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THE DRUG REHABILITATION COURT LAW, 2006 (LAW 26 OF 2006) THE DRUG REHABILITATION COURT RULES The Drug Rehabilitation Court Rules THE DRUG REHABILITATION COURT LAW, 2006 (LAW 26 OF 2006) THE DRUG REHABILITATION COURT RULES ARRANGEMENT OF RULES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Operations manual\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Sittings and Pre-Court meetings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Reports\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Attendance at Pre-Court meetings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Duty Counsel\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Admission to and compliance with a prescribed treatment programme\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Random drug testing\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Referral orders\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Confidentiality of records\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Court listings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Legal aid assignments\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Termination of prescribed treatment programme under section 18(1)(c)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Successful completion of prescribed treatment programme\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Conditional discharge upon successful completion of prescribed treatment programme\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Evaluation of prescribed treatment programme The Drug Rehabilitation Court Rules THE DRUG REHABILITATION COURT LAW, 2006 (LAW 26 OF 2006) THE DRUG REHABILITATION COURT RULES In exercise of the powers conferred by section 28 of the Drug Rehabilitation Court Law, 2006, the Chief Justice makes the following rules - 1. These rules may be cited as the Drug Rehabilitation Court Rules. Citation 2. In these rules - Definitions \u201cCo-ordinator\u201d means the Special Projects Co-ordinator of the Judicial Administration; \u201cDrug Rehabilitation Court Team\u201d or \u201cCourt Team\u201d means a team comprised as prescribed in rule 6(1)(b)(i) to (vii); \u201cForm\u201d means the respective form prescribed in the Schedule; Schedule \u201coperations manual\u201d means the manual prescribed in rule 3; \u201cProvisional Treatment Order\u201d means an order made by the magistrate or Judge of the Drug Court under rule 8(9); \u201cregistrar\u201d means the registrar of the Drug Court; and \u201csection\u201d means a section of the Drug Court Law, 2006. (Law 26 of 2006) 3. The operations manual entitled \u201cBoundaries that Restore \u2013 Drug Rehabilitation Court Operations Manual\u201d is hereby prescribed as the operations manual for the Drug Court for the purpose of giving practical guidance with respect to the operation of the Drug Court. Operations manual 4. (1) The Drug Court shall sit on Tuesdays and Thursdays and proceedings in the Drug Court shall commence at such times and on such days as the presiding magistrate or Judge may direct. Sittings and Pre-Court meetings (2) Proceedings in the Drug Court may be taken in open court or in camera as the presiding magistrate or Judge may direct but such proceedings shall usually be taken in the presence of the relevant drug offender, his approved treatment provider and any family members or supporters in attendance. The Drug Rehabilitation Court Rules (3) A Pre-Court meeting shall be held in relation to a drug offender with a view to the members of the relevant Court Team consulting with and advising the presiding magistrate or Judge on the compliance of the drug offender with his prescribed treatment programme. (4) A Pre-Court meeting shall commence at such times and on such days as the presiding magistrate or Judge may direct and shall be held in camera. 5. A report in Form 8 shall be provided to apprise the Drug Court of the compliance of a drug offender with his prescribed treatment programme at such intervals as the Drug Court may require after consultation with the relevant approved treatment provider. Reports Form 8 6. (1) A Pre-Court meeting relating to a drug offender shall be attended by - Attendance at Pre-Court meetings (a) the presiding magistrate or Judge; and (b) a Drug Rehabilitation Court Team comprised of - (i) a Duty Counsel; (ii) an attorney-at-law in the Attorney-General\u2019s chambers; (iii) an approved treatment provider; (iv) a Probation Officer; (v) a Social Worker; (vi) an Employment Relations Officer; and (vii) any other social, spiritual, educational, vocational or health services provider whose presence or advice may be deemed necessary by the presiding magistrate or Judge; and the drug offender may, with the permission of the presiding magistrate or Judge, attend the Pre-Court meeting. (2) The Co-ordinator and the registrar are entitled, by virtue of office, to be present during Pre-Court meetings and Drug Court proceedings. (3) A representative of the National Drug Council may attend Pre-Court meetings (and when held in camera, Drug Court proceedings) as an observer, at the invitation of the presiding magistrate or Judge. 7. (1) A drug offender who applies to be admitted into a prescribed treatment programme shall be assisted in so doing by Duty Counsel who shall represent the drug offender in the Pre-Court meetings and Drug Court proceedings. Duty Counsel (2) A drug offender who appears to be eligible for admission shall be advised by a constable, an attorney-at-law in the Attorney-General\u2019s chambers or the Drug Court, as the case may be, to apply for the assignment of Duty Counsel The Drug Rehabilitation Court Rules as soon as possible after being charged with a relevant offence or scheduled offence. 8. (1) A drug offender may be considered for admission into a prescribed treatment programme if he is referred to the Drug Court pursuant to section 4(3), 10 or 11. Admission to and compliance with a prescribed treatment programme (2) A drug offender seeking admission shall submit his application in Form 1 and Form 2 (where necessary, with the assistance of Duty Counsel) to the registrar at the Court House, George Town. Form 1 Form 2 (3) An applicant shall be willing and prepared to plead guilty to the offence with which he is charged and, upon acceptance for admission, the applicant shall, with the advice of Duty Counsel, execute a form of Consent and Waiver in Form 4. Form 4 (4) An attorney-at-law in the Attorney-General\u2019s chambers shall, by reference to the information given in the application (including, when applicable, the information given in Form 3), assess the eligibility of the applicant for admission into the prescribed treatment programme by giving consideration to - Form 3 (a) the nature of the offence charged; (b) the public interest in the final resolution of the charge in the ordinary way; (c) any concerns of public safety that may arise from the applicant not being remanded in custody while in a prescribed treatment programme; (d) the needs of the applicant; and (e) the Crown\u2019s view of the applicant\u2019s likelihood of success in the prescribed treatment programme. (5) If found eligible for admission, the applicant shall be referred to the Drug Court by endorsement to that effect on his application being sent to the registrar who shall immediately bring the referral to the attention of the approved treatment provider and the Drug Court. (6) The approved treatment provider shall assess the suitability of the applicant for admission pursuant to section 12 and shall record the assessment in Form 6 for presentation to the Drug Court. Form 6 (7) Where a referral is sent to a magistrate or Judge for the admission of an applicant into a prescribed treatment programme, the magistrate or Judge, as the case may be, shall - (a) ascertain whether the applicant is eligible and suitable; The Drug Rehabilitation Court Rules (b) explain to the applicant the reasons for his referral to the Drug Court and the consequences of the referral; (c) require the applicant to signify his consent to being so referred in Form 4 and to accept his obligation to comply with the rules of the prescribed treatment programme in Form 5; and Form 4 Form 5 (d) explain to the applicant that he will be further assessed by an approved treatment provider in order to determine his suitability for participation in a prescribed treatment programme. (8) The eligibility and assessment process (as between the Crown, the Department responsible for Community Rehabilitation and the Department responsible for Counselling Services) shall be conducted and the outcome notified to the Drug Court in a timely manner. (9) An applicant found suitable by a magistrate or Judge shall be admitted into the prescribed treatment programme on the basis of a Provisional Treatment Order made by the magistrate or Judge in Form 10, for provisional treatment over such period as the magistrate or Judge may consider appropriate. Form 10 (10) Where a drug offender completes his provisional treatment in accordance with a Provisional Treatment Order, the Drug Court shall, if it is appropriate - (a) make an order in Form 11, requiring the drug offender to undergo a prescribed treatment programme and for those purposes to comply with such conditions as the Drug Court may think fit to impose; and Form 11 (b) require the registrar to carry out a means test in relation to the drug offender, in order to determine the amount of financial contribution, if any, to be made by the drug offender towards the cost of the prescribed treatment programme. (11) In carrying out a means test pursuant to these Rules, the registrar shall take into account such factors as he may consider relevant including - (a) the nature of the offence committed by the drug offender; (b) the drug offender\u2019s income and expenditure; (c) the drug offender\u2019s property, if any; and (d) the ability and willingness of the drug offender\u2019s relatives, friends or employer to provide the funds for any contribution the drug offender may be required to make. (12) A prescribed treatment programme shall extend for such period as the Drug Court shall specify in its order, unless it is terminated earlier in accordance with the Law. The Drug Rehabilitation Court Rules (13) Before the commencement of the prescribed treatment programme, the drug offender shall undergo an orientation interview, in the form of a discussion of at least the following - (a) the goals and objectives for participation, including the process for attaining complete abstinence from the use of illicit drugs during the period of the prescribed treatment programme; (b) counselling and educational requirements; (c) attendance requirements; (d) drug testing requirements; (e) the payment of contributions, if any; (f) the place and times for participation; (g) possible reasons for the termination of the prescribed treatment programme; and (h) the specific rules and conditions which shall relate to the drug offender. 