UnSceneTomorrow's Dis ~n~ Dats & Tampa Blotter
What Is Important To Me. Life and Drug Addiction in Tampa. The Real Deal.
Tuesday, May 7, 2013
NEIGHBOR SNITCH ON NEIGHBOR HOTLINE IN FLORIDA
Bradshaw said his proposal is a first-of-its-kind in the nation, and he hopes it will become a model for the rest of the state like his gang prevention and pill-mill units.
Oh, my God. Heinrich Himmler would have loved to have lived long enough to see this happen in The United States. How’s this sound? “My ex-husband just called me on the phone. He was yelling at me because I got custody of the kids. He told me he hates me and he’s really angry and I’m really really afraid he’s going to do something terrible. Oh, and he’s got a gun in the house.”
The proposal still needs the blessing of Gov. Rick Scott, who has line-item veto authority.
Think 1 million dollars will be enough?
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Saturday, December 29, 2012
Petitioning The President of The United States: Please Sign
Petitioning The President of The United States
After 100 signatures,
This petition will be delivered to: The President of The United States
The President of The United States: Return the Rights to Marchman Act Petitioners and Stop Jailing Addicts The Human Rights are being violated every day through unrestrained power given to Drug Court Judges and Addicts are Jailed, Treated as Criminals and Humiliated for their disease even though they have not committed a crime.
Petition by Enid Afanador
Tampa, FL
Please sign the petition at
https://www.change.org/petitions/the-president-of-the-united-states-return-the-rights-to-marchman-act-petitioners-and-stop-jailing-addicts
Labels:
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Wednesday, November 14, 2012
IT'S ALL ABOUT THE MONEY: HOW SO? ONCE MARCHMAN ACTED, THE MONEY FLOWS
Hitler once said,
“How fortunate for the leaders that men do not think.”
An educated population knows its rights, understands the issues and takes action when it does not approve of what is going on.
After discussing this with someone, that person directed me to a verse in the bible which reads as follows, "The king's heart is in the hand of the LORD, as the rivers of water: he turns it wherever he will."
Proverbs 21:1
That helps also. Thank you.
Even better, I received a response from n attorney regarding a similar post I placed in Word Press, where I typed out this message informing others of the hidden agenda.
*You or whoever initiated the Marchman Act/the Petitioner, will not have a say anymore as to when your loved one may be released from the program. Termination will be at the discretion of the judge assigned to the case.
Your life will be in the hands of this man; not that I am throwing him under the bus, I am sure that this judge is as obtuse as he is because he has most likely experienced an event which has impacted him highly and probably left him with the tunnel vision he now is afflicted with.
*Response
Just so that you are aware: this information is not accurate at all.
Specifically, “you or whoever initiated the Marchman Act/the Petitioner) will not have a say anymore as to when your loved one may be released from the program. Termination will be at the discretion of the judge assigned to the case.”
The Petitioner (whomever initiated the Marchman Act) is the only individual who has legal standing to request or determine the actual outcome of the case; not the judge; not the Respondent; and, especially, not the facility.
This is the law office's web site... arlshelp.com
If anyone would like to contact this attorney, you may do so by e-mailing him at rgferrero@arlshelp.com
My 28 year old daughter, the Respondent whom I Marchman Acted October of 2011 and who, due to the help of the Marchman Act Order to receive involuntary treatment, successfully rehabilitated form her use of a dangerous addiction to a prescription pain medication but the Justice system slowly took over and I as the Petitioner, no longer had any control over the matter. I found it strange that I was never informed that this would occur on the day I went to court to initiate the Marchman Act Petition and though I appeared at drug court with her for her numerous hearings, after the initial one, I would have to ask if I could speak because the judge no longer asked me if I had anything to say.
My daughter's treatment included, through her own choice, the consumption of a different type of opiate which they at the treatment facility, informed her that it would keep her from going into withdrawal; that drug was a daily dosage of 35 milligrams of Methadone, a drug which has a lasting effect of 24-36 hours.
Now, due to this new drug I noticed a whole new set of unusual behavior and disturbing physical twitching, anger, grimaces and several hours of abnormal daytime sleep once she returned home after her 4 and a half hours at the treatment facility. I was so concerned that I addressed the matter 3 or 4 times to the judge's liaison team via E-mail and even to the judge during one of our hearings for Renewal which were scheduled for every 3 months. The judges response to me was that her treatment and weening was decided by the facility. The response from his team was that I should perhaps speak to the physician in charge or her counselor at the facility. Once I attempted to do so, the treatment facility told me that they could not discuss the matter with me, only their client. Regarding the Renewal. Why would the judge say that he was granting another 3 months renewal for treatment? Who requested a renewal? Not me, not my daughter.
My daughter was told by her counselors at DACCO, that she would have to return to ACTS in order to detoxify from the 35mgs of methadone they were giving her because they would not detoxify her at DACCO until she was finished with her program. Seems like a threat as far as I am concerned. After lengthy conversations and arguements about this matter, my daughter bolted to another state in order to detoxify from the methadone without having to go to ACTS here in Tampa. I knew she had left because her friends had called me to inform me and give me regular updates. Though I did not really know of her exact where abouts, I did know that it was very cold where she was, so I gave her friends boxes of a variety of winter clothing that my daughter owned for them to send her which after giving me the receipt, I paid for. She was successful in her monitored detoxification and then made arrangements to return home to Tampa. Turns out she went to Salt Lake City, Utah.
