Design of a Drug Court System

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Table of Contents

Introduction
Discussion
Works Cited

Introduction

The concept, principle and practice of Drug Court across the United States provide a paradigm shift from the traditional process of imposing penalties and jail sentences on offenders. More studies have proven the effectiveness of drug courts in reducing offender recidivism and also in reducing the costs of maintaining penal institutions for offenders.

The popularity of drug courts has been primarily due to reports by studies and researchers that there have been reductions in recidivism by offenders. Empirical evidence points to the successes of drug courts across many counties in the United States.

Judges play a significant role in the implementation of drug courts, while offenders are also held accountable for their actions in following the programs and sanctions imposed upon them. Offenders have to comply with the rules and processes of the Drug Court.

Offenders have a strong incentive in being members of the Drug Court in that they have the prospect of avoiding being in jail for as long as they abide by the rules and cooperate in the success of the program. The Drug Court serves as a program to divert offenders from the traditional way of incarceration or being admitted in a correctional facility. (Goldkamp qtd. in Sanford and Arrigo 251)

The Drug Court System has also been used in administering juvenile justice. In a study by the Department of Justice, it was found that in 1999, juvenile offenders accounted for 11% of drug use offenders (U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention, 2001 qtd. in Sanford and Arrigo 251).

Juvenile drug courts have also been introduced in line with the concept of adult drug courts due to the increasing successes of drug courts. Empirical evidence also shows significant successes of juvenile drug courts. (Hiller et al. 1)

Discussion

Proposing a Drug Court is by the current number of drug addicts in the community. Currently, there are more drug addicts than it was 3-5 years ago when our children used to roam around the neighborhood without the parents having to think about them.

Upon consultation with the various sectors and agencies involved in the criminal justice promotion, the following is a detailed plan of a Drug Court for the community.

The Drug Court Management Team

Members of the Drug Court Management Team have a big role to play in this practice. Their findings and inputs are the basis for the judge’s decision of the Drug Court and regarding the status of the offender. All in all, they shape the proceedings of the Drug Court program.

The Drug Court Team will be composed of the prosecuting attorney and defense attorney, treatment providers who will come from the Community Rehabilitation Center, the probation officer, and the local law enforcement unit. (Huddleston and Marlowe 7)

Duties and Responsibilities of the Drug Court

With the Judge as Presiding Officer, the Drug Court shall hold regular status hearings, and this must be with the attendance of the prosecutor, defense counsel, treatment providers and other members of the Drug Court.
During the first few months of the Drug Court, status hearings shall be done frequently, at least on a bi-weekly basis.
Random drug testing shall also be done twice a week.
Rewards should be provided by the Management Team to offenders who are making good progress in their treatment and performance.

The Participants

Eligible participants are drug and alcohol dependents. Drug addicts will be screened by the Management Team. Mostly, recommendations will come and will be subsequently accepted after screening from law enforcement and treatment providers.

Participants will be required to submit themselves for drug and alcohol testing regularly, but the process will be randomly done by the Management Team, particularly the treatment providers.

The Judge

The judge plays an important role in the Drug Court and is a pivotal figure in the drug court management team. His/her decision will be unprecedented in contemporary criminal justice proceedings. The judge shall have the dual role as ‘formal and informal activist in the drug court model’ (Sanford and Arrigo 249).

The judge shall have the full authority to see that programs are enforced. Without the judge’s able leadership and authority, the Drug Court’s effectiveness and power will be lost.

The judge can impose penalties and rewards depending on the progress of the participants. Rewards may be in the form of ‘reduced supervision’, gifts, or modification of treatment.

The Process

Funding for this program of a Drug Court will come from state coffers and from judicial funding. This program drug court program will also be used as a court for juvenile offenses and problem-solving court. Juvenile offenses are drug-related crimes that involved burglary and simple theft.

The existing Department of Justice process for drug court formation will be applied in this respect, including the unique structure, guidelines, and the use of judicial resources. The local government shall help in providing resources for this implementation. The duration of this Drug Court Team will last for one year or upon recommendation of the Team and as the need arises.

The Drug Court will bring together the efforts of the various community-based services and agencies involved in treating and rehabilitating the participants. Rather than the adversarial method of reforming offenders, the Court will aim to treat and rehabilitate participants and reduce the percentage of recidivism. Offenders will have the incentive of not being in jail for the duration of the program and as long as they do not violate the rules set forth by the judge and the Management Team.

The judge will assume a central leadership role and will have the discretion over the cases submitted under supervision and study by the Management Team (Goldkamp qtd. in Sanford and Arrigo 248). The participant or offender will be held responsible for his actions and will promptly report or make himself available during judicial status hearings, drug screening tests, and other schedules provided by the team such as counseling and treatment.

There will be sanctions whenever the offender cannot comply with the standards and conditions imposed by the Drug Court.

The Drug Court Management Team, which is composed of the judiciary, courtroom workgroup, and service providers, shall provide the necessary means to make the proceedings of the Court effective. The composition of the team that includes probation officers, treatment providers, and other nonjudicial members, is a departure from normal court and adjudication proceedings.

The Drug Court shall have the ability to shape the outcomes of the processes by providing programs, procedures, and goals that would meet the requirements for effective implementation. The principle to be followed in the processes is to create a courtroom workgroup that will be composed of the representatives of the community-based service agencies including treatment providers and probation officers.

The drug court management team will provide the basis for a final decision to be delivered by the judge who is the final decision authority. In other words, the team’s feedback, information, screening and test results on offenders will be the judge’s basis for the decision. (Olson et al., qtd. in Sanford and Arrigo 248)

Judicial status hearings are another important part of the Court proceeding. It is assumed, and further supported by studies of the past (Sanford and Arrigo), that constant status hearing will result in the detection and infractions so that sanctions can be instituted upon the offenders. A study conducted in Portland and Las Vegas drug court systems by Goldkamp et al. (qtd. in Sanford and Arrigo 249), found that sanctions, drug court appearances, and treatment were important in the successful implementation of drug court programs.

Treatment will be an integral part of the Drug Court model and the offender will be held accountable for the progress of the treatment.

The Drug Treatment Services

Drug treatment services are an important part of the process, in fact, a central component of the Drug Court program. Service providers and rehabilitation centers will determine if an offender deserves treatment and if so needed, necessary procedures should be undertaken to benefit the offender.

Drug treatment will be administered depending upon the individual needs of the offender.

Sanctions

The judge will have the absolute power to impose sanctions based upon findings by the Drug Court Management Team. The members of the team including the probation officer, treatment service provider, and judicial court members will regularly report any violation of the offender. Sanctions will depend on the degree of violation and this can be brief jail detention, community service, or other light punishment that will be decided by the judge. If the offender becomes a recidivist, heavier penalties, such as jail detention, will be imposed.

Works Cited

Hiller, Matthew et al. A Multisite Description of Juvenile Drug Courts: Program Models and During-Program Outcomes. International Journal of Offender Therapy and Comparative Criminology, Web.

Huddleston, West and Marlowe, Douglas. Painting the Current Picture: A National Report on Drug Courts and Other Problem-Solving Court Programs in the United States. National Drug Court Institute, Bureau of Justice Assistance, U.S. Department of Justice, 2011.

Sanford, J. Scott and Arrigo, Bruce A. Lifting the Cover on Drug Courts: Evaluation Findings and Policy Concerns. International Journal of Offender Therapy and Comparative Criminology, 2005.

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