New Jersey JudiciaryNew Jersey Judiciary

Overview of the Adult Overview of the Adult Drug Court ProgramDrug Court Program

Presentation to the New Jersey Presentation to the New Jersey Commission to Review Criminal SentencingCommission to Review Criminal Sentencing

February 15, 2006February 15, 2006

Definition of a Drug CourtDefinition of a Drug Court

Drug Courts are a highly Drug Courts are a highly specialized court process that specialized court process that functions within the existing functions within the existing Superior Court structure to Superior Court structure to address the nonviolent drug address the nonviolent drug addicted offender.addicted offender.

Essential Elements of a Drug Court Essential Elements of a Drug Court Nonadversarial processNonadversarial process Nontraditional courtroom dynamicNontraditional courtroom dynamic Intensive probation supervisionIntensive probation supervision Frequent and random drug testingFrequent and random drug testing Treatment partners with the CJSTreatment partners with the CJS Focus on collaboration among agencies Focus on collaboration among agencies

and other parts of the court systemand other parts of the court system Holistic approach to dealing with the Holistic approach to dealing with the

drug addicted criminal offenderdrug addicted criminal offender

The Drug Court TeamThe Drug Court Team

• Superior Court Judge

• Assistant Prosecutor

• Assistant Deputy

Public Defender

• Drug Court

Coordinator

• Team Leader

• Substance Abuse

(TASC) Evaluator

• Treatment Provider(s)

• Probation Supervisor

• Probation Officers

How is Drug Court Different?How is Drug Court Different? Traditional Court

Event-oriented Offense-specific

• Determination of guilt and sentencing are the end of the process

• Process identical for all offenders

• Judicial interaction exists primarily with the representatives of the parties

• Responsibility equals atonement and punishment

• Post-adjudication monitoring is designed to enforce conditions and uncover violations

  

 

•Judge is the neutral agent among various competitors

•Legal history supporting this system is approx. 400 years old; change is difficult

How is Drug Court Different?How is Drug Court Different?Drug CourtDrug Court

Process-oriented Behavior-specificProcess-oriented Behavior-specific• Identification of addiction and referral to drug court is the Identification of addiction and referral to drug court is the

beginning of the processbeginning of the process• Process is focused on the individual offenderProcess is focused on the individual offender• Judicial interaction exists directly with the offenderJudicial interaction exists directly with the offender• Responsibility equals behavioral changes designed to reduce Responsibility equals behavioral changes designed to reduce

conflict by reducing addictive behaviorconflict by reducing addictive behavior• Post-adjudication monitoring is designed to reinforce treatmentPost-adjudication monitoring is designed to reinforce treatment• Judge is an active participant in the partnership Judge is an active participant in the partnership

between the offender and the teambetween the offender and the team• Legal history supporting this systems Legal history supporting this systems

is 10 years old; change is relatively easyis 10 years old; change is relatively easy

TRADITIONAL TRADITIONAL PROBATIONPROBATION

DRUG COURTDRUG COURT

Judge involved post-Judge involved post-disposition only w/ VOPsdisposition only w/ VOPs

Post-dispositional judicial Post-dispositional judicial oversightoversight

Traditional probation Traditional probation caseloads avg. 108 caseloads avg. 108 casescases

Intensive probation Intensive probation Supervision (max. 50 Supervision (max. 50 cases)cases)

Probation is sole agencyProbation is sole agency Multi-disciplinary teamMulti-disciplinary team

Drug testing is limited Drug testing is limited

(ie: once per month)(ie: once per month)Frequent and random Frequent and random drug testing (ie: 2x/wk)drug testing (ie: 2x/wk)

Only court sanction is in Only court sanction is in response to a VOPresponse to a VOP

Swift sanctions imposed Swift sanctions imposed by the Drug Court judgeby the Drug Court judge

Probation case plansProbation case plans Comprehensive Comprehensive treatment planstreatment plans