The Respondent, my daughter had not even been in Tampa 2 weeks when her friend, whom she was riding with, was pulled over by a sheriff and she was arrested on 2 active warrants; Battery (Culpable negligence with injury) and a civil warrant for Failure to Appear. To this day I do not know why the driver of the vehicle my daughter was in appeared suspicious to the sheriff because he was simply parked in front of the store which his mother worked at and was waiting for her to have lunch with them. The driver checked out but once my daughter was asked for identification, of course her warrant for, FAILURE TO APPEAR and the CULPABLE NEGLIGENCE came up and she was taken into custody immediately.
Already incarcerated at Faulkenburg Jail, she was transported to her court date for the CULPABLE NEGLIGENCE charge and was released on her own recognizes and later when facing the charge she plead, NO CONTEST. My daughter was given a sentence of 37 days which she has already served because Judge Espinosa, the drug court judge had already sentenced her to 5 months and 29 days for the FAILURE TO APPEAR WARRANT which he said he would suspended upon availability of a bed for her to unwillingly enter into a residential drug treatment facility (PAR) which she will have to pay for services rendered once she is out and working. Today, my daughter (THE RESPONDENT) is still wearing an orange jumpsuit, transported to and from jail to court chained, shackled and handcuffed in a dark (no lights on) bus which has the windows boarded and is subjected to a strip search each time she enters or leaves Faulkenburg Jail.
Images (click on them to enlarge)
When she enters the courtroom, I feel as though someone had inserted their fist through my body and into my solar plexus when I see her, disheveled, tired looking and taking baby steps due to the leg shackles attached to her waist by chains, leading up to the hand cuffs. So far she has been at Faulkenburg Jail for about 2 months; she is not a criminal but is treated as one. Neither my daughter, my parents, nor I feel that she needs Residential Drug Treatment and even less, to be placed in jail for her illness. The reason she had fled to Salt Lake City was because of the adverse effects of the methadone she was taking also because she was only being given one option for her detoxification of it and that was to be sent to the detox facility named, ACTS. May as well tell someone that either they continue taking drugs or they must go to the county asylum. Why would she have to go there instead of being weened off of it at DACCO?
Florida was second in the nation for heroin seizures in the USA. Heroin is readily available throughout the state, with the highest concentrations in the central and southern parts. Meth is also of serious concern in Central Florida.
Clandestine methamphetamine lab seizures have taken an explosive upturn. The labs in Florida tend to be small, quick cook labs, which produce an average of between 1 and 1/2 to 2 ounces of methamphetamine per batch. Ecstasy is the most readily available dangerous drug throughout the state. LSD remains available, however seizures are rare. GHB is also readily available in Florida, especially in and around colleges and universities.
Marijuana, both domestically grown and imported, is readily available throughout Florida. Marijuana from high-tech domestic indoor grow operations is available for those who can afford to purchase it. The Panhandle region continues to be a transit area for marijuana from Mexico.
Florida has the second highest rate of exclusive private rehab clinics in the country today.
*But* there are also a fantastic network of government assisted programs and programs which accept various insurance plans as a method of payment for the substance abuse treatment.
Florida is a proactive state when it comes to drug addiction and has developed a few ways for the family members of addicts to step in and insist that a loved one receive the help they need either by evoking the Marchman act or the Baker act. After the initial Marchman or Baker Act is petitioned by a family member or the likes, the courts seem to take full control of the reigns from then on.
The Marchman act is in place to temporarily admit a person who is in denial about his or her addiction but is clearly a threat to themselves or the public safety. Either concerned family members or health and safety personnel such as police officers, judicial representatives or emergency medical technicians can request that a person be detained for stabilization and assessment not to exceed 5 days. The Baker act is intended to assess a persons mental health and the individual may not be detained any longer than 72 hours, as in the baker act it is intended to give a person who is not thinking clearly the benefit of a short time out to handle a current crisis.
______________________________________________________________________________________________________
Here is an interesting arguement:
In the case of the Denver Drug Court, it is possible that drug courts continue to subscribe to the 'offender as bad' view that encourage punitive responses. Law and the courts construct powerful images of offenders that affect their status and passage through social institutions...Drug Courts are, after all, still courts and, thus, may be organiZationally incapable of dramatically redefining their relationship to drug users (200).
Goldcamp (2000) argues that the drug court model "incorporates a mixture of values with a decided shift toward treatment and restoration. The mixture [also] includes deterrent and desert values" (4). In spite of this encouraging shift from punishment to treatment and rehabilitation, Goldkamp argues that the drug court process has the potential to "compromise the neutrality of courts by permitting judges to participate as decision makers in a form of advocacy in social causes...and to adopt social work-like or activist roles, rather than the detached, objective judicial approach necessary for fair judgment: (3). With that said, he highlights an important component of drug courts that is problematic for two reasons. First, law school training does not prepare judges for this advocacy role nor does it provide them with specific guidelines necessary to take on this new found responsibility. Secondly, the judicial oath states
I,______, do solemly swear (or affirm) that I will administer justice without respect to persons, and do equal rights to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as (name of position) unser the Constitution and laws of the United States. So help me God.
