Drug Court ModelsPresenters:• Jo Ann Ferdinand, JD, Acting Justice, New York State

Supreme Court, Brooklyn Treatment Court• Vanessa Price, Chair, Oklahoma Pardon and Parole Board,

and Inspector (Retired), City of Oklahoma City Police Department

Law Enforcement Track

Moderator: Connie M. Payne, Executive Officer, Department of Specialty Courts, Kentucky Administrative Office of the Courts, and Member, Operation UNITE Board of Directors

Disclosures

Jo Ann Ferdinand, JD; Vanessa Price; and Connie M. Payne have disclosed no relevant, real, or apparent personal or professional financial relationships with proprietary entities that produce healthcare goods and services.

Disclosures

• All planners/managers hereby state that they or their spouse/life partner do not have any financial relationships or relationships to products or devices with any commercial interest related to the content of this activity of any amount during the past 12 months.

• The following planners/managers have the following to disclose:– John J. Dreyzehner, MD, MPH, FACOEM – Ownership interest:

Starfish Health (spouse)– Robert DuPont – Employment: Bensinger, DuPont &

Associates-Prescription Drug Research Center

Learning Objectives

1. Explain the operation and benefits of Drug Court programs.

2. Discuss how law enforcement officials can make good use of Drug Court programs.

3. Identify best practices among Drug Court programs.

The Drug Court ModelWhere Compassion Meets Accountability

Honorable Judge Jo Ann FerdinandPresiding Judge, Brooklyn Treatment Court

Acting Justice Supreme Court, New York State

Disclosure Statement

Judge JoAnn Ferdinand, has disclosed no relevant, real or apparent personal or

professional financial relationships with proprietary entities that produce heath care

goods and services.

Approved Learning Objectives

1. Explain the operation and benefits of Drug Court programs.

2. Discuss how law enforcement officials can make good use of Drug Court programs.

3. Identify best practices among Drug Court programs.

Why Substance Abuse Disorders matter to the Criminal Justice System

• Why people use drugs

• Addition is a Brain Disease says Alan Leshner, former Director, NIDA

• Using drugs repeatedly overtime changes brain structure in fundamental and long lasting ways

Relationship between Substance Abuse and Crime

• 50 to 70% of arrestees test positive for recent drug use (Arrestee Drug Abuse Monitoring Program -- ADAM II)

• Drug offenders in both Federal and State Prison– Federal: 50% of population (59% of women)– State: 16% of population (24% of women)– Bureau of Justice Statistics (2015)

Drugs and Crime RelationshipDrug-defined Offenses Violation of laws prohibiting

or regulating possession/distribution of drugs

Possession, use, production, sales

Drug-related Offenses which are motivated by the pharmacologic effects, need for money, and offenses related to drug distribution

Violent behavior, stealing, violence against drug dealers

Drug-using lifestyle Drug use and crime are part of lifestyle, likely to not participate in the legitimate economy, exposed to situations which encourage crime

Emphasis on short-term goals supported by illegal activities, criminal skills learned from other offenders

Traditional Responses DON’T work!

Traditional criminal justice responses don’t work!• Addiction involves compulsive drug seeking

and drug using behaviors

• In spite of negative consequences, traditional penal punishments have minimal effect

Traditional methods of Jurisprudence…

Traditional methods of Jurisprudence are ill suited to dealing effectively with Addicts

• Despite increased penalties and mandatory sentences drug use persists

Recidivism

• National Statistics on Recidivism (Bureau of Justice Statistics)

– Within 3 years of release about 2/3 (67.8%) of released prisoners were rearrested

– 76.9% of drug offenders are rearrested for a new crime

Why Drug Court?• Use the authority of the court to reduce drug use and crime

by changing defendant’s drug using behavior

• Legal coercion effective in getting people to enter treatment and enhancing retention and compliance

• Procedural Fairness and Proportionality provide an alternative to incarceration

• Drug courts work: outcome studies of retention and recidivism rates

Key Components and Best Practices

• Maximize opportunities to connect people to treatment upon first contact with law enforcement (arrest as crisis)

• Early identification and prompt referral to appropriate services

• Universal screening for level of need, including risk, substance use and mental health

• Resolve cases in way which promotes recovery from drug abuse and encourages drug addicts to accept responsibility for their addiction by completing a court supervised treatment mandate

Key Components and Best Practices

• Ensure services and supervision are individualized and evidence-based

• Use a team approach including police, prosecution, defense, treatment providers, and court to enhance likelihood of successful outcomes

• On-going judicial supervision to monitor participation and abstinence, and to respond to compliance with sanctions and rewards

• Assist with vocational, educational and employment• Provide opportunities for sober recreational activities and

strengthen family ties

RX Drug and Heroin Abuse

RX Drug and Heroin Abuse• Increasing numbers of arrestees

test positive for opiates since 2000 including illegal prescription drugs (ADAM II 2013 Report)

• Heroin use has increased– Rates of prescription drug abuse

has risen– overdose deaths are climbing

• Deaths related to drugs occur within weeks of release from prison

RX Drug and Heroin Abuse

• Medication Assisted Treatment (MAT)– Use of methadone, buprenorphine, and naltrexone– Treatment given before release from prison increases

treatment retention and reduces drug use– NADCP Resolution requires drug court to permit use of

MAT based on the needs of the individual participant

Outcomes

Drug courts reduce crime• Recidivism studies show

recidivism for Drug Court Graduates between 4% and 29%

• Compared to 48% for those who do not graduate

• BTC Recidivism less than 10%

Drug courts save money• Cost of treatment

compared to jail

• Savings in health costs

• Graduates work and pay taxes

Resources

Carey et al. (2012). What works? The 10 Key Components of Drug Courts: Research based best practices. Drug court Review, 8, 6-42.