9. (1) A person admitted to a prescribed treatment programme (whether provisional or otherwise) may be required to undergo random drug testing at such times and places as the Drug Court may direct and for those purposes to give a biological specimen for testing. Random drug testing (2) Without prejudice to section 13(5), there shall be a random selection process which shall be the standard requirement for drug testing, subject to the discretion of the Drug Court to require a drug offender at any time to undergo drug testing as specified in the operations manual. (3) A standard procedure shall be adopted for the giving, collection, storage and delivery to the Forensic Laboratory, of specimens; and Court Marshalls shall be trained by laboratory personnel in the application of that procedure to ensure the integrity and true identity of specimens. 10. An order referring a drug offender back to a regular sitting pursuant to section 12(2) or 19(3) shall be in Form17. Referral orders Form 17 Confidentiality of records 11. All records obtained in respect of a drug offender\u2019s application to the Drug Court or his participation in a prescribed treatment programme shall be treated as confidential. 12. Listings for the Drug Court shall be published, and publication shall be by postings at www.caymanjudicial-legal.info.com.ky and by postings on the Notice Board at the Court House, George Town. Court listings The Drug Rehabilitation Court Rules 13. If successful in his application for admission, an applicant who does not have the means to pay for representation by Duty Counsel shall be assigned a Duty Counsel who shall be paid from the Legal Aid fund (including, where appropriate, retrospectively to cover advice or assistance given by Duty Counsel in relation to the application process). Legal aid assignments 14. (1) Where an approved treatment provider intends to report to the Drug Court that there is no useful purpose to be served by a drug offender\u2019s continued participation in a prescribed treatment programme, the approved treatment provider shall inform the drug offender by notice in Form 14 of that intention, and a copy of that notice shall be sent to the registrar for placing on the Drug Court file. Termination of prescribed treatment programme under section 18(1)(c) Form 14 (2) On receipt of a report referred to in paragraph (1), the Drug Court shall permit the drug offender to show cause as to why the prescribed treatment programme should not be terminated in accordance with the Law. 15. (1) A drug offender shall apply in writing to the Drug Court to complete each phase of his prescribed treatment programme and shall forward with his application, information in Form 15. Successful completion of prescribed treatment programme Form 15 (2) The Court Team shall review the application and any accompanying information, taking into consideration any advice given or recommendation made by an approved treatment provider, and shall in relation to the application make a recommendation which shall be considered at a Pre-Court meeting. (3) The drug offender shall be advised by the Drug Court whether permission has been granted for him to proceed to the next phase of treatment and shall be told in the open Drug Court room when he may so proceed. (4) Where a drug offender - (a) has completed and complied with all phases of the prescribed treatment programme, including attendance requirements; (b) has secured appropriate accommodation; and (c) (i) has secured employment; (ii) is admitted to a school; or (iii) is engaged in appropriate volunteer work, the relevant approved treatment provider may advise the Court Team that the drug offender has successfully completed the prescribed treatment programme; and upon receipt of such advice, the Court Team may advise the Drug Court that the drug offender has successfully completed the prescribed treatment programme. The Drug Rehabilitation Court Rules (5) The Drug Court shall discharge the drug offender if the drug offender has successfully completed the prescribed treatment programme, and that discharge may be either absolute or conditional as the Drug Court thinks fit. (6) A drug offender who has successfully completed a prescribed treatment programme shall be issued a certificate of completion. (7) A drug offender who is discharged conditionally shall not be issued a certificate of completion until he has fulfilled the conditions of his discharge, including such conditions of community service, suspended sentence or probationary order as may be imposed. Conditional discharge upon successful completion of prescribed treatment programme 16. (1) Pursuant to section 19(2), the Drug Court may impose conditions for the continued rehabilitation of a drug offender upon his successful completion of a prescribed treatment programme, and the conditions shall have effect for such period not exceeding twenty-four months as the Drug Court may specify. (2) The conditions may include the drug offender being required - (a) to submit to random drug testing or ongoing counselling; (b) to maintain stable employment; (c) to reside at a specified place of abode; (d) to enter into or remain in a mentoring programme approved by the Drug Court; (e) to enter into or remain in a probationary programme approved by the Drug Court; (f) to enter into or remain in a quasi-probationary programme approved by the Drug Court; (g) to give community service in keeping with a Community Service Order made under the Misuse of Drugs Law (2000 Revision) or the Penal Code (2007 Revision); or (2000 Revision) (2007 Revision) (h) with the active encouragement of the Drug Court and where the drug offender is so disposed and agrees, to attend for spiritual counselling with a pastor or priest and at a church of the drug offender\u2019s choice. Evaluation of prescribed treatment programme 17. The Co-ordinator, with the assistance of the registrar, shall develop and maintain a data base for the purpose, among other things, of allowing for statistical and empirical evaluation of the prescribed treatment programmes on an ongoing basis. The Drug Rehabilitation Court Rules SCHEDULE FORMS FORM 1 (Rule 8(2)) DRUG REHABILITATION COURT APPLICATION FORM This form should be completed by drug offenders who wish to apply for the Drug Rehabilitation Court programme. Eligibility for Drug Rehabilitation Court will be determined by Crown Counsel in accordance with the criteria attached to this form. PART I (TO BE COMPLETED BY OFFENDER\/DEFENCE COUNSEL) 1. Last Name: First: Mid. Init.: 2. Gender: Male Female 3. Immigration Status: Caymanian\/Status Perm. Resident Work Permit Visitor 4. Arrest Date: (DD\/MM\/YYYY) ____\/____\/_______ 5. Police Ref. No.: 6. Is there a co-accused? Yes No 6a. If yes, please give name: 7. Criminal record: Yes No 8. In custody? Yes No 9. Offence Type(s): The Drug Rehabilitation Court Rules 10. Number of Charges: 11. Outstanding Charges: Yes No If yes, specify 12. Warrant outstanding? Yes No If yes, specify 13. Under Probation Supervision? Yes No 14. Have you completed the If yes, specify Crown Questionnaire? Yes No (Must be completed before submitting application) I hereby apply to be considered for the Drug Rehabilitation Court Programme. Signature of Accused: Date: (DD\/MM\/YYYY)__\/____\/_______ Lawyer\u2019s Name & Phone No.: Next Court Appearance: (DD\/MM\/YYYY) ____\/____\/_______ PART II (TO BE COMPLETED BY CROWN COUNSEL) 1. Does the accused satisfy the eligibility criteria? Yes No If no, please give reason(s): seriousness of offence criminal record violent behaviour circumstances of offence previous breach(es) other, please specify The Drug Rehabilitation Court Rules 2. Approved for initial assessment? Yes No 3. Crown condition(s): none surety other Signature of Crown: Date: (DD\/MM\/YYYY) _\/____\/_______ PART III (INITIAL ASSESSMENT) Is the accused an acceptable candidate for DRC? Yes No If yes, is accused interested? Yes No If no, please give reason Additional comments: Treatment Intake Assessment Appt. Date: (DD\/MM\/YYYY) ___\/____\/_______ Authorised Signature: Date: (DD\/MM\/YYYY) _\/____\/_______ PART IV ( TO BE COMPLETED BY DEFENCE COUNSEL) Has the accused provided a signed waiver, acknowledging rights to counsel, accepting responsibility for offence and agreement to participate in the Drug Rehabilitation Court? Yes No Additional comments: Defence\/Duty Counsel Sig.: Date: (DD\/MM\/YYYY) ___\/____\/_______ The Drug Rehabilitation Court Rules DRUG REHABILITATION COURT ELIGIBILITY CRITERIA The eligibility criteria for the CIDRC Programme have been established to ensure that suitable candidates are identified for entry into the programme without compromising public safety. The eligibility criteria include the following: \u2022 Persons seventeen (17) years and older; \u2022 Persons charged with relevant offence; \u2022 Persons apparently dependent on the use of drugs; \u2022 Persons committing non-violent offences, where the drug dependence is the most significant contributing factor; \u2022 Persons who do not have a history of violence; \u2022 Persons dealing drugs primarily to support the offender\u2019s drug habit may be included (addict trafficker). Persons trafficking drugs for commercial gain are excluded; \u2022 Persons who do not suffer from severe developmental deficiencies, which would prevent or restrict them from active participation in the programme; \u2022 Persons who are not prevented or restricted from actively participating in the programme; and \u2022 Persons who have not involved a minor in committing the offence(s). The Drug Rehabilitation Court Rules FORM 2 (Rule 8(2)) DRUG REHABILITATION COURT CROWN QUESTIONNAIRE Please note that this form must be completed and included with Application Form 1 otherwise your application will be considered invalid and not processed. The information provided in this questionnaire will assist the Crown in the initial assessment. This information will not be used by the prosecution if you are not accepted into the CIDRC Programme. COMPLETE THIS FORM WITH THE ASSISTANCE OF LEGAL COUNSEL 1. Last Name: First: Mid. Init.: 2. Gender: Male Female D.O.B. 3. Charge(s): 4. What drug(s) is offender addicted to? 5. When was the last time the offender used addictive drug(s)? Ganja\/ Crack Ecstasy Marijuana Cocaine Other(s): 6. In the past, has the offender taken 7. What type of accommodations are any steps to stop using drugs? available to offender? Yes No If yes, please explain Permanent Temporary None If other, please explain The Drug Rehabilitation Court Rules 8. Does the offender have a 9. Has the offender any record of criminal record? any violence\/violent offences? Yes No Yes No Please state any time spent incarcerated If yes please, explain circumstances\u2026 10 (a) Please use this section to describe circumstances with respect to violent offences and\/or explain any other reason why you may not be eligible. 