In October, we administered a class on DWI substantive law and procedure for District Court Judges and Magistrates. As part of that program, I took a group of judges to tour the DART (Drug Abuse & Alcoholism Residential Treatment) Center in Goldsboro, NC. Our visit included a program overview, facility tour, and an opportunity to ask questions. We heard from program leadership, treatment staff, and a few participants at different stages in the program. We also learned about the impact of COVID and the Center’s state of operations since then (spoiler: they have open availability and there’s no waitlist).
Overview. North Carolina provides substance abuse treatment for people on probation at no cost in two locations. Men attend the DART Center in Goldsboro, and women attend Black Mountain in Swannanoa. The programming between the two treatment facilities is largely identical. As residential therapeutic communities, participants are not fenced or locked in. While it would be a violation of a condition of their probation, they may leave at any time. I will primarily refer to the DART Center, but the discussion throughout this post is applicable to either program. As of our visit, neither program was at capacity, and there was no waitlist for admission. We heard from:
- Lateisha Thrash: Director of Reentry Services
- Barbara Whitaker: DART Center Facility Manager
- Lisa Gunn: Chief Probation/Parole Officer
- David Smith: Clinical Program Manager
- Brenda Crouch: Clinical Substance Abuse Counselor
- Shonette Harvey: Lead Charge Nurse
Scheduled starts. The way the program starts sometimes leads to a misconception that there is a waitlist. The program is 90 days long, with three 30-day phases. Residents graduate from phase to phase as a group. This means that the residents must all begin the program together on the same day. About once a month, the Department of Adult Correction (DAC) runs a statewide pickup route aligned with the start of each group. Prospective residents must either wait for the DAC pickup or may be transported by their probation officer to the program. Once there, they will either be incorporated into the current Phase I class or wait until the next group begins. There is also a way for the DAC pickup to take someone directly from jail custody (more on that below). The program had to substantially cut its capacity during COVID, which at that time did cause waitlists. While capacity has returned to pre-pandemic levels, referrals are still catching up, leading to the current unfilled vacancies.
Getting in. The most common pathway for individuals to participate in the program is for the judge to order attendance as a condition of supervised probation. The best way for judges to accomplish this during sentencing is to impose as a condition of supervised probation: “Complete the DART Center [or Black Mountain] program and any aftercare.” Because the program is not a lock-down facility, a person should not be sentenced to imprisonment or custody to attend. Because of the length of the program, the individual must be on supervised probation for at least the length of the program, plus any days before the program start date and plus any aftercare. Considering virtually all supervised probation periods are at least 12 months, this is not frequently an issue. The length of the suspended sentence itself does not impact a person’s eligibility. That said, residents are eligible for jail credit for every day spent in the program. State v. Lutz, 177 N.C. App. 140 (2006). This means that if a suspended sentence is 90 days or less, a probationer may eliminate their suspended term of imprisonment through successful completion of the program.
Another pathway that judges may utilize to send a person to the DART Center is to order it as special probation (also known as a split sentence). While this is statutorily authorized, G.S. 15A-1351(a) (“[I]mprisonment under this subsection shall be in a designated local confinement or treatment facility.”), it is less common and more likely to cause issues. For example, a judge may order a person convicted of DWI to a 120-day split sentence, 90 of which to be served at the DART Center, and 30 to be served in custody. It is not the best way to order participation though because unlike special probation ordered in other circumstances, participants are not in custody or prevented from leaving the program. Rather, ordering a person to a 120-day split sentence to be served at the discretion of probation, and separately ordering program participation as a condition of supervised probation accomplishes the same thing and more clearly establishes the sentence. Upon completion of the program, this person would then have 90 days of credit, and 30 more to serve in custody, the same as in the first example.
