What are drug courts?

Over 1 million people are arrested annually in the United States for drug-related offenses¹. Many of the people in the criminal justice system use drugs, and an estimated 65% of the U.S. prison population has an active substance use disorder (SUD)².

There are many criticisms of how the criminal justice system handles substance dependency. Advocates argue the system could do more to help those dealing with substance use disorders, both within prisons and when setting people up to re-enter society. One solution is to send some participants to drug courts rather than through the traditional legal system.

So, what is a drug court, and is it an effective way to address SUDs in the justice system? Explore the ins and outs of the drug court program below.

The history of drug courts

The idea for drug courts started to take off in the late 1980s in Florida when Miami established one in response to the crack cocaine epidemic³. The number of drug-related court cases in the area was rising dramatically, and using drug courts instead of traditional law enforcement policies alone was a way forward³.

But what does drug court mean, exactly?

A drug court is a specialized legal program in which the court intervenes to offer an alternative to incarceration and help participants recover from SUDs⁴. Different entities must work together within this system, including the defense, prosecution, judges, community corrections, social workers, and treatment professionals. Individuals from these groups come together to form multidisciplinary, non-adversarial teams that generally manage the drug courts⁵. Community members, law enforcement officers, and family members can also participate in hearings and attend graduation to be part of the process⁵.

After Miami established its drug court, the practice quickly expanded to other jurisdictions. Visalia, California, was the first jurisdiction to open a juvenile drug court in 1995⁶. As of 2020, there are over 4,000 drug courts across the United States⁶. These include adult and juvenile drug courts as well as more specialized courts for DUI/DWI, mental health, and family treatment⁶.

How drug courts work

Drug courts may function slightly differently from one another and have different target populations⁵. However, most target criminal defendants who would otherwise have to go through the traditional criminal justice system for drug-related offenses.

Those who agree to participate in the drug court model must go through substance abuse treatment, agree to stop using drugs, and submit to drug testing and court supervision⁵. They may also have to fulfill legal responsibilities related to the offenses they committed, such as paying back stolen funds. The participants gain access to the treatment they need and avoid jail sentences if they successfully complete the program. They may even have their criminal offenses expunged or dismissed from their official records⁶.

Drug court eligibility

To be eligible for the drug court system rather than traditional prosecution, participants must generally meet the following eligibility requirements:

• Substance dependency treatment
• At least 18 years old (or going through juvenile drug court)
• Charged with a misdemeanor or non-violent felony related to substance dependency.

Each district may set further eligibility rules for participating in drug court. For example, the District of Columbia also requires that the participant have no current or pending charges involving a victim and no prior convictions for victim-involved crime in the past 10 years⁷.

Participants pursuing drug court will go through a screening after their arrest to determine whether they need substance dependency treatment. During this screening, professionals will assess the participant’s risks, needs, and responsivity.

Goals and priorities of a drug court

The goal of drug courts is to help those dealing with substance dependency and prevent criminal activity related to substance use. When executed correctly, they also reduce the administrative burden and cost of processing these offenders through the traditional court system⁴. The key question, however, is whether the drug courts are succeeding in accomplishing these goals.

Drug courts measure results through crucial metrics, including⁸:

• Graduation rates: How many participants successfully graduate from the program
• Criminal recidivism: The percentage of program participants who go on to commit more crimes
• Recurrent Opioid Use: The percentage of program participants who start using drugs again

The programs aim to keep criminal recidivism and recurrent opioid use as low as possible while maximizing graduation rates.

Critical review of drug courts

Although there are numerous pros to the drug court system — keeping criminal recidivism and illicit substance abuse numbers low, which, in turn, saves taxpayers money⁹ — there are still concerns.

Not all drug courts operate the same way. Some don’t take ethnic and racial differences into account or proactively look for ideal participants⁹. Some completely miss the mark by prohibiting medication-assisted treatment⁹ or using coercive measures for compliance¹⁰ and punitive tactics¹¹ (termination of treatment) when recurrent opioid use occurs. In short, these hurdles lead to individuals not getting the help they need.

Drug courts vs. traditional courts

So, do drug courts succeed in helping participants with substance use disorders and preventing criminal activity?

Studies have shown that individuals who go through drug courts have lower rates of criminal recidivism than those who go through the traditional legal system¹². They are less likely to commit either drug- or non-drug-related criminal offenses than non-participants.

Another study found that drug courts significantly reduced costs compared to the traditional criminal justice system. For each participant in the drug court program, processing and treatment costs were over $1,000 lower¹³. When you factor in reduced recidivism and victimization costs, the public saved over $12,000 per drug court participant¹³.

Federal re-entry programs

Previously incarcerated individuals experiencing drug dependency may interact with drug courts as part of a re-entry program. At the residential re-entry centers (RRCs), sometimes called halfway houses, these inmates can receive employment counseling and other services, including SUD treatment, in a safe, supervised environment. Having this structured transition can reduce the likelihood of recurrent opioid use and criminal recidivism.

Internationally tested solutions

Other countries have adapted the drug court model to fit their legal and social contexts. Some factors that increase the success of drug courts, both in the U.S. and abroad, include:

• Community support and involvement
• Clear communication about what drug courts involve
• Emphasis on long-term treatment over punishment

In Jamaica, for example, researchers attributed the strength of the country’s drug court program to the community’s involvement in offering support and information¹⁴. The country (and others) could further strengthen the drug court system with greater consistency in its judicial decisions¹⁴.

Increasing access to substance abuse treatment

Getting substance abuse treatment through drug courts can be an appealing option for those facing arrest or imprisonment who are also dealing with SUDs. Everyone deserves access to substance dependency treatment, regardless of their status in the criminal justice system.

Ophelia is committed to expanding access to treatment for opioid use disorder through affordable, personalized telehealth care. Explore treatment options today.