Drug court
Encyclopedia
Drug Courts are judicially supervised court dockets that handle the cases of nonviolent substance abusing offenders under the adult, juvenile, family and tribal justice systems. Drug Courts operate under a specialized model in which the judiciary
, prosecution
, defense bar
, probation
, law enforcement
, mental health
, social service
, and treatment communities work together to help non-violent offenders find restoration in recovery and become productive citizens. In the USA, there are currently over 2,459 Drug Courts representing all fifty states plus the District of Columbia, Guam, Puerto Rico, Northern Mariana Islands and 111 tribal drug court programs. In the UK, drug courts are currently being tested in various places.
took shape in Miami-Dade County, Florida
in 1989 as a response to the growing crack-cocaine
problem plaguing the city. Chief Judge Gerald Wetherington, Judge Herbert Klein, then State Attorney Janet Reno
and Public Defender Bennett Brummer designed the court for nonviolent offenders to receive treatment. This model of court
system quickly became a popular method for dealing with an ever increasing number of drug offenders. Between 1984 and 1999, the number of defendants charged with a drug offense in the Federal courts
increased 3% annually, from 11,854 to 29,306. By 1999 there were 472 Drug Courts in the nation and by 2005 that number had increased to 1262 with another 575 Drug Courts in the planning stages; currently all 50 states
have working Drug Courts. There are currently about 120,000 people treated annually in Drug Courts, though an estimated 1.5 million eligible people are currently before the courts. There are currently more than 2,400 Drug Courts operating throughout the United States.
In a nationally representative sample of more than 2,000 graduates from 95 different Drug Courts, the average re-arrest rate was only about 16% in the first year after leaving the program and 27% after the second year. This compares highly favorably to typical recidivism rates on conventional probation, in which roughly 46% of offenders commit a new offense and over 60% commit a probation violation.
A recent study of nine courts in California found that re-arrest rates over a 4-year period were 29% for Drug Court participants (and only 17% for Drug Court graduates) as compared to 41% for similar drug offenders who did not participate in Drug Court.
Another study of four adult Drug Courts in Suffolk County, MA found that Drug Court participants were 13% less likely to be re-arrested, 34% less likely to be re-convicted and 24% less likely to be re-incarcerated than probationers who had been carefully matched to the Drug Court participants using “propensity score” analyses.
began a pilot scheme of dedicated Drug Courts. Pilot Drug Courts are still in operation in various locations throughout the country.
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, prosecution
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, defense bar
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
, law enforcement
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
, mental health
Mental health
Mental health describes either a level of cognitive or emotional well-being or an absence of a mental disorder. From perspectives of the discipline of positive psychology or holism mental health may include an individual's ability to enjoy life and procure a balance between life activities and...
, social service
Social work
Social Work is a professional and academic discipline that seeks to improve the quality of life and wellbeing of an individual, group, or community by intervening through research, policy, community organizing, direct practice, and teaching on behalf of those afflicted with poverty or any real or...
, and treatment communities work together to help non-violent offenders find restoration in recovery and become productive citizens. In the USA, there are currently over 2,459 Drug Courts representing all fifty states plus the District of Columbia, Guam, Puerto Rico, Northern Mariana Islands and 111 tribal drug court programs. In the UK, drug courts are currently being tested in various places.
The Drug Court Model
Drug Courts operate under a very specific model that combines intensive judicial supervision, mandatory drug testing, escalating sanctions and treatment to help substance abusing offenders break the cycle of addiction and the crime that accompanies it. In 1997, the National Association of Drug Court Professionals published Defining Drug Courts: The Key Components designed to provide courts with a model which can be adapted to fit the specific needs of the community.The 10 Key Components
- Drug Courts integrate alcohol and other drug treatment services with justice system case processing.
- Using a non-adversarial approach, prosecution and defense counsel promote public safety. Participants must waive their due process rights to a speedy trial and sign a pre-emptive confession before being allowed to participate.
- Eligible participants are identified early and promptly placed in the Drug Court program.
- Drug Courts provide access to a continuum of alcohol, drug and other related treatment and rehabilitation services.
- Abstinence is monitored by frequent alcohol and other drug testing.
- A coordinated strategy governs Drug Court responses to participants compliance.
- Ongoing judicial interaction with each Drug Court participant is essential.
- Monitoring and evaluation measure the achievement of program goals and gauge effectiveness.
- Continuing interdisciplinary education promotes effective Drug Court planning, implementation, and operations.
- Forging partnerships among Drug Courts, public agencies, and community-based organizations generates local support and enhances Drug Court effectiveness.
