What Are Drug Courts & Why Do We Need Them?
A drug court is a special court given the responsibility to handle cases involving substance-abusing offenders through comprehensive supervision, drug testing, treatment services, and immediate sanctions and incentives.
Drug court programs bring the full weight of all intervenors (judges, prosecutors, defense counsel. substance abuse treatment specialists, probation officers, law enforcement, and correctional personnel, educational and vocational experts, community leaders and others) to bear, forcing the offender to deal with his or her substance abuse problem.
In addition, drug courts ensure consistency in judicial decision-making and enhance the coordination of agencies and resources, increasing the cost effectiveness of programs.
Are All Drug Courts the Same?
The design and structure of drug court programs are developed at the local level to reflect the unique strengths, circumstances and capacities of each community. Many sectors of the community are involved in the planning and implementation process of a drug court system, including: criminal justice, treatment, law enforcement, educational and community anti-drug organizations. Not only do drug courts address issues in the criminal justice arena, but family dependency courts, DUI drug courts, juvenile drug courts, reentry courts and mental health courts are all built around the drug court model. In these courts, issues such as juvenile delinquency, child abuse and neglect and repeat drunk driving are all addressed. Offenders are treated holistically and smoothly reintegrated into society in these courts.
Do Drug Courts Work?
American University’s Drug Court Clearinghouse reports that over 400,000 drug-using offenders have participated in drug court programs since their inception in 1989. In 1997, the Government Accounting Office (GAO) reported that 71 % of all offenders entering drug courts since 1989 have either successfully completed their drug court program or are currently actively participating in their program.
In 2001, Columbia University’s National Center on Addiction and Substance Abuse (CASA) concluded an updated study of its seminal 1998 review of drug court research and evaluations. It finds that drug courts continue to provide the most comprehensive and effective control of the drug-using offenders’ criminality and drug usage while under the court’s jurisdiction.
The revised study, based on a review of 37 evaluations, finds that their results are consistent with the 1998 analysis and the 2000 update based on 48 other evaluations finding that “drug courts provide closer, more comprehensive supervision and much more frequent drug testing and monitoring during the program than other forms of community supervision” and that “drug use and criminal behavior are substantially reduced while offenders are participating in drug court.” In fact, the average recidivism rate for those who complete the drug court program is between four and 29% as compared to 48% for those who do not participate in a drug court program.
Additionally, the 2003 National Institute of Justice (NIJ) recidivism report entitled, “Recidivism Rates For Drug Court Graduates: National Based Estimates,” representative of over 17,000 annual drug court graduate nationwide, found that recidivism rates for drug court participants one year after graduation is a mere, 16.5% and only 27.5% after two years. The report also found that participants from 38 drug courts throughout the country have recidivism rates lower than 10% one year after graduation.
Who is Eligible for Drug Courts?
Drug courts started out as diversionary programs dealing with less-serious offenders typically charged with simple drug possession or under the influence charges.
As drug courts have proven their effectiveness in controlling both the drug usage and criminality of drug-using offenders, communities successfully have expanded drug court programs to probation including drug-using offenders charged with non-drug offenses. American University’s Drug Court Clearinghouse reports that 70% of drug courts now include probation-based or post-plea programs, and the typical participant has at least a 15-year history of drug usage.
The Bureau of Justice Statistics reports that out of two million probationers, two-thirds of these probationers may be considered drug and alcohol involved (BJS, 1995).
Unfortunately, no more than four to eight percent of drug-using offenders on probation and living in our communities are in drug court programs,
Drug Courts Provide a Viable Alternative to Eligible Substance-Abusing Offenders
Drug courts provide one of the most viable options for addressing the substance-abusing offender today, Whether the person enters the judicial system because of a criminal offense, delinquent behavior or the neglect or abuse of their children, they can benefit from the enhanced supervision provided in the drug court system. Not only do offenders benefit, but public safety is also strengthened through the monitoring and accountability that occurs in drug court.
Will Drug Courts Provide More Jail Space for Serious Criminals?
With Three-Strikes-You’re-Out statutes proliferating and long-term incarceration for serious offenders increasing, drug court programs are needed to free up limited jail space for serious criminals.
Do Drug Courts Save Money?
Incarceration of drug using offenders costs between $20,000 and $50,000 per person, per year. The capital costs of building a prison cell can be as much as $80,000. In contrast, a comprehensive drug court system typically costs $5,000 annually for each offender. Evaluations from the State of Oregon and Dallas County, Texas have shown that for every dollar invested in drug court, ten dollars are saved by corrections.
Are Drug Courts Programs “Soft on Crime”?
Drug courts across the country control participants’ drug usage and activity through: frequent drug testing, intensive supervision and judicial monitoring and immediate sanctions that include terms of incarceration to respond to program violations. Drug courts also provide incentives to participants who comply with program requirements; reducing terms of probation, treatment, conditions, program fees and other innovative rewards. This same population has historically not been motivated by the threat of incarceration alone. In fact, drug court participants find drug court more challenging than jail or prison.
