Treatment Courts have a core Team to include a Judge, Court Coordinator, Defense Counsel, Prosecutor, Probation Officer/Law Enforcement, a Treatment Provider and often times, an Evaluator. Other members will be included depending upon the Court’s structure. Family treatment courts will include social workers and other professionals involved in Family Court cases and Veterans courts may have veteran mentors and other providers.

These team members gather to process each participant case. Each member will weigh in on the participant’s progress, including his or her treatment program, court program and probation. In these processing meetings (called staffing), the team will decide if the participant is moving along in the program as expected. The team will then decide if the participant will receive a sanction or incentive based upon their performance since their last status hearing.

These teams are non-adversarial and the members work together. The makeup of these teams will have a substantial impact on the outcomes.

Treatment courts are funded in various ways. There is a lot of National support for these programs and many advocates for the implementation of more courts. Federal agencies like SAMHSA and BJA offer implementation and enhancement grants. For new courts, some of the implementation requirements involve planning for sustainability once the grant funds run out. These grants are typically awarded for four years to give new courts an opportunity to get all of the program components functioning well. If courts do not have Federal grant funds, they may be funded through their state’s legislative process.

Qualifications and entry criteria varies from program to program. Generally, candidates are referred that meet some basic criteria.

• They are assessed as high risk, high need
• They have a substance use disorder

Additionally, if these programs are funded under Federal grants, the candidate must not have a history of violent offenses. For adult treatment courts, the referral must be at least 18 years old. There are other criteria that need to be met for Mental Health courts, Family treatment courts and Veterans courts.

Once the candidate is screened and it is determined that they meet the court’s criteria, they will generally meet with the Team Defense Attorney and go over the program contract. Participation in the court is voluntary and the candidate must agree to the program structure and rules.

In the United States, we’re finally acknowledging that addiction is a chronic, relapsing brain disease. We’ve gradually shifted policy away from a punishment- based model to a more therapeutic model that uses treatment to address the addiction.

Treatment courts provide an alternative to the traditional court process for some criminal defendants and offenders, namely those who are considered nonviolent and are known to have substance use disorders. While there are additional specific goals for certain types of treatment courts, the overall goals are to reduce recidivism and substance use among participants. Treatment court programs may exist at various points in the justice system, but they are most often a source for post-arrest as an alternative to traditional criminal justice processing.

Participants who successfully complete a treatment court program will often have their charge and sentence reduced or dismissed altogether. These opportunities are not typically extended through the regular criminal justice system.

Additionally, the Judge along with the treatment court team act as advocates for the participant and assist them with their program mandates, often giving help, not only with treatment but with housing, employment, education and important life skills. As participants move through the program they receive incentives (rewards) and affirmations for good work. They are not punished for their disease of addiction but instead, are given therapy and treatment to address the substance use issue.

Cases are processed in court status hearings with other participants in attendance.

Since the initial implementation of an Adult Drug Court in 1989, treatment court programs have expanded from serving just adults, to include juvenile drug treatment courts, DUI/DWI courts, family treatment courts, mental health courts, veterans treatment courts, tribal healing to wellness courts, domestic violence courts and others.

Treatment courts combine alcohol and drug treatment services with justice system case processing. The ultimate goal of treatment courts is to mitigate the substance use disorder and the associated criminal activity. Drug courts promote recovery through a coordinated response to participants that are dependent upon drugs and alcohol. Treatment courts are specifically designed for persons with substance use disorders and offer these individuals the opportunity to enter long term drug treatment and agree to court supervision rather than receiving a jail sentence. The intensive program requires participants to maintain recovery, take on responsibilities, and work toward becoming sober, responsible citizens. Under the supervision and authority of the court, their progress is monitored. Treatment courts reduce crime and affect real, positive change in people’s lives. Treatment courts are operating with great success across the country and they are effective at getting people into long term sobriety and ultimately saving lives. People who complete these programs are significantly less likely to be arrested again, compared to those who are sentenced with traditional punishments. Successful treatment courts reduce recidivism by as much as 35 to 40 percent. In addition to saving lives, these programs also save money. It is much more cost-effective to have these participants living and working in their communities and contributing rather than warehousing them in jails and prisons.