Transcript State of New Jersey Drug Court Program

State of New Jersey
Adult Drug Court Program
New Jersey Judiciary
Administrative Office of the Courts
Stuart Rabner, Chief Justice
Glenn A. Grant, Acting Administrative Director
John P. McCarthy, Jr., Director, Trial Court Services
Drug Courts: A Brief History





Drug use in the US expanded with the crack cocaine
epidemic of the mid-1980’s; the number of drug arrests
skyrocketed
The initial Criminal Justice System response was stricter
laws that filled the US prisons
As drug use was not influenced by the new laws, court
dockets were overwhelmed and new strategies were
developed to deal with the increase
Expedited Drug Case Management, the early “Drug
Courts” dealt with case processing issues only
Even when mandated into treatment, most did not
remain
Drug Courts: A growing crisis meets
business as usual……..




The traditional adversarial system of justice, designed to
resolve legal issues, was found to be completely
ineffective at addressing drug abuse
In fact, traditional court roles actually contribute to drug
abuse by reinforcing denial (defense counsel role)
Referrals for treatment were generally made after
disposition, long after the “trauma” of arrest could be
used as a crisis point for intervention; treatment
retention rates were very low
Services were generally fragmented, supervision
caseloads overburdened and judges focused on
expediting cases and not on case outcomes
Why Drug Courts for New Jersey?





As much as 70 to 80 % of all crime in the U.S. is
committed by persons under the influence of drugs or
alcohol.1
Prison overload – Disproportionate number of minorities
in NJ prisons
Cost effective alternative to prison
Research: Coordinating treatment and supervision has
been proven to be much more effective in reducing drug
use and recidivism than treatment alone or supervision
alone
Because early outcome studies in other states indicates
there is reason for optimism
1 Drug Use Forecasting, Annual Report on Adult and Juvenile Arrestees, NIJ
The Cycle of Addiction
Substance Abuse
Crime
No
Treatment
Courts
Incarceration
Drug Courts Work to Stop this Endless Cycle
Definition of a Drug Court
Drug Courts are a highly specialized
court process that functions within
the existing Superior Court structure
to address the non-violent drug
addicted offender.
The Drug Court Team





*
Superior Court Judge
Assistant Prosecutor
Assistant Deputy
Public Defender
Private Bar
Representative*
Team Leader
Optional: Used in counties
with a high percentage of
private bar cases






Drug Court
Coordinator
Probation Supervisor
Probation Officer(s)
Substance Abuse
(TASC) Evaluator
Court Clerk
Treatment Provider(s)
Essential Elements of Drug Court







Non-adversarial process
Non-traditional courtroom dynamic
Intensive probation supervision
Frequent and random drug testing
Treatment partners with the CJS
Focus on collaboration among agencies and
other parts of the court system
Holistic approach to dealing with the drug
addicted criminal offender
Who is Eligible for Drug Court





Non-violent substance abusing offenders
N.J.S.A. 2C:35-14 applies to some cases
Drug court targets offenders who, were it
not for their substance abuse, may never
have been involved with “the system”
Applicants must be clinically assessed and
legally screened before acceptance
An applicant’s suitability for the program is
determined by the drug court team
Who is Not Eligible for Drug Court*




Offenders whose current or any other pending
charges involve a violent offense;
Offenders who have a prior conviction for a
violent crime;
Offenders motivated by profit, not addiction
Offenders who use juveniles for drug
distribution
*Other criteria apply, please refer to the State of New Jersey
Manual for Operation of Adult Drug Courts located at:
http://www.aoc.judiciary.state.nj.us/directive/dctman.pdf
New Jersey Statewide Program




5 grant funded pilot counties: Camden,
Essex, Mercer, Passaic and Union
Chief Justice asked Presiding Judges to
investigate drug courts for expansion
PJ’s report recommended drug courts as a
best practice in New Jersey
On 9/6/01, legislation was signed to
appropriate funding to implement the
statewide program (P.L. 2001, c.243)
3 Phase Implementation Project



Transfer grant funded pilots to
state funding: Camden; Essex;
Mercer; Passaic; Union
5 new court vicinages began
on 4/1/02: Bergen;
Cumberland/ Gloucester/
Salem; Monmouth; Morris/
Sussex; Ocean
Final 5 vicinages began on
9/1/04: Atlantic/Cape May;
Burlington; Hudson; Middlesex;
Somerset/Hunterdon/Warren
Drug Court Works !!!




Programs report high participant retention rates,
between 65-85%
Participants note judges’ supervision, coupled with drug
court treatment services and strict monitoring, is key to
their success
Drug courts are increasingly targeting the chronic
recidivists as well as first offenders
Many jurisdictions are adapting the adult drug court
model to juvenile populations and family matters; drug
courts are resulting in family reunifications and the birth
of drug free babies
Financial Impact of Drug Courts



Drug courts are continuing to achieve cost savings for
the justice system, particularly in the use of jail/prison
space
Incarcerating an adult for one year costs up to $37,000.
In contrast, residential substance-abuse treatment costs
an average of $14,600 and outpatient treatment costs
an average of $2,300.2
Every dollar spent on treatment leads to a $7.46
reduction in crime-related spending and lost productivity,
according to a study conducted for the Office of Nat’l
Drug Control Policy.2

2 American University, Drug Court Clearinghouse and Technical Assistance Project, Washington, DC
DC Outcomes for New Jersey




NJ retention rate is comparable to national rates*
Early re-arrest, re-conviction and re-incarceration
data provide much reason for optimism*
Drug free babies are being born, sober parents are
regaining custody of their minor children and
families are being strengthened
Participants are improving their education level,
obtaining job skills, obtaining & maintaining
employment and supporting their families.
* For latest statistics, click here
DC Benefits CJS Staff




Collaborations necessary for drug court reap
benefits in other initiatives
Focus on relationships between agencies
can improve service delivery
Focus on training for staff can educate them
in their dealings with all addicted offenders
Improved morale, job satisfaction and ability
to “make a difference”
Drug Court Network
Treatment
The Community
Office of the
Public
Defender
Prosecutor’s
Office
Drug Court
Intensive
Probation
Supervision
Vicinage
Municipal
Management
&County
Team
Government
Non-Profit &
Judicial
Social Service
Supervision
Agencies
Drug Court Related Links

http://www.ndci.org
or www.nadcp.org

http://www.american.edu/justice

http://www.whitehousedrugpolicy.org

http://www.samhsa.gov/csat

http://www.ojp.usdoj.gov.BJA

http://www.ojp.usdoj.gov/BJS