Therefore, judges are required, by law, to ensure that justice is upheld in an objective and unwavering manner, and without consideration for the individual(s) involved in each individual case. Although drug court judges have asserted that "The goal of getting the drug court client well, however, now supersedes the goal oF consistency and impartiality, and even in some cases...stricT adherence to the statutory law" (Nolan, 2001:104).
Although not based on empirical research, Nolan (2001) outlines the specific 10 Key Components of drug courts (see Chapter One for detailed discussion) and contrasts them with the defining features of traditional courts and traditional punishment philosophy. He asserts that "drug court is a combination of taking responsibility and also recognizing that some things are beyond the control of the individual. Addiction to drugs is a health problem...We're not suppose to punish people for their disease" (142). Notwithstanding his advocacy of drug courts, Nolan (2001) quickly reminds us that while drug courts are in fact distinct from traditional courts in term of structure and process, participants "still face potential coercive, even punitive punishments" (194). In other words, while drug courts are noticeably different from traditional courts, elements of deterrence, incapacitation, and retribution are still prevalent within the process of drug courts. Participants are encouraged to remain abstinent through the use of rewards and sanctions and non-compliance with program regulations and/or continued relapses are dealt with using graduated sanctions (e.g., increased levels of supervision, community service, and jail time). participants, the process is not without elements of the traditional court model.
http://books.google.com/books?id=S7Jn1ekLcHIC&pg=PA27&lpg=PA27&dq=Section+2201+of+the+Omnibus+Crime+Control+and+Safe+Streets+Act,+42+U.S.C.+3796ii&source=bl&ots=pZz6vY9x3C&sig=_RttpnpO0ABG5uzKespU9XxfK4o&hl=en&sa=X&ei=-gu4UN6JKIrK9gSmrYHIBA&ved=0CG0Q6AEwCQ#v=onepage&q=Section%202201%20of%20the%20Omnibus%20Crime%20Control%20and%20Safe%20Streets%20Act%2C%2042%20U.S.C.%203796ii&f=false
and excerpts from, Wolves in Sheep Clothing can be found at
http://books.google.com/books?id=S7Jn1ekLcHIC&pg=PA27&lpg=PA27&dq=Section+2201+of+the+Omnibus+Crime+Control+and+Safe+Streets+Act,+42+U.S.C.+3796ii&source=bl&ots=pZz6vY9x3C&sig=_RttpnpO0ABG5uzKespU9XxfK4o&hl=en&sa=X&ei=-gu4UN6JKIrK9gSmrYHIBA&ved=0CG0Q6AEwCQ#v=onepage&q=Section%202201%20of%20the%20Omnibus%20Crime%20Control%20and%20Safe%20Streets%20Act%2C%2042%20U.S.C.%203796ii&f=false
It's All About the Money
I feel angry, that not one person but an entire family can be dictated to, sequestered and humiliated by one man, drug court judge Jack Espinosa Jr. and the Department of Corrections while, just as an example, Lindsay Lohan repeatedly gets away with everything from drugs, to assault. On Thursday November 29, 2012 at around 4 o'clock in the morning, she allegedly got into the spat with another woman at Club Avenue, in Manhattan's Chelsea section. Police say that Lindsay struck the woman in the face with her hand and that the woman did not require medical attention.
Of course, Lohan's publicist did not immediately return a call for comment.
The arrest is Lohan's latest brush with law enforcement in New York City.
She was involved in a NYPD investigation in September of 2012 after alleging a man had assaulted her in a New York hotel, but charges against the man were later dropped.
Also in September 2012, the actress was accused of clipping a man with her car outside another Manhattan nightclub, but prosecutors chose not to move ahead with charges.
In October 2012, police were called to her childhood home on Long Island after a report of a fight between her and her mother. An investigation revealed "no criminality."
Come on now. My daughter plead no contest to a misdemeanor charge of Culpable Negligence with Injury this year and the judge sentenced her to 37 days with Adjudication;she plead no contest in order to hurry up and get into rehab. Both my mother and I were the alleged victims and each signed waivers saying that we did not wish to pursue this.
The district attorney here in Hillsborough County still picked up the case and went after her while the judge, messed up her background by finding her guilty and imposing a 37 day sentence. My daughter is still sitting in jail after the 37 days were served and may still be sitting in jail even after serving the 5 month 29 day sentence Judge Jack Espinosa ordered because he added a stipulation at the end of the sentence which reads, Hold for PAR. Par is the rehab which the drug court judge expects my daughter to go to for residential rehabilitation and which she will be expected to pay for services rendered once she is out and working. The information I actually received when I spoke to an intake counselor was that PAR was not a free program. I thought only people who desired, sought, found and received the service rendered are obliged to pay for that service.
Why then is the court imposing a service to an individual who neither desires nor is in search of this service to be rendered? Why shouldn't the court be required to pay?
Definition of Service Rendered:
Completion of service requested by a client resulting in payment request.
Source: http://www.businessdictionary.com/definition/services-rendered.html#ixzz2Df7T7FbK
Lindsay Lohan in Court
Getting back to Lindsay;
The actress was also involved in a car accident in California this summer, which sent her and an assistant to a hospital, but didn't result in serious injuries for anyone. The accident remains under investigation.
