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Drug and DWI Treatment Courts

Background
The Impact of Drug Treatment Courts
Evaluations
Grant Funding Information
Drug Court Reporting Requirements
Drug Treatment Court Minimum Data Standards
Case Management Resources
How to Develop a Drug/DWI Court
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Background

What are Drug Treatment Courts?

MCL 600.1060(c) defines drug treatment courts as ". . . a court supervised treatment program for individuals who abuse or are dependent upon any controlled substance or alcohol." These courts are specially designed to reduce recidivism and substance abuse among nonviolent substance-abusing offenders and to increase the offenders' likelihood of successful habilitation through early, continuous, and intense judicially- supervised treatment, mandatory periodic drug testing, and use of appropriate sanctions.

Drug treatment courts evolved to address the revolving-door cycle in which drug and alcohol offenders moved in and out of the justice system. Drug treatment courts treat addiction as a complex disease and provide a comprehensive, sustained continuum of therapeutic interventions, treatment, and other services to increase a participant's periods of abstinence and reduce the rate of relapse, re-arrest, and incarceration.

Types of drug courts include:

Adult Drug Treatment Court

Adult drug treatment court has a specially designed court calendar or docket, the purpose of which is to achieve a reduction in recidivism and substance abuse among nonviolent substance abusing offenders and to increase the offender's likelihood of successful habitation. Interventions include early, continuous, and intense judicially-supervised treatment, mandatory periodic drug testing, community supervision, and use of appropriate sanctions, incentives, and rehabilitation services (Bureau of Justice Assistance, 2005.) [Huddleston & Marlowe, National Drug Court Institute and United States Department of Justice Bureau of Justice Assistance, Painting the Current Picture: A National Report on Drug Courts and Other Problem-Solving Court Programs in the United States (July 2011, p 43).]

DWI Court

DWI court has a post-conviction court docket dedicated to changing the behavior of the alcohol- or drug-dependent repeat offender or high-BAC offender arrested for driving while impaired (DWI). The goal of the DWI court is to protect public safety, while addressing the root causes of impaired driving. DWI court utilizes a team of criminal justice professionals (including prosecutors, defense attorneys, probation officers, and law enforcement), along with substance abuse treatment professionals to systematically change participate behavior. Like drug courts, DWI courts involve extensive interaction between the judge and the offenders to hold the offenders accountable for their compliance with court, supervision, and treatment conditions (Huddleston, et al., 2004). [Huddleston & Marlowe, National Drug Court Institute and United States Department of Justice Bureau of Justice Assistance, Painting the Current Picture: A National Report on Drug Courts and Other Problem-Solving Court Programs in the United States (July 2011, p 44).]

Family Dependency Treatment Court

Family dependency treatment court has a juvenile or family court docket for cases of child abuse or neglect in which parental substance abuse is a contributing factor. Judges, attorneys, child protection services, and treatment personnel unite with the goal of providing safe, nurturing, and permanent homes for children, while simultaneously providing parents with the necessary support and services they need to become drug and alcohol abstinent. Family dependency treatment court aids parents or guardians in regaining control of their lives and promotes long-term stabilized recovery to enhance the possibility of family reunification within mandatory legal time frames (Huddleston, et a., 2005). [Huddleston & Marlowe, National Drug Court Institute and United States Department of Justice Bureau of Justice Assistance, Painting the Current Picture: A National Report on Drug Courts and Other Problem-Solving Court Programs in the United States (July 2011, p 44).]

