Facts on Drug Court

What are Drug Courts & Why Do We Need Them?

A drug court is a special court given the responsibility to handle cases involving drug-using offenders through comprehensive supervision, drug testing, treatment services and immediate sanctions and incentives. Drug courts ensure consistency in judicial decision-making and enhance the coordination of agencies and resources, increasing the cost of effectiveness of programs.

Do Drug Courts Work?

In 2001, Columbia University’s National Center on Addiction and Substance Abuse (CASA) conducted an update study of the seminal 1998 review of drug court research and evaluations. It finds that drug courts continue to provide the most comprehensive and effective control of the drug-using offenders’ criminally and drug usage while under the court’s supervision. The revised study, based on a review of 37 evaluations, finds that their results are consistent with the 1998 analysis and the 2001 update based on 48 other evaluations finding that “drug courts provide closer, more comprehensive supervision” and that “drug use and criminal behavior are substantially reduced while offenders are participating in drug court.” In fact, the average recidivism rate for those who complete the drug court program is between four and 29% as compared to 48% for those who do not participate in a drug court program.

Who Is Eligible For Drug Court?

Nationally drug courts started out as diversionary programs dealing with less serious offenders, typically charged with simple possession or under the influence charges. As drug courts have proven their effectiveness in controlling both the drug usage and criminality of drug-using offenders, communities have successfully expanded drug court programs to probationers, including drug-using offenders charged with non-drug offenses. American University’s Drug Court Clearinghouse reports that 70% of drug courts now include probation-based or post-plea programs, and the typical participant has at least a 15 year history of drug use. Champaign County Drug Court is a post-plea program.

Are Drug Court Programs "Soft On Crime"?

Drug courts across the country control participants’ drug usage and activity through: frequent drug testing, intensive supervision, judicial monitoring, and immediate sanctions that include terms of incarceration to respond to program violations. This same population unless sent to the penitentiary currently receives little jail time, supervision, drug testing or treatment, giving these offenders little reason to change their behavior. Drug courts also provide incentives to participants who comply with program requirements; reducing terms of probation, treatment, conditions, program fees and other innovation rewards.

Drug Court Programs Are Needed For All Drug-Using Offenders Who Are On Probation And Living In Our Community.

The most serious offenders typically are sent to state prisons. Offenders who are not sent to prison are placed on probation which could include up to 6 months in jail. The fact is, however, that drug using offenders spend an average of 24 months on probation supervision but only three months in jail (Bureau of Justice Statistics, 1995). Once released from jail and placed on probation, the drug using offender receives little in the way supervision, drug testing, or judicial monitoring. Typically overburdened probation staff provides, at most, supervision contacts and a drug tests once a month, with no significant judicial monitoring. Contrast that with the weekly judicial monitoring by the drug court judge, weekly supervision by probation officers and almost daily treatment sessions and multiple weekly drug testing of most drug court participants. (American University, Drug Court Survey, 1997).