In May, she was cleared of allegations that she struck a Hollywood nightclub manager with her car.
Lohan remains on informal probation for taking a necklace from a jewelry store without permission last year. That means she doesn't have to check in with a judge or probation officer but could face a jail term if arrested again.
What is informal probation? Does that mean probation meant for the wealthy and celebrity status, inclusive of the offspring of law enforcement, political and judiciary system's higher ups?
Back to Judge Espinosa
Why doesn't judge Jack Espinosa release people from the Marchman Act when the petitioner does not want to pursue treatment for the respondent any longer? Why does the drug court insist on sending people to rehabs against their wills knowing that there is a charge for service provided which they cannot pay for?
I believe that drug court judge, Jack Espinosa Jr. is now culpable of Inappropriate Treatment Planning and referral because:
I, the petitioner do not believe that the Respondent, (my daughter) should go into a rehabilitation facility now, at this late date of over 1 year since she had been Marchman Acted.
Neither the Petitioner nor the Respondent want this service at all.
I, the petitioner believes that the respondent, (my daughter) has had over a year clean time from Oxycontin.
I, the petitioner believe that she, the respondent has successfully detoxified herself of the methadone she was given at DACCO, the rehabilitation facility during her 3 months in Salt Lake City, Utah.
I believe that the Marchman Act being stretched out with jail time as punishment has served to cause damage or adversity to the respondent.
Could it be possible that the long period of time imposed on the addict may be due to the drug court wanting to continue receiving federal grants?
Getting Byrned by Justice: Favoritism in the Department of Justice Byrne Discretionary Grant Program
In awarding federal grants, it is standard practice for a federal agency to require that a competitive grant proposal go through a peer review process in order to evaluate the merit of the application. POGO has found that multiple FY2007 Byrne Discretionary Grants appear to have been awarded outside of the peer review process, and believes there are even questions of patronage and conflicts of interest by DOJ appointees. Documents obtained by POGO indicate that DOJ awarded 13 grants without evaluating them through the peer review process, and at least two of those grants appear to involve conflicts of interest between the grantee and DOJ appointees in the offices awarding those grants.
At Least 13 Grant Applicants Were Given Special Treatment in FY2007
According to OJP documents, there were 1,496 applicants for FY2007 Byrne Discretionary Grants. Of those, 95 of them were immediately eliminated from consideration because they failed to meet RFP technicalities such as font and margin size or page limit, and so were not considered for peer review. (Appendices A, D, F)
Yet, POGO’s analysis reveals that 13 of the Byrne Discretionary Grant recipients appear to have received special treatment: they did not go through the peer review process at all, but were awarded grants anyway. (Appendices E, H)
Read the 10 Key Components which define Drug Courts (especially #10)
https://docs.google.com/viewer?a=v&q=cache:E_Z530XZLYwJ:www.ncjrs.gov/pdffiles1/bja/205621.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESjeJMqDa9BOrj41KKwVef7eeY0DmfuSiYsCnFNixmGIwcTaD5P-FWIbT9xITriZS7QORXRqiGoadgjVTyeI8bEhwf2Gx0ColM1AZJv05EXyKiAA8e4V_tXcbXmBPLEfutgXJSiL&sig=AHIEtbTT4C1qC1-HcBqq2Wd5jK0v-qbT8Q
Drug courts that receive federal funding through the U.S. Department of Justice, Drug Courts Program Office, are prohibited from admitting violent offenders.
(Section 2201 of the Omnibus Crime Control and Safe Streets Act, 42 U.S.C. 3796ii).
Violent offenses include those in which an act of violence has allegedly been committed against another person. These include offenses such as assault, battery, culpable negligence, felony battery and assault or battery on a law enforcement officer, and aggravated assault or battery. Source
Generally speaking, if the victim has been actually touched by the person committing the crime, then a battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be an assault.
It Has To Be All About the Money
1994 US Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 45 - FAIR HOUSING
SUBCHAPTER XII-J - DRUG COURTS
Sec. 3796ii - Grant authority
The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for programs that involve—
(1) continuing judicial supervision over offenders with substance abuse problems who are not violent offenders; and
(2) the integrated administration of other sanctions and services, which shall include—
(A) mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant;
(B) substance abuse treatment for each participant;
(C) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and
(D) programmatic, offender management, and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services.
(Pub. L. 90–351, title I, §2201, as added Pub. L. 103–322, title V, §50001(a)(3), Sept. 13, 1994, 108 Stat. 1956.)
Prior Provisions
A prior section 2201 of Pub. L. 90–351 was renumbered section 2501 and is classified to section 3797 of this title.
Study by General Accounting Office
Section 50002 of Pub. L. 103–322 provided that:
“(a) In General.—The Comptroller General of the United States shall study and assess the effectiveness and impact of grants authorized by part V of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [42 U.S.C. 3796ii et seq.] as added by section 50001(a) and report to Congress the results of the study on or before January 1, 1997.
“(b) Documents and Information.—The Attorney General and grant recipients shall provide the Comptroller General with all relevant documents and information that the Comptroller General deems necessary to conduct the study under subsection (a), including the identities and criminal records of program participants.