Compliance monitoringCompliance monitoring Recovery supportRecovery support

Eligibility Determination: Eligibility Determination: A two-step processA two-step process

Applicants must be legally screened and Applicants must be legally screened and clinically assessed before acceptanceclinically assessed before acceptance

LEGAL ELIGIBILITY – Prosecutor’s LEGAL ELIGIBILITY – Prosecutor’s recommendation on legal acceptabilityrecommendation on legal acceptability

CLINICAL ELIGIBILITY – TASC Evaluators CLINICAL ELIGIBILITY – TASC Evaluators conduct a clinical assessment of conduct a clinical assessment of substance abuse dependency and substance abuse dependency and appropriate treatment recommendationsappropriate treatment recommendations

Offense Convictions of DC Offense Convictions of DC ParticipantsParticipants

93% of participants would have 93% of participants would have received a sentence in NJ state received a sentence in NJ state prison were it not for drug court.prison were it not for drug court.

25% of prison-bound, direct-sentence 25% of prison-bound, direct-sentence participants were convicted of school participants were convicted of school zone offenses.zone offenses.

64% of prison-bound, direct-sentence 64% of prison-bound, direct-sentence participants were convicted of a drug participants were convicted of a drug offense.offense.

Statutory ProvisionsStatutory Provisions N.J.S.AN.J.S.A. 2C:35-7 - The mandatory minimum . 2C:35-7 - The mandatory minimum

exposure provided Drug Courts with the exposure provided Drug Courts with the “hammer” of coercive treatment“hammer” of coercive treatment

N.J.S.AN.J.S.A. 2C:35-14 provided some school zone . 2C:35-14 provided some school zone offenders with the opportunity to enter drug offenders with the opportunity to enter drug court, however, court, however,

The restrictions of the statute severely limit The restrictions of the statute severely limit the impact on urban and minority offendersthe impact on urban and minority offenders

Many prosecutors are now applying the Many prosecutors are now applying the provisions to non-school zone cases, further provisions to non-school zone cases, further restricting the applicant pool for drug courtrestricting the applicant pool for drug court

N.J.S.AN.J.S.A. 2C:35-14. 2C:35-14

STATUTORY RESTRICTIONSTATUTORY RESTRICTIONDefendants with 2 or more priors of 1Defendants with 2 or more priors of 1stst, 2, 2ndnd

and 3and 3rdrd Degree except simple possession Degree except simple possessionIMPACT ON DRUG COURTIMPACT ON DRUG COURT Many drug offenders who may be ready Many drug offenders who may be ready

to try sobriety have multiple priors due to try sobriety have multiple priors due to the nature of addictionto the nature of addiction

Those who are eligible tend to be Those who are eligible tend to be younger and are more difficult to treat in younger and are more difficult to treat in drug courtdrug court

N.J.S.AN.J.S.A. 2C:35-14. 2C:35-14

STATUTORY REQUIREMENTSTATUTORY REQUIREMENTDefendants must complete a minimum of 6 Defendants must complete a minimum of 6

months in residential treatmentmonths in residential treatmentIMPACT ON DRUG COURTIMPACT ON DRUG COURTEliminates the alternative sentence for Eliminates the alternative sentence for

offenders who are unsuitable for residential offenders who are unsuitable for residential treatmenttreatment

Defendants with a less severe addictionDefendants with a less severe addiction Defendants not acceptable to residential Defendants not acceptable to residential

providers (physically handicapped)providers (physically handicapped) Wastes residential beds that could be used Wastes residential beds that could be used

for addicts needing that level of carefor addicts needing that level of care

N.J.S.AN.J.S.A. 2C:35-14. 2C:35-14

STATUTORY REQUIREMENTSTATUTORY REQUIREMENT

Defendants on “Special Probation” must serve Defendants on “Special Probation” must serve full five years with no early dischargefull five years with no early discharge