10 (b) Are there any exceptional circumstances which you would like considered? DRUG ABUSE SCREEN The following questions relate to your drug use, including alcohol, in the past 12 months. (Please circle one answer only.) Yes No 1. Did you use larger amounts of drugs or use them for a longer time 3. Did you spend a lot of time getting drugs, using them, or recovering 4. Did you get so high or sick from drugs that it - (a) kept you from doing work, going to school, or caring for The Drug Rehabilitation Court Rules children? (b) caused an accident or put you in danger? 5. Did you spend less time at work, school, or with friends so that you could use drugs? \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. 6. Did your drug use cause - (a) emotional or psychological problems? (b) problems with friends, family, work, or police? (c) physical health or medical problems? 7. Did you increase the amount of a drug you were taking so that 8. Did you ever keep taking a drug to avoid withdrawal 9. Did you get sick or have withdrawal when you quit or 10. Which drugs caused you the MOST serious problems? [SEE LIST BELOW] Cocaine\/ Ganja\/ Alcohol Other Crack Marijuana Some Problems More Serious Problems Most Serious Problems The Drug Rehabilitation Court Rules 11. How often did you use each type of drug during the last 12 months? DRUG USE IN LAST 12 MONTHS NEVER ONLY A FEW TIMES 1-3 TIMES A MONTH 1-5 TIMES A WEEK ABOUT EVERY DAY (a)Alcohol\u2026\u2026 (b)Ganja\u2026 (c)Crack\/Cocaine\u2026 (d)Methamphetamine\/Speed\/Ice (Uppers)\u2026 (e)Tranquilizers\/Barbiturates\/Sedatives (Downers) (f)Other (specify)\u2026\u2026\u2026\u2026\u2026\u2026\u2026 12. How serious do you think your drug problems are? Not at all Slightly Moderately Considerably Extremely 13. How many times before now have you been in a drug treatment program? [DO NOT INCLUDE AA\/NA\/CA MEETINGS] Never 1 Time 2 Times 3 Times 4 or more times 14. How important is it for you to get drug treatment now? Not at all Slightly Moderately Considerably Extremely The Drug Rehabilitation Court Rules False or misleading information in this questionnaire or during any stage of screening process may result in Applicant\u2019s expulsion from the program. I have completed this form with the assistance of my Counsel Yes No Offender\u2019s Signature Lawyer\u2019s Signature Date FORM 3 (Rule 8(4)) DRUG REHABILITATION COURT POLICE ASSESSMENT This form shall be completed in all cases where drug charge(s) are laid, and in all cases where criminal charges are laid where the arresting officer has reasonable cause to believe that the person is dependent on any illegal drug. The form is designed to communicate an assessment on the eligibility or ineligibility of an offender for the Programme for submission to the Legal Department. TO BE COMPLETED AT THE TIME OF THE ARREST AND DURING AN INTERVEIW 1. Name: (First) (Last) (Mid.) of Offender: 2a. D.O.B. (mm\/dd\/yy) __\/____\/____ 2b. Gender: male female 3. Do you believe the offender 4. Is the offender a commercial is dependent on any drug(s)? drug trafficker or simply an addict trafficker? Yes No Commercial Addict Trafficker Unknown If yes, what type of drug(s)? Type of drug(s)? The Drug Rehabilitation Court Rules 5. Is there a recent history of violence? 6. Does the offender have a reputation on the street? (past 12 months) Yes No Unknown Yes No Unknown If yes, please explain, If yes, please explain, 7. What is known of the offender\u2019s living conditions? (i.e. crack house, or dwelling where drugs are prevalent, living at home with parents, shared accommodations, no fixed address?) 8. Does offender have stable accommodations? Yes No Specify Eligible Offence (See attached for reference) Notes \/ Comments Officer\u2019s Recommendations In your opinion , is the offender appropriate for the Programme? Yes No If yes, please state reason(s) The Drug Rehabilitation Court Rules Please indicate any special bail conditions you think should be imposed if the offender is accepted into the Programme. Submitted By: Rank: (Please Print Full Name) Service No.: Unit\/Section\/District: (Where applicable) Signature: Date: (DD\/MM\/YYYY) ____\/____\/_______ Time: Supervisor: Rank: (Please Print Full Name) Service No.: Unit\/Section\/District: (Where applicable) Signature: Date: (DD\/MM\/YYYY) ____\/____\/_______ Time: FORM 4 Case No. Date: (Rule 8(3) and (7)(c)) DRUG REHABILITATION COURT CONSENT & WAIVER 1. I, ___________________________, understand that I am charged with the following criminal offence(s): (Please list charge(s) below) The Drug Rehabilitation Court Rules 2. I have been advised of the Drug Rehabilitation Court Programme as an alternative to the normal criminal justice system. 3. I understand that participation in the Programme is conditional upon successful completion of an application process, which involves disclosure of relevant information, pleading guilty to the above charges, and a clinical assessment. 4. Following submission of my application, the Court will delay my acceptance into the Programme for a period not exceeding thirty (30) days, while my suitability for the Programme is assessed. If my application is not approved then I will be entitled to have my guilty plea(s) set aside and all matters adjourned to the normal criminal justice system. 5. The Rules of the Programme have been fully explained to me by my Attorney and I am willing to participate in order to benefit from the Programme. 6. I understand that should I fail to complete the requirements of the Programme, my case will be returned to the normal criminal justice system for sentencing. 7. My Attorney has advised me of my rights and the legal implications associated with my choice to enter the Programme rather than continuing along the normal course of criminal proceedings. 8. I give my consent to the use and divulgence of any information I might give to any member of the Drug Rehabilitation Court Team for the purposes whether for my participation in the treatment programme or for the on-going training and supervision of treatment personnel. 9. I have read or had read to me this Waiver. My Attorney has fully explained and discussed all the above paragraphs with me. I understand them all and agree to enter the Programme. I have made this decision freely and voluntarily. Applicant\u2019s Signature Date: ___\/____\/_______ Attorney\u2019s Name& Phone No.: Attorney\u2019s Signature The Drug Rehabilitation Court Rules FORM 5 (Rule 8(7)(c)) DRUG REHABILITATION COURT RULES OF THE PROGRAMME After you enter your plea you will be expected to comply with the rules of the programme. Your compliance will be closely monitored by the court. Penalties\/sanctions for non-compliance and rewards\/incentives for compliance are an important feature of this programme, which has been designed to assist you with treatment for your drug addiction. Here are some expectations of the programme - (a) to keep court mandated treatment appointments with the treatment provider; (b) to appear in court as scheduled; (c) to remain drug free consistently while in the programme. Confirmation of your drug free status will be evidenced by repeated negative lab results; (d) to have a law abiding lifestyle and not be re-arrested or convicted; and (e) to comply with all the rules and expectations of the programme. Depending on the circumstances, here are some of the penalties\/sanctions you may face if you do not comply with the rules of the programme - (a) you may be admonished in open court in front of your peers; (b) you may be required to attend additional days or increase the frequency of visits for treatment with the treatment provider; (c) you may be required to make additional or more frequent in-court appearances; (d) the treatment period may be extended under the CIDRC programme; (e) bail conditions may be varied (be more stringent) or cancelled and you may be placed in custody for up to 14 days; and (f) you may be expelled from the CIDRC programme and returned to the normal criminal justice system for sentencing; however, if you comply with the programme you can expect to receive rewards\/incentives along the way and the possibility of receiving a non-custodial sentence upon successful completion of the CIDRC programme. The Drug Rehabilitation Court Rules I have read\/had read to me, I understand, and I have received a copy of the Rules of the Cayman Islands Drug Rehabilitation Court. Signature of Defendant\/Offender Date Defence Attorney\/Duty Counsel Date FORM 6 (Rule 8(6)) DRUG REHABILITATION COURT ASSESSMENT REPORT Client Name: Assessment Completed on: Client DOB: Assessment Written on: CMS# : To: Treatment History: Comments\/Treatment Goals are: Treatment goals will be achieved through: Client\u2019s Signature: Counsellor\u2019s Signature: (print Counsellor\u2019s name) The Drug Rehabilitation Court Rules FORM 8 (Rule 5) DRUG REHABILITATION COURT PROGRESS REPORT Client Name: Date: Client DOB: To: CMS# : Number of sessions attended since last report: individual group Progress of client in counselling\/treatment: Client\u2019s Signature: Counsellor\u2019s Signature: (print Counsellor\u2019s name) FORM 10 (Rule 8(9)) DRUG REHABILITATION COURT PROVISIONAL ORDER WHEREAS, in the Summary Court for the Island of Grand Cayman, Holden at George Town on the _______ day of ________________ 200____ ________________________________________________ (hereinafter called the Offender) was brought before the Court for the Offence(s) of: AND the Court is of the opinion that having regard to the circumstances and the acceptance of the offender into the CIDRC program it is expedient to place the Offender on a Provisional CIDRC Order: IT IS HEREBY ORDERED THAT the Offender be placed upon a Provisional CIDRC Order subject to the following conditions: The Drug Rehabilitation Court Rules (1) That the Offender