“(c) Criteria.—In assessing the effectiveness of the grants made under programs authorized by part V [of title I] of the Omnibus Crime Control and Safe Streets Act of 1968, the Comptroller General shall consider, among other things—
“(1) recidivism rates of program participants;
“(2) completion rates among program participants;
“(3) drug use by program participants; and
“(4) the costs of the program to the criminal justice system.”
Here's Another Grant
Drug Court Discretionary Grant Program
Drug Court Program DCP
Number: 16.585
Agency: Department of Justice
Office: Bureau of
Justice Assistance
View More About This Drug Court Grant at
https://www.cfda.gov/?s=program&mode=form&tab=step1&id=752941c273db908d4a3f59b8f6e112fe
and
http://law.justia.com/codes/us/1994/title42/chap45/subchapxii-j/sec3796ii/
Bryne Grant Awards
13 Grants Not Peer Reviewed
| ||||
Organization Title
|
Award Amount
|
Byrne Award Category
|
Project Description
|
Decision Memo Notes
|
| Fraternal Order of Police of Ohio |
$603,000
|
Category II: Preventing Crime and Drug Abuse
| Ohio School Alert System | Not Listed on Decision Memo |
| Ohio Office of Criminal Justice Services |
$296,168
|
Category III: Enhancing Local Law Enforcement
| City of Columbus' Anti-Gang Initiative | Not Listed on Decision Memo |
| Simon Wiesenthal Center, Inc |
$2,000,000
|
Category II: Preventing Crime and Drug Abuse
| Tools for Tolerance | “AAG Approved National Program” |
| National Forensic Science Technology Center |
$1,000,000
|
Category III: Enhancing Local Law Enforcement
| Enhancing Local Law Enforcement | “Previous Congressional Earmark” |
| University of Mississippi |
$999,874
|
Category IV: Enhancing Local Courts
| National Center for Justice and the Rule of Law | “AAG Approved National Program” |
Partnership for a Drug-Free America | $2,500,000 | Category IV: Enhancing Local Courts | Methamphetmine Demand Reduction Program | “AAG Approved National Program” |
| Alaska Native Justice Center Inc |
$1,100,000
|
Category V: Enhancing Local Corrections and Offender Reentry
| ANJC: Yagheli Ten | “AAG Approved National Program” |
| Alabama Center for Law & Civic Education |
$1,200,000
|
Category II: Preventing Crime and Drug Abuse
| ACLCE Play by the Rules National Project | “AAG Approved National Program” |
| University of Tennessee, Knoxville |
$2,446,519
|
Category III: Enhancing Local Law Enforcement
| The National Forensic Academy | “Previous Congressional Earmark” |
| Mothers Against Drunk Driving |
$2,498,419
|
Category II: Preventing Crime and Drug Abuse
| MADD Victim Services, Prevention, and Awareness | “Previous Congressional Earmark” |
| Utah Council for Crime Prevention |
$100,000
|
Category II: Preventing Crime and Drug Abuse
| Expansion of McGruff House and McGruff Truck programs | “Previous Congressional Earmark” |
| College of William and Mary |
$499,204
|
Category IV: Enhancing Local Courts
| The Center for Legal and Court Technology | “Previous Congressional Earmark” |
| National Association for Court Management |
$250,000
|
Category IV: Enhancing Local Courts
| NACM Excellence IV | “Previous Congressional Earmark” |
See
http://www.pogo.org/pogo-files/reports/government-corruption/getting-byrned-by-justice/gc-coi-20080619.html#At_Least_13_Grant_Applicants_Were_Given_
Much more regarding government corruption.
II. DRUG COURT PRACTICE AND PROCEDURE
In 1989, the Florida Eleventh Judicial Circuit created the first drug court by administrative order of the Hon. Gerald Weatherington, the then-Chief Justice.33
The Miami program was set up as a diversion program, “combining treatment, including traditional treatment methods such as counseling, fellowship meetings, education, and rather non-traditional (at least then) methods like acupuncture and vocational services, with intense judicial review, including frequent reviews of urinalysis results.”34
The exponential growth in the numbers of drug courts is nothing short of astounding.35
From the first, in Dade County, there were more than eight hundred drug courts started or in the planning and implementation stages by 2000.36
All fifty states, as well as the District of Columbia, Guam, and Puerto Rico have founded drug courts.37
By now, drug courts have had a significant impact upon the lives of thousands of drug offenders. The courts’ therapeutic problem-solving orientation is becoming commonplace in other areas of the legal system.38
Initially, however, the drug court movement developed without federal regulation or funding of the various courts.39
It developed as an ad hoc movement of like-minded judges and practitioners, loosely affiliated by 1993 into the National Association of Drug Court Professionals (NADCP).40
This section provides a general description of the central features shared by most drug courts. Three features are of particular importance when assessing the drug courts’ mission. The first is the particularly close therapeutic relationship between the drug court judge and the offender. The second is the drug courts’ role in matching offender to different types and levels of treatment, and the last is in the relatively unconstrained power of the judge to reward or sanction the drug addict.
