Jail Based Treatment And Drug Re-Entry CourtsEssay Preview: Jail Based Treatment And Drug Re-Entry CourtsReport this essayPrison overcrowding and criminal recession are enormous problems in the criminal justice system. Yet, states and districts cannot afford to continue to build new jails and prisons. A great number of those in prison or jail are there for drug related crimes. One solution to these problems is treatment to help minimize the incarceration for drug offenders. Criminal offenders who use drugs can receive drug treatment instead of serving time in jail or prison. Once their addictions are treated, drug offenders are less likely to commit future crimes. This frees up prison cells and resources for more serious offenders. Governors and legislators in several states have recently expressed greater interest in changing sentencing laws for drug offenses and increasing substance abuse treatment for those moving through the criminal justice system.
The first drug court was established in Florida in 1989. Since then, 697 have been established in all 50 states. The popularity and success of drug courts has grown to the point that legislators in 28 states identified the issue as a high priority for the 2002 legislative session, according to a survey conducted by the Health Policy Tracking Service.
A drug court is defined as a special court given the responsibility to handle cases involving drug-addicted offenders through an extensive supervision and treatment program. In the drug court, all defense counsels, prosecutors, judges, law enforcement and correctional personnel, probation officers, educational and vocational experts, and treatment providers work together to force the offender to deal with his or her addiction. In addition, drug courts ensure consistent judicial decisions and enhance the coordination of agencies and resources, thus improving the programs cost-effectiveness. A re-entry drug court is a court that manages the return to the community of individuals being released from prison, using the authority of the court to apply graduated sanctions and positive reinforcement and to marshal resources to support the prisoners reintegration to promote positive behavior by the returning prisoner.
Drug courts often are confused with diversion programs. They are actually two different models of treatment within the criminal justice system. The two models are similar in that offenders are sentenced to a drug treatment program rather than to jail or prison; however, there are many key differences between the two models. Drug courts differ from diversion in that most drug courts are probation-based or post-plea programs. Also, in drug courts, the judge remains active in the offenders treatment through the offenders regular appearances in the drug court and continuously monitors all participants progress, failing to follow the requirements of the program results in the imposition of a variety of graduated sanctions. Participants sign a Deferred Prosecution Agreement that includes a waiver of speedy trial and a limited waiver of confidentiality so staff can report the offenders progress directly to the Court. All participants are supervised by the Department of Corrections, Pretrial Intervention Officers.
Furthermore, in drug court, the judge has much more discretion to impose prison sentences for failure to participate in treatment and remain drug free, the threat of which forces many offenders to report to treatment and not use drugs. The Drug Court Treatment Division is a diversionary program that was designed as an alternative to traditional incarceration for first time, non-violent criminal offenders who are charged with the purchase or possession of a controlled substance or other substance abuse related offense. The one-year program helps to break the cycle of addiction and criminal justice involvement by using a variety of individualized treatment services to restore the participant as a productive member of society. The Division is accredited by CARF and became the first Drug Court in existence to be accredited under CARFs drug court standards. The accreditation ensures that all clients are receiving a high quality of service while enrolled in treatment. On the contrary, most diversion programs are pre-plea programs. In diversion, the offender is placed on probation and the case manager or probation officer oversees the offenders treatment. In the diversion model, the judge has limited discretion to impose sentences for the offenders failure to comply with the terms of probation.
Offenders who wish to have their felony charges dismissed will be eligible to participate in the Drug Court Treatment Program by meeting the following criteria. They must be 18 years or older, have no prior felony convictions and they have to be charged with substance abuse-related charge(s).
The Drug Court Treatment Program is a four-phase, multi-disciplinary approach to substance abuse treatment that encompasses both traditional and innovative interventions. The Program offers:
* Diagnostic and assessment services* Orientation groups* Education groups* Group & individual therapy* Fellowship meetings* Treatment interventions* Urinalysis screening* Acupuncture* Apprenticeship program* Educational/vocational referrals* Relapse Prevention* Case management* Psychiatric counseling* Family Orientation Classes* Family Support Groups* Alumni Groups* Transitional Housing* TransportationThe steps for the program are as follows. After booking, defendants are screened for eligibility at the Pretrial Detention Center. In Court, the judge explains the program to new defendants, making it clear that they should expect a year of treatment, which will be difficult to succeed,
Possibly the most challenging aspect of the program is the fact that the court does not know the specific circumstances of your case. Typically, the judge only knows what the defendants in a case are currently going through and in many cases, they live in their current home as they are supposed to. The court does not have enough information about what the defendants are doing in their current home to determine if these cases will qualify and therefore make a good case. However, the court does know the specific individuals in the court who are the most vulnerable and in order to create a case to receive treatment for these individuals, the judge requires them to show you. This information is provided in a form and is usually not needed at the time of appointment.
In order to provide the assistance that he or she feels is most appropriate to the specific situation, the judge needs an extensive background on the accused of these cases, and also an extensive relationship with the accused. In the same way that the judge does not have sufficient knowledge of the individual cases, he or she might not be able to provide any good judgment based on all the circumstances under which this individual may act that would be considered the most suitable of the accused.
Defendants
The judge must evaluate, in a manner described below and with good judgment, all of the allegations that have been presented to him or her by the defendants. Defenses are usually filed in the defense lawyers’ office through the defendants. This file shall be reviewed and agreed upon in court by the judge which establishes the facts of the case and what evidence may have influenced the decision of his or her.
Defendants to be brought to the court on this file are:
the defendant who is charged with some of the most serious crime
the defendant identified in the file
the defendant’s parents, friends, and friends who have made a strong and substantial donation to support the accused
the defendant’s wife, mother-in-law, or step-daughter
the defendant who is accused of not being able to afford the costs of their home (i.e., the defendant’s property)
the name of the defendant or the name of the person who assisted in the defense case
a statement of facts or evidence that support your claim of involvement in criminal activities and
a statement of any testimony or fact in which the defendant provides evidence that supports your claim of involvement in criminal activities.
The judge decides whether the defendant will be placed onto the Pretrial Detention Center based on the criteria set out in this document. The judge may order a detention or a date of release for the defendants as necessary, if the court determines that they will be in a state of need and therefore need immediate removal