State of New JerseyState of New JerseyAdult Drug Court ProgramAdult 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 HistoryDrug Courts: A Brief History Drug use in the US expanded with the crack cocaine Drug use in the US expanded with the crack cocaine

epidemic of the mid-1980’s; the number of drug epidemic of the mid-1980’s; the number of drug arrests skyrocketedarrests skyrocketed

The initial Criminal Justice System response was The initial Criminal Justice System response was stricter laws that filled the US prisonsstricter laws that filled the US prisons

As drug use was not influenced by the new laws, As drug use was not influenced by the new laws, court dockets were overwhelmed and new strategies court dockets were overwhelmed and new strategies were developed to deal with the increasewere developed to deal with the increase

Expedited Drug Case Management, the early “Drug Expedited Drug Case Management, the early “Drug Courts” dealt with case processing issues onlyCourts” dealt with case processing issues only

Even when mandated into treatment, most did not Even when mandated into treatment, most did not remainremain

Drug Courts: A growing crisis meets Drug Courts: A growing crisis meets business as usual……..business as usual……..

The traditional adversarial system of justice, The traditional adversarial system of justice, designed to resolve legal issues, was found to be designed to resolve legal issues, was found to be completely ineffective at addressing drug abusecompletely ineffective at addressing drug abuse

In fact, traditional court roles actually contribute In fact, traditional court roles actually contribute to drug abuse by reinforcing denial (defense to drug abuse by reinforcing denial (defense counsel role)counsel role)

Referrals for treatment were generally made after Referrals for treatment were generally made after disposition, long after the “trauma” of arrest disposition, long after the “trauma” of arrest could be used as a crisis point for intervention; could be used as a crisis point for intervention; treatment retention rates were very lowtreatment retention rates were very low

Services were generally fragmented, supervision Services were generally fragmented, supervision caseloads overburdened and judges focused on caseloads overburdened and judges focused on expediting cases and not on case outcomesexpediting cases and not on case outcomes

Why Drug Courts for New Jersey?Why Drug Courts for New Jersey? As much as 70 to 80 % of all crime in the U.S. is As much as 70 to 80 % of all crime in the U.S. is

committed by persons under the influence of committed by persons under the influence of drugs or alcohol.drugs or alcohol.1

Prison overload – Disproportionate number of Prison overload – Disproportionate number of minorities in NJ prisonsminorities in NJ prisons

Cost effective alternative to prisonCost effective alternative to prison ResearchResearch: Coordinating treatment and : Coordinating treatment and

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

Because early outcome studies in other states Because early outcome studies in other states indicates there is reason for optimismindicates there is reason for optimism

1 Drug Use Forecasting, Annual Report on Adult and Juvenile Arrestees, NIJ1 Drug Use Forecasting, Annual Report on Adult and Juvenile Arrestees, NIJ

The Cycle of Addiction

Substance Abuse Crime

Courts

Incarceration

No Treatment

Drug Courts Work to Stop this Endless Cycle

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 non-violent drug address the non-violent drug addicted offender.addicted offender.

The Drug Court TeamThe Drug Court Team

Superior Court Superior Court JudgeJudge

Assistant ProsecutorAssistant Prosecutor Assistant Deputy Assistant Deputy

Public DefenderPublic Defender Private Bar Private Bar

Representative*Representative* Team LeaderTeam Leader* * Optional: Used in counties Optional: Used in counties

with a high percentage of with a high percentage of private bar casesprivate bar cases

Drug Court Drug Court CoordinatorCoordinator

Probation Probation SupervisorSupervisor

Probation Officer(s)Probation Officer(s) Substance Abuse Substance Abuse

(TASC) Evaluator(TASC) Evaluator Court ClerkCourt Clerk Treatment Treatment

Provider(s)Provider(s)

Essential Elements of Drug CourtEssential Elements of Drug Court

Non-adversarial processNon-adversarial process Non-traditional courtroom dynamicNon-traditional 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 drug Holistic approach to dealing with the drug

addicted criminal offenderaddicted criminal offender

Who is Eligible for Drug CourtWho is Eligible for Drug Court Non-violent substance abusing offendersNon-violent substance abusing offenders N.J.S.AN.J.S.A. 2C:35-14 applies to some cases. 2C:35-14 applies to some cases Drug court targets offenders who, were it Drug court targets offenders who, were it

not for their substance abuse, may never not for their substance abuse, may never have been involved with “the system”have been involved with “the system”