A. The Central Elements of Drug Court Practice
A lack of uniform characteristics shared by all the courts complicates comprehensive analysis of drug court practice and procedure. In practice, there is no ideal or standard drug court; there are, rather, an immense number of local variations on the basic model.41
Drug courts channel offenders into treatment at a variety of different stages of the criminal justice process. There are, however, two general channeling policies: deferred prosecution and post-adjudication diversion. Deferred prosecution drug courts require that the defendant waive his right to a speedy trial and enter treatment as soon after being charged as possible.42
Under the post-adjudication model, the defendant is, in fact, convicted, either after trial or after a plea bargain. In that event, an incarcerating sentence is deferred pending completion of a drug treatment program.43
Currently, thirty percent of drug courts divert offenders at the pretrial stage and before a plea agreement (“pretrial” and “preplea”); sixteen percent are pretrial and post-plea; twelve percent are post-conviction sentencing institutions; and the rest, forty-two percent, are some combination of the above.44
Federal funding and general procedural standards ensure some degree of uniformity.45
These standards, promulgated initially by the NADCP, include a
Id.
40 NOLAN, supra note 3, at 39 (“By 1998 more than 2,500 drug court professionals attended the fourth annual conference of the NADCP, and in 1999 attendance . . . exceeded three thousand.”).
41 For some theorists, this experimentalist orientation is the main attraction of drug courts. See Dorf & Sabel, supra note 31, at 841.
42 Murphy, supra note 4, at 476.
43 Id. at 476.
44 NOLAN, supra note 3, at 41.
45 See DRUG COURT STANDARDS COMM., THE NAT’L ASS’N OF DRUG COURTS PROF’LS, DEFINING DRUG COURTS
Unconstrained power of the judge to reward or sanction the drug addict.
After discussing this with someone, that person directed me to a verse in the bible which reads as follows, "The king's heart is in the hand of the LORD, as the rivers of water: he turns it wherever he will."
Proverbs 21:1
That helps also. Thank you.
Even better, I received a response from n attorney regarding a similar post I placed in Word Press, where I typed out this message informing others of the hidden agenda.
*You or whoever initiated the Marchman Act/the Petitioner, will not have a say anymore as to when your loved one may be released from the program. Termination will be at the discretion of the judge assigned to the case.
Your life will be in the hands of this man; not that I am throwing him under the bus, I am sure that this judge is as obtuse as he is because he has most likely experienced an event which has impacted him highly and probably left him with the tunnel vision he now is afflicted with.
*Response
Just so that you are aware: this information is not accurate at all.
Specifically, “you or whoever initiated the Marchman Act/the Petitioner) will not have a say anymore as to when your loved one may be released from the program. Termination will be at the discretion of the judge assigned to the case.”
The Petitioner (whomever initiated the Marchman Act) is the only individual who has legal standing to request or determine the actual outcome of the case; not the judge; not the Respondent; and, especially, not the facility.
This is the law office's web site... arlshelp.com
If anyone would like to contact this attorney, you may do so by e-mailing him at rgferrero@arlshelp.com
I find this response very interesting because according to one of the drug court's liaison, the ultimate decision belongs to the judge. Below are 2 shortened versions of somme of responses I received through e-mails after expressing my concerns and requests of how to terminate the marchman act pertition to the drug court team.
1st response was that I may ask the judge to terminate the Marchman Act and he may or may not do so and the
2nd response was that the ultimate decision is the judges.
For an older and more play by play post inclusive of the documents, click on the following link
http://unscenetomorrows.blogspot.com/2012/09/once-marchman-acted-your-hands-are-tied_26.html
Labels:
ACTS,
corruption,
detox,
FAVORITISM,
federal grants,
government,
Hitler,
IMPATIAL,
inappropriate,
JUDGE,
Judge Jack Espinosa Jr.,
JUSTICE SYSTEM,
Law,
LINDSAY LOHAN,
Marchman Act,
money,
rehab,
treatment planning
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Monday, November 5, 2012
INMATE DIES AT FAULKENBURG JAIL
TAMPA --
Hillsborough County sheriff's deputies are investigating the death of an inmate at the Falkenburg Road Jail.
Horace Johnson Jr., 59, died in the jail's clinic after becoming ill Tuesday.
Johnson was being treated for a pre-existing medical condition at the clinic when he died.
The medical staff and deputies tried to resuscitate Johnson before he was taken to Brandon Regional Hospital, where he was pronounced dead.
In accordance with agency policy, the Hillsborough County Sheriff's Office is investigating.
Johnson was booked into the jail from the Manatee County Jail on Aug. 20 on a contempt of court warrant related to child support.
Source http://www.hcso.tampa.fl.us/About-HCSO/Press-Releases/Releases/2012/September/12-344.aspxHmm. Seems that the inmate complained to one of the correction officers that he was not feeling well and was told to go back into his bed and lay down. At least, that is what I was told by a Faulkenburg corrections officer whom I know personally.
Not everyone should be given the responsibility of being a corrections officer, or a police officer at that! I believe that a thorough psychiatric background evaluation must first be made.
Now the chid gets no support from her father and of course, the department of corrections gets away with negligence.
Labels:
bad cop,
death,
Faulkenburg Jail,
INMATE DIES
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Wednesday, October 10, 2012
ARRESTED IN TAMPA? BETTER HAVE LOTS OF CASH
EVERYBODY WINS WHEN SOMEONE IS ARRESTED...
EXCEPT YOU AND YOUR FAMILY
I do not know how the Department of Corrections Policy is in any other State but I do know a little about it where I live in Florida.