Juvenile Drug Treatment Court

Juvenile drug treatment court has a specialized docket within the juvenile or family court system, to which selected delinquency cases, and in some instances status offenders, are referred for handling by a designated judge. The youths referred to this docket are identified as having problems with alcohol and/or other drugs. The juvenile drug treatment court judge maintains close oversight of each case through regular status hearings with the parties and their guardians. The judge both leads and works as a member of a team comprised of representatives from treatment, juvenile justice, social and mental health services, school and vocational training programs, law enforcement, probation, the prosecution, and the defense. Over the course of a year or more, the team meets frequently (often weekly), determining how best to address the substance abuse and related problems of the youth and his or her family that have brought the youth into contact with the justice system (National Drug Court Institute & National Council of Juvenile and Family Court Judges, 2003). [Huddleston & Marlowe, National Drug Court Institute and United States Department of Justice Bureau of Justice Assistance, Painting the Current Picture: A National Report on Drug Courts and Other Problem-Solving Court Programs in the United States (July 2011, p 45).]

Michigan Drug Treatment Courts in Operation

Michigan has been a pioneer in the drug treatment court movement. There are currently 84 drug treatment courts in Michigan, consisting of 32 adult drug courts, 23 DWI courts, 15 juvenile drug courts, 11 family dependency courts, and 3 tribal healing-to-wellness courts. Michigan's drug treatment courts operate in 40 counties; however, the three tribal drug courts have special jurisdictions.


The Impact of Drug Treatment Courts

The effectiveness of drug treatment courts in reducing recidivism and substance abuse is well documented nationwide, and is associated with participants' successful completion of drug court programs. Graduation rates among Michigan drug treatment courts vary depending on drug court type. In FY 2005, the average graduation rate for adult circuit programs was 43 percent, adult district courts 54 percent, DWI programs 65 percent, and juvenile programs 43 percent. Overall, the graduation rates among Michigan drug treatment courts were consistent with the national completion rates, which range between 27 percent and 66 percent.

Drug treatment courts also save taxpayer dollars. In September 2006, Northwest Professional Consortium, Inc. (NPC) conducted drug court outcome and cost evaluations in Barry and Kalamazoo Counties. The studies showed a combined savings of almost $1 million dollars in 24 months. Other drug court research articles have been published by the National Institute of Justice and Center for Court Innovations:

Evaluations


Grant Funding Information

State Court Administrative Office (SCAO)/Edward Byrne Memorial (Byrne) Justice Assistance Grant (JAG) Program

Funds are made available through an interagency agreement with the Michigan State Police. This SCAO grant program funds drug treatment court programs that target priority populations, consisting of prison-bound offenders, nonviolent felony offenders, and probation violators.

SCAO/Office of Highway Safety Planning (OHSP) DWI Grant Program

Administered by SCAO from funds received from the Michigan State Police, Office of Highway Safety Planning, the OHSP grant program is funded by the National Highway Traffic Safety Administration (NHTSA). This grant program provides funding for planning and implementation grants for new and expanding DWI treatment courts.

Michigan Drug Court Grant Program

The State Court Administrative Office provides funding assistance for drug courts through its Michigan Drug Court Grant Program (MDCGP). Funding must be re-appropriated annually by the Legislature.

The MDCGP is modeled after the federal Drug Court Grant Program and requires compliance with the 10 Key Components of Drug Courts as outlined in the federal guidelines. Adult, juvenile, family dependency, and DWI (focused on drunken driving cases) programs are eligible to receive funding from the MDCGP. Information on the availability of grant funding and the grant deadlines are announced in the spring of each year.

Previous funding from the Federal Drug Court Program is not required for this grant program. Preference for funding will be given to jurisdictions that are currently applying for or have participated in the Federal Drug Court Planning Initiative. Applicants applying for funding from this program will not be precluded from subsequently making application for funding from the Federal Drug Court Grant Program.

For further information contact Carol Knudsen, Administrative Assistant-Specialty Courts, at 517-373-7351 or knudsenc@courts.mi.gov.


Drug Treatment Court Minimum Data Standards

Under MCL 600.1078, all adult and juvenile drug treatment courts must collect and provide data to the State Court Administrative Office (SCAO) on each drug court applicant and participant. MCL 600.1078(3) specifies that SCAO must develop a minimum standard data set that captures this data for the purpose of preparing an annual legislative report about drug court performance.


Case Management Resources




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