THE DRUG COURT: A New Strategy for Drug Use Prevention

Something unusual is happening in courtrooms across the United States. Instead of sending defendants to jail, judges are handing out graduation certificates to persons once accused of committing crimes. Parents, instead of shedding tears of sorrow as they watch their children led away in handcuffs, are shedding tears of joy as they watch their children receive certificates of completion. Mothers who long ago abandoned their children for the love of cocaine are reuniting with their families. Women and men who have not worked in years and who have plagued the welfare rolls have asked their employers for the day off so that they could attend their own graduation ceremony and receive a diploma of recognition. 16 Incredible as each of these outcomes may seem, collectively these events have been experienced repeatedly nationwide. For the first time in history, Drug Treatment Courts are growing faster than Drug Prosecution Courts. The concept of Drug Treatment Court is relatively new and is an innovative response by local communities to deal with the escalation of criminal activity associated with substance abuse. The frequency of repeated offenses by drug users, the overcrowding of jail space, and a diminishing sense of community well-being contributed to the impetus to look for a new approach by the criminal justice system—the creation of Drug Treatment Courts. Initial results are encouraging. According to the Department of Justice, participants in Drug Treatment Court have substantially reduced drug use, and those who graduate from the program (ranging from 50% to 65%) stop using drugs altogether. 14 Perhaps the best testimony of the Drug Court experience comes from a recent graduate, 5 "If it were not for the Drug Court Treatment program, I am certain I would not be alive today. I am certain that my 15-month-old twin boys would not be healthy and happy with a sober mom who is always there for them. I now have 16 months clean. The road to recovery has not been an easy one, but it has been worth it." The first Drug Court was created in 1989 in Miami, Dade County, Florida. It was formed on the part of leaders within the criminal justice system, such as judges, the state attorney, the public defender, and pre-trial services, as well as community leaders and local treatment agencies. This pioneer Drug Diversion Treatment Court followed a "carrot and stick" approach in which the defendant was given the opportunity for self-improvement and drug treatment with the possibility of having prosecution of the charges suspended and then sealed upon successful graduation from the Drug Court program. 6 The alternative was made manifest to the defendant early in the process. The individual was advised that, inherent in the decision to enter the Drug Court treatment program, there was the potential for immediate incarceration if and when the parameters of the program were violated. Using the Dade County experience as a model, efforts were made to educate the public about alternative approaches to nonviolent crime associated with substance abuse. Early pioneers of this concept have noted that community education is the single most challenging aspect of the Drug Court start-up phase. Despite reassurance that treatment courts are indeed able to reduce the rates of recidivism, the inexperienced community often will have a difficult time relinquishing its "tough on crime" mind set. The Rochester experience during the Drug Court start-up phase was no different in this regard. The community wanted something done about crime but did not necessarily want to spend money on treatment for criminals.