Drug Courts in the United StatesAvoiding Jail, Improving Lives

Two Options

The best day of Kaitlyn Smith’s life was also her worst day.

Police officers pulled over the Flagler County, Florida, resident in 2014. They searched her car and found a variety of drugs, including cocaine and sleeping pills. She was arrested, as her infant slept in the backseat, and charged with three felony counts of drug possession.

“I owe my recovery to drug court. It saved my life.”

The situation, Smith said, was life-changing.

“I am so thankful I was arrested that day,” Smith, 27, told DrugRehab.com. “If that didn’t happen, I wouldn’t be alive today.”

A judge gave Smith two options. The first: go to jail. Her second choice was to enter drug court, a diversion program allowing nonviolent drug offenders to receive treatment for substance abuse problems.

Smith knew she could use the help.

She started using painkillers after a car accident in 2012. This led to an addiction to Lortab, a prescription opioid containing acetaminophen and hydrocodone. Years of domestic abuse and the stress of single motherhood exacerbated her drug use.

When her supply ran dry, she turned to the streets for her fix. She eventually began experimenting with other substances. Around this time, she lost communication with her family and friends, and her health deteriorated. Her life revolved around substance use.

Smith entered drug court, a decision she called a no-brainer. She spent three years in treatment, during which her physical and mental health drastically improved. In January 2017, she graduated from the program. Today, she is healthy, sober and happy.

“I owe my recovery to drug court,” said Smith. “It saved my life.”

Drug courts are designed to reduce crime and drug use, restore lives and strengthen families. But do they really work? Research, statistics and firsthand accounts paint a clear picture of the benefits. And jurisdictions across the United States have taken notice.

A New Approach

In 1989, a team of justice professionals established the nation’s first drug court in Miami-Dade County after expressing dissatisfaction with high recidivism rates. This approach integrated treatment into the criminal justice system, allowing offenders with drug problems to get the help they need.

Drug courts comprise treatment, individual therapy, 12-step meetings, random urinalyses and court appearances. Many courts require participants to find a job or complete volunteer work while in treatment.

Programs generally last between six months and one year. During this time, individuals undergo weekly drug testing and monitoring. They periodically appear before a judge who reviews their progress. Participants who follow rules and show improvements may receive incentives. But a judge may punish those who fail a drug test or refuse to fulfill program obligations.

Chris Deutsch, director of communications for the National Association of Drug Court Professionals, told DrugRehab.com that a criminal record affects a person’s ability to secure a job, loan or housing. To avoid this, courts dismiss charges upon graduation from treatment court.

Deutsch also stressed that these courts provide a new way to combat recidivism.

“We have tried to incarcerate our way out of problems,” said Deutsch. “But what we saw was that people who don’t get treatment will continue to use and reoffend.”

Research supports this claim. A report published in The New England Journal of Medicine examined more than 30,000 prison records for inmates released from the Washington State Department of Corrections from July 1999 to December 2003.

Tip of the Iceberg

Smith didn’t fit the profile of a drug user. She had never been in trouble with the law. Prior to her arrest, she hadn’t even received a speeding ticket. She owned a house, drove a nice car and made good money.

“Nobody knew I had an addiction,” said Smith.

“The drug use is the tip of the iceberg, but there are other problems underneath the surface.”

While drug court changed her life, the experience wasn’t always smooth. Two months into treatment, the court performed a urinary analysis. They found kratom, a mind-altering drug, in her system. She was arrested and ordered to undergo detox for a week.

Afterward, she stayed in jail until a bed at a nearby rehab center became available. A week later, a spot opened up at Project WARM, a women’s treatment facility in Bunnell, Florida. There, Smith discovered that she had post-traumatic stress disorder.

“The biggest thing about addiction is that it’s not just the drug use, but what’s underneath it,” said Smith, referring to her PTSD diagnosis. “The drug use is the tip of the iceberg, but there are other problems underneath the surface.”

Individuals with serious mental disorders can receive treatment for co-occurring disorders through the drug court system. Common mental disorders that coexist with addiction include depression, attention-deficit/hyperactivity disorder and PTSD.

Source: National Drug Court Institute

The Third Judicial Circuit Court of Florida provides mental health treatment to people in drug court. But it refers those with severe psychological problems to mental health court, where they also can receive support for substance abuse.

“People whose mental health problems are more predominant than their substance abuse, they go to mental health court,” said Recksiedler. “There, they can get more mental health treatment.”

Co-occurring disorders are common among drug court participants. A 2013 report by the National Drug Court Institute estimated that up to 40 percent of current treatment court enrollees dealt with mental illness. Conversely, up to 80 percent of people in mental health court experienced addiction.