IMPACT ON DRUG COURTIMPACT ON DRUG COURT Five year provision is a deterrent to many Five year provision is a deterrent to many

offendersoffenders Eliminates a powerful incentive to do wellEliminates a powerful incentive to do well Diverts probation resources that could be Diverts probation resources that could be

used for high risk offenders in early recovery used for high risk offenders in early recovery

Unintended ConsequencesUnintended Consequences Since 4/1/02, 1,109 nonviolent drug offenders Since 4/1/02, 1,109 nonviolent drug offenders

have been rejected from participation in Drug have been rejected from participation in Drug Court due to “statutory” reasons; many would Court due to “statutory” reasons; many would have been otherwise eligible for drug court have been otherwise eligible for drug court (66% of these applicants are minorities).(66% of these applicants are minorities).

Since 4/1/02, 221 non-violent substance Since 4/1/02, 221 non-violent substance dependent offenders have been rejected from dependent offenders have been rejected from participation in Drug Court because they were participation in Drug Court because they were not addicted enoughnot addicted enough to be suitable for 6 to be suitable for 6 months of residential treatment (68% of these months of residential treatment (68% of these applicants are minorities).applicants are minorities).

How do we Successfully Address the Drug-Addicted

Offender?

PunishmentTreatment

What if we put them in What if we put them in prison?prison?

Criminal Recidivism*Criminal Recidivism* 43.5 are rearrested within 1 year43.5 are rearrested within 1 year

58.6 are rearrested within 2 years 58.6 are rearrested within 2 years

Relapse to Drug Abuse**Relapse to Drug Abuse** 85% relapse within first year85% relapse within first year 95% relapse within 3 years95% relapse within 3 years

*National Institute of Justice

** National Institute of Health

NJ has the highest known proportion of NJ has the highest known proportion of prisoners incarcerated for drug offenses in prisoners incarcerated for drug offenses in the country (36% compared to the national the country (36% compared to the national average of 20%); 63% of inmates in New average of 20%); 63% of inmates in New Jersey state prisons are African American.Jersey state prisons are African American.

NJ spends more to incarcerate drug offenders NJ spends more to incarcerate drug offenders than a third of the country’s states spend on than a third of the country’s states spend on

their entire corrections budget.their entire corrections budget.

Traditional criminal justice system responses Traditional criminal justice system responses to drug offenders have been ineffective in to drug offenders have been ineffective in breaking the cycle of drugs and crime. NIJ breaking the cycle of drugs and crime. NIJ

estimates that 43.5% of drug offenders are estimates that 43.5% of drug offenders are rearrested in the first year of their release; rearrested in the first year of their release;

58.6% within the second year. 58.6% within the second year.

The Problem

Why Drug Courts for New Jersey?Why Drug Courts for New Jersey? Drug Courts address drug offender recidivism by Drug Courts address drug offender recidivism by

dealing with the underlying problem: dealing with the underlying problem: drug addiction.drug addiction.

36% of New Jersey’s inmate population consists of drug 36% of New Jersey’s inmate population consists of drug offenders – 80% higher than the national average.offenders – 80% higher than the national average.

Drug Courts are a cost effective alternative to prison.Drug Courts are a cost effective alternative to prison.

Coercive treatment works. Coercive treatment works.

Coordinating treatment and supervision has been Coordinating treatment and supervision has been proven to be much more effective in reducing proven to be much more effective in reducing drug use and recidivism than treatment alone or drug use and recidivism than treatment alone or supervision alone.supervision alone.

““The Judge Effect”The Judge Effect”11

Research indicates high-risk offenders do Research indicates high-risk offenders do appreciably better under judicial supervision.appreciably better under judicial supervision.22

80% of participants generally believe that the 80% of participants generally believe that the involvement of the drug court judge is critical involvement of the drug court judge is critical to their success in the program.to their success in the program.

Research suggests that subjects that are Research suggests that subjects that are legally coerced into treatment perform as legally coerced into treatment perform as well or better than voluntary admissions.well or better than voluntary admissions.33

11 Satel, S.,” Study of Courtroom Dynamics In Selected Drug Courts,” Satel, S.,” Study of Courtroom Dynamics In Selected Drug Courts,” National Drug Court Institute Review.National Drug Court Institute Review. Vol. Vol. 1:1 (1998).1:1 (1998).

