How To Change Drug Court Laws: A Practical Guide

Drug courts are an alternative to traditional criminal courts, which aim to divert non-violent offenders with substance use problems from incarceration and into treatment programs. Since the first drug court was established in Miami in 1989, the number of drug courts has multiplied to over 3,500 across the US, with at least one drug court program in every state. While the practices and procedures of drug courts vary, their primary goal is treatment and recovery rather than punishment and imprisonment. This raises the question: what can be done to get drug court laws changed and implemented more widely?

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Highlight successful drug courts

Drug courts are an alternative to traditional criminal courts, which aim to reduce recidivism and promote positive outcomes by treating addiction as a chronic disease of the brain rather than simply punishing past offences with imprisonment. Drug courts offer intensive treatment and other services for a minimum of one year, including frequent court appearances, random drug testing, and sanctions and incentives to encourage compliance and completion.

Drug court programs are for people charged with or convicted of criminal offences who are likely to re-offend and are experiencing serious substance use disorders. There is no universal model for drug court programs, but there are two common ways in which defendants enter drug court. In one model, defendants who meet eligibility requirements are diverted from traditional court proceedings into drug court before pleading to a charge. This is commonly called pre-trial or deferred prosecution. In another model, defendants plead guilty to their charges and their sentences are deferred or suspended while they participate in the drug court program. This model is referred to as post-adjudication.

Drug courts have been shown to be incredibly successful across the country, with participants significantly less likely to be arrested again compared to those sentenced through traditional criminal courts. The most successful drug courts reduce recidivism by as much as 35 to 40 percent, with one study finding a reduction of 38-50% among adult drug court participants. Drug courts are also cost-beneficial, with a study by the National Institute of Justice finding that reduced recidivism and other long-term program outcomes resulted in public savings of $6,744 on average per participant.

The success of drug courts can be attributed to certain key components, including the integration of alcohol and other drug treatment services within the justice system, a non-adversarial approach where prosecution and defence counsel promote public safety while protecting participants' due process rights, early identification of eligible participants, access to a continuum of treatment and rehabilitation services, and ongoing judicial interaction with each participant.

One example of a successful drug court is the Family Accountability and Recovery Court (FARC) in rural eastern North Carolina, supported by the Bureau of Justice Assistance's Comprehensive Opioid, Stimulant, and Substance Abuse Program (COSSAP). FARC has been operating since 1995 and has helped to change lives and conquer substance abuse disorders.

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Advocate for expansion of drug courts

Drug courts are a proven tool for improving public health and safety by reducing crime and affecting positive change in the lives of people with substance use disorders. They are designed to help individuals recover from addiction and prevent future criminal activity. These courts combine treatment with incentives and sanctions, mandatory and random drug testing, and aftercare. They also connect participants to employment opportunities, community service, pro-social activities, and education.

Drug courts are highly successful, with people who complete the programs significantly less likely to be arrested again compared to those sentenced through traditional courts. A study funded by the Department of Justice found that 84% of drug court graduates were not rearrested for a serious crime in the first year, and 72.5% remained arrest-free at the two-year mark. Additionally, drug courts are cost-effective, yielding more than $2 in savings for every $1 spent in the criminal justice system.

Despite their success, drug courts are not a universal solution and may not be suitable for all jurisdictions. However, with over 2,500 drug courts in operation today, they have become an essential tool for helping people break the cycle of addiction and recidivism.

To advocate for the expansion of drug courts, one can start by understanding the current landscape of drug courts in their state or community. This includes researching the number of existing drug courts, their locations, and their effectiveness. It is also crucial to learn about the specific laws and policies regarding drug courts in your area. This knowledge will help tailor your advocacy efforts effectively.

