felonies where there was a use of, or threatened use of, force during the commission of the accused crime 

    Incentives & Sanctions

    All incentives and sanctions used by COMPLIANCE Program are designed to target a specific behavior and to reinforce stability, build self-confidence, self-esteem, encourage growth, eliminate substance abuse and dishonesty.  

    The following are suggested incentives and sanctions: 


    Incentives:

    • Risk and cooperation level reduced
    • Fewer Check-ins
    • Extended curfew
    • Reduced surveillance
    • Unsupervised probation

     

    Sanctions:

    • Community service
    • Increase in risk cooperation level
    • “Rainbow Status”
    • Detention (Per Judge)
    • Revocation of probation or supervision 

    Community Service Rules 

    • Participants will abide by rules, regarding smoking, of supervising agency while performing community service.
    • Participants must be on time to community service.  If a participant is late they will be counted a “no show.” 
    • Participants will sign in upon arrival and sign out when leaving.
    • Participants cannot use their cell phone when performing community service.
    • Participants must follow the rules of the agency where they are performing community service. 
    • Participants must act respectfully and follow all instructions.  If a participant does not follow instructions, is disrespectful or disruptive, they will be sent home and counted as a “no show.”
    • Participants are not to swear or speak offensively.
    • Participants are responsible for documenting community service hours; a community service form will be given to the participant, by DWI staff or the court,
    • Participants are not allowed to leave work site once they arrive. 
    • Participants must bring lunch to the site unless otherwise specified.
    • Participants must dress appropriately for the community service job they are assigned to, no gang related clothing or offensive clothing.
    • Failure to follow rules will result in a sanction.  

    Treatment

    Treatment may include:

    1. individual therapy
    2. group therapy
    3. support group meetings
    4. parenting
    5. domestic violence services and/or family therapy
    6. any other program ordered by judge

     

    Attendance to therapy sessions are MANDATORY. If you are more than 5 minutes late for a session, you will be considered a NO SHOW. Any treatment recommended by your treatment provider will be required. The program requires that participants engage in; 

    1. Parenting in R/C Levels Red & Black
    2. complete circle of security in R/C Levels Blue & Silver, when appropriate.

     

    The program requires that participants engage in domestic violence classes with Roberta’s Place, prior to engaging in couples counseling. Domestic Violence perpetrators and victims cannot be served together. Domestic violence referrals will be reassessed within 6 months to re-evaluate participants treatment plan. 

    If you are going to miss therapy of any type, the treatment provider and the Compliance Officer must be notified 24 hours ahead of time and agree to the cancellation. If you do not give sufficient notice or get permission from the Compliance/Probation Officer and the person you have the appointment with, it will be considered a no show. 

    If you will not be able to keep the appointment, you must call 24 hours in advance to re-schedule unless it is an emergency. Lack of transportation is not considered an emergency. You must plan and arrange for transportation. If you do not call ahead or you are late, you will be considered a no show. No shows will result in sanction. 

    If you miss a group session or an individual session you will be sanctioned and may also be held responsible for paying for that missed appointment. The cost value for these sessions are from $20.00-$150.00.       

    General Rules

    • NO drug or alcohol use. Client shall not possess, or be in the presence of anyone using or possessing alcohol, drugs and drug paraphernalia.
    • NO weapons.
    • Be ON TIME for appointments and court.
    • If a COMPLIANCE Officer visits your home and leaves a card, call the court probation officer ASAP.
    • FAILURE TO APPEAR for Compliance could result in termination from the program.
    • Report to your COMPLIANCE Officer as directed and comply with conditions set forth by COMPLIANCE Officer and or department.
    • Do not make threats toward other participants or staff in the Treatment Courts Program
    • The client/family must act respectfully to all staff and all peers during all sessions of the Compliance program. Aggressive or rude behavior will not be tolerated.
    • Do not behave in a violent manner. Violence (verbal or physical) of any type will not be tolerated.
    • Participants must notify COMPLIANCE of change of address and change of employment within 24 hours of making such changes.
    • Participants sentenced to probation will not associate with other probationers.

     

    Court Rules 

    • LISTEN when the Judge is speaking.  You will be given a chance to speak.
    • No FOOD, DRINK or GUM in the courtroom.
    • No hats, dew-rags, bandanas, etc. allowed in the court room.
    • Address the Judge as “Your Honor” and speak respectfully to the court.
    • Existing BODY PIERCING and TATTOOS must be reasonably covered.
    • No talking and No whispering while court is in session. 

     

    Dress Code 

    You will be expected to dress in a respectful and appropriate manner that the formal environment of the court requires. If you are not dressed respectfully for the court, and the compliance office, you may be found in contempt, sanctioned and/or fined. 