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

An applicant’s suitability for the program is An applicant’s suitability for the program is determined by the drug court teamdetermined by the drug court team

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

addictionaddiction Offenders who use juveniles for drug Offenders who use juveniles for drug

distributiondistribution

*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 located at: Manual for Operation of Adult Drug Courts located 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 PJ’s report recommended drug courts as a best practice in New Jerseyas a best 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)

3 Phase Implementation Project3 Phase Implementation Project

Transfer grant funded pilots Transfer grant funded pilots to state funding: Camden; to state funding: Camden; Essex; Mercer; Passaic; UnionEssex; Mercer; 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 Works !!!Drug Court Works !!!

Programs report high participant retention rates, Programs report high participant retention rates, between 65-85%between 65-85%

Participants note judges’ supervision, coupled Participants note judges’ supervision, coupled with drug court treatment services and strict with drug court treatment services and strict monitoring, is key to their successmonitoring, is key to their success

Drug courts are increasingly targeting the chronic Drug courts are increasingly targeting the chronic recidivists as well as first offendersrecidivists as well as first offenders

Many jurisdictions are adapting the adult drug Many jurisdictions are adapting the adult drug court model to juvenile populations and family court model to juvenile populations and family matters; drug courts are resulting in family matters; drug courts are resulting in family reunifications and the birth of drug free babiesreunifications and the birth of drug free babies

Financial Impact of Drug CourtsFinancial Impact of Drug Courts Drug courts are continuing to achieve cost Drug courts are continuing to achieve cost

savings for the justice system, particularly in the savings for the justice system, particularly in the use of jail/prison spaceuse of jail/prison space

Incarcerating an adult for one year costs up to Incarcerating an adult for one year costs up to $37,000. In contrast, residential substance-abuse $37,000. In contrast, residential substance-abuse treatment costs an average of $14,600 and treatment costs an average of $14,600 and outpatient treatment costs an average of $2,300.outpatient treatment costs an average of $2,300.22

Every dollar spent on treatment leads to a $7.46 Every dollar spent on treatment leads to a $7.46 reduction in crime-related spending and lost reduction in crime-related spending and lost productivity, according to a study conducted for productivity, according to a study conducted for the Office of Nat’l Drug Control Policy.the Office of Nat’l Drug Control Policy.22

2 American University, Drug Court Clearinghouse and Technical Assistance Project, Washington, DC2 American University, Drug Court Clearinghouse and Technical Assistance Project, Washington, DC

DC Outcomes for New JerseyDC Outcomes for New Jersey NJ retention rate is comparable to national rates*NJ retention rate is comparable to national rates* Early re-arrest, re-conviction and re-incarceration Early re-arrest, re-conviction and re-incarceration

data provide much reason for optimism*data provide much reason for optimism* Drug free babies are being born, sober parents Drug free babies are being born, sober parents

are regaining custody of their minor children and are regaining custody of their minor children and families are being strengthenedfamilies are being strengthened

Participants are improving their education level, Participants are improving their education level, obtaining job skills, obtaining & maintaining obtaining job skills, obtaining & maintaining employment and supporting their families. employment and supporting their families.

* For latest statistics, * For latest statistics, click hereclick here

DC Benefits CJS StaffDC Benefits CJS Staff

Collaborations necessary for drug court Collaborations necessary for drug court reap benefits in other initiativesreap benefits in other initiatives

Focus on relationships between Focus on relationships between agencies can improve service deliveryagencies can improve service delivery

Focus on training for staff can educate Focus on training for staff can educate them in their dealings with all addicted them in their dealings with all addicted offendersoffenders

Improved morale, job satisfaction and Improved morale, job satisfaction and ability to “make a difference”ability to “make a difference”

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

Prosecutor’s Office

Treatment

Drug Court

Drug Court Related LinksDrug Court Related Links

http://www.ndci.orghttp://www.ndci.org or or www.nadcp.orgwww.nadcp.org

http://www.american.edu/justicehttp://www.american.edu/justice

http://www.whitehousedrugpolicy.orghttp://www.whitehousedrugpolicy.org

http://www.samhsa.gov/csathttp://www.samhsa.gov/csat

http://www.ojp.usdoj.gov.BJAhttp://www.ojp.usdoj.gov.BJA

http://www.ojp.usdoj.gov/BJShttp://www.ojp.usdoj.gov/BJS