22 Marlowe, D. “Are Judicial Status Hearings a Key Component of Drug Court? Six and twelve month outcomes,” Marlowe, D. “Are Judicial Status Hearings a Key Component of Drug Court? Six and twelve month outcomes,” Drug and Alcohol DependenceDrug and Alcohol Dependence, 79 (2005)., 79 (2005).

33 Farabee, C. “Efficacy of coercion in substance abuse treatment,” Farabee, C. “Efficacy of coercion in substance abuse treatment,” Relapse and Recovery in AddictionsRelapse and Recovery in Addictions pp 208- pp 208-227 (2001).227 (2001).

Eligibility for Drug CourtEligibility for Drug Court

Non-violent substance abusing Non-violent substance abusing offenders charged with a criminal offenders charged with a criminal offense in the Superior Courtoffense in the Superior Court

Drug court targets offenders who, were Drug court targets offenders who, were it not for their substance abuse, may it not for their substance abuse, may never have been involved with the never have been involved with the criminal justice systemcriminal justice system

Who is Not Eligible for Drug Court*Who is Not Eligible for Drug Court* Offenders whose current or any other Offenders whose current or any other

pending charges involve a violent offense;pending charges involve a violent offense; Offenders who have a prior conviction for Offenders who have a prior conviction for

a violent crime;a violent crime; Offenders motivated by profit, not Offenders motivated by profit, not

addiction;addiction; Offenders who use juveniles for drug Offenders who use juveniles for drug

distribution.distribution.

*Other criteria apply. Please refer to the State of New Jersey *Other criteria apply. Please refer to the State of New Jersey Manual for Operation of Adult Drug Courts at: Manual for Operation of Adult Drug Courts at:

http://www.aoc.judiciary.state.nj.us/directive/dctman.pdfhttp://www.aoc.judiciary.state.nj.us/directive/dctman.pdf

New Jersey Statewide ProgramNew Jersey Statewide Program 5 grant funded pilot counties: Camden, 5 grant funded pilot counties: Camden,

Essex, Mercer, Passaic and UnionEssex, Mercer, Passaic and Union Chief Justice asked Presiding Judges to Chief Justice asked Presiding Judges to

investigate drug courts for expansioninvestigate drug courts for expansion PJ’s report recommended drug courts as a PJ’s report recommended drug courts as a

best practice in New Jerseybest practice in New Jersey On 9/6/01, legislation was signed to On 9/6/01, legislation was signed to

appropriate funding to implement the appropriate funding to implement the statewide program (P.L. 2001, c.243)statewide program (P.L. 2001, c.243)

The NJ Adult Drug Courts began operating The NJ Adult Drug Courts began operating as a “statewide program” on 4/1/02.as a “statewide program” on 4/1/02.

3 Phase Implementation Project3 Phase Implementation Project September, 2001: Transfer September, 2001: Transfer

grant funded pilots to state grant funded pilots to state funding: Camden; Essex; funding: Camden; Essex; Mercer; Passaic; UnionMercer; Passaic; Union

5 new court vicinages began 5 new court vicinages began on 4/1/02: Bergen; on 4/1/02: Bergen; Cumberland/ Gloucester/ Cumberland/ Gloucester/ Salem; Monmouth; Morris/ Salem; Monmouth; Morris/ Sussex; OceanSussex; Ocean

Final 5 vicinages began on Final 5 vicinages began on 9/1/04: Atlantic/Cape May; 9/1/04: Atlantic/Cape May; Burlington; Hudson; Burlington; Hudson; Middlesex; Middlesex; Somerset/Hunterdon/WarrenSomerset/Hunterdon/Warren

Drug Court NetworkDrug Court Network

The Community

Office of the Public

Defender

Municipal &County

GovernmentNon-Profit &

Social Service Agencies

Judicial Supervision

Vicinage Management

Team

Intensive Probation

Supervision

Prosecutors/Law Enforcement

Treatment

Drug Court

What are the benefits of What are the benefits of participation in the NJ Adult participation in the NJ Adult

Drug Court Program?Drug Court Program?