shall comply with the rules of the CIDRC programme for its duration and during the same period lead a useful and honest life. (2) That the Offender shall reside at the home of _________________________________________________________for the period of the CIDRC Programme. (3) That a waiver has been signed by the Offender. (4) That during the period of the CIDRC Programme, the Offender shall be under the supervision of the Department responsible for Probation and Aftercare and shall observe the following conditions - (a) the Offender shall receive, at the place where he resides, visits from the Probation Officer at such times as the Probation Officer may think fit; (b) the Offender shall report at the office of the Probation Officer or at such other place as the CIDRC shall direct, at times fixed by the CIDRC; (c) the Offender shall answer truthfully all questions put to him by the CIDRC magistrate or Judge with regard to his conduct, associates, employment or residence; (d) the Offender shall report immediately to the CIDRC any change of his residence or place of employment; (e) the Offender shall attend the Department responsible for Counselling Services; (f) the Offender is hereby ordered to treatment as specified in the plan of the prescribed treatment programme; and (g) the Offender shall be subject to random drug testing. FURTHER CONDITIONS ATTACHED (IF ANY) On breach of any of the conditions of this Order or on the conviction of the Offender of any offence while this CIDRC Order is in force, the Offender may be brought before the CIDRC Court to be assessed. Dated at George Town in the Island of Grand Cayman on the day of 200 Judge\/Magistrate\/Registrar I have read and discussed the terms of my participation in the CIDRC Programme and I further understand the consequences if I break any of the rules of the Programme. Signature of Applicant The Drug Rehabilitation Court Rules DATE SPECIAL CONDITIONS \/ VARIATION OF CONDITIONS FORM 11 (Rule 8(10)(a)) DRUG REHABILITATION COURT PRESCRIBED TREATMENT PROGRAMME ORDER WHEREAS, in the Summary Court for the Island of Grand Cayman, Holden at George Town on the ________day of _________________200_______ _______________________________ (hereinafter called the Offender) was brought before the Court for the Offence(s) of: AND the Court is of the opinion that having regard to the circumstances and the acceptance of the Offender into the CIDRC programme it is expedient to place the Offender on a Prescribed Treatment Programme Order: IT IS HEREBY ORDERED THAT the Offender be placed upon a Prescribed Treatment Programme Order subject to the following conditions - (1) That the Offender shall comply with the rules of the CIDRC programme for its duration and during the same period shall lead a useful and honest life. (2) That the Offender shall reside at the home of ______________________________for the period of the CIDRC Programme. (3) That a waiver has been signed by the Offender. (4) That during the period of the CIDRC Programme, the Offender shall be under the supervision of the Department responsible for Probation and Aftercare and shall observe the following conditions - (a) the Offender shall receive at the place where he resides visits from the Probation Officer at such times as the Probation Officer may think fit; The Drug Rehabilitation Court Rules (b) the Offender shall report at the office of the Probation Officer or at such other place as the CIDRC shall direct, at times fixed by the CIDRC; (c) the Offender shall answer truthfully all questions put to him by the CIDRC magistrate or Judge with regard to his conduct, associates, employment or residence; (d) the Offender shall report immediately to the CIDRC any change of his residence or place of employment; (e) the Offender shall attend the Department responsible for Counselling Services; (f) the Offender is hereby ordered to treatment as specified in the plan of the prescribed treatment programme; and (g) the Offender shall be subject to random drug testing. FURTHER CONDITIONS ATTACHED (IF ANY) On breach of any of the conditions of this Order or on the conviction of the Offender of any offence while this CIDRC Order is in force, the Offender may be brought before the CIDRC to be assessed. Dated at George Town in the Island of Grand Cayman on the day of 200 . ____________________________________ Judge\/Magistrate\/Registrar I have read and discussed the terms of my participation in the CIDRC Programme and I further understand the consequences if I break any of the rules of the Programme. _____________________________________ Signature of Applicant DATE SPECIAL CONDITIONS \/ VARIATION OF CONDITIONS The Drug Rehabilitation Court Rules FORM 14 (Rule 14(1)) DRUG REHABILITATION COURT NOTICE OF NON-COMPLIANCE Client\u2019s Name: D.O.B. Reporting Agency: The CIDRC Team is hereby put on notice that the above DRC client is in breach of his\/her Prescribed Treatment Programme Order because of non-compliance, in particular: Please take notice that we intend to advise the Drug Rehabilitation Court Team that you should be discharged from the programme and returned to the normal criminal justice system in due course. Please contact your Defence Attorney to discuss your options accordingly. Prepared by Date Signature The Drug Rehabilitation Court Rules FORM 15 (Rule 15(1)) DRUG REHABILITATION COURT DRC COMPLETION OF PHASE (Please tick the appropriate box below) Treatment (Phase II) Maintenance \u2013 Phase (III) Transition \u2013 Phase (IV) Client\u2019s Name: D.O.B. Counsellor\u2019s Name: 1. Please explain why you feel you are ready to move on to the next phase of the Drug Rehabilitation Court (DRC) programme. 2. Please outline your accomplishments while you have been in the programme (such as programme goals you have met, other achievements in your life since you entered the programme, etc.) 3. Please describe the things that have been helping your recovery since starting the programme. 4a. When was the last time that you used any illegal drugs and what were they? 4b. When was the last time you used any other substances (alcohol or prescription drugs)? 5. If you are currently employed, please describe where you work, what your responsibilities are, and your hours of work. 6. If you are attending school, what is the program you are taking and when will it be completed? The Drug Rehabilitation Court Rules 7. Please describe any training programs you have been taking since your referral to the Drug Rehabilitation Court. 8. Have you been doing any volunteer work? If so, where and for how long? 9. Have you obtained stable housing? If so, how long have you lived there? 10. In which district are you living now? 11. What support (friends, family, community agencies, 12-step groups, etc.) do you have available to you to help you maintain your recovery and other changes you have made? 12. What are your goals following completion of this phase? 13. How do you intend to maintain your recovery? 14. Would you be interested in mentoring new clients? Signature of Applicant Date of Application: FORM 17 (Rule 10) DRUG REHABILITATION COURT REFERRAL ORDER WHEREAS, in the Summary Court for the Island of Grand Cayman, Holden at George Town on the _______ day of ________________ 200____ _________________________________________________ (hereinafter called the \u201cOffender\u201d) was brought before the Court for the Offence(s) of: The Drug Rehabilitation Court Rules AND the Court is of the opinion that, having regard to the circumstances as described by the approved treatment provider, the Offender is in breach of the conditions of the Prescribed Treatment Programme Order; AND the Offender has received a notice of non-compliance and had opportunity to make representations to the Court at an expulsion hearing: IT IS HEREBY ORDERED THAT the Offender be referred back to a regular session of the summary court for sentencing forthwith. FURTHER CONDITIONS ATTACHED (IF ANY) Judge\/Magistrate\/Registrar I have read and understood the reasons why I have been expelled from the Drug Rehabilitation Court Programme. Signature of Applicant DATE SPECIAL CONDITIONS \/ VARIATION OF CONDITIONS Made the 21st day of January, 2009. ANTHONY SMELLIE, Q.C. CHIEF JUSTICE\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2009_01_01\", \"date\": \"2009-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2009_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2009_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2009\/3\", \"FRBRdate\": [{\"date\": \"2009-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2009\/3\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2009-0003\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"3 of 2009\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"subordinate\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2009\/3\/eng@2009-01-01\", \"FRBRdate\": [{\"date\": \"2009-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2009\/3\/eng@2009-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2009\/3\/eng@2009-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2009\/3\/eng@2009-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Drug Rehabilitation Court Rules\", \"actNumber\": \"3 of 2009\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nSupplement No. 1 published with Gazette No. 3 dated\n2nd February, 2009.\n\nTHE DRUG REHABILITATION COURT LAW, 2006\n(LAW 26 OF 2006)\n\nTHE DRUG REHABILITATION COURT RULES\n\nThe Drug Rehabilitation Court Rules\nTHE DRUG REHABILITATION COURT LAW, 2006\n(LAW 26 OF 2006)\n\nTHE DRUG REHABILITATION COURT RULES\n\nARRANGEMENT OF RULES\n1.\nCitation\n2.\nDefinitions\n3.\nOperations manual\n4.\nSittings and Pre-Court meetings\n5.\nReports\n6.\nAttendance at Pre-Court meetings\n7.\nDuty Counsel\n8.\nAdmission to and compliance with a prescribed treatment programme\n9.\nRandom drug testing\n10. Referral orders\n11. Confidentiality of records\n12. Court listings\n13. Legal aid assignments\n14. Termination of prescribed treatment programme under section 18(1)(c)\n15. Successful completion of prescribed treatment programme\n16. Conditional discharge upon successful completion of prescribed treatment\n\nprogramme\n17. Evaluation of prescribed treatment programme\n\n2\n\nThe Drug Rehabilitation Court Rules\nTHE DRUG REHABILITATION COURT LAW, 2006\n(LAW 26 OF 2006)\n\nTHE DRUG REHABILITATION COURT RULES\nIn exercise of the powers conferred by section 28 of the Drug Rehabilitation\nCourt Law, 2006, the Chief Justice makes the following rules -\n1.\nThese rules may be cited as the Drug Rehabilitation Court Rules.\nCitation\n2.