STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

Idaho Treatment Court Rule 10. Orientation and Advance Notice to Participants

(a) Each Treatment Court shall develop and observe a written policy and procedure for conducting an orientation with each new participant, and when appropriate, the participant’s family.

(b) Each Treatment Court’s written policy and procedure for conducting an orientation shall include a requirement that the Treatment Court shall provide each participant with a participant handbook or agreement and any supplemental written documentation that provides notice of the following:

(1) Eligibility requirements for participation in that Treatment Court;

(2) That a person does not have a right to participate in any Treatment Court;

(3) That once accepted into a Treatment Court, a participant’s continued participation is voluntary, subject to any consequences provided in I.R.T.C. 17 (Termination) and I.R.T.C. 20 (Neutral Discharge);

(4) Any rights the participant must waive in order to participate in the Treatment Court;

(5) The financial obligations of the participant while in the Treatment Court;

(6) The estimated length of required participation in the Treatment Court;

(7) That the participant may be required to undergo assessments as directed by the Treatment Court, including but not limited to substance abuse or mental health evaluations;

(8) The services offered by the Treatment Court either directly, by contract, or by referral;

(9) The attendance requirements for court sessions, appointments with Treatment Court Team members, self-help peer groups, and any other required treatment sessions;

(10) That information related to the participant’s case and compliance, including information that might otherwise be confidential, will be discussed in open court;

(11) Information about the treatment providers used by the Treatment Court, including name, address, telephone number, and services provided;

(12) The participant’s rights and responsibilities related to drug and alcohol testing;

(13) The criteria for phase advancement and graduation from the Treatment Court;

(14) A non-exhaustive list of examples of behaviors that may elicit an incentive or sanction from the Treatment Court;

(15) The range of incentives for compliance and sanctions for non-compliance with Treatment Court requirements;

(16) The circumstances under which a therapeutic adjustment, as determined by the Treatment Court Team in consultation with a treatment provider, may be imposed;

(17) A non-exhaustive list of examples of criteria for termination from the Treatment Court;

(18) The potential legal consequences to the participant as a result of termination from the Treatment Court;

(19) The impact of successfully completing Treatment Court on the case(s) under which the participant was admitted into Treatment Court;

(20) Any additional specific rules or requirements of the Treatment Court; and

(21) That the participant shall acknowledge that the participant has been provided an opportunity to review the requirements of the Treatment Court and any related document requiring the participant’s signature with an attorney.

(c) A Treatment Court shall use a document indicating the participant has participated in the orientation. The document shall contain a signature line for the participant to indicate that the participant understands the information provided during the orientation, that the participant agrees to comply with all of the Treatment Court requirements, and acknowledges that the participant has been provided a copy of the signed document.

(Adopted April 29, 2022, effective July 1, 2022.)