If you are arrested here, you are expected to pay anywhere between $35 and $40 for Booking Fee.
Whatever cash you have in your belongings when booked is confiscated for that fee.
If you do not have any cash in your belongings, what ever monies your friends and family add into your canteen in order for you to be able to purchase such items as shampoo, a radio, batteries, chocolate bars, cookies, tuna and such will be deducted until your booking fees are paid for, the rest will be added into your canteen account.
My sister put $30 towards the canteen (Commissary) and I put another $25 into it but the total amount of $55.00 was taken entirely as the booking fee and still was minus $5.00 to complete the entire booking costs.
We were never informed of this by anyone of the correction officers at the time we asked where and how to deposit money into an inmates account; it was only later that week when we put money into an account for the inmate to purchase canteen items that the money went which we deposited went towards initial booking fees.
I almost forgot to mention that if the inmate needs a doctor, that fee will also come out of your canteen money. It is not much for the house call, just $12.00 for each visit. I am not sure how much they would charge if meds were necessary or worse, a sling or even stitches!
I have two receipts for both times I have left canteen money for my inmate in the ATM looking machine in the lobby and this is how my receipts read
$125.00
-7.50
--------------------
117.20 goes towards my inmates commissary
The following week I visited and deposited money towards my inmates Commissary, this is what my receipt read,
$58.00
7.80
-------------
50.20 towards my inmates commissary
INMATES WITH NO CANTEEN (COMMISSARY) ACCOUNT MONEY HAVE TO WALK AROUND LOOKING ALL NASTY
Dante Morris
Gosh, they really did a number on him when he was apprehended
With no money in your canteen, you cannot shave, purchase shampoo buy chips or the famous Raman noodles which they sell to the inmates.
Dante Morris now
Two Tampa Deputies who Morris shot and killed were
Jeffrey Kocab and David Curtis on June 29th 2010
Rest In Peace Guys

JUST SO YOU KNOW AND BEFORE YOU BEGIN TO COMPLAIN ABOUT BOOKING FEES...
The fee charged to INMATES account is appropriate.”
Section 951.033(1) states in part: “The Legislature finds that there is an urgent need to alleviate the increasing financial burdens on local subdivisions of the state caused by the expenses of incarcerating prisoners.” In subsection (3), the statute provides that “[t]he chief correctional officer of a local subdivision may direct a prisoner to pay for all or a fair portion of daily subsistence costs.”
The sheriff’s Standard Operating Procedure (SOP) 917.00(D), which governs assessment of the fee, provides:
All non-federal inmates booked into the Hillsborough County Jail System will be charged an Initial Inmate Per Diem Fee to cover administrative costs, with the following exceptions:
1. Those individuals in an “in-transit” status for another
agency or jurisdiction.
2. Department of Corrections inmates brought back to
Hillsborough County by the State Attorney or Public Defender’s Office on writs of testificandum only.
3. Inmates
returning on writs of prosequendum are not exempt.
Key word is legislature, not law.
؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟
You get one courtesy call while in jail, lasting for about 1 minute, then are quickly transferred to a company named, I.C. Solutions Customer Service.
(888) 506-8407

Call them with your debit or credit card handy in order for you to place payment for your inmate to be able to call you but be ready to be robbed.
Each time I put $10.00 worth of calls, my total payment is $19.65.
I live in Tampa and my daughter is in a jail which is also in Tampa.
When she calls me, the recorded message informs me that I have a collect call from (Her Name) an inmate at Faulkenburg Jail. I then press 5 to accept. I am informed that the calls are monitored and that the first minute will cost $2.50 and zero afterwards. We are then allowed 15 minutes of always interrupted conversation by dead air, poor audio reception and sometimes even disconnects.
I may as well be placing a call to China; but I do it because I love her and there are matter which must be discussed.
6. How do I set up and fund a pre-paid calling account?
ICSolutions offers two forms of pre-paid calling to help inmates connect with loved ones when collect calling is not the best option.
This is the method I have recently used for my inmate to be able to make a collect call to my cell phone but they take a huge chunk out in fees from your account and they do disclose it before you accept or deny processing the transaction.
If you put $10.00 down for your inmate to call, your credit or debit card will be charged $19.65 and each inmate call from Faulkenburg to you if you live in Tampa costs $2.50 for about 15 minutes so now the inmate is left with $7.50 towards his/her collect phone calls to you.
You can always add more money into the inmates collect call account but remember, the higher the amount you leave for them, the higher the fees from ICSolutions.
Prepaid Calling allows you to set up an account that is associated with your telephone number. Funds in this account can be used to be for inmate calling to your telephone number only.
Debit Calling allows you to fund an account that is associated with one inmate. Only that inmate can place calls using funds in his or her Debit account, and that inmate can place Debit calls to any facility-approved telephone number.
For information about how these services work, please visit our Prepaid Calling page and our Debit Calling page.
7. After I add funds to a prepaid account, how long before I can begin receiving inmate phone calls?
You can begin receiving inmate phone calls as soon as your payment is received.
8. Can I have more than one Prepaid Calling account?
Yes, each Prepaid Calling account is associated with a telephone number. If you have more than one telephone number (for example, a home number and a cell phone), you can set up a Prepaid Calling account for each number. When an inmate places a call to a phone number, funds are drawn from the Prepaid Calling account associated with that number. Each phone number can be associated with only one Prepaid Calling account.