\nIn these rules -\nDefinitions\n\u201cCo-ordinator\u201d means the Special Projects Co-ordinator of the Judicial\nAdministration;\n\u201cDrug Rehabilitation Court Team\u201d or \u201cCourt Team\u201d means a team comprised as\nprescribed in rule 6(1)(b)(i) to (vii);\n\u201cForm\u201d means the respective form prescribed in the Schedule;\nSchedule\n\u201coperations manual\u201d means the manual prescribed in rule 3;\n\u201cProvisional Treatment Order\u201d means an order made by the magistrate or Judge\nof the Drug Court under rule 8(9);\n\u201cregistrar\u201d means the registrar of the Drug Court; and\n\u201csection\u201d means a section of the Drug Court Law, 2006.\n(Law 26 of 2006)\n3.\nThe operations manual entitled \u201cBoundaries that Restore \u2013 Drug\nRehabilitation Court Operations Manual\u201d is hereby prescribed as the operations\nmanual for the Drug Court for the purpose of giving practical guidance with\nrespect to the operation of the Drug Court.\nOperations manual\n4.\n(1) The Drug Court shall sit on Tuesdays and Thursdays and proceedings\nin the Drug Court shall commence at such times and on such days as the\npresiding magistrate or Judge may direct.\nSittings and Pre-Court\nmeetings\n(2) Proceedings in the Drug Court may be taken in open court or in\ncamera as the presiding magistrate or Judge may direct but such proceedings shall\nusually be taken in the presence of the relevant drug offender, his approved\ntreatment provider and any family members or supporters in attendance.\n\n3\n\nThe Drug Rehabilitation Court Rules\n(3) A Pre-Court meeting shall be held in relation to a drug offender with a\nview to the members of the relevant Court Team consulting with and advising the\npresiding magistrate or Judge on the compliance of the drug offender with his\nprescribed treatment programme.\n(4) A Pre-Court meeting shall commence at such times and on such days\nas the presiding magistrate or Judge may direct and shall be held in camera.\n5.\nA report in Form 8 shall be provided to apprise the Drug Court of the\ncompliance of a drug offender with his prescribed treatment programme at such\nintervals as the Drug Court may require after consultation with the relevant\napproved treatment provider.\nReports\nForm 8\n6.\n(1) A Pre-Court meeting relating to a drug offender shall be attended by -\nAttendance at Pre-Court\nmeetings\n(a) the presiding magistrate or Judge; and\n(b) a Drug Rehabilitation Court Team comprised of -\n(i)\na Duty Counsel;\n(ii) an attorney-at-law in the Attorney-General\u2019s chambers;\n(iii) an approved treatment provider;\n(iv) a Probation Officer;\n(v) a Social Worker;\n(vi) an Employment Relations Officer; and\n(vii) any other social, spiritual, educational, vocational or health\nservices provider whose presence or advice may be deemed\nnecessary by the presiding magistrate or Judge;\nand the drug offender may, with the permission of the presiding magistrate or\nJudge, attend the Pre-Court meeting.\n(2) The Co-ordinator and the registrar are entitled, by virtue of office, to\nbe present during Pre-Court meetings and Drug Court proceedings.\n(3) A representative of the National Drug Council may attend Pre-Court\nmeetings (and when held in camera, Drug Court proceedings) as an observer, at\nthe invitation of the presiding magistrate or Judge.\n7.\n(1) A drug offender who applies to be admitted into a prescribed treatment\nprogramme shall be assisted in so doing by Duty Counsel who shall represent the\ndrug offender in the Pre-Court meetings and Drug Court proceedings.\nDuty Counsel\n(2) A drug offender who appears to be eligible for admission shall be\nadvised by a constable, an attorney-at-law in the Attorney-General\u2019s chambers or\nthe Drug Court, as the case may be, to apply for the assignment of Duty Counsel\n\n4\n\nThe Drug Rehabilitation Court Rules\nas soon as possible after being charged with a relevant offence or scheduled\noffence.\n8.\n(1) A drug offender may be considered for admission into a prescribed\ntreatment programme if he is referred to the Drug Court pursuant to section 4(3),\n10 or 11.\nAdmission to and\ncompliance with a\nprescribed treatment\nprogramme\n(2) A drug offender seeking admission shall submit his application in\nForm 1 and Form 2 (where necessary, with the assistance of Duty Counsel) to the\nregistrar at the Court House, George Town.\n\nForm 1\nForm 2\n(3) An applicant shall be willing and prepared to plead guilty to the\noffence with which he is charged and, upon acceptance for admission, the\napplicant shall, with the advice of Duty Counsel, execute a form of Consent and\nWaiver in Form 4.\n\nForm 4\n(4) An attorney-at-law in the Attorney-General\u2019s chambers shall, by\nreference to the information given in the application (including, when applicable,\nthe information given in Form 3), assess the eligibility of the applicant for\nadmission into the prescribed treatment programme by giving consideration to -\n\nForm 3\n(a) the nature of the offence charged;\n(b) the public interest in the final resolution of the charge in the\nordinary way;\n(c) any concerns of public safety that may arise from the applicant\nnot being remanded in custody while in a prescribed treatment\nprogramme;\n(d) the needs of the applicant; and\n(e) the Crown\u2019s view of the applicant\u2019s likelihood of success in the\nprescribed treatment programme.\n(5) If found eligible for admission, the applicant shall be referred to the\nDrug Court by endorsement to that effect on his application being sent to the\nregistrar who shall immediately bring the referral to the attention of the approved\ntreatment provider and the Drug Court.\n(6) The approved treatment provider shall assess the suitability of the\napplicant for admission pursuant to section 12 and shall record the assessment in\nForm 6 for presentation to the Drug Court.\n\nForm 6\n(7) Where a referral is sent to a magistrate or Judge for the admission of\nan applicant into a prescribed treatment programme, the magistrate or Judge, as\nthe case may be, shall -\n(a) ascertain whether the applicant is eligible and suitable;\n\n5\n\nThe Drug Rehabilitation Court Rules\n(b) explain to the applicant the reasons for his referral to the Drug\nCourt and the consequences of the referral;\n(c) require the applicant to signify his consent to being so referred in\nForm 4 and to accept his obligation to comply with the rules of\nthe prescribed treatment programme in Form 5; and\n\nForm 4\n\nForm 5\n(d) explain to the applicant that he will be further assessed by an\napproved treatment provider in order to determine his suitability\nfor participation in a prescribed treatment programme.\n(8) The eligibility and assessment process (as between the Crown, the\nDepartment responsible for Community Rehabilitation and the Department\nresponsible for Counselling Services) shall be conducted and the outcome\nnotified to the Drug Court in a timely manner.\n(9) An applicant found suitable by a magistrate or Judge shall be admitted\ninto the prescribed treatment programme on the basis of a Provisional Treatment\nOrder made by the magistrate or Judge in Form 10, for provisional treatment over\nsuch period as the magistrate or Judge may consider appropriate.\n\nForm 10\n(10) Where a drug offender completes his provisional treatment in\naccordance with a Provisional Treatment Order, the Drug Court shall, if it is\nappropriate -\n(a) make an order in Form 11, requiring the drug offender to\nundergo a prescribed treatment programme and for those\npurposes to comply with such conditions as the Drug Court\nmay think fit to impose; and\nForm 11\n(b) require the registrar to carry out a means test in relation to\nthe drug offender, in order to determine the amount of\nfinancial contribution, if any, to be made by the drug\noffender towards the cost of the prescribed treatment\nprogramme.\n(11) In carrying out a means test pursuant to these Rules, the registrar shall\ntake into account such factors as he may consider relevant including -\n(a) the nature of the offence committed by the drug offender;\n(b) the drug offender\u2019s income and expenditure;\n(c) the drug offender\u2019s property, if any; and\n(d) the ability and willingness of the drug offender\u2019s relatives,\nfriends or employer to provide the funds for any\ncontribution the drug offender may be required to make.\n(12) A prescribed treatment programme shall extend for such period as the\nDrug Court shall specify in its order, unless it is terminated earlier in accordance\nwith the Law.\n\n6\n\nThe Drug Rehabilitation Court Rules\n(13) Before the commencement of the prescribed treatment programme, the\ndrug offender shall undergo an orientation interview, in the form of a discussion\nof at least the following -\n(a) the goals and objectives for participation, including the process\nfor attaining complete abstinence from the use of illicit drugs\nduring the period of the prescribed treatment programme;\n(b) counselling and educational requirements;\n(c) attendance requirements;\n(d) drug testing requirements;\n(e) the payment of contributions, if any;\n(f)\nthe place and times for participation;\n(g) possible reasons for the termination of the prescribed treatment\nprogramme; and\n(h) the specific rules and conditions which shall relate to the drug\noffender.\n9.\n(1) A person admitted to a prescribed treatment programme (whether\nprovisional or otherwise) may be required to undergo random drug testing at such\ntimes and places as the Drug Court may direct and for those purposes to give a\nbiological specimen for testing.\nRandom drug testing\n(2) Without prejudice to section 13(5), there shall be a random selection\nprocess which shall be the standard requirement for drug testing, subject to the\ndiscretion of the Drug Court to require a drug offender at any time to undergo\ndrug testing as specified in the operations manual.\n(3) A standard procedure shall be adopted for the giving, collection,\nstorage and delivery to the Forensic Laboratory, of specimens; and Court\nMarshalls shall be trained by laboratory personnel in the application of that\nprocedure to ensure the integrity and true identity of specimens.\n10. An order referring a drug offender back to a regular sitting pursuant to\nsection 12(2) or 19(3) shall be in Form17.\nReferral orders\nForm 17\nConfidentiality of\nrecords\n11. All records obtained in respect of a drug offender\u2019s application to the Drug\nCourt or his participation in a prescribed treatment programme shall be treated as\nconfidential.