Overview
These programs have the following essential characteristics:
- The integration of alcohol and other drug treatment services in the processing of cases in the judicial system;
- The use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;
- Early identification and prompt placement of eligible participants in the program;
- Access to a continuum of alcohol, drug, and other related treatment and rehabilitative services;
- Monitoring of abstinence through weekly alcohol and other drug testing;
- A coordinated strategy to govern program responses to participants compliance;
- Ongoing judicial interaction with program participants;
- Monitoring and evaluation of program goals and effectiveness;
- Continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
- Development of partnerships with public agencies and community organizations.
Texas Government Code Sec. 123.001
DWI/DUI Court (drug court programs exclusively for certain intoxication offenses):
- The commissioners court of a county may establish under this chapter a drug court program exclusively for persons arrested for, charged with, or convicted of an offense involving the operation of a motor vehicle while intoxicated;
- A county that establishes a drug court program under this chapter but does not establish a separate program under this section must employ procedures designed to ensure that a person arrested for, charged with, or convicted of a second or subsequent offense involving the operation of a motor vehicle while intoxicated participates in the county’s existing drug court program.
Texas Government Code Sec. 123.005
Use of Other Drug and Alcohol Awareness Programs:
- In addition to using a drug court program established under this chapter, the commissioners court of a county or a court may use other drug awareness or drug and alcohol driving awareness programs to treat persons convicted of drug or alcohol related offenses.
Texas Government Code Sec. 123.007
Key Component #1
Drug courts integrate alcohol and other drug treatment services with justice system case processing.
- Program has a Memorandum of Understanding (MOU) in place between the drug court team members (and/or the associated agencies)
- MOU specifies team member roles
- MOU specifies what information will be shared
- Program has a written policy and procedure manual
- All key team members attend staffing (Judge, prosecutor, defense attorney, treatment, program coordinator, and probation)
- All key team members attend court sessions/status review hearings (Judge, prosecutor, defense attorney, treatment, program coordinator, and probation)
- Law enforcement (e.g. police, sheriff) is a member of the drug court team
- Law enforcement attends court team meetings (staffings)
- Law enforcement attends court sessions (status review hearings)
- Treatment provider(s) communicates with court via email
Key Component #2
Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants’ due process rights.
- A prosecuting attorney attends drug court team meetings (staffings)
- A prosecuting attorney attends court sessions (status review hearings)
- The defense attorney attends drug court team meetings (staffings)
- The defense attorney attends court sessions (status review hearings)
Key Component #3
Eligible participants are identified early and promptly placed in the drug court program.
- The time between arrest and program entry is 50 days or less
- Current program caseload/census (number of individuals actively participating at any one time) is less than 125
- The drug court allows other charges in addition to drug charges
- The drug court accepts offenders with serious mental health issues, as long as appropriate treatment is available
- The drug court accepts offenders who are using medications to treat their drug dependence
- Program uses validated, standardized assessment to determine eligibility
- Participants are given a participant handbook upon entering the program
Key Component #4
Drug courts provide access to a continuum of alcohol, drug and other treatment and rehabilitation services.
- The drug court works with two or fewer treatment agencies or has a treatment representative that oversees and coordinates treatment from all agencies
- The drug court requires participants to meet individually with a treatment provider or clinical case manager weekly in the first phase of the program
- The drug court offers a continuum of care for substance abuse treatment (detoxification, outpatient, intensive outpatient, day treatment, residential)
- Program uses validated, standardized assessment to determine level or type of services needed
- Treatment providers administer evidence-based, manualized behavioral or cognitive-behavioral treatments
- The drug court offers gender specific services
- The drug court offers mental health treatment
- The drug court offers parenting classes
- The drug court offers family/domestic relations counseling
- The drug court offers residential treatment
- The drug court offers health care
- The drug court offers dental care
- The drug court offers anger management classes
- The drug court offers housing assistance
- The drug court offers trauma-related services
- The drug court offers a criminal thinking intervention
- The drug court provides relapse prevention services for all participants
- The drug court provides services to participant's families/children
- The drug court provides childcare while participants are in treatment or in court (or participating in other drug court requirements)
- Program provides (or partners with service providers who provide) participants with legally prescribed psychotropic or addiction medication (MAT)
- The minimum length of the drug court program is 12 months or more
- Treatment providers are licensed or certified to deliver substance abuse treatment
- Treatment providers have training and/or experience working with a criminal justice population
- Caseloads for probation/supervision officers do not exceed 30 active participants (up to 50 if mix of low risk and no other caseloads/responsibilities)
- Caseloads for clinicians providing case management and treatment do not exceed 30 active participants (up to 50 if counseling or case management)
Key Component #5
Abstinence is monitored by frequent alcohol and other drug testing.
- Drug testing is random/unpredictable
- Drug testing occurs on weekends/holidays
- Collection of test specimens is witnessed directly by staff
- Staff that collect drug testing specimens are trained in appropriate collection protocols
- Drug test results are back in 2 days or less
- Drug tests are collected at least 2 times per week
- Participants are expected to have greater than 90 days clean (negative drug tests) before graduation
Key Component #6
A coordinated strategy governs drug court responses to participants’ compliance.
- Program has incentives for graduation, including avoiding a criminal record, avoiding incarceration, or receiving a substantially reduced sentence
- Sanctions are imposed immediately after non-compliant behavior (e.g., drug court will impose sanctions in advance of a client's regularly scheduled court hearing)
- Team members are given a written copy of the incentive and sanction guidelines
- Program has a range of sanction options (including less severe sanctions such as writing assignments and community services and more severe sanctions such as jail time)
- In order to graduate participants must have a job or be in school
- In order to graduate participants must have a sober housing environment
- In order to graduate participants must have paid all court-ordered fines and fees (e.g., fines, restitution)
- Participants are required to pay court fees
- The drug court reports that the typical length of jail sanctions is 6 days or less
- The drug court retains participants with new possession charges (new possession charges do not automatically prompt termination)
Key Component #7
Ongoing judicial interaction with each participant is essential.
- Participants have status review sessions every 2 weeks, or once per week, in the first phase
- Judge spends an average of 3 minutes or greater per participant during status review hearings
- The judge’s term is as least 2 years or indefinite
- The judge was assigned to drug court on a voluntary basis
- In the final phase of drug court, the clients appear before the judge in court at least once per month
Key Component #8
Monitoring and evaluation measure the achievement of program goals and gauge effectiveness.
- The results of program evaluations have led to modifications in drug court operations
- Review of program data and/or regular reporting of program statistics has led to modifications in drug court operations
- The drug court maintains data that are critical to monitoring and evaluation in an electronic database (rather than paper files).
Key Component #9
Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations.
- All new hires to the drug court complete a formal training or orientation
- All members of the drug court team are provided with training in the drug court model
- Drug court staff members receive ongoing cultural competency training
Key Component #10
Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court program effectiveness.
- The drug court has an advisory committee that meets twice per year
- The drug court has an advisory committee that includes community members
- The drug court has a steering committee or policy group that meets regulars to review policies and procedures