NJ Adult Drug CourtsNJ Adult Drug Courts

No. of Current Active Participants: No. of Current Active Participants: 2,2562,256 Percent of Minority Participants:Percent of Minority Participants: 64% 64% No. of Program Graduates:No. of Program Graduates: 476 476 No. of Participants in Final Phase:No. of Participants in Final Phase: 421 421 Percent Employed Full-Time while in DC: Percent Employed Full-Time while in DC: 74% 74% Percent Employed FT by Graduation: Percent Employed FT by Graduation: 92% 92% Percent of Negative Drug Tests Percent of Negative Drug Tests 96% 96%

(Out of 104,735 tests conducted since 4/1/02) (Out of 104,735 tests conducted since 4/1/02)

Success of NJ Drug CourtsSuccess of NJ Drug Courts

Since the Statewide Program Began on 4/1/02Since the Statewide Program Began on 4/1/02::

45 Babies were born 45 Babies were born drug-freedrug-free to to previously drug-addicted mothers. previously drug-addicted mothers.

Drug court participants regained Drug court participants regained custody of at least 42 minor children custody of at least 42 minor children due to their successful participation in due to their successful participation in drug court. Some of these children had drug court. Some of these children had been in foster care.been in foster care.

Success of NJ Adult Drug CourtsSuccess of NJ Adult Drug Courts

The NIJThe NIJ11 estimated that recidivism among a estimated that recidivism among a nationally representative sample of drug nationally representative sample of drug court graduates was 16.4% the first year court graduates was 16.4% the first year after graduation and 27.5% two years after after graduation and 27.5% two years after graduation.graduation.

Current Statistics on 493 Drug Court Current Statistics on 493 Drug Court Graduates w/in 3 years of GraduationGraduates w/in 3 years of Graduation

14%14% re-arrested for indictable offenses; re-arrested for indictable offenses; 6%6% convicted of new indictable offenses; and convicted of new indictable offenses; and 4%4% sentenced to New Jersey State Prison sentenced to New Jersey State Prison

1 “Estimate of Drug Court Recidivism Rates,” conducted by the Urban Institute for the National Institute of Justice in 2004

2 Recidivism study conducted by AOC Criminal Practice on 1/31/06

Participant Benefits: Before and AfterParticipant Benefits: Before and After The percentage of participants employed The percentage of participants employed

rose from 27% to 92%. rose from 27% to 92%. The percentage of participants with a The percentage of participants with a

valid drivers license rose from 28% to valid drivers license rose from 28% to 52%.52%.

13% of graduates raised their level of 13% of graduates raised their level of education or vocational skills. education or vocational skills.

The percentage of participants covered The percentage of participants covered by medical insurance was raised from by medical insurance was raised from 13% to 47%.13% to 47%.

The 445 drug court graduates studied The 445 drug court graduates studied have a total of 539 minor children. have a total of 539 minor children.

Financial Impact of Drug CourtsFinancial Impact of Drug CourtsDrug courts achieve direct cost savings for the Drug courts achieve direct cost savings for the justice system by reducing incarceration rates. justice system by reducing incarceration rates.

Incarcerating an adult for one year costs Incarcerating an adult for one year costs up to $37,000*. The first year of drug up to $37,000*. The first year of drug court, when most treatment costs are court, when most treatment costs are

borne, costs between $5,400 and borne, costs between $5,400 and $19,500 depending upon the type of $19,500 depending upon the type of

treatment. treatment.

The total court imposed fines, fees and The total court imposed fines, fees and (DEDR and VCCB) penalties paid by the (DEDR and VCCB) penalties paid by the 445 graduates studied is over one-half 445 graduates studied is over one-half

million dollarsmillion dollars* Additional administrative costs included. Figures estimated by AOC.