Drug Courts in the United States
The first Drug Court in the U.S.United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
took shape in Miami-Dade County, Florida
Miami-Dade County, Florida
Miami-Dade County is a county located in the southeastern part of the state of Florida. As of 2010 U.S. Census, the county had a population of 2,496,435, making it the most populous county in Florida and the eighth-most populous county in the United States...
in 1989 as a response to the growing crack-cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
problem plaguing the city. Chief Judge Gerald Wetherington, Judge Herbert Klein, then State Attorney Janet Reno
Janet Reno
Janet Wood Reno is a former Attorney General of the United States . She was nominated by President Bill Clinton on February 11, 1993, and confirmed on March 11...
and Public Defender Bennett Brummer designed the court for nonviolent offenders to receive treatment. This model of court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
system quickly became a popular method for dealing with an ever increasing number of drug offenders. Between 1984 and 1999, the number of defendants charged with a drug offense in the Federal courts
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
increased 3% annually, from 11,854 to 29,306. By 1999 there were 472 Drug Courts in the nation and by 2005 that number had increased to 1262 with another 575 Drug Courts in the planning stages; currently all 50 states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
have working Drug Courts. There are currently about 120,000 people treated annually in Drug Courts, though an estimated 1.5 million eligible people are currently before the courts. There are currently more than 2,400 Drug Courts operating throughout the United States.
Recidivism rates
Recidivism rates for offenders who have graduated from Drug Courts have been consistently proven to be lower than recidivism rates of offenders who did not take part in a Drug Court program. The average recidivism rate for those who complete Drug Court is between 4% and 29%, in contrast to 48% for those who do not participate in a Drug Court program. A 2003 recidivism report by the Urban Institute and Caliber Associates, entitled, "Recidivism Rates For Drug Court Graduates: National Based Estimates", representative of over 17,000 annual Drug Court graduates 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.In a nationally representative sample of more than 2,000 graduates from 95 different Drug Courts, the average re-arrest rate was only about 16% in the first year after leaving the program and 27% after the second year. This compares highly favorably to typical recidivism rates on conventional probation, in which roughly 46% of offenders commit a new offense and over 60% commit a probation violation.
A recent study of nine courts in California found that re-arrest rates over a 4-year period were 29% for Drug Court participants (and only 17% for Drug Court graduates) as compared to 41% for similar drug offenders who did not participate in Drug Court.
Another study of four adult Drug Courts in Suffolk County, MA found that Drug Court participants were 13% less likely to be re-arrested, 34% less likely to be re-convicted and 24% less likely to be re-incarcerated than probationers who had been carefully matched to the Drug Court participants using “propensity score” analyses.
Cost benefit
In line with their demonstrated effects on crime, Drug Courts have proven to be highly cost-effective. Several recent studies have computed the average cost savings per participant. Results revealed average cost savings ranging from nearly $3,000 to over $12,000 per client. Depending upon the size of a given Drug Court program, in some counties the aggregate cost savings exceeded $7 to $9 million per year. There are about 120,000 individuals treated annually in Drug Courts, which creates more than $1 billion dollars in annual savings. Overall, it is estimated that the current adult Drug Court treatment program produces about $2.21 in benefit for every $1 in costs, for a net benefit to society of about $624 million. Studies have shown that 1.5 million arrestees who are probably guilty (the population most likely to participate in court monitored substance abuse treatment) are at risk of abuse or dependence. Treating that 1.5 million at-risk arrestees through drug court would cost more than $13.7 billion and return benefits of about $46 billion.Juvenile Drug Court
Drug Courts not only apply to adults but to juveniles as well. The need for a juvenile Drug Court can be indicated by the extent of a drug being associated with delinquency, the ability of the juvenile justice system to use treatment, supervision and other services, as the accountability that the juvenile and the service providers are given by the juvenile justice system.NADCP
The National Association of Drug Court Professionals (NADCP) is a not-for-profit organization founded in 1994 to reduce the negative social impact of substance abuse, crime and recidivism. The NADCP advocates for the establishment, growth and funding of Drug Courts and provides for the collection and dissemination of information. In 1997 the National Drug Court Institute (NDCI) was established by the Office of National Drug Control Policy as part of NADCP. NDCI is funded through the Bureau of Justice Assistance (BJA) U.S. Department of Justice, and the National Highway Traffic Safety Administration (NHTSA). NDCI provides comprehensive Drug Court training series for practitioners, and disseminates important Drug Court specific research, evaluations and relevant commentary. NDCI stages over 130 training events each year.Drug Courts in Canada
Drug treatment courts (DTCs) are a recent phenomena in the Canadian criminal justice system. The first Canadian DTC commenced in Toronto in 1998. The Federal Government currently supports six DTCs in Canada including: Edmonton (December 2005), Winnipeg (January 2006), Ottawa (March 2006), Regina (October 2006), Toronto (1998), and Vancouver (2001). Calgary and Durham have also recently initiated DTCs.Drug Courts in the United Kingdom
In December 2005, the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
began a pilot scheme of dedicated Drug Courts. Pilot Drug Courts are still in operation in various locations throughout the country.