9. Can I receive calls from more than one inmate?
Yes. If you receive Collect or Prepaid account calls, you can accept calls from more than one inmate.
10. My phone call was inaudible or was disconnected prematurely. How can I get a refund for the cost of that call?
Please call our toll-free customer service hot line at your earliest convenience: (888) 506-8407. Customer Care Representatives are available 24 hours a day, 365 days a year, to assist with these kinds of issues. Our representatives can investigate technical problems with your phone call – including listening to the call recording – to determine the cause. If it is determined that the problem was not caused by another external factor (for example, a bad cell phone connection), our Customer Care Representative can credit a refund back to the account that was used to pay for the phone call.
11. I no longer receive inmate phone calls. How can I get a refund of the money in my Prepaid Calling account?
Please call our toll-free customer service hot line at your earliest convenience: (888) 506-8407. Customer Care Representatives are available 24 hours a day, 365 days a year, to assist with account setup, account closing, and refund requests. You may also submit your refund request in writing to:
ICSolutions
Attn: Customer Service Department / PrePaid Collect
2200 Danbury Street
San Antonio, TX 78217
Please include your name, address and the prepaid account phone number with your mail-in refund request.
12. How can I leave a voicemail message for an inmate?
Inmate Voicemail messaging is available at select correctional facilities. To determine if it is available where your inmate is housed, visit our Online Payment Processing page and click the Check Product Availability option. This service will allow you to search for a particular correctional facility and find out if Inmate Voicemail is offered at that facility.
If Inmate Voicemail is available, you will need to set up a Prepaid Collect account in order to leave messages for inmates. You can set up a fund a Prepaid Collect account from our Online Payment Processing page.
13. Are my phone calls recorded?
Yes, at most correctional facilities, all calls are subject to monitoring and recording. Exceptions are made in the case of confidential calls, such as those between and an attorney and their client. Please contact your correctional facility for specific policies.
14. I am an attorney. How can I ensure that my phone calls will not be recorded or monitored?
Please contact the facility to determine what information they require to process your request. After submitting proof of your status as an attorney (such as your Bar information), the facility will designate your telephone number as “confidential” and therefore will not be subject to monitoring and recording.
15. Does ICSolutions offer a Direct Billing option?
ICSolutions offers a direct billing option for law offices and bail bonds companies that receive high volumes of inmate collect calls from select facilities. Please contact ICSolutions at 1 (800) 464-8957 to inquire about setting up a Direct Billing account. Direct Billing representatives are available from 8:00AM to 5:00PM Central time, Monday through Friday.
16. How do I receive a refund for the remaining balance when my loved one is released?
You can request a refund for the remaining funds in your account by contacting our customer service folks. We’ll issue a full refund, minus an administrative fee of $2.99. Unused balances expire after a six-month period of inactivity (12 months for Maryland customers).
؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟؟
Keefe is the ownership group
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Access Corrections™ was formed by Keefe Group
to respond to new and evolving technology needs within the correctional
industry.
Access Corrections™ focuses exclusively on corrections by developing new
technologies and services that increase the efficiencies and security throughout
the correctional industry.
Access Corrections™ is leading the way on several fronts, streamlining the
way the industry manages and processes the flow of information, financial
transactions and entertainment for inmates and their families.
SAFETY, SECURITY, & EFFICIENCY

Secure
Deposits:
Access Secure Deposits™ by Access
Corrections™ allows family members to deposit funds into an inmate’s account in
the easiest, most efficient way available!
Now family and friends have the flexibility to deposit funds in more
convenient ways, increasing spendable cash in the inmate’s account – affording
greater inmate spending and return to the facility.
Friends and family have the ability to deposit funds through an array of
options:
• Our toll-free, bi-lingual call center at
1-866-345-1884
• Online at www.accesscorrections.com
• Walk
up kiosk located in the facility
Keefe Commissary Network (KCN) Keefe Commissary Network
(KCN) is the nation's leading manufacturer, distributor and automated commissary
provider.
Corrections is Keefe Commissary Network's only business, which
allows its dedicated staff to focus exclusively on this unique market. The
results--unparalleled quality service and products. The choice is yours!
KCN's website can be found at: http://www.keefecommissary.net.
Writing to an inmate or need to visit?
The inmate needs to request a visit from you and would need your name, address and date of birth as it appears on your drivers license. When you visit, the officers at the desk will keep your license until the end of your forty minute visit which is every hour. for example at 1 o'clock to 1:40, 2o'clock until 2:40.
Make sure not to wear tank tops or shorts, spandex or anything revealing or you do not get in.
Faulkenburg Jail
Name of Inmate and Booking #
520 North Faulkenburg Road
Tampa, FL, 33619
813 - 247-0234
Orient County Jail
Name of Inmate and Booking #
1201 Orient Rd Tampa, FL 33619
813 -247-8300
Same rules as above apply
Here is Hillsborough County Sheriffs Office website http://www.hcso.tampa.fl.us/
Labels:
address,
Arrested,
booking fees,
canteen money,
collect calls,
Dante Morris,
Faulkenburg Jail,
IC Solutions,
Orient County Jail,
Policy,
telephone number,
Vendor,
visiting,
writing
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