Other cost savings can occur when:Other cost savings can occur when:

Participants become employed, support Participants become employed, support their families and pay taxes;their families and pay taxes;

Custody of minor children is regained, Custody of minor children is regained, reducing the cost of foster care;reducing the cost of foster care;

Babies are born without drug addiction, Babies are born without drug addiction, eliminating the short and long term eliminating the short and long term medical cost of treating drug addicted medical cost of treating drug addicted infants;infants;

Participant visits to emergency rooms are Participant visits to emergency rooms are reduced.reduced.

Every dollar spent on treatment Every dollar spent on treatment leads to a $7.46 reduction in leads to a $7.46 reduction in crime-related spending and lost crime-related spending and lost productivity, according to a productivity, according to a study conducted for the Office of study conducted for the Office of Nat’l Drug Control Policy.Nat’l Drug Control Policy.

WHY ARE THE NEW JERSEY DRUG WHY ARE THE NEW JERSEY DRUG COURTS SO SUCCESSFUL?COURTS SO SUCCESSFUL?

CENTER FOR COURT INNOVATION“The State of Drug Court Research” (2005)

Research Findings: “Little is known about which categories of defendants are most likely to benefit from the drug court intervention; but three have emerged as likely candidates: (a) “high-risk” offenders, (b) those facing greater legal consequences for failing drug court, and (c) drug offenders (as opposed to offenders arrested for property crimes and other offenses).”

New Jersey Drug Courts:Since the pilot program days, the NJ Adult Drug Courts have focused primarily on prison diversion, with intensive supervision of high-risk, nonviolent drug offenders.

Researchers found:

Drug Court retention rates far exceed those for the general treatment population. One review estimates that drug courts nationwide have an average one-year retention rate of 60%

New Jersey Drug Courts:

The New Jersey Adult Drug Court Statewide Program cumulative retention rate after almost 4 years is 69%

CENTER FOR COURT INNOVATION

“The State of Drug Court Research” (2005)

In a 2002 study, Dr. Faye Taxman found that half of the drug courts reported that they have non-clinical staff screen clients for drug treatment court eligibility and that “while drug courts are designed to integrate services across systems, few courts have developed such an approach.” A well structured clinical assessment process was deemed essential for positive outcomes.

New Jersey Drug Courts:

The New Jersey Judiciary employs substance abuse (TASC) evaluators who provide the courts with the benefit of bridging the court and treatment systems. The drug court process begins with a professional clinical assessment.

What Works in Drug Court?

Researchers have identified a phenomenon in many drug courts that suggests that the typical one-year term of supervision is inadequate to address the needs of many drug court participants; in practice, most participants remain enrolled well beyond the one-year program length.8

New Jersey Drug Courts: A search of all available sources indicates that New Jersey adult drug courts supervise participants longer than any other drug court program.

8 Marlowe, D. “Amenability to Treatment of Drug Offenders” (2003)

Term of Supervision

Researchers found:

The length of time a patient spends in treatment is a reliable predictor of his or her post-treatment performance

New Jersey Adult Drug Courts: Provide comprehensive substance abuse treatment through a cooperative agreement with the Division of Addiction Services; All treatment modalities and levels of care are available to participants; the recent inclusion of enhanced services (i.e. psychiatric evaluations) should improve outcomes

The modalities and duration of the treatment interventions used meets or exceeds those recommended by the National Association of Drug Court Professionals.

What Works in Drug Court?

In A National Center for State Courts publication, Dr. Cary Heck reported: “standardized statewide case management systems can assist localities and states in the measurement of drug court performance” and “as the drug court movement continues to flourish, the need for standardized and consistent data management continues.”

New Jersey Adult Drug Courts: New Jersey is in the forefront of state-level drug court program management. The NJ Judiciary has enhanced existing mainframe systems in order to capture drug court related data on a county and state level.

Quality Control