Jackson County Commission Regular Session - More on the Court Referral and Community Corrections Issue

Jackson County Courthouse, south side (photo by G. Morgan)

AGENDA for the

Tuesday October 13, 2015 Jackson County Commission Regular Meeting

VIDEO

Jackson County Court Referral and Community Corrections Issue

In today's "The Clarion," a revealing article by Heather Garner was published regarding the Jackson County Court Referral and Community Corrections. http://www.theclarion.org/index.php?option=com_content&view=article&id=9605:commission-requests-application-from-court-referral-&catid=42:clarion-rotation-stories&Itemid=142

 I have requested an interview with Mike Brown, Director of the agency, and Gene Cleckler board member and Executive director of private corporations where Jackson County court referral does business, as of this writing I have received no reply.

Highlights from the Clarion article relating to public records inspections:

1) According to Jackson County Probate Court records on October 9, 1998 Articles of Incorporation for the Jackson County Community Punishment and Corrections, Inc. was filed. These articles included corporation members consisting of Mike Wells, Betty Gilliam, Thomas Davis, John Black, and president of the corporation, Donald Word. According to Jackson County Commission records, on October 13, 1998, a resolution was passed by the Commission allowing Dennis Crownover to present to the state an alternative sentencing program for Jackson County inmates. There is no record of the approved application in the commission minutes and one could not be located according to county attorney John Porter, by the commission, the Alabama Department of Corrections or the Jackson County Community Corrections office.

2) "According to accounting records of the Jackson County Commission in 2013-2014 funds in the amount of $32,145 were received and $31,100 in 2014-2015 were received. Inmates are charged 30 percent of their net wages while on work release. Ten percent goes to the county, 10 percent goes toward the inmate’s fines and 10 percent goes to the Jackson County Court Referral and Community Corrections office." In addition, there is a $10 dollar fee collected upon each participant in the Community Corrections program. Example of a receipt is posted, note $10 is indicated as going to the County Commission, personal identifying information is redacted.

3) Code of Alabama 15-18-174 stipulates that an annual audit is required if public funds or grants are received to insure accountability. A private auditing firm may conduct the audit, there must be a copy of the audit available in accordance with state law. “ Clarion - All audits shall be completed as soon as practical after the end of the fiscal year of the board. One copy of each audit shall be furnished to the board, if established, the Department of Corrections and the Alabama Chief Examiner of the Department of Public Accounts. Copies of each audit shall also be made available to the press.”  The Clarion reports - "However, audits were unavailable according to the Chief Examiner of Public Accounts, since 2003 no audits have been filed."

4) "Clarion - As a result a public records request for the audits was made and a compilation of financial records was received. The compilation shows liabilities and equity in the amount of $57,008.66, and service income in the amount of $310,987.16 as of June 30, 2015. Salaries for officers are reported at $89,059.51 and other salaries and wages are reported as $77,134.59."

5) 2013 IRS Forms reveal as reported: Regarding the Jackson County Community Punishment and Corrections, Inc. Board Memebers per 2013 IRS records per the Clarion - " William Brady, Rannie Childress and Gene Cleckler;" Childress (Clinical Director) and Gleckler (Executive Director) are officers for the Family Life Center, a 501(c)3 non profit. Jackson County Court Referral and Community Corrections has a contract with Family Life Center for counseling services and drug testing. Family Life Center link of personnel listings - http://familylifecenter.ws/personnel-listing/ 

There is the appearance of a conflict of interest where the board members of one organization,  Jackson County Court Referral and Community Corrections, are the paid officers of a contracted organization with  Jackson County Court Referral and Community Corrections. I called Family Life Center to arrange a discussion with Gene Cleckler. The person answering the phone stated, when I asked if Mr. Cleckler is a paid employee, the reply was, "he is the owner."