Rehab providers assess drug court candidates and match them with the most appropriate treatment path. Drug court participants receive individualized plans that address their needs. Over time, as their health improves, they may transition from inpatient to outpatient care.

“It will look different for each person,” said Deutsch. “There are no cookie-cutter solutions; every person has a treatment plan specific to their needs.”

Veterans Treatment Court and PTSD

Many combat veterans battle co-occurring disorders. Nicholas Stefanovic served in the Marine Corps from 2002 to 2006, completing tours of duty in Iraq and Afghanistan. While overseas, he was exposed to the horrors of war, which affected his mental health.

Upon returning to the United States in 2006, Stefanovic struggled to sleep. When he did, he experienced nightmares. He isolated himself, reluctant to spend time with family or friends. Angry outbursts and panic attacks were common.

“I was a stranger living in a different world,” Stefanovic, 34, told DrugRehab.com.

His life spun out of control. He turned to opioids to cope with intrusive thoughts caused by PTSD. In 2007, he began using OxyContin, a prescription opioid that contains oxycodone. He said the pain medication fixed his problems.

Or so he thought.

Stefanovic eventually developed a substance use disorder. He lost his family, financial stability and shelter. He started living out of his car, sleeping in vacant parking lots. In 2009, he was arrested for attempting to cash stolen checks.

On May 1, 2009, the former sergeant entered Rochester Veterans Court in New York. Veterans court is a branch of treatment court that caters to military veterans with substance abuse problems who have broken the law.

Stefanovic was transferred to a residential facility. He planned on staying long enough to complete treatment court, and then he could go back to using drugs. However, he began to see the rewards of sobriety six months into the program.

The panic attacks he once routinely experienced were less common. His mental health improved. For the first time in years, he felt happy.

“What drug court did for me is it purchased for me months of mandatory clean time, which allowed me to naturally evolve into a contributing member of society,” said Stefanovic.

Developed in 2008, veterans treatment court is intended to help veterans improve their mental health, reduce their drug use and avoid jail. These courts often work with local Veterans Affairs facilities and other veterans organizations.

Benefiting the Community

More local and state governments have implemented drug courts in recent years. Today, a treatment court operates in every U.S. state and territory. The success rate of these diversion programs may help explain why.

According to the National Association of Drug Court Professionals, treatment court participants are six times more likely to remain in treatment long enough to experience improved health. Nationwide, three out of four drug court graduates avoid arrest for at least two years post-treatment. Drug courts also increase graduation rates among people addicted to methamphetamine by nearly 80 percent.

In his 2013 State of the State address, South Dakota Gov. Dennis Daugaard said South Dakota had the fewest drug courts among all states, but the programs had yielded success. In the five years preceding his speech, fewer than one in five drug court and DUI court graduates in the state had committed new felony offenses.

Financed through state and federal funds, drug courts have proved to be cheaper alternatives to incarceration. The National Association of Drug Court Professionals states that taxpayers save as much as $3.36 in avoided incarceration costs for every $1 invested in treatment courts.

People who complete drug court often become productive members of society. They pay taxes. They are available to care for their children. They make positive changes in their communities. Deutsch suggested that these outcomes benefit taxpayers.

“Ultimately, [treatment courts] save taxpayers money because they will not have to pay to incarcerate these individuals,” he said.

In Pennsylvania, it costs $34,000 a year to incarcerate someone. Former Pennsylvania Gov. Tom Corbett said prisons are necessary, but he suggested that this money would be better used toward helping schools, building infrastructure or assisting the poor.

The state’s Justice Reinvestment initiative aims to keep drug offenders out of prison and to help them become productive community members. Developed in 2012, the program was designed to improve public safety, control spending and reduce recidivism.

“It also will save us $139 million,” Corbett said during his 2013-2014 budget address. This money has been allocated to numerous justice services, including probation services and county-based offender treatment.

Many reports detail the value of drug courts. A study published in the Journal of Criminal Justice reviewed 154 evaluations on the effectiveness of adult, juvenile and DWI drug courts in the United States. The results showed lower recidivism rates among people in drug courts when compared with nonparticipants. However, juvenile drug courts saw smaller decreases in these rates.

Juvenile courts provide drug or alcohol treatment, sanctions and incentives to treat nonviolent youth who have substance abuse problems. While the Journal of Criminal Justice report found that juvenile courts have minimal effects on recidivism rates, a 2010 research update by the National Association of Drug Court Professionals reviewed several studies presenting the benefits of these programs.

