In April, the presidential administration released its 2012 National Drug Control Strategy. A major theme of the policy was the necessity of reducing the prison population, with a focus on utilizing alternatives to incarceration. The example given in the ‘Strategy’ is the continuation and increased development of drug courts nationwide.
A drug court is a unique system within the judicial branch. In contrast to traditional criminal court, drug court utilizes the involvement of criminal defense, prosecution, law enforcement, the judicial system, mental health groups, social service, and substance abuse specialists. In the drug court system, a defendant is spared jail time in exchange for close monitoring of and treatment for substance abuse issues.
Statistically, the recidivism rates for drug court participants are far lower than those of mainstream inmates. The National Drug Control Strategy identifies recidivism (repeat offenses) as a major contributor to prison overpopulation. Use of drug courts helps keep nonviolent drug offenders out of the prison system, while seeming to reduce the likelihood of repeat offenses.
Nationwide, there are over 2,000 drug courts in operation. In Minnesota, there are 12 adult programs and 4 juvenile programs. There are also 9 DWI programs. According to the judicial branch, there are ten key components to the Minnesota drug court system:
#1: Drug courts integrate alcohol and other drug treatment services with
justice system case processing.
#2: Using a non-adversarial approach, prosecution and defense counsel
promote public safety while protecting participants’ due process rights.
#3: Eligible participants are identified early and promptly placed in the drug
court program.
#4: Drug courts provide access to a continuum of alcohol and other drug and
related treatment and rehabilitation services.
#5: Abstinence is monitored by frequent alcohol and other drug testing.
#6: A coordinated strategy governs drug court responses to participants’
compliance.
#7: Ongoing judicial interaction with each drug court participant is essential.
#8: Monitoring and evaluation measure the achievement of program goals and
gauge effectiveness.
#9: Continuing interdisciplinary education promotes effective drug court
planning, implementation, and operations.
#10: Forging partnerships among drug courts, public agencies, and
community-based organizations generates local support and enhances drug court effectiveness.
The rules within drug court can be very strict, and often the penalty for noncompliance is jail time. In this way, drug court remains part of the penal system while operating with the involvement of the mental and physical health sectors.
The National Drug Control Strategy states the through the National Drug Court Institute, the government will help fund the growth of these state-level programs. However, the demand still far outweighs the capacity. Because of this lack of resources, MN drug courts tend to be very selective when admitting participants with a preference for low-risk, non-violent, first-time offenders.
While drug court is a great option for many clients, the system does not have the resources the accommodate all qualified offenders. If you are involved in a drug offense, an experienced MN criminal defense attorney can help navigate the legal system an negotiate more favorable consequences.
Stay tuned as we delve further into the National Drug Control strategy and explore the effects on the field of criminal defense as part of our Drug Control Strategy Decoded series.
