People requesting information about adult drug courts will find the following information useful. It has been provided by West Huddleston, CEO, National Association of Drug Court Professionals in the United States.
What exactly is the abstinence requirement in the US courts and how is this laid down and by whom? And does it vary between States or on a client by client basis?
Abstinence is central to Drug Courts throughout the world. That doesn’t mean that abstinence is quickly or easily achieved by participants but it is the ultimate goal. How that is achieved in the Drug Court setting requires a much more involved discussion which I’m happy to have with you over the phone.
What are the parameters of the treatment order component – does it involve both a pharmaceutical and a psychological element and who decides this? How many orders demand residential rehabilitation?
In the U.S., treatment is generally a psycho-social model comprised of group therapy, individual therapy and mental health counseling (among other ancillary services). There is a huge push to use evidence-based treatment modalities such as cognitive-behavioral approaches and medically-assisted treatment.
Pharmacological interventions are being used more and more in Drug Court (i.e. methadone, Suboxone, Vitriol, etc.) for alcohol and opioid-dependant participants. Participants are assessed by a clinician on the Drug Court team and an individual treatment plan is developed for each participant based on each participant’s need(s).
Most treatment in Drug Court is delivered in intensive, out-patient settings due to the length (1 year or more).
Detox and other acute care is generally available when needed. Residential treatment is triggered when a participant cannot achieve sobriety in an out-patient setting. That decision is made by the entire Drug Court team.
What is the primary offence that brings the offender before the court – an actual drugs possession or dealing offence or any offence assumed to be drugs related.. Is drugs testing on arrest the route to the drugs court regardless of the crime that had been committed? Is drugs testing as routine for crimes of violence as for ‘acquisitive crime’?
There is no single primary offence that brings an offender into Drug Court. In the U.S., offense characteristics are only part of the decision-making tree. It’s easier to answer what type of offenses are not allowed in Drug Court.
Generally, violent offenses causing serious bodily injury are disqualified. Otherwise, so long as the offense is driven by alcohol and/or drug dependence, they are generally legally eligible. In addition, personal characteristics are also taken into account. Such “needs” are determined through a formal clinical assessment. Individuals who are diagnosed “dependant” are eligible. Drug testing is also conducted as a way to ensure the offender is a drug user and not just a dealer. For the most part, those offenders who have a high prognostic risk and who are in high need of treatment, have long histories of criminality and who are prison-bound represent the ideal target population for Drug Courts.
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