\n12. Listings for the Drug Court shall be published, and publication shall be by\npostings at www.caymanjudicial-legal.info.com.ky and by postings on the Notice\nBoard at the Court House, George Town.\nCourt listings\n\n7\n\nThe Drug Rehabilitation Court Rules\n13. If successful in his application for admission, an applicant who does not\nhave the means to pay for representation by Duty Counsel shall be assigned a\nDuty Counsel who shall be paid from the Legal Aid fund (including, where\nappropriate, retrospectively to cover advice or assistance given by Duty Counsel\nin relation to the application process).\nLegal aid assignments\n14. (1) Where an approved treatment provider intends to report to the Drug\nCourt that there is no useful purpose to be served by a drug offender\u2019s continued\nparticipation in a prescribed treatment programme, the approved treatment\nprovider shall inform the drug offender by notice in Form 14 of that intention,\nand a copy of that notice shall be sent to the registrar for placing on the Drug\nCourt file.\nTermination of\nprescribed treatment\nprogramme under\nsection 18(1)(c)\nForm 14\n(2) On receipt of a report referred to in paragraph (1), the Drug Court shall\npermit the drug offender to show cause as to why the prescribed treatment\nprogramme should not be terminated in accordance with the Law.\n15. (1) A drug offender shall apply in writing to the Drug Court to complete\neach phase of his prescribed treatment programme and shall forward with his\napplication, information in Form 15.\nSuccessful completion\nof prescribed treatment\nprogramme\nForm 15\n(2) The Court Team shall review the application and any accompanying\ninformation, taking into consideration any advice given or recommendation made\nby an approved treatment provider, and shall in relation to the application make a\nrecommendation which shall be considered at a Pre-Court meeting.\n(3) The drug offender shall be advised by the Drug Court whether\npermission has been granted for him to proceed to the next phase of treatment and\nshall be told in the open Drug Court room when he may so proceed.\n(4) Where a drug offender -\n(a) has completed and complied with all phases of the prescribed\ntreatment programme, including attendance requirements;\n(b) has secured appropriate accommodation; and\n(c) (i)\nhas secured employment;\n(ii) is admitted to a school; or\n(iii) is engaged in appropriate volunteer work,\nthe relevant approved treatment provider may advise the Court Team that the\ndrug offender has successfully completed the prescribed treatment programme;\nand upon receipt of such advice, the Court Team may advise the Drug Court that\nthe drug offender has successfully completed the prescribed treatment\nprogramme.\n\n8\n\nThe Drug Rehabilitation Court Rules\n(5) The Drug Court shall discharge the drug offender if the drug offender\nhas successfully completed the prescribed treatment programme, and that\ndischarge may be either absolute or conditional as the Drug Court thinks fit.\n(6) A drug offender who has successfully completed a prescribed\ntreatment programme shall be issued a certificate of completion.\n(7) A drug offender who is discharged conditionally shall not be issued a\ncertificate of completion until he has fulfilled the conditions of his discharge,\nincluding such conditions of community service, suspended sentence or\nprobationary order as may be imposed.\nConditional discharge\nupon successful\ncompletion of prescribed\ntreatment programme\n16. (1) Pursuant to section 19(2), the Drug Court may impose conditions for\nthe continued rehabilitation of a drug offender upon his successful completion of\na prescribed treatment programme, and the conditions shall have effect for such\nperiod not exceeding twenty-four months as the Drug Court may specify.\n(2) The conditions may include the drug offender being required -\n(a) to submit to random drug testing or ongoing counselling;\n(b) to maintain stable employment;\n(c) to reside at a specified place of abode;\n(d) to enter into or remain in a mentoring programme approved by\nthe Drug Court;\n(e) to enter into or remain in a probationary programme approved by\nthe Drug Court;\n(f)\nto enter into or remain in a quasi-probationary programme\napproved by the Drug Court;\n(g) to give community service in keeping with a Community Service\nOrder made under the Misuse of Drugs Law (2000 Revision) or\nthe Penal Code (2007 Revision); or\n\n(2000 Revision)\n(2007 Revision)\n(h) with the active encouragement of the Drug Court and where the\ndrug offender is so disposed and agrees, to attend for spiritual\ncounselling with a pastor or priest and at a church of the drug\noffender\u2019s choice.\nEvaluation of prescribed\ntreatment programme\n17. The Co-ordinator, with the assistance of the registrar, shall develop and\nmaintain a data base for the purpose, among other things, of allowing for\nstatistical and empirical evaluation of the prescribed treatment programmes on an\nongoing basis.\n\n9\n\nThe Drug Rehabilitation Court Rules\n\nSCHEDULE\n\nFORMS\n\nFORM 1\n(Rule 8(2))\n\nDRUG REHABILITATION COURT\nAPPLICATION FORM\n\nThis form should be completed by drug offenders who wish to apply for the Drug\nRehabilitation Court programme. Eligibility for Drug Rehabilitation Court will be\ndetermined by Crown Counsel in accordance with the criteria attached to this\nform.\nPART I (TO BE COMPLETED BY OFFENDER\/DEFENCE COUNSEL)\n\n1. Last Name:\n\nFirst:\n\n Mid. Init.:\n\n2. Gender: Male Female\n\n3. Immigration Status: Caymanian\/Status Perm. Resident Work\n\n Permit\n\nVisitor\n\n4. Arrest Date: (DD\/MM\/YYYY) ____\/____\/_______\n 5. Police Ref. No.:\n\n6. Is there a co-accused? Yes No 6a. If yes, please give name:\n\n7. Criminal record: Yes No\n 8. In custody? Yes No\n\n9. Offence Type(s):\n\n10\n\nThe Drug Rehabilitation Court Rules\n10. Number of Charges:\n\n11. Outstanding Charges: Yes No If yes, specify\n\n12. Warrant outstanding? Yes No If yes, specify\n\n13. Under Probation Supervision? Yes No 14. Have you completed the\nIf yes, specify\n\nCrown Questionnaire?\n\nYes No\n(Must be completed\n\nbefore submitting\n\napplication)\n\nI hereby apply to be considered for the Drug Rehabilitation Court Programme.\n\nSignature of Accused:\n\n Date:\n(DD\/MM\/YYYY)__\/____\/_______\n\nLawyer\u2019s Name & Phone No.:\n\nNext Court Appearance: (DD\/MM\/YYYY) ____\/____\/_______\n\nPART II (TO BE COMPLETED BY CROWN COUNSEL)\n\n1. Does the accused satisfy the eligibility criteria? Yes No\n\nIf no, please give reason(s): seriousness of offence criminal\n\nrecord\n\n violent behaviour circumstances of offence previous\n\nbreach(es)\n\n other, please specify\n\n11\n\nThe Drug Rehabilitation Court Rules\n\n2. Approved for initial assessment? Yes No\n\n3. Crown condition(s): none surety other\n\n Signature of Crown:\n\n Date: (DD\/MM\/YYYY)\n_\/____\/_______\n\nPART III (INITIAL ASSESSMENT)\n\nIs the accused an acceptable candidate for DRC? Yes No\n\nIf yes, is accused interested? Yes No\n\nIf no, please give reason\n\nAdditional comments:\n\nTreatment Intake Assessment Appt. Date: (DD\/MM\/YYYY) ___\/____\/_______\n\nAuthorised Signature:\n\n Date: (DD\/MM\/YYYY)\n_\/____\/_______\n\nPART IV ( TO BE COMPLETED BY DEFENCE COUNSEL)\n\nHas the accused provided a signed waiver, acknowledging rights to counsel,\naccepting responsibility for offence and agreement to participate in the Drug\nRehabilitation Court?\n\n Yes No\n\nAdditional comments:\n\nDefence\/Duty\nCounsel Sig.:\n\n Date:\n\n(DD\/MM\/YYYY) ___\/____\/_______\n\n12\n\nThe Drug Rehabilitation Court Rules\n\nDRUG REHABILITATION COURT\n\nELIGIBILITY CRITERIA\n\nThe eligibility criteria for the CIDRC Programme have been established to ensure\nthat suitable candidates are identified for entry into the programme without\ncompromising public safety. The eligibility criteria include the following:\n\u2022\nPersons seventeen (17) years and older;\n\u2022\nPersons charged with relevant offence;\n\u2022\nPersons apparently dependent on the use of drugs;\n\u2022\nPersons committing non-violent offences, where the drug dependence is\nthe most significant contributing factor;\n\u2022\nPersons who do not have a history of violence;\n\u2022\nPersons dealing drugs primarily to support the offender\u2019s drug habit\nmay be included (addict trafficker). Persons trafficking drugs for\ncommercial gain are excluded;\n\u2022\nPersons who do not suffer from severe developmental deficiencies,\nwhich would prevent or restrict them from active participation in the\nprogramme;\n\u2022\nPersons who are not prevented or restricted from actively participating\nin the programme; and\n\u2022\nPersons who have not involved a minor in committing the offence(s).\n\n13\n\nThe Drug Rehabilitation Court Rules\n\nFORM 2\n(Rule 8(2))\n\nDRUG REHABILITATION COURT\nCROWN QUESTIONNAIRE\n\nPlease note that this form must be completed and included with Application Form\n1 otherwise your application will be considered invalid and not processed. The\ninformation provided in this questionnaire will assist the Crown in the initial\nassessment. This information will not be used by the prosecution if you are not\naccepted into the CIDRC Programme.\nCOMPLETE THIS FORM WITH THE ASSISTANCE OF LEGAL\nCOUNSEL\n\n1. Last Name:\n\nFirst:\n\n Mid. Init.:\n\n2. Gender: Male Female\nD.O.B.\n\n3. Charge(s):\n\n4. What drug(s) is offender addicted to? 5. When was the last time the\n\noffender used addictive drug(s)?\nGanja\/ Crack\n Ecstasy\nMarijuana Cocaine\n\nOther(s):\n\n6. In the past, has the offender taken 7. What type of\n\naccommodations are\nany steps to stop using drugs?\n\navailable to offender?\n\n Yes No If yes, please explain\n\nPermanent Temporary\n\nNone\nIf other, please\nexplain\n\n14\n\nThe Drug Rehabilitation Court Rules\n8. Does the offender have a\n 9. Has the offender any record\nof\n\n criminal record?\n\n any violence\/violent offences?\n\nYes No\n\nYes No\n Please state any time spent incarcerated\n\nIf yes please, explain\n\ncircumstances\u2026\n\n10 (a) Please use this section to describe circumstances with respect to violent\noffences and\/or explain any other reason why you may not be eligible.\n\n10 (b) Are there any exceptional circumstances which you would like\nconsidered?\n\nDRUG ABUSE SCREEN\nThe following questions relate to your drug use, including alcohol, in the past 12\nmonths.\n\n(Please circle one answer only.)\nYes\nNo\n\n1. Did you use larger amounts of drugs or use them for a longer time\n than you had planned or intended?.......................................................\n\n2. Did you try to cut down on your drug use but were unable to do it?.........