Leshner A. I. (1997). Addiction is a Brain Disease, and it matters. National Academy of Sciences Magazine, 278.

Shaffer (2010). Looking inside the black box of Drug Courts: A meta-analytic review. Justice Quarterly, 28 (3), 493-521.

http://www.american.edu/spa/jpo/initiatives/drug-court/

http://samhsa.gov/gains-center

DRUG COURT MODEL

Vanessa Price, BAChair – Oklahoma Pardon and Parole BoardInspector (Retired) – Oklahoma City Police Department

Operation and Benefits

inSpecialty Courts

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The Ten Key Components1. Justice and Treatment

Integration2. Non-adversarial Approach3. Early Identification4. Continuum of services5. Drug Testing6. Coordinated Strategy7. Judicial Supervision8. Monitoring and Evaluation9. Interdisciplinary Education10. Forging Partnerships

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Early Signs

• Often legal complications begin during the early stages of substance abuse, before addiction has actually developed. Informed and concerned law enforcement officers can play a major role in prevention of substance abuse, and addiction, as well as in bringing addicts into recovery programs.Read more: Role of Law Enforcement in Substance Treatment | eHow.com http://www.ehow.com/about_5087706_role-law-enforcement-substance-treatment.html#ixzz1SPslbGYt

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Prevention

• Law enforcement officers, and programs, can be effective as agents of prevention of alcohol and other drug abuseRead more: Role of Law Enforcement in Substance Treatment | eHow.com http://www.ehow.com/about_5087706_role-law-enforcement-substance-treatment.html#ixzz1SPt23TcT

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Domestic Violence

• While substance abuse is not the direct cause of, nor an excuse for domestic violence, there is a documented, strong relationship between the two. Read more: Role of Law Enforcement in Substance Treatment | eHow.com http://www.ehow.com/about_5087706_role-law-enforcement-substance-treatment.html#ixzz1SPtG1jTj

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• Collaborative approach to treating substance abusing offenders in the community

• Program Participants receive:– Frequent drug and alcohol testing– Intensive supervision by local or state probation

agencies– Appropriate levels of treatment for substance

abuse disorders– Regular contact with the supervising judge

The Drug Court Model

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• Drug courts are designed to provide intensive treatment for substance abusing offenders in the community.

• Program participants are supervised rigorously and held accountable for their actions by the court.

• The target population for drug courts is individuals with high risk and need factors.

Benefits

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• The drug court process requires collaboration and early identification of potential participants.

• The program itself has phases with descending levels of program requirements as participants progress through the drug court.

• Candidates for the drug court programs should be those who present with significant substance abuse treatment needs and are at high risk of continuing their criminal behaviors.

Benefits

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How Law Enforcement Can Make Good Use

OfDrug Court Involvement

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• “Adult Drug Courts are not designed to treat all drug-involved offenders” (Marlowe, 2012).

• Drug Courts can serve offenders with a variety of criminal offenses, even non drug-related offenses.

• Assessment is critical when determining drug court eligibility.

Targeting the Right Population

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• Additionally, those with high levels of prognostic risk are well suited for this intervention.

• Prognostic risk refers to the “likelihood that an offender will not succeed on standard supervision and will continue to engage in the same pattern of behavior that got him or her into trouble in the first place” (Marlowe, 2012).

• This is NOT necessarily a risk of violence measure.

High Prognostic Risk

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• Age• Age of onset of criminality• Age of onset of substance use/abuse.• Seriousness of criminal history.• Psychopathy• Antisocial personality disorders• Criminal associations• Family history

Risk Factors

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• Individuals that present with high levels of needs related to substance abuse are appropriate for this intervention.

• Needs refer to personal issues that can be treated to reduce further criminogenic behavior.

Criminogenic Needs

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• Major psychiatric disorders• Trauma or brain injury• Lack of living or employment skills

Criminogenic Needs

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Prescription Drugs

TREATMENT AND SPECIALTY COURT

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Prescription Drug Epidemic

Emerging Challenges in the Drug Court Setting

Changing trend in substance abuse that

MUST BE CONSIDERED38

Best Practice Standards

Volume 11. Target Population2. Historically

Disadvantaged Groups3. Roles and Responsibilities

of Judge4. Incentives, Sanctions and

Therapeutic Adjustments5. Substance Abuse

Treatment

Volume 26. Complimentary

Treatment and Social Service

7. Drug and Alcohol Testing8. Multi-Disciplinary Team9. Census and Caseload10. Monitoring and

evaluation

Drug Court ModelsPresenters:• Jo Ann Ferdinand, JD, Acting Justice, New York State

Supreme Court, Brooklyn Treatment Court• Vanessa Price, Chair, Oklahoma Pardon and Parole Board,

and Inspector (Retired), City of Oklahoma City Police Department

Law Enforcement Track

Moderator: Connie M. Payne, Executive Officer, Department of Specialty Courts, Kentucky Administrative Office of the Courts, and Member, Operation UNITE Board of Directors