The National Association of Drug Court Professionals
Information on Drug Courts
- In the late 1980s, drug courts were
developed in response to the costly and time consuming approach
to dealing with non-violent, substance abusing offenders that
were overwhelming the criminal justice system. In contrast to
the traditional “revolving door” approach, drug courts provide
an effective solution to drug and drug-related crime through the
innovative use of comprehensive supervision, drug testing,
judicial monitoring and sanctions and incentives.
- Drug courts are the most effective means
of controlling the behavior and drug addiction of drug-using
offenders.
- A drug court is a special court that is
given the responsibility to handle cases involving drug-using
offenders through comprehensive supervision, drug testing,
treatment services and immediate sanctions and incentives. Drug
court programs bring the full weight of all interveners (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 offenders to deal
with their substance abuse problems.
- 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.
Since 1989, the drug court phenomenon has been sweeping the
nation. Currently, there are approximately 1,200 drug court
programs, with approximately 750 in existence and another 500 in
the planning stages.
- Over 300,000 persons have entered drug
court programs. Many of these programs have achieved remarkable
success in reducing the levels of drug abuse, incarceration and
criminal recidivism among drug-using offenders.
- Since the 12 original drug courts formed
the National Association of Drug Court Professionals (NADCP) in
May of 1994, the drug court field has grown to include more than
10,000 practitioners.
- Drug courts are tough on crime. Fifty-six
percent (56%) of drug court judges are former prosecutors, while
23% are former public defenders.
- As reported in the 1999 Federal Criminal
Case Processing, drug prosecutions have comprised an
increasing proportion of the federal criminal caseload - from 21%
of defendants during 1982 to 36% during 1999. (BJS, 1999)
- In 1996, drug offenders comprised a third of
all persons convicted of a felony in state courts. (BJS, 1996)
- Juveniles under age 16 were responsible for
40% (73,500) of drug law violation cases but almost 60% of
delinquency cases in 1997. (BJS, 1997)
- Drug-using offenders spend an average of
three months in jail and 24 months on probation living in our
communities. (Bureau of Justice Statistics (BJS), US Department of
Justice, 1995)
- Drug testing of arrestees at numerous jails
across the nation establishes that 66% of all arrestees test
positive for illegal drugs. (Drug Use Forecasting Study, US
Department of Justice, 1996)
·
Most drug court participants have at least a 15-year
history of drug use. (American University’s (AU) Drug Court Program
Survey, 1997)
·
The first national survey of adults on probation,
conducted in 1995, reported that 14% of probationers were on drugs
when they committed their offenses. (BJS, 1995)
·
In 1997 19% of state prisoners and 16% of federal
inmates said they committed their current offense to obtain money
for drugs. (BJS, 1997)
·
In 1998 an estimated 138,000 convicted jail inmates
(36%) were under the influence of drugs at the time of the offense.
(BJS, 2000)
·
In 1998 an estimated 61,000 convicted jail inmates
said they had committed their offense to get money for drugs. Of
convicted property and drug offenders, about 1 in 4 had committed
their crimes to get money for drugs. A higher percentage of drug
offenders in 1996 (24%) than in 1989 (14%) were in jail for a crime
committed to raise money for drugs. (BJS, 1997)
·
Eighty-seven percent (87%) of drug court programs
target individuals with moderate to severe drug abuse problems. (AU
Drug Court Survey, 1997)
- Drug offenders accounted for 72% of the
overall increase in the federal prison population between 1990 and
1996. The traditional adversarial system of justice was
ineffective at addressing the drug abuse and in some cases
actually contributed to drug problems. Extensive research
confirms that treatment is the most cost effective way to combat
drug abuse and drug-related crime. (Drug Court: A Revolution
in Criminal Justice, Drug Strategies, 1999)
- Drug courts typically require:
1.
Weekly drug testing;
2.
At least, bi-weekly personal appearances before a drug court
judge; and
3.
Personal supervision and treatment contacts at least three
times each week.