Family Life Center in Scottsboro. The Family Life Center has offices in several Alabama Counties 

http://familylifecenter.ws/about-us/

This is not all - Cleckler is also the owner/Executive Director of the drug testing company utilized by the corrections and community referral program while sitting on the board of community corrections of Jackson County. http://www.dtpm.com/about-us/  and   http://www.dtpm.com/

6) 2013 Revenue per IRS forms as reported regarding Jackson County Court Referral and Community Corrections - "... revenue in the amount of $372,040 and expenses in the amount of $393,153, assets totaling $20,136. According to Section A of the forms; regarding public support during the years of 2009-2013, a total of $1,681,964 in gifts, grants, contributions and membership fees..."

There are 2 separate programs within the Jackson County Court Referral and Community Corrections - 1) Court Referral, part of the Administrative Office of the Courts (AOC), reference Educational Programs: http://www.alacourt.gov/Sections/CSIT/EducationalPrograms.aspx   2) Community Corrections, part of the Alabama Department of Corrections - http://www.doc.state.al.us/CommCorrections.aspx  Requirements may be found at the link listed.

Concern and Summary

This is my concern and summary related to the Court Referral Programs or Community Corrections where Substance Abuse Treatment is required. Do patients receive the best treatment possible to insure they become productive members of the community by maintaining their sobriety drug or alcohol free?

Discussion - Locally, within Jackson County, it is my opinion patients enrolled in the pseudo IOP, Intensive Outpatient Care, do not receive qualified medical care nor counseling needed to overcome substance abuse. Further, it is also my opinion that the patients, which are not called patients, they are called either clients or defendants, are being shorted in a so called faux outpatient care program. I question whether strict guidelines are followed regarding DSM-IV criteria. Described as follows in the AOC guidelines.  "Level 3 Treatment Overview - A Level 3 referral is a referral to treatment. Most Level 3 referrals are sent to a community mental health center for a full assessment utilizing the DSM IV-R criteria. Level 3 consists of inpatient or intensive outpatient treatment. IOP is individual or group treatment and other therapeutic activities, including self-help, occurring during scheduled operating hours. While in treatment the following topics are discussed, explored and addressed: alcohol/other drugs & their effects, patterns of use, triggers, relapse, effective communication skills, stress and anger management, etc... "

The Administrative Office of Courts Court Referral program requires the programs to be accredited either by the Alabama Department of Mental Health and Mental Retardation or the Joint Commission for the Accreditation of Hospital Organizations (JCAHO). The only accreditation for patient care acceptable should be the JCAHO accreditation which sets strict standards in health care facility accreditation and standards for credentialed patient care providers.

Within the Jackson County Court Referral and Community Corrections there is the appearance of a conflict of interest which effects, or may effect, the quality of care and substance abuse treatment provided to those community citizens who require substance abuse treatment, particularly Level 3 treatment.

There is a Board of Directors which has been identified by local media, per Official Records Request, and described above. Some members of the Jackson County Community Punishment and Corrections, Inc. Board are either executives or have an ownership role in the drug and alcohol treatment corporate entity and the drug testing company. This is relative as board members are receiving money from a contractor performing a service for the government and non-profit entity. There are reports circulating that substance abuse program patients, who cannot afford legal representation or confirmation testing, have been intentionally flunked at the end of their treatment period when in reality there was no substance abuse for the purpose of extending the participant's drug tests and faux outpatient treatment. This creates a problem when officers of the drug testing contractor are one in the same as the Jackson County Community Punishment and Corrections, Inc. Board. Medical Oversight and a forensic audit with follow-up governmental action are needed immediately.

What is an effective drug abuse treatment program?  Principles of Drug Addiction Treatment: A Research-Based Guide (Third Edition) 13 steps - https://www.drugabuse.gov/publications/principles-drug-addiction-treatment-research-based-guide-third-edition/principles-effective-treatment and https://www.drugabuse.gov/publications/drugfacts/treatment-approaches-drug-addiction

 It is my opinion that the current, local Jackson County program fails to properly identify the level of abuse of substance abusers and a proper course of treatment, specifically those enrolled in the so called "faux out-patient" treatment program.

UPDATE - Nov 9, 2015 Excerpt from Administrative Records Request to Community Correction and Court Referral - "records no more subject to inspection than that of the First Baptist Church." It also turns out that the same law firm representing Court Referral and Community Corrections represents clients in the community corrections and court referral program.