\n\n3. Did you spend a lot of time getting drugs, using them, or recovering\n from their use?..........................................................................................\n\n4. Did you get so high or sick from drugs that it -\n\n(a)\nkept you from doing work, going to school, or caring for\n\n15\n\nThe Drug Rehabilitation Court Rules\n\nchildren?\n(b)\ncaused an accident or put you in danger?\n\n5. Did you spend less time at work, school, or with friends so that\nyou could use drugs?\n\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\n\n6. Did your drug use cause -\n\n(a)\nemotional or psychological problems?\n(b)\nproblems with friends, family, work, or police?\n(c)\nphysical health or medical problems?\n\n7. Did you increase the amount of a drug you were taking so that\nyou could get the same effects as before?................................................\n\n8. Did you ever keep taking a drug to avoid withdrawal\nor keep from getting sick?.................................\n\n9. Did you get sick or have withdrawal when you quit or\nmissed taking a drug?................................................................................\n\n10. Which drugs caused you the MOST serious problems? [SEE LIST\nBELOW]\n\nCocaine\/\nGanja\/\n\nAlcohol\n\nOther\nCrack\nMarijuana\n\nSome Problems\n\nMore Serious\nProblems\n\n Most\nSerious Problems\n\n16\n\nThe Drug Rehabilitation Court Rules\n\n11. How often did you use each type of drug during the last 12 months?\n\nDRUG USE IN LAST 12\nMONTHS\n\nNEVER\nONLY\nA\nFEW\nTIMES\n1-3\nTIMES\nA\nMONTH\n1-5\nTIMES\nA\nWEEK\nABOUT\nEVERY\nDAY\n\n(a)Alcohol\u2026\u2026\n\n(b)Ganja\u2026\n\n(c)Crack\/Cocaine\u2026\n\n(d)Methamphetamine\/Speed\/Ice\n\n(Uppers)\u2026\n\n(e)Tranquilizers\/Barbiturates\/Sedatives\n\n(Downers)\n\n(f)Other (specify)\u2026\u2026\u2026\u2026\u2026\u2026\u2026\n\n12. How serious do you think your drug problems are?\n\nNot at all\nSlightly\nModerately\nConsiderably\n\nExtremely\n\n13. How many times before now have you been in a drug treatment\nprogram?\n[DO NOT INCLUDE AA\/NA\/CA MEETINGS]\n\nNever\n 1 Time\n\n2 Times 3 Times\n\n 4 or more\n\ntimes\n\n14. How important is it for you to get drug treatment now?\n\nNot at all\n Slightly\nModerately\nConsiderably\n\nExtremely\n\n17\n\nThe Drug Rehabilitation Court Rules\nFalse or misleading information in this questionnaire or during any stage of\nscreening process may result in Applicant\u2019s expulsion from the program.\n\nI have completed this form with the assistance of my Counsel\nYes\nNo\n\nOffender\u2019s Signature\n\nLawyer\u2019s Signature\n\nDate\n\nFORM 3\n(Rule 8(4))\n\nDRUG REHABILITATION COURT\nPOLICE ASSESSMENT\n\nThis form shall be completed in all cases where drug charge(s) are laid, and in all\ncases where criminal charges are laid where the arresting officer has reasonable\ncause to believe that the person is dependent on any illegal drug. The form is\ndesigned to communicate an assessment on the eligibility or ineligibility of an\noffender for the Programme for submission to the Legal Department.\n\nTO BE COMPLETED AT THE TIME OF THE ARREST AND DURING\nAN INTERVEIW\n\n1. Name: (First)\n\n (Last)\n (Mid.)\n of Offender:\n\n2a. D.O.B. (mm\/dd\/yy) __\/____\/____\n\n2b. Gender: male female\n\n3. Do you believe the offender\n\n4. Is the offender a commercial\n is dependent on any drug(s)?\n\ndrug trafficker or simply an\n\naddict trafficker?\n\nYes\nNo\n\nCommercial Addict Trafficker\n\nUnknown\n\n If yes, what type of drug(s)?\n\nType of drug(s)?\n\n18\n\nThe Drug Rehabilitation Court Rules\n\n5. Is there a recent history of violence?\n6. Does the offender have\na\n\nreputation on the street?\n (past 12 months)\n\nYes\n No\n Unknown\n Yes\n No\n\nUnknown\n\n If yes, please explain,\n\n If yes, please explain,\n\n7. What is known of the offender\u2019s living conditions? (i.e. crack house, or\ndwelling where drugs are prevalent, living at home with parents, shared\naccommodations, no fixed address?)\n\n8.\nDoes offender have stable accommodations?\n Yes\nNo\n\nSpecify Eligible Offence\n(See attached for reference)\nNotes \/ Comments\n\nOfficer\u2019s Recommendations\nIn your opinion , is the offender appropriate for the Programme? Yes No\nIf yes, please state reason(s)\n\n19\n\nThe Drug Rehabilitation Court Rules\n\nPlease indicate any special bail conditions you think should be imposed if the\noffender is accepted into the Programme.\n\nSubmitted By:\n\n Rank:\n(Please Print Full Name)\nService No.:\n\nUnit\/Section\/District:\n(Where applicable)\n\nSignature: Date: (DD\/MM\/YYYY)\n____\/____\/_______ Time:\n\nSupervisor:\n\n Rank:\n(Please Print Full Name)\nService No.:\n\nUnit\/Section\/District:\n(Where applicable)\n\nSignature: Date: (DD\/MM\/YYYY)\n____\/____\/_______ Time:\n\nFORM 4\nCase No.\n\nDate:\n(Rule 8(3) and (7)(c))\n\nDRUG REHABILITATION COURT\nCONSENT & WAIVER\n\n1. I, ___________________________, understand that I am charged with the\nfollowing criminal offence(s):\n\n(Please list charge(s) below)\n\n20\n\nThe Drug Rehabilitation Court Rules\n\n2. I have been advised of the Drug Rehabilitation Court Programme as an\nalternative to the normal criminal justice system.\n\n3. I understand that participation in the Programme is conditional upon\nsuccessful completion of an application process, which involves disclosure\nof relevant information, pleading guilty to the above charges, and a clinical\nassessment.\n\n4. Following submission of my application, the Court will delay my acceptance\ninto the Programme for a period not exceeding thirty (30) days, while my\nsuitability for the Programme is assessed. If my application is not approved\nthen I will be entitled to have my guilty plea(s) set aside and all matters\nadjourned to the normal criminal justice system.\n\n5. The Rules of the Programme have been fully explained to me by my\nAttorney and I am willing to participate in order to benefit from the\nProgramme.\n\n6. I understand that should I fail to complete the requirements of the\nProgramme, my case will be returned to the normal criminal justice system\nfor sentencing.\n\n7. My Attorney has advised me of my rights and the legal implications\nassociated with my choice to enter the Programme rather than continuing\nalong the normal course of criminal proceedings.\n\n8. I give my consent to the use and divulgence of any information I might give\nto any member of the Drug Rehabilitation Court Team for the purposes\nwhether for my participation in the treatment programme or for the on-going\ntraining and supervision of treatment personnel.\n\n9. I have read or had read to me this Waiver. My Attorney has fully explained\nand discussed all the above paragraphs with me. I understand them all and\nagree to enter the Programme. I have made this decision freely and\nvoluntarily.\n\nApplicant\u2019s Signature\n\n Date:\n\n___\/____\/_______\nAttorney\u2019s\nName& Phone No.:\nAttorney\u2019s Signature\n\n21\n\nThe Drug Rehabilitation Court Rules\n\nFORM 5\n(Rule 8(7)(c))\n\nDRUG REHABILITATION COURT\n\nRULES OF THE PROGRAMME\n\nAfter you enter your plea you will be expected to comply with the rules of the\nprogramme. Your compliance will be closely monitored by the court.\nPenalties\/sanctions for non-compliance and rewards\/incentives for compliance\nare an important feature of this programme, which has been designed to assist\nyou with treatment for your drug addiction.\n\nHere are some expectations of the programme -\n(a) to keep court mandated treatment appointments with the\ntreatment provider;\n(b) to appear in court as scheduled;\n(c) to remain drug free consistently while in the programme.\nConfirmation of your drug free status will be evidenced by\nrepeated negative lab results;\n(d) to have a law abiding lifestyle and not be re-arrested or\nconvicted; and\n(e) to comply with all the rules and expectations of the programme.\n\nDepending on the circumstances, here are some of the penalties\/sanctions you\nmay face if you do not comply with the rules of the programme -\n(a) you may be admonished in open court in front of your peers;\n(b) you may be required to attend additional days or increase the\nfrequency of visits for treatment with the treatment provider;\n(c) you may be required to make additional or more frequent in-court\nappearances;\n(d) the treatment period may be extended under the CIDRC\nprogramme;\n(e) bail conditions may be varied (be more stringent) or cancelled\nand you may be placed in custody for up to 14 days; and\n(f)\nyou may be expelled from the CIDRC programme and returned\nto the normal criminal justice system for sentencing;\nhowever, if you comply with the programme you can expect to receive\nrewards\/incentives along the way and the possibility of receiving a non-custodial\nsentence upon successful completion of the CIDRC programme.\n\n22\n\nThe Drug Rehabilitation Court Rules\nI have read\/had read to me, I understand, and I have received a copy of the\nRules of the Cayman Islands Drug Rehabilitation Court.\n\nSignature of Defendant\/Offender\n\n Date\n\nDefence Attorney\/Duty Counsel\n\nDate\n\nFORM 6\n(Rule 8(6))\nDRUG REHABILITATION COURT\nASSESSMENT REPORT\n\nClient Name:\n\nAssessment Completed on:\nClient DOB:\n\nAssessment Written on:\nCMS#\n:\n\nTo:\n\nTreatment History:\n\nComments\/Treatment Goals are:\n\nTreatment goals will be achieved through:\n\nClient\u2019s Signature:\n\nCounsellor\u2019s Signature:\n\n(print Counsellor\u2019s name)\n\n23\n\nThe Drug Rehabilitation Court Rules\n\nFORM 8\n(Rule 5)\nDRUG REHABILITATION COURT\nPROGRESS REPORT\n\nClient Name:\n\nDate:\nClient DOB:\n\nTo:\nCMS#\n:\n\nNumber of sessions attended since last report: individual group\n\nProgress of client in counselling\/treatment:\n\nClient\u2019s Signature:\n\nCounsellor\u2019s Signature:\n\n(print Counsellor\u2019s name)\n\nFORM 10\n(Rule 8(9))\n\nDRUG REHABILITATION COURT\nPROVISIONAL ORDER\n\nWHEREAS, in the Summary Court for the Island of Grand Cayman, Holden at\nGeorge Town on the _______ day of ________________ 200____\n________________________________________________ (hereinafter called\nthe Offender) was brought before the Court for the Offence(s) of:\n\nAND the Court is of the opinion that having regard to the circumstances and the\nacceptance of the offender into the CIDRC program it is expedient to place the\nOffender on a Provisional CIDRC Order:\n\nIT IS HEREBY ORDERED THAT the Offender be placed upon a Provisional\nCIDRC Order subject to the following conditions:\n\n24\n\nThe Drug Rehabilitation Court Rules\n(1) That the Offender shall comply with the rules of the CIDRC programme\nfor its duration and during the same period lead a useful and honest life.