- The recently updated study from Columbia
University’s prestigious National Center on Addiction and
Substance Abuse (CASA) is the first to look at the effectiveness
of the drug court model on offenders while in a program, as
compared to other forms of community supervision. (Research on
Drug Courts: A Critical Review, 2001 Update, The National
Center on Addiction and Substance Abuse (CASA) at Columbia
University, June, 2001)
- The study concludes 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. In addition, it found
that drug use and criminal behavior are substantially
reduced while offenders are participating in drug court.
(CASA, 2001)
·
Over 70% of all drug-using offenders who have entered
drug court programs since their inception in 1989 have either
successfully completed or are currently participating in a drug
court program. (General Accounting Office, 1997)
- Less than ½ of those on probation have ever
been drug tested during their probation term. (BJS, 1995)
- Less than ¼ of all probationers currently
are being drug tested. (BJS, 1995)
- Only 45% of those probationers reporting
prior drug use are being drug tested during their first year of
probation. (BJS, 1995)
- Less than 5% of probationers are in
intensive supervision programs. (BJS, 1995)
- Overall, about 2/3 of probationers,
approximately 2 million persons, may be characterized as alcohol
or drug-involved offenders. (BJS, 1995)
- Probationers account for 58% of adults under
correctional supervision, including persons held in jails and
prisons and also on parole. (BJS, 1995)
- Less than 1/3 of those placed on probation
have a drug testing condition as part of their probation. (BJS,
1995)
- Seventy percent (70%) of drug court programs
already have probation and post-plea based programs that work with
offenders with more extensive drug usage and criminal histories
(AU Drug Court Survey, 1997)
- The research literature confirms the
importance of program retention and completion for positive
outcomes – participants “who stay in treatment longer and who
complete the program regime are more likely to have better
outcomes (reductions in drug use and criminal behavior) than
clients who drop-out of services." (National Drug Court
Institute Review, “Drug Treatment: The Case for Coercion,”
Sally Satel, MD, Vol. III, Issue I, Winter, 2000)
- "In a study comprising two models of
residential services . . . , researchers found that completion of
the treatment regime, regardless of the type of services, was the
factor affecting the reduced positive urines and arrests." (Satel,
2000).
- "...during even brief exposures to treatment
almost all addicts will use fewer drugs and commit fewer crimes
than they otherwise would, which means that almost any treatment
produces benefits in excess to cost." (Satel, 2000)
- "Beyond a 90 day threshold, treatment
outcomes improved in direct relationship to the length of time
spent in treatment, with one year generally found to be the
minimum effective duration of treatment." (Satel, 2000)
- "The second major finding was that coerced
patients tended to stay in treatment longer." (Satel, 2000)
- Drug courts generate savings in jail costs,
especially for pretrial detention. In addition, cost savings were
noted in probation, supervision, police overtime and other
criminal justice costs. (National Drug Court Institute Review,
“Research on Drug Courts: A Critical Review – 1999 Update,”
Steven Belenko, Ph.D., Vol. II, Issue II, Winter, 1999)
- In Washington, DC, a year of drug court
costs $1,800 to $4,400 per participant This compares to at least
$20,000 per year to jail an offender. (Notre Dame Law Review,
“Therapeutic Jurisprudence and the Drug Treatment Court
Movement: Revolutionizing the Criminal Justice System’s Response
to Drug Abuse and Crime in America,” Vol. 72, Issue 2, January,
1999)
- The Conference of Chief Justices and the
Congress of State Court Administrators passed a joint resolution
endorsing drug courts in 1999.
- Prior to that endorsement, the National
District Attorneys’ Association and the National Sheriffs’
Association passed resolutions in favor of drug courts.
- Researchers estimate that more than 50% of
defendants convicted of a drug possession will recidivate within 2
to 3 years. Recidivism among all drug court participants has
ranged from 5 to 28% and less than 4% for drug court graduates. (Looking
at a Decade of Drug Courts, 1999)
- President Bush stated the following:
Drug courts are an
effective and cost efficient way to keep non-violent drug offenders
commit to a rigorous drug treatment program in lieu of prison. By
leveraging the coercive power of the criminal justice system, drug
courts can alter the behavior of non-violent, low-level drug
offenders through a combination of judicial supervision, case
management, mandatory drug testing, and treatment to ensure
abstinence from drugs, and escalating sanctions. (Blueprint for
New Beginnings, February 28, 2001) |