The research update indicated that four juvenile drug courts in Utah were reducing repeat drug offenses. When compared to youth on probation for drug crimes, juvenile court participants experienced lower recidivism rates 30 months after entry. The National Association of Drug Court Professionals piece also cited a study that found that juvenile court participants in Ohio were less likely than youth probationers to be arrested for a new offense 28 months after entry.

What Is Drug Court Like?

Juvenile drug courts did not exist when Donna Boggs was a teenager. If they had, her life trajectory may have been different.

Boggs grew up around crime in Hutchinson, Kansas. She was raised by her grandfather and two uncles, all three of whom were members of the Hells Angels Motorcycle Club. At 13, she was kidnapped and sexually assaulted by a stranger.

She used marijuana and cocaine to deal with the trauma. She eventually acquired a cocaine addiction that lasted nearly 30 years. During that time, she frequented the criminal justice system and lost custody of her children.

“I was a drug addict,” Boggs, 52, told DrugRehab.com. “I was doing a lot of criminal activity. I was put in jail time and time again.”

After an arrest for forgery, a judge in Reno County, Kansas, gave Boggs the opportunity to enter treatment court. She accepted.

During the 10-month program, she completed four phases. In the first, Boggs initiated a treatment plan, attended counseling and established relationships with her peers. She kept an agenda to track upcoming counseling appointments and court appearances throughout this 30-day stage.

Boggs attended individual counseling and Narcotics Anonymous meetings throughout the second phase, which lasted 60 days. She also actively sought employment. Drug court programs generally require participants to find a job or enroll as a full-time student before graduation.

New Lives, Bright Future

In February 2014, Boggs attended her drug court graduation. She was surrounded by a crowd comprising family, friends, law enforcement and drug counselors with whom she interacted during the program. She said the event wasn’t as large as a high school graduation, but it was just as joyous.

Boggs gave a speech. She described her arduous upbringing, her former lifestyle and the benefits of attending drug court. She also talked about meeting a woman during her stay. Everyone seemed to like this person, but Boggs did not. By the end of treatment, Boggs’ opinion had changed.

“That person was me,” she said, fighting back tears. “I learned to love myself.”

Drug court also turned Smith’s life around. Today, she has custody of her three children. She works for Family Life Center, an organization that provides support services to people affected by domestic or sexual violence in Flagler County.

Additionally, Smith serves as a peer recovery specialist for the Flagler County drug court team. In this role, she collaborates with a judge, therapy team, state attorney and public defender to decide the fate of drug offenders. She offers encouragement and recommendations to people entering treatment court.

“Everyone who went through addiction, they listen to me,” said Smith. “They are thankful to have me.”

Boggs and Smith are far from alone. Many individuals across the United States have had their lives changed after completing drug court. Even U.S. presidents have recognized this trend.

In a 2015 speech, former President Barack Obama stressed the importance of investing in alternative-to-incarceration initiatives to save taxpayers money each year. In December 2016, Congress passed the 21st Century Cures Act, a law that amended existing federal initiatives to expand court diversion programs for those with co-occurring disorders.

At a 2016 rally, then-presidential candidate Donald Trump announced his intent to increase incentives for states and local governments to use treatment courts. He said that this strategy offered a cost-effective response to substance use disorders.

With many politicians expressing support for drug diversion programs, Recksiedler believes the future of treatment courts in the United States beams bright.

“I think the future of drug courts looks good,” said Recksiedler. “And I think the prognosis of them is very good.”

Deutsch said that the opioid epidemic has caused local, state and federal policymakers to consider ways to better connect people in need with addiction treatment. They now see drug courts as a crucial part of that strategy.

“Drug courts are now considered a vital component of justice system reform, and we continue to see them expand across the country,” said Deutsch. “The challenge now is to ensure that there are enough drug courts to meet the need.”

Treatment courts annually refer about 150,000 people to treatment, more than any other system in America. But the Department of Justice identified 1.2 million people in the criminal justice system eligible for drug court who are unable to gain access because of their location.

Deutsch believes that the government should prioritize putting drug courts within the reach of everyone who needs them. As he said, they negate high incarceration rates. They improve health. They save lives.

Stefanovic can attest to these benefits. The day before entering veterans court, he was living out of his car. But the program allowed him to achieve sobriety and get his education. He got a job. He bought his own house and now has a family.

Today, Stefanovic is a consultant for the National Institute of Corrections, the Federal Bureau of Prisons and the National Association of Drug Court Professionals. He has traveled the country advocating for the expansion of drug courts. He has held meetings with the United States secretary of veterans affairs, and he has spoken at the White House.

“My life is amazing,” said Stefanovic. “That one year in the [drug court] program changed everything for me.”

Thousands of Americans can say the same.