• Education and Awareness: Educate yourself and others about the benefits of drug courts, including their success in reducing recidivism, improving public safety, and helping individuals recover from addiction. Share success stories and data from reputable sources to build support for the expansion of these courts.
• Community Engagement: Collaborate with community organizations, treatment providers, and local leaders to advocate for expansion. Engage with stakeholders such as law enforcement, the judiciary, and community corrections agencies to understand their perspectives and involve them in the process.
• Policy Advocacy: Contact your local representatives, attend town hall meetings, and write letters to the editor of local publications to advocate for policy changes that support drug court expansion. Highlight the cost-effectiveness and positive impact on the community.
• Funding Allocation: Advocate for increased funding for drug courts at the local, state, and federal levels. Emphasize the return on investment and the potential for cost savings in the criminal justice system. Support initiatives that allocate funds towards establishing and maintaining drug courts, as well as providing necessary treatment and support services for participants.
• Collaboration and Best Practices: Encourage collaboration between existing drug courts and mentor courts to share best practices and successful strategies. This helps ensure the optimal operation of drug courts and can provide a compelling argument for expansion.
• Public Support: Build public support for drug court expansion by organizing community forums, educational events, and awareness campaigns. Highlight personal stories of individuals who have successfully completed drug court programs and the positive impact on their lives.
• Partnerships with Treatment Providers: Foster partnerships between drug courts and treatment providers to ensure a smooth transition for individuals entering treatment. Advocate for adequate funding and resources for treatment providers to handle the potential increase in patients due to drug court expansion.
• Evaluation and Research: Support ongoing evaluation and research on the effectiveness of drug courts. This includes studying recidivism rates, cost-benefit analysis, and participant outcomes. This data is crucial for demonstrating the impact of drug courts and making a compelling case for expansion.

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Ensure law enforcement involvement

Drug courts are a proven tool for improving public health and safety. They are designed to divert people with substance use disorders away from incarceration and into drug treatment. These courts aim to prevent future crimes by addressing the root cause of substance abuse rather than solely focusing on punishment. Drug courts have been incredibly successful, with participants being significantly less likely to be arrested again compared to those sentenced through traditional courts.

To ensure law enforcement involvement in drug courts, several strategies can be implemented:

Education and Training

Law enforcement personnel can undergo specialized training to understand the medical aspects of addiction, treatment, and recovery. This training can address stigmatizing attitudes towards treatment and provide knowledge on how to engage with substance abuse service providers. The National Drug Court Institute (NDCI) is developing a curriculum for law enforcement officers, funded by the ONDCP, to educate them on the intricacies of drug courts and their implementation.

Collaboration with Diversion Programs

Law enforcement agencies can collaborate with police diversion programs, such as the Law Enforcement Assisted Diversion (LEAD) model. This model allows individuals struggling with substance use to approach the police and be linked to treatment resources without fear of arrest. By encountering individuals during police interactions, law enforcement can refer them to treatment at the time of committing a low-level, non-violent offense.

Strong Partnerships

Developing strong partnerships between drug courts and local law enforcement agencies is critical. Street-level enforcement officers bring a unique perspective to drug court teams. They can improve referrals to the court and extend the court's reach into the community for information gathering and participant monitoring. Law enforcement involvement demonstrates the public safety efficacy of these courts to other government and community leaders.

Addressing Barriers

Identifying and addressing barriers to drug treatment in police diversion programs and drug courts is essential. This includes recognizing stigmatizing attitudes among police officers, judges, and treatment specialists, which may hinder their willingness to recommend or refer individuals to treatment. By addressing these barriers, law enforcement can more effectively divert individuals struggling with substance use away from the criminal justice system and towards recovery.

Community Engagement

Law enforcement agencies can play a vital role in community engagement and outreach. They can connect with community leaders, organizations, and residents to raise awareness about the drug court process, treatment options, and available resources. This helps build trust and encourages individuals struggling with substance use to seek help without fear of legal repercussions.

By implementing these strategies, law enforcement involvement in drug courts can be enhanced, contributing to the overall success of these programs in reducing recidivism and improving public health and safety.