    Males

    Females

    Required

    Optional

    Required

    Optional

    *Pants, clean and free of holes/stains

    *Button shirt or Polo shirt with collar

    *Nice, Clean Shoes

    *Suit

    *Sport coats  

    *Tie

    *Dress Shoes

    *Full length dress, pants, skirt (not more than 3 in. above knee)

    *Blouse/nice shirt

    *Nice, clean shoes

    *Suits/ Blazers

    *Skirts or dresses at or below the knee

    *Dress Shoes

     

    The following clothes items are NOT allowed at court, counseling, office visits including UA’s, community service, service learning, and special projects, or other COMPLIANCE activities.  

    • Revealing clothing that may expose cleavage, underwear or boxers
    • Slippers and pajamas
    • Gang colors and gang related attire
    • Old English buckles
    • Shorts or skirts (3 or more inches above the knee)
    • See through shirts/blouses
    • Sleeveless shirts, for example: tank top, tube tops, halter tops, spaghetti straps
    • Clothing with words, terms, or pictures that may be offensive
    • No HATS or SUNGLASSES allowed indoors
    • Clothing bearing drug or alcohol related themes, or promoting or advertising alcohol or drug use or violence
    • Muddy/soiled shoes/boots
    • Flip flops, open toed shoes 

     

    Drug Testing 

    Positive, missed and/or dilute UA’s will incur a sanction. There are several instances that will be considered a positive drug test:

    • Flushing occurs when an individual ingests excessive amounts of fluids which can result in diluted urine sample also known as a “flush”. If a sample is diluted and yields a creatinine level of less than 20 mg/dl it will be considered a positive drug test subject to a sanction.
    • Substituting or altering a urine specimen or trying in any way to modify body fluids to change the drug testing results. This will be considered a positive drug test subject to sanction.
    • Failure to appear within the designated testing time or call before the designated testing time it will be considered a no show and therefore a positive drug test and subject to sanction. If you are unable to report for a mandatory drug test at the time specified, it is your responsibility to call before the time given for drug testing and arrange to take the drug test at a different time.
    •  A missed drug screen is a POSITIVE drug screen. 

    You must be prepared to provide a urine sample within the designated testing time, at any time in court, and/or during check-ins. If you fail to provide a sample, or a sufficient sample amount, it will be considered a positive drug test subject to a sanction.

    It is your responsibility to limit exposure to the following products and any other substances that contain ethyl alcohol (ethanol). Use of the following products will not be accepted as an excuse for a positive alcohol test.


    ü  Cold and cough syrups (like Nyquil)

    ü  Non-alcoholic beer or wine

    ü  Certain flavoring extracts

    ü  Mouthwash containing alcohol

    ü  Breath strips with alcohol

    ü  Hand sanitizers containing alcohol


    ü  Certain hygiene products (aftershaves, perfumes, colognes, hair sprays and mousse)


    • Refusal- If you refuse to test for any reason it will be considered a positive drug test and therefore subject to a sanction
    • Prescription & over-the-counter medication MUST be provided to your COMPLIANCE Officer.  prior to use. You should inform your physician that you are participating in a substance abuse program.
    • You need to notify your COMPLIANCE Officer. before taking any over the counter medications to ensure the medication will not cause a false positive on a drug test.
    • If you are sanctioned “Rainbow” status; this means that you are all colors listed in this handbook, regardless of what phase you are in. Should any color from the program be called you are required to report for drug and alcohol testing.         

     

    Travel Permits & Curfew Extensions 

    • Participants are not allowed to leave Cibola County without informing COMPLIANCE. Participants must obtain a travel permit from Courts prior to travel out of State.
    • There will be no exceptions made to be out after curfew, unless there is an emergency or a request is made and approved by the Adult Compliance. Participants must submit a written request to Compliance, for curfew extension requests, and must appear in person on the following business day.

     

    Educational & Employment Requirements 

    • Participants      that are not employed full time, and do not have their high school diploma      or GED must be enrolled in ABE/GED (GED program must be a state approved      program) or another academic program approved by COMPLIANCE. In order to      be eligible to be reduced in Risk/Cooperation (R/C) level.
    • ABE/GED      student must attend a minimum of 20 hours, which will be confirmed by the GED      Director.
    • If      the participant is not employed full time or attending school, he/she will      be required to complete community service. Community service hours will be      evaluated on a case by case basis by the COMPLIANCE team.
    • If      participants are employed full time, participants are required to submit      their work schedule every week to their COMPLIANCE officer. If the      participants work schedule does not change a letter from the employer will      be sufficient; the letter will need to reference work hours. If a work      schedule is not submitted in a timely manner the participant may be      subject to sanction.
    • Participants      are required to notify COMPLIANCE of all changes in their work schedule      immediately.
    • Participants      enrolled in GED/ABE will be required to complete the TABE test and      orientation at the original assigned R/C level. If the participant      completes 1 GED test, they may step down R/C level, 2 GED tests to step      down in another R/C level, and obtain their ABE/GED to step down to the      lowest R/C level.