A person being sentenced directly to active imprisonment will not be taken to the DART Center or Black Mountain. Same for a person ordered to confinement in response to a violation (CRV) at a probation violation hearing. However, in either admission pathway described above, a judge may keep a person in custody between sentencing and the next DAC pickup by imposing a split sentence, served in the discretion of the probation officer, long enough to last to and through the pickup date. Judges and attorneys inquiring about the next DAC pickup date for their area can contact:
- Chief Lisa Gunn at (984) 960-5515 or lisa.gunn@dac.nc.gov,
- Debra Sawyer (DART Center) at (984) 960-5509 or debra.sawyer@dac.nc.gov, or
- Steven Allison (Black Mountain) at (828) 367-2896 or steven.allison@dac.nc.gov
Eligibility. Once ordered to participate in one of these programs, G.S. 15A-1343(b3) requires probationers to be screened and assessed before they may participate. The Treatment Accountability for Safer Communities (TASC) Assessment is the method for this determination. Anecdotally, it is exceedingly rare for an assessment not to permit participation for an individual with indications of chemical dependency having been ordered to participate as part of their probation. There are no categorical limitations on what substance is being abused, including alcohol, marijuana, opioids, inhalants, and others.
Eligibility for participation is very broad. If a person has a dual diagnosis, the DART Center has staff and medical resources nearby that can assist with mental health care. That said, individuals with significant mental health needs should be stable on prescribed medications. Physical health issues may also be a barrier, as the Center is not a full-time healthcare facility, so certain physical health conditions that require constant intervention or assistance may restrict a person’s ability to participate. The DART Center is also not a detox facility, and cannot assist with a person who needs medical intervention before being substance free. Therefore, individuals should complete detox prior to admission.
There are no offense restrictions for participation in the programs, and individuals on probation pursuant to a conditional discharge or deferred prosecution may also attend. If a probationer has pending charges, they may attend if their court dates are continued past their projected graduation date. Participants may also attend the program, successfully or unsuccessfully, multiple times. Program leadership informed us that this is not uncommon, and that they are happy to work with people on more than one occasion if necessary. During our trip, one of the judges asked what the ideal candidate was like, so they could be on the lookout while presiding in court. The answer was unanimous: there is no ideal candidate. Any person who meets the eligibility criteria has a chance for success, and oftentimes residents who are initially resistant excel and find success. Sometimes, they answered, participants arrive motivated more by court order than by personal choice, and the program works hard to engender buy-in and a willingness to stay.
Opportunities. The programs provide more than substance abuse treatment. As full-time, residential programs, they work with participants on all aspects of re-building a successful foundation on their graduation. Their days are highly structured and include meeting education needs as well as providing vocational training. At the DART Center, a partnership with Wayne County Community College provides additional opportunities for classes and workplace training, and at Black Mountain there is a similar partnership with Asheville-Buncombe Technical Community College.
Limitations. In addition to limitations on providing high-level physical medical care, there are a few limitations to the program in its current state. One is that the program does not provide medication assisted treatment (MAT). This means that the program cannot provide medications such as methadone, suboxone, and naltrexone to assist with chemical dependency if a resident is going through withdrawal. That said, other prescription medicine is not a disqualifier and is generally considered on a case-by-case basis. Another limitation that was mentioned is the lack of physical therapy programming. Considering the connection between physical well-being and substance abuse, physical therapy programming is on the minds of program leadership, and they are hoping to add it to Center’s curriculum. Finally, the programs are not currently engaged in any longitudinal tracking of participants after they graduate. This is another initiative leadership is hopeful they may be able to expand to include.
Takeaways. Leadership emphasized to the group that they have openings and are hoping to serve more participants. This would allow them to explore additional programming and continue expanding the treatment they provide. Another takeaway is just how broad the criteria are for participant eligibility. The judges appreciated hearing different stories of success directly from residents and learning how the program is equipped to host residents with varied addictions, needs, and backgrounds. A final takeaway is a better understanding of how to effectively send a person to either the DART Center or Black Mountain. Discussing the distinction between ordering the program as a condition of probation, or split sentence (correct) and ordering the program while a person is serving an active sentence (incorrect) was very helpful.
Finally, I would like to say thank you again to the program leadership, treatment staff, probation staff, and program participants who welcomed us and answered our questions. Thank you also to the judges and magistrates that participated in our course and demonstrated thoughtfulness, curiosity, and a desire to learn more and better serve their communities.
As always, feel free to reach out to me with any questions or comments. I can be reached at elrahal@sog.unc.edu.