Suggested Reading
- Brummer, Bennett H. and Rodham, Hugh, “Miami’s Drug Court: Leading the Way,” Cornerstone, National Legal Aid and Defender Association, Spring 1993.
- Clayton, Robert M.; (1999). "Missouri's Experience with Drug Courts." Spectrum, 72, 30-32.
- Craddock, Amy; Rochester City Drug Treatment Court. (1999). Rochester Drug Treatment Court Participation Characteristics 1995-1998. Rochester.
- Finn, Peter, and Newlyn, Andrea K.; National Institute of Justice. (1993). Miami's "Drug Court" A Different Approach. Washington D.C.: U.S. Department of Justice.
- Goldkamp, John S. and Weiland, Doris; National Institute of Justice. (1993). Assessing the Impact of Dade County's Felony Drug Court. Washington D.C.: U.S. Department of Justice.
- Huddleston, C. West; (1998). "Drug Courts and Jail-Based Treatment." Corrections Today, 60. 98-101.
- Kaye (1999). "Making the Case for Hands-On Courts." Newsweek, 134, 11.
- Mountjoy, John J. (1999). "Drug Courts: Making Prison Sentences a Thing of the Past?" Spectrum, 72, 2-4.
- National Institute of Justice. (2006). Drug Courts: The Second Decade. CJ 211081. Washington, DC: U.S. Department of Justice. This report synthesizes the following research:
- Anspach, Donald F. and Ferguson, Andrew S.; Assessing the Efficacy of Treatment Modalities in the Context of Adult Drug Courts, Final Report. Grant No. 2000–DC–VX–0008.
- Butts, Jeffrey A., and Roman, John (eds.); Juvenile Drug Courts and Teen Substance Abuse. Washington DC The Urban Institute Press, 2004. (Based on research conducted under Grant No. 2000–DC–VX–K003).
- Carey, Shannon M. and Finigan, Michael W.; Detailed Cost Analysis in a Mature Drug Court Setting: A Cost Benefit Evaluation of the Multnomah County Drug Court. Grant No. 2000–DC–VX–K004.
- Finigan, Michael W., and Carey, Shannon M.; Analysis of 26 Drug Courts: Lessons Learned, Final Report. (Commissioned paper, 2002).
- Goldkamp, John S., White, Michael D. and Robinson, Jennifer B.; From Whether to How Drug Courts Work: Retrospective Evaluation of Two Pioneering Drug Courts in Clark County (Las Vegas) and Multnomah County (Portland), Phase II Report from the National Evaluation of Drug Courts. Grant No. 98–DC–VX–K001.
- Roman, John, Townsend, Wendy and Bhati, Avinash Singh; (2003). Recidivism Rates for Drug Court Graduates: Nationally Based Estimates, Final Report. NCJ 201229.
- Thomas, Stephen. 2009. Texas Drug Courts: Are the Ten Key Components being utilized? Applied Research Project. Texas State University - San Marcos. http://ecommons.txstate.edu/arp/294/
External links
- National Drug Court institute and National Association of Drug Court Professionals website. This site is both the NDCI and the NADCP.
- National Criminal Justice Reference Service NCJRS is a federally funded resource offering justice and substance abuse information to support research, policy, and program development worldwide.
- Drug Court Clearinghouse School of Public Affairs Justice programs office at the American University.
- The March 25, 2011 episode of the radio show This American LifeThis American LifeThis American Life is a weekly hour-long radio program produced by WBEZ and hosted by Ira Glass. It is distributed by Public Radio International on PRI affiliate stations and is also available as a free weekly podcast. Primarily a journalistic non-fiction program, it has also featured essays,...
focused on the harsh practices of Drug Court Judge Amanda Williams in Glynn, Camden and Wayne Counties, Georgia. - What is a drug court? Fact sheet This is a knowledge transfer web site provided by the Addiction and Mental Health Research Laboratory, University of Alberta dedicated to sharing recent addictions and mental health research with the public.