     

    Successful Completion of Probation Requirements 

    Successful completion of Probation or Compliance can occur after:

    • Successful completion of all court requirements
    • Offender has remained substance free
    • Offender has paid all probation fees in full
    • Quick and timely completion or programs

     

    Revocation Criteria

    Revocation from the program will be determined by the COMPLIANCE Officer, and the Program Coordinator. It will be reviewed case by case.  Revocation will be based upon one or more of the following:

    • Continued use of substance
    • Failure to participate in treatment sessions
    • Unwillingness to be respectful and courteous to staff
    • Non-Compliance with the court requirements
    • Absconded for more than 14 days
    • Receiving new charges of violating criminal and/or traffic law
    • Failure to follow program contract, guidelines, and rules 

     

    COMPLIANCE R/C Levels:

    R/C Level 6 (Rainbow)

    • Must be clean for a minimum of 60 days before stepping down to lower R/C Level.
    • 2X Weekly in person appearances.
    • Curfew is 7:00 p.m.
    • Must comply with Probation and or Compliance Programs as assigned.

    UA’s:

    • A minimum of 2 weekly drug tests
    • Participants are required to call the “Color Line” at (505) 285-2588, every morning between 8:00 to 9:00 a.m., for the random drug and alcohol test information. 
    • Participants must report for a mandatory drug test if any color is called within 2 hours of the call.  

     

    R/C Level 5 (Red)

    • Must be clean for a minimum of 90 days before stepping down to lower R/C Level.  
    • 2X Weekly in person appearances.
    • Curfew is 8:00 p.m.
    • Must comply with Probation and or Compliance Program.

    UA’s:

    • A minimum of 2 weekly drug tests
    • Participants are required to call the “Color Line” at (505) 285-2588, every morning between 8:00 to 9:00 a.m., for the random drug and alcohol test information. 
    • Participants must report for a mandatory drug test if the color RED is called within 2 hours of the call. 

     

    R/C Level 4 (Black)

    • Must be clean for a minimum of 120 days before stepping down to lower R/C Level. 
    • 1X Weekly in person appearances.
    • Curfew is 9:00 p.m.
    • Must comply with Probation and or Compliance Program.

    UA’s:

    • A minimum of 1 weekly drug tests
    • Participants are required to call the “Color Line” at (505) 285-2588, every morning between 8:00 to 9:00 a.m., for the random drug and alcohol test information. 
    • Participants must report for a mandatory drug test if the color BLACK is called within 2 hours of the call. 

     

    R/C Level 3 (BLUE)

    • Must be clean for a minimum of 150 days before stepping down to lower R/C Level. 
    • 1X BI-Weekly in person appearances.
    • Curfew is 10:00 p.m.
    • Must comply with Probation and or Compliance Program.

    UA’s:

    • A minimum of 2 monthly drug tests
    • Participants are required to call the “Color Line” at (505) 285-2588, every morning between 8:00 to 9:00 a.m., for the random drug and alcohol test information. 
    • Participants must report for a mandatory drug test if the color BLUE is called within 2 hours of the call. 

     

    R/C Level 2 (SILVER)  

    • Must be clean for a minimum of 180 days before stepping down to lower R/C Level. 
    • 2X Monthly in person appearances.
    • Must comply with Probation and or Compliance Program.

    UA’s:

    • A minimum of 1 monthly drug test
    • Participants are required to call the “Color Line” at (505) 285-2588, every morning between 8:00 to 9:00 a.m., for the random drug and alcohol test information. 
    • Participants must report for a mandatory drug test if the color SILVER is called within 2 hours of the call. 

     

    R/C Level 1 (GREEN)  

    • Must be clean for a minimum of 180 days before stepping down to lower R/C Level. 
    • Monthly in person appearances.
    • Must comply with Probation and or Compliance Program.

    UA’s:

    • A minimum of 1 monthly drug test
    • Participants are required to call the “Color Line” at (505) 285-2588, every morning between 8:00 to 9:00 a.m., for the random drug and alcohol test information. 
    • Participants must report for a mandatory drug test if the color GREEN is called within 2 hours of the call.