Drug Courts

Characteristics of Drug Treatment Courts

The first drug treatment court was established in Miami, Florida, in 1989 as a response to the increasing caseloads resulting from prosecutions for crack cocaine. The Miami court was created by Judge Herbert M. Klein, and his method of active judicial involvement with each client is a hallmark of the drug courts. It is this judicial involvement that is the distinguishing characteristic of drug treatment courts as well as other problem-solving or therapeutic courts. Clients in the early phase of the programs are required to attend weekly court sessions, where the judge will review their progress and distribute rewards and punishments as warranted.

As befits the emphasis on treatment, the relationship between the court professionals and the [Page 226]defendants is nonadversarial, and the judge, prosecutor, defense counsel, treatment providers, and other practitioners assigned to work with the drug court are to function as a team to review cases and arrive at decisions regarding the disposition of defendants. Defendants are tested frequently for drugs and must participate in drug treatment programs and other programming relevant to their individual needs. Defendants who comply with the court's requirements are rewarded with advancement through the phases of the treatment in the courts, which usually implies greater freedom and fewer mandatory treatment or court sessions. Defendants who fail to comply, such as by relapsing or by missing treatment group sessions, may be punished by brief stays in jail or loss of advanced status. Defendants who commit new crimes, repeatedly relapse, or commit other serious infractions of program rules may be instantly terminated. Many courts hold graduation ceremonies for those who successfully complete the program, which may take at least 1 year and as much as 2 years.

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