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Address barriers to participation

Drug courts are specialized court programs that aim to serve offenders with substance use disorders. The programs offer treatment and rehabilitation services as alternatives to incarceration. Since the first drug court was launched in 1989, drug courts have expanded to include juvenile drug treatment courts, DUI/DWI courts, family treatment courts, mental health courts, veterans treatment courts, and tribal healing to wellness courts.

While drug courts have been successful in reducing recidivism and saving taxpayer dollars, there are still barriers that prevent some eligible individuals from participating in these programs. Here are some ways to address these barriers:

• Stable Housing and Transportation: One of the main barriers to participation in drug court programs is a lack of access to stable housing and transportation. To address this, drug court programs can partner with local housing authorities or organizations that provide transportation services to ensure that participants have a stable place to live and a way to get to and from the program.
• Mental Health Needs: Another barrier to participation is that some individuals' mental health needs may exceed the ability of the court to address them. Drug courts can address this barrier by increasing their capacity to provide mental health services or by partnering with local mental health providers to ensure that participants have access to the necessary resources and support.
• Nature of Offenses: Local drug courts may prohibit participation by individuals with specific types of offenses, such as sexual assault or domestic violence. Drug courts can address this barrier by considering the individual's current situation and motivation to change, rather than solely their criminal history. This may involve a more comprehensive risk assessment process that takes into account the individual's progress and willingness to participate in the program.
• Violent Criminal Records: Individuals with violent criminal records may be ineligible for drug court programs due to safety concerns. While it is important to prioritize the safety of all participants, drug courts can address this barrier by implementing additional security measures or by offering specialized programs that cater to individuals with violent criminal records.
• Awareness and Education: Increasing awareness and education about drug court programs can also help address barriers to participation. Many individuals may not be aware of the eligibility requirements or the benefits of participating in a drug court program. By conducting outreach and providing clear information, more eligible individuals may choose to enroll in these programs.

By addressing these barriers, drug court programs can become more accessible and effective in helping individuals with substance use disorders, reducing recidivism, and improving public safety.

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Provide funding for drug courts

Drug courts are an alternative to traditional criminal courts, which aim to reduce recidivism and improve public health and safety by treating addiction as a chronic disease of the brain rather than simply punishing those suffering from it. Instead of incarceration, drug courts provide defendants with treatment programs, support services, and intensive supervision to help them escape addiction and reduce the likelihood of reoffending.

Drug courts have been proven to be cost-effective, with the National Institute of Justice finding that "reduced recidivism and other long-term program outcomes resulted in public savings of $6,744 on average per participant". Additionally, an analysis by The Urban Institute found that drug courts provided $2.21 in benefits to the criminal justice system for every $1 invested. This rose to a benefit of $3.36 for every $1 spent when the program was expanded to all at-risk arrestees.

As such, providing funding for drug courts can be an effective way to support their operation and expansion, as well as to promote further research into their effectiveness. This funding can come from a variety of sources, including:

• Government grants: The Department of Justice (DOJ) and its grant-making components, such as the National Institute of Justice (NIJ) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP), provide grants and funding opportunities specifically for drug courts and treatment courts. These grants can be used to establish new drug courts, expand existing ones, or enhance their operations.
• Private donations: Private organizations, foundations, and individuals can also provide funding for drug courts. This may involve donating directly to drug courts or contributing to organizations that support the development and expansion of drug courts, such as the National Association of Drug Court Professionals.
• Public funding: State and local governments may allocate funds towards drug courts, especially during times of budget cuts, as the drug court model offers a cost-effective way to increase the success rate of addicted offenders achieving sustained recovery, thereby improving public safety and reducing costs associated with re-arrest and incarceration.
• Research grants: Organizations such as the National Institute of Justice and the Office of Juvenile Justice and Delinquency Prevention also provide funding for research and evaluation of drug courts, which can help to further demonstrate their effectiveness and inform best practices.

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