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Criminal-Defense Articles > Drug Courts

Drug Courts

A drug court can be defined as "a special court given the responsibility to handle cases involving drug-addicted offenders through an extensive supervision and treatment program.

Drug court participants undergo long-term treatment and counseling, sanctions, incentives, and frequent court appearances. Successful completion of the treatment program results in dismissal of the charges, reduced or set aside sentences, lesser penalties, or a combination of these. Most importantly, graduating participants gain the necessary tools to rebuild their lives.

Because the problem of drugs and crime is much too broad for any single agency to tackle alone, drug courts rely upon the daily communication and cooperation of judges, court personnel, probation, and treatment providers.

Drug courts vary somewhat from one jurisdiction to another in terms of structure, scope, and target populations, but they all share three primary goals: (1) to reduce recidivism,
(2) to reduce substance abuse among participants, and
(3) to rehabilitate participants.

Achieving these goals requires a special organizational structure. Specifically, the drug court model includes the following key components:

  • Incorporating drug testing into case processing.
  • Creating a non-adversarial relationship between the defendant and the court.
  • Identifying defendants in need of treatment and referring them to treatment as soon as possible after arrest.
  • Providing access to a continuum of treatment and rehabilitation services.
  • Monitoring abstinence through frequent, mandatory drug testing.
  • Establishing a coordinated strategy to govern drug court responses to participants' compliance.
  • Maintaining judicial interaction with each drug court participant.
  • Monitoring and evaluating program goals and gauging their effectiveness.
  • Continuing interdisciplinary education to promote effective drug court planning, implementation, and operations.
  • Forging partnerships among drug courts, public agencies, and community-based organizations to generate local support and enhance drug court effectiveness.
The first drug court was implemented in 1989 in Miami, Florida when Judge Herbert M. Klein, troubled by the disabling effects that drug offenses were wreaking upon Dade County courts, became determined to "solve the problem of larger numbers of people on drugs." The court became a model program for the Nation.

Indeed, the outbreak of drug courts in recent years has been extraordinary. As of May 2004, there were 1,160 drug courts operating in all 50 States, the District of Columbia, Puerto Rico, Guam, and 2 Federal Districts. Another 517 drug courts programs were in the planning stages.

An important force behind the drug court movement was the Violent Crime Control and Law Enforcement Act of 1994, which called for Federal support for planning, implementing, and enhancing drug courts for nonviolent drug offenders. Between 1995 and 1997, the U.S. Department of Justice, Office of Justice Programs, through its Drug Courts Program Office (DCPO), provided $56 million in funding to drug courts.

The drug court model has paved the way for the latest criminal justice innovation- therapeutic jurisprudence. A number of jurisdictions are developing special dockets, modeled after the drug court format. Courts and judges have become more receptive to new approaches, resulting in a proliferation of problem-solving courts, including DUI courts, domestic violence courts, mental health courts and re-entry courts.

Further reading resources

Drug Court Facts
Drug courts represent the coordinated efforts of the judiciary, prosecution, defense bar, probation, law enforcement, mental health, social service, ...

National Drug Court Institute
National Association of Drug Court Professionals and National Drug Court Institute.

Office of National Drug Control Policy - Drug Courts
Drug court diverts non-violent, substance abusing offenders from prison and jail into treatment. By increasing direct supervision of offenders, ...

Drug court - Wikipedia, the free encyclopedia
Drug courts are specialized courts designed to handle cases involving offenders who abuse addictive substances. The judiciary, prosecution, defense bar, ...

NCJRS - National Criminal Justice Reference Service - In the Spotlight
Provides information on the topic of drug courts, including links to publications, statistics, legislation, training opportunities, and other resources.

Welcome to NADCP and NDCI
National Association of Drug Court Professionals and National Drug Court ... Drug Court Funding · 2008 NADCP Annual Training Conference ? St. Louis, MO ...

What Are Drug Courts & Why Do We Need Them?
With over 2000 drug courts in existence or being planned, there is a great deal of bi-partisan interest in drug courts across the nation. ...

Drug Court Programs
The mission of drug courts is to stop the abuse of alcohol and other drugs and related criminal activity. Drug courts are a highly specialized team process ...

Kentucky: Court of Justice - Overview
Drug Court Program has been helping people rid their lives of the influence of ... Drug Court is a supervised program that successfully combines a strong ...

Programs: Drug Court Discretionary Grant Program
Note: This solicitation is for adult drug courts only. The Office of Juvenile Justice and Delinquency Prevention administers and funds juvenile and family ...

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