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There are over 3,800 drug court programs operating within the United States.

Every state — as well as some federal districts — have at least one drug court program. Since their inception in 1989, drug courts 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, and others.

Drug courts are usually managed by a non-adversarial and multidisciplinary team including judges, prosecutors, defense attorneys, community corrections, social workers and treatment service professionals. Studies reveal the composition of the Drug Court team has a substantial influence on outcomes. Drug Courts produce significantly greater reductions in criminal recidivism and are significantly more cost-effective when the following professionals are dedicated members of the Drug Court team and participate regularly in pre-court staff meetings and status hearings (Carey et al., 2008, 2012; Cissner et al., 2013; Rossman et al., 2011; Shaffer, 2010).

Drug Courts may include other community representatives on their team as well, such as peer mentors, vocational advisors, or sponsors from the self-help recovery community. Studies have not examined the impact of including such persons on the Drug Court team; however, anecdotal reports suggest this practice can enhance team decision-making and effectiveness (Taylor, 2014). As a condition of federal grant funding and funding from many states, Drug Courts may also be required to include an evaluator on their team beginning in the planning stages for the program and continuing during implementation. This practice helps to ensure Drug Courts collect reliable performance data to report to grant-making authorities and is generally advisable for all Drug Courts to ensure good-quality program monitoring and evaluation [see Standard X, Monitoring and Evaluation]. Finally, Drug Courts may be advised to include a nurse or physician on their team if they treat substantial numbers of participants requiring medication-assisted treatment or suffering from co-occurring medical or mental health disorders.

The federal government has demonstrated growing support for the drug court model primarily through financial support of drug court programs, federal drug courts, research, and various drug court initiatives. For example, each year, the Bureau of Justice Assistance (BJA) and Substance Abuse and Mental Health Administration (SAMHSA) distribute grants to states and localities to support the creation and enhancement of drug courts. In FY2017, over $100 million in federal funding was appropriated for drug courts.

As the opioid epidemic continues, policymakers may debate whether drug courts could be an effective tool in efforts to address opioid abuse. Policy options include, but are not limited to, increasing federal funding for drug courts and reauthorizing (with or without amendments) the Drug Court Discretionary Grant Program (Drug Courts Program). Further, Congress may wish to maintain the exclusion of violent offenders from the Drug Courts Program, or, conversely, broaden the pool of eligible offenders that may participate in BJA-funded drug court programs to include some violent offenders. Drug Courts not funded by Federal grants are often supported by their individual states through the legislative bodies.

Who qualifies for drug court also varies from program to program. Generally, eligibility requirements include:

• Being 18 years old or older
• No outstanding warrants
• No previous violent crime convictions

Certain programs restrict participation to individuals charged with specific drug-related offenses, while others admit individuals facing a broader range of charges. In nearly all drug court programs, any applicant with a prior conviction of a violent or sex crime is disqualified.

Candidates for drug court programs typically have health, and other health-related disorders, in addition to many psychosocial problems related to employment and financial support, housing, family and other social relationships, transportation, and unresolved legal issues such as child custody. Many of these deficits are not clearly apparent through examination of criminal justice records alone, but can be revealed through an individual interview, drug testing, and use of specialized instruments.

The United States has gradually shifted its formal drug policy from a punishment-focused model toward a more comprehensive approach—one that focuses on prevention, treatment, and enforcement. The proliferation of drug courts in American criminal justice fits this more comprehensive model. These specialized court programs are designed to divert certain defendants and offenders away from traditional criminal justice sanctions such as incarceration while reducing overall costs and helping these defendants and offenders with substance abuse issues.

Drug courts present an alternative to the traditional court process for some criminal defendants and offenders—namely those who are considered nonviolent and are known to abuse drugs and/or alcohol. While there are additional specialized goals for certain types of drug courts, the overall goals of adult and juvenile drug courts are to reduce recidivism and substance abuse among nonviolent offenders. Drug court programs may exist at various points in the justice system, but they are most often employed post-arrest as an alternative to traditional criminal justice processing.

“The Drug Court model includes a higher level of supervision, particularly by the Court and (generally) a standardized treatment program for all the participants within a particular court (including phases that each participant must pass through by meeting certain goals). There is also regular and frequent drug testing. In contrast, most of the state-mandated program models for drug offenders have less criminal justice supervision (particularly less court involvement) and a less standardized, sometimes more individualized, treatment regimen. In addition, the non-Drug Court treatment model uses drug testing less frequently.”

Participants who successfully complete the drug court program can have their underlying criminal offenses dismissed or expunged. If a participant fails to complete the program, their case will be processed as it normally would in the traditional criminal justice system.

Drug court programs often include:

• Participation over a series of months or years to establish and maintain long-term recovery strategies
• Frequent and random drug tests
• Clinical treatment for substance use disorders
• Individualized case management services, connecting participants to employment opportunities, community service, pro-social activities, and education
• Required frequent appearances in court
• Rewards for maintaining treatment plans and sanctions for failure to meet obligations
• Support and encouragement from the drug court team

Drug court programs are for people charged with or convicted of criminal offenses, are likely to re-offend, and who are experiencing serious substance use disorders. There is no universal model for drug court programs but there are two common ways in which people enter drug court. In one model, defendants who meet eligibility requirements are diverted from traditional court proceedings into drug court prior to pleading to a charge. This is commonly called pre-trial or deferred prosecution. In another model, defendants who meet eligibility requirements plead guilty to their charges and their sentences are deferred or suspended while they participate in the drug court program. This model is referred to as post-adjudication.

Since their inception in 1989, drug courts 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.

Drug courts integrate alcohol and other drug treatment services with justice system case processing. The mission of drug courts is to stop the abuse of alcohol and other drugs and related criminal activity. Drug courts promote recovery through a coordinated response to offenders dependent on alcohol and other drugs. As the name implies, drug courts are specifically for persons with substance use disorders. These court programs offer 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 towards lifestyle changes. Under the supervision and authority of the court, their progress is monitored. Ultimately, drug courts reduce crime and affect real, positive change in people’s lives. Drug courts are operating with incredible success across the country. They are effective at getting people into treatment — a key step in long-term sobriety. People who complete drug court programs are significantly less likely to be arrested again, compared to those who are sentenced with traditional punishments. The most successful drug courts reduce recidivism by as much as 35 to 40 percent. Drug courts also are cost beneficial. The National Institute of Justice concluded from a decade-long study of a drug court that “reduced recidivism and other long-term program outcomes resulted in public savings of $6,744 on average per participant.”