Drug courts developed nationwide in the 1990s in response to that decade's dramatic rise in the number of arrests for possession of methamphetamine, cocaine, ecstacy (or extacy), marijuana, or other illegal substances. Drug courts - used throughout California, including locally in Sacramento, Yolo, Placer, and El Dorado Counties - bring together judges, prosecuting attorneys, defense lawyers, treatment professionals, and probation officers to create a comprehensive program that provides the support and incentives needed to help drug users get clean and lead productive, fulfilling lives.
Drug courts work this way: If you're arrested for straight possession of drugs for personal use (nothing involving sale of drugs or violence) and have no felony convictions of any kind for the previous five years, you qualify for participation in drug court. According to California Penal Code 1000, you would enter a plea of guilty to the charges against you, and the court would issue a "deferred entry of judgment." You would then agree to participate in a comprehensive program that could include individual counseling, group sessions, drug testing, and other treatments. Upon completion of the program, the drug possession charges would be dismissed.
A study by the State of California's Administrative Office of the Courts showed that drug courts are good for defendants and society as a whole. During the period studied (1998 and 1999), drug court graduates had a recidivism rate of 17%, compared to 29% for defendants who participated in drug court but didn't complete the program, and 41% for defendants who did not participate at all. This obviously means more lives back on track, free from the negative consequences of drug use.
Moreover, though drug court requires increased expenditures for probation and treatment, counties with drug courts end up with significantly lower overall costs because of lower recidivism (fewer arrests, court dates, jail/prison/probation time) and lower costs for crime related to drug use. In fact, the study claimed that each successful graduate of drug court in 1998 and 1999 resulted in $11,000 of net savings to the court system and society. The overall savings for California's law enforcement, probation departments, social service agencies, and judicial system were estimated in 2000 to be $90 million.
To be clear, drug court under Penal Code 1000 is different than treatment offered under Proposition 36, known as the Substance Abuse and Crime Prevention Act, passed by California voters in 2000. Prop 36 allows drug possession offenders who don't qualify for drug court the chance to enter a treatment program after their conviction, with the hope that they can have the charges dismissed once they have successfully completed the program.
People afflicted with drug dependency, of course, should seek help from family, friends, and trained professionals. But if they do end up in the justice system, they at least have the possibility of righting their lives through drug court and Prop 36. The programs are demanding and require commitment and determination. But the benefits to individuals and society are undisputed. In these times of lean budgets, this is money well spent.
"California Drug Court Cost Analysis Study," May 2006, Administrative Office of the Courts
California Penal Code Section 1000, Justia.com
Proposition 36, The Substance Abuse and Crime Prevention Act of 2000