\n(2)\nThat\nthe\nOffender\nshall\nreside\nat\nthe\nhome\nof\n_________________________________________________________for\nthe period of the CIDRC Programme.\n(3)\nThat a waiver has been signed by the Offender.\n(4)\nThat during the period of the CIDRC Programme, the Offender shall\n\nbe under the supervision of the Department responsible for Probation\n\nand Aftercare and shall observe the following conditions -\n(a) the Offender shall receive, at the place where he resides, visits\nfrom the Probation Officer at such times as the Probation Officer\nmay think fit;\n(b) the Offender shall report at the office of the Probation Officer or\nat such other place as the CIDRC shall direct, at times fixed by\nthe CIDRC;\n(c) the Offender shall answer truthfully all questions put to him by\nthe CIDRC magistrate or Judge with regard to his conduct,\nassociates, employment or residence;\n(d) the Offender shall report immediately to the CIDRC any change\nof his residence or place of employment;\n(e) the Offender shall attend the Department responsible for\nCounselling Services;\n(f)\nthe Offender is hereby ordered to treatment as specified in the\nplan of the prescribed treatment programme; and\n(g) the Offender shall be subject to random drug testing.\nFURTHER CONDITIONS ATTACHED (IF ANY)\nOn breach of any of the conditions of this Order or on the conviction of the\nOffender of any offence while this CIDRC Order is in force, the Offender may be\nbrought before the CIDRC Court to be assessed.\n\nDated at George Town in the Island of Grand Cayman on the day of 200\n\nJudge\/Magistrate\/Registrar\n\nI have read and discussed the terms of my participation in the CIDRC\nProgramme and I further understand the consequences if I break any of the\nrules of the Programme.\n\nSignature of\nApplicant\n\n25\n\nThe Drug Rehabilitation Court Rules\n\nDATE\n\nSPECIAL CONDITIONS \/ VARIATION OF CONDITIONS\n\nFORM 11\n(Rule 8(10)(a))\n\nDRUG REHABILITATION COURT\nPRESCRIBED TREATMENT PROGRAMME ORDER\n\nWHEREAS, in the Summary Court for the Island of Grand Cayman, Holden at\nGeorge Town on the ________day of _________________200_______\n_______________________________ (hereinafter called the Offender) was\nbrought before the Court for the Offence(s) of:\n\nAND the Court is of the opinion that having regard to the circumstances and the\nacceptance of the Offender into the CIDRC programme it is expedient to place\nthe Offender on a Prescribed Treatment Programme Order:\n\nIT IS HEREBY ORDERED THAT the Offender be placed upon a Prescribed\nTreatment Programme Order subject to the following conditions -\n\n(1) That the Offender shall comply with the rules of the CIDRC\nprogramme for its duration and during the same period shall lead a\nuseful and honest life.\n(2) That\nthe\nOffender\nshall\nreside\nat\nthe\nhome\nof\n______________________________for the period of the CIDRC\nProgramme.\n(3) That a waiver has been signed by the Offender.\n(4) That during the period of the CIDRC Programme, the Offender\nshall be under the supervision of the Department responsible for\nProbation and Aftercare and shall observe the following conditions -\n(a) the Offender shall receive at the place where he resides\nvisits from the Probation Officer at such times as the\nProbation Officer may think fit;\n\n26\n\nThe Drug Rehabilitation Court Rules\n(b) the Offender shall report at the office of the Probation\nOfficer or at such other place as the CIDRC shall direct, at\ntimes fixed by the CIDRC;\n(c) the Offender shall answer truthfully all questions put to\nhim by the CIDRC magistrate or Judge with regard to his\nconduct, associates, employment or residence;\n(d) the Offender shall report immediately to the CIDRC any\nchange of his residence or place of employment;\n(e) the Offender shall attend the Department responsible for\nCounselling Services;\n(f) the Offender is hereby ordered to treatment as specified in\nthe plan of the prescribed treatment programme; and\n(g) the Offender shall be subject to random drug testing.\n\nFURTHER CONDITIONS ATTACHED (IF ANY)\n\nOn breach of any of the conditions of this Order or on the conviction of the\nOffender of any offence while this CIDRC Order is in force, the Offender may be\nbrought before the CIDRC to be assessed.\n\nDated at George Town in the Island of Grand Cayman on the day of\n200 .\n\n____________________________________\n\n Judge\/Magistrate\/Registrar\n\nI have read and discussed the terms of my participation in the CIDRC\nProgramme and I further understand the consequences if I break any of the\nrules of the Programme.\n\n_____________________________________\n\nSignature of Applicant\n\nDATE\n\nSPECIAL CONDITIONS \/ VARIATION OF CONDITIONS\n\n27\n\nThe Drug Rehabilitation Court Rules\n\nFORM 14\n(Rule 14(1))\nDRUG REHABILITATION COURT\nNOTICE OF NON-COMPLIANCE\n\nClient\u2019s Name:\n\nD.O.B.\n\nReporting Agency:\n\nThe CIDRC Team is hereby put on notice that the above DRC client is in breach\nof his\/her Prescribed Treatment Programme Order because of non-compliance,\nin particular:\n\nPlease take notice that we intend to advise the Drug Rehabilitation Court Team\nthat you should be discharged from the programme and returned to the normal\ncriminal justice system in due course. Please contact your Defence Attorney to\ndiscuss your options accordingly.\n\nPrepared by\n\n Date\n\nSignature\n\n28\n\nThe Drug Rehabilitation Court Rules\n\nFORM 15\n(Rule 15(1))\nDRUG REHABILITATION COURT\nDRC COMPLETION OF PHASE\n\n(Please tick the appropriate box below)\n\nTreatment (Phase II) Maintenance \u2013 Phase (III) Transition \u2013 Phase (IV)\n\nClient\u2019s Name:\n\nD.O.B.\n\nCounsellor\u2019s Name:\n\n1. Please explain why you feel you are ready to move on to the next phase of\nthe Drug Rehabilitation Court (DRC) programme.\n\n2. Please outline your accomplishments while you have been in the programme\n(such as programme goals you have met, other achievements in your life\nsince you entered the programme, etc.)\n\n3. Please describe the things that have been helping your recovery since starting\nthe programme.\n\n4a. When was the last time that you used any illegal drugs and what were they?\n\n4b. When was the last time you used any other substances (alcohol or\nprescription drugs)?\n\n5. If you are currently employed, please describe where you work, what your\nresponsibilities are, and your hours of work.\n\n6. If you are attending school, what is the program you are taking and when\nwill it be completed?\n\n29\n\nThe Drug Rehabilitation Court Rules\n\n7. Please describe any training programs you have been taking since your\nreferral to the Drug Rehabilitation Court.\n\n8. Have you been doing any volunteer work? If so, where and for how long?\n\n9. Have you obtained stable housing? If so, how long have you lived there?\n\n10. In which district are you living now?\n\n11. What support (friends, family, community agencies, 12-step groups, etc.) do\nyou have available to you to help you maintain your recovery and other\nchanges you have made?\n\n12. What are your goals following completion of this phase?\n\n13. How do you intend to maintain your recovery?\n\n14. Would you be interested in mentoring new clients?\n\nSignature of Applicant\n\nDate of Application:\n\nFORM 17\n(Rule 10)\nDRUG REHABILITATION COURT\nREFERRAL ORDER\n\nWHEREAS, in the Summary Court for the Island of Grand Cayman, Holden at\nGeorge Town on the _______ day of ________________ 200____\n_________________________________________________ (hereinafter called\nthe \u201cOffender\u201d) was brought before the Court for the Offence(s) of:\n\n30\n\nThe Drug Rehabilitation Court Rules\nAND the Court is of the opinion that, having regard to the circumstances as\ndescribed by the approved treatment provider, the Offender is in breach of the\nconditions of the Prescribed Treatment Programme Order;\n\nAND the Offender has received a notice of non-compliance and had opportunity\nto make representations to the Court at an expulsion hearing:\n\nIT IS HEREBY ORDERED THAT the Offender be referred back to a regular\nsession of the summary court for sentencing forthwith.\n\nFURTHER CONDITIONS ATTACHED (IF ANY)\n\n Judge\/Magistrate\/Registrar\n\nI have read and understood the reasons why I have been expelled from the Drug\nRehabilitation Court Programme.\n\nSignature of\nApplicant\n\nDATE\n\nSPECIAL CONDITIONS \/ VARIATION OF CONDITIONS\n\nMade the 21st day of January, 2009.\n\nANTHONY SMELLIE, Q.C.\n\nCHIEF JUSTICE\n\n31","akn_extracted_at":"2026-06-22 15:38:24.643607+00","cms_id":"2009-0003","law_type":"subordinate","year":"2009","number":"3","title":"Drug Rehabilitation Court Rules","status":"in_force"},"provenance":{"files":[{"file_id":"4872","expr_id":"69","kind":"akn_xml","filename":"2009-0003_SL 3 of 2009.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2009\/2009-0003\/2009-0003_SL 3 of 2009.akn.xml","content_md5":"673ec5ea602456751c29da327cec94a5","byte_size":"44489","http_last_modified":null,"fetched_at":"2026-06-22 15:38:24.845586+00"},{"file_id":"137","expr_id":"69","kind":"pristine_pdf","filename":"2009-0003_SL 3 of 2009.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2009\/2009-0003\/2009-0003_SL 3 of 2009.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2009\/2009-0003\/2009-0003_SL 3 of 2009.pdf","content_md5":"def6cc97b88ede7973a806f362c0a33a","byte_size":"188236","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.873004+00"},{"file_id":"138","expr_id":"69","kind":"working_pdf","filename":"2009-0003_SL 3 of 2009.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2009\/2009-0003\/2009-0003_SL 3 of 2009.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2009\/2009-0003\/2009-0003_SL 3 of 2009.pdf","content_md5":"def6cc97b88ede7973a806f362c0a33a","byte_size":"188236","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.873004+00"}],"paragraph_count":18,"latest_history":null},"quality":{"expr_id":"69","doc_id":"69","quality_state":"needs_review","quality_score":"64","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,paragraph_numbering_problem}","llm_categories":"{duplicate_text,truncated_text}","repair_actions":"{collapse_duplicate_text,rebuild_paragraphs,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"medium\": 2}","finding_summary":"Extraction contains duplicated title blocks and appears to truncate mid\u2011rule; review source pages around the break point.","assessed_at":"2026-06-22 15:29:45.610607+00","updated_at":"2026-06-22 15:29:45.610607+00"}}