Steven Hanson - Cliffside
Transcript of Steven Hanson - Cliffside
Preface
Almost half of the criminals in jail or prison are clinically addicted
to drugs. Drug addicts overpopulate prisons, which is a burden for
taxpayers. A solution for this problem is drug courts; drug courts have
proven to be an effective way of getting drug-addicted criminals clean
and sober, thus making them less likely to get re-arrested, which
ultimately lowers taxpayer costs.
This report seeks answers to three questions:
1. What is a drug court?
2. Are drug courts effective at reducing both recidivism rates
and costs?
3. Does the country need more drug courts?
Using empirical, statistical, and anecdotal evidence, this report will
answer these questions.
Table of Contents
List of Figures........................................................................................iv Abstract..................................................................................................v INTRODUCTION.....................................................................................1 WHAT IS A DRUG COURT?....................................................................3 How a Drug Court Operates..........................................................4 Difference between Drug Court and Criminal Court......................6
Difference between Drug Court and Traditional Treatment Programs......................................................................................9
History of Drug Courts..................................................................9 CLAY/BECKER DRUG COURT: A CASE STUDY...................................12 DRUG COURT EFFECTIVENESS..........................................................21 Reducing Recidivism Nationwide.................................................21 Saving Money Nationwide............................................................24 Drug Court Graduate Testimonials..............................................31 THE NEED FOR MORE DRUG COURTS...............................................33 Drug Court Professionals’ Opinions.............................................34 CONCLUSION......................................................................................36 WORKS CITED.....................................................................................38
List of Figures
Figure 1: Different Paths Drug-Addicted Offenders Take Through the System.....................................................................................8
Figure 2: Drug Court Locations in the United States............................11 Figure 3: Operational Drug Courts in Minnesota...................................14 Figure 4: Clay/Becker Drug Court Graduate Jodi Klonowski with her
Children.................................................................................19 Figure 5: First Clay/Becker Drug Court Graduate Scott Salverson and
Judge Lisa Borgen.................................................................20 Figure 6: Thurston County Recidivism Comparison..............................25 Figure 7: Thurston County Cost Comparison........................................29 Figure 8: Kentucky’s Criminal Justice Options: Average Cost Per Person
Per Year.................................................................................30
Abstract
This report examines the effectiveness of drug courts throughout
the United States. A detailed description of the drug court model is given,
followed by an in-depth case study of the Clay/Becker Drug Court in
Minnesota. Based on interviews of drug court professionals and drug
court graduates, results from empirical testing, and national statistics, a
conclusion is made that drug courts are effective. The effectiveness of
drug courts is evidenced by their graduates’ low recidivism rate, which
leads to lower costs for taxpayers. Thus, a recommendation is made that
all counties without a drug court should adopt one.
Introduction
Prisons are being overpopulated with drug addicts: Almost half of
all criminals in jail or prison are clinically addicted to drugs. After they
are released from prison, sixty-to-eighty percent of drug-addicted
criminals commit a crime, a crime typically involving drugs (“The Facts
on Drugs”). This recidivism is a problem that needs to be addressed. One
effective solution to this problem is the use of drug courts. Drug courts
provide judicially supervised treatment for nonviolent drug-addicted
offenders. The goal of drug courts is to get addicts clean so that they will
be less likely to commit crimes.
The purposes of this report are to show that drug courts provide
an effective way to rehabilitate drug addicts, which reduces crime and
saves money and to convince counties without a drug court to adopt one.
This report presents national data and data from certain states and an
in-depth study of a drug court in Minnesota.
This report begins by explaining how drug courts operate and by
giving a brief overview of the history of drug courts. Next, a case study of
the Clay/Becker Drug Court in Minnesota is presented. The report then
shows the positive effects that drug courts have on reducing crime and
on saving money by presenting national statistics and testimonials from
drug court graduates and drug-court professionals. The report concludes
by explaining the need for more drug courts throughout the country.
What is a Drug Court?
A drug court involves the usual players associated with traditional
criminal court: a judge, a prosecutor, a defense attorney, and a
defendant. However, the process of a drug court is much different.
According to the National Association of Drug Court Professionals
(NADCP), a drug court is a program that combines judicial monitoring
and effective treatment to compel drug-addicted criminals to rehabilitate
themselves. For at least one year, participants in a drug court are
provided intensive treatment to get clean and sober; they are held
accountable by a judge for meeting their obligations; they are randomly
tested for drugs; they are required to appear in court on a regular basis;
and they are rewarded for following the rules and sanctioned when they
break the rules (“About NADCP,” “What are Drug Courts?”).
Instead of going to jail, drug-addicted criminals try to get clean and
sober. If so, they remain out of jail. If they relapse or break any other
rule, however, they will be punished by imprisonment. Caroline Cooper,
associate director of the Justice Programs Office of the School of Public
Affairs at American University in Washington, D.C., calls this the “carrot
and stick” approach (245).
Keeping criminals out of jail may sound like a “soft-on-crime”
approach, but Cooper assures that drug courts are based on a
“pragmatic recognition by criminal justice policy-makers that substance
addiction is a chronic, relapsing physiological condition—in addition to
the criminal activity it spurs—and that this condition requires treatment”
(245).
How a Drug Court Operates
According to the NADCP, only criminals who are chemically
dependent on drugs can participate in drug court. Although eligibility
requirements vary, some requirements are typical nationwide. For
example, most drug courts do not consider violent offenders. Drug courts
consider both drug crimes and “drug-driven” crimes (“What are Drug
Courts?”). Drug courts not only consider people accused of drug crimes
(i.e. possessing illegal drugs), but also consider drug-driven crimes.
According to the NADCP, drug courts typically employ a treatment
process divided into three phases: a stabilization phase, an intensive
treatment phase, and a transition phase. The stabilization phase usually
includes an initial treatment assessment and detoxification. The
intensive treatment phase emphasizes group and individual therapy. The
transition phase focuses on transitioning the participants from a life
addicted to drugs to a clean life. This emphasizes helping the
participants reintegrate into society by finding employment, education,
and housing (Defining Drug Courts 1).
Difference Between Drug Court and Criminal Court
Although drug court involves some aspects of traditional criminal
court, the two are vastly different. Attorney Mark Western of Fargo,
North Dakota, calls drug court a “parallel universe” to traditional
criminal court. The NADCP lists ten key components that a drug court
must have in order to be successful. One of those components describes
a key difference between drug court and criminal court:
Using a nonadversarial approach, prosecution and defense
counsel promote public safety while protecting participants’
due process rights. To facilitate an individual’s progress in
treatment, the prosecutor and defense counsel must shed
their traditional adversarial courtroom relationship and work
together as a team. (Defining Drug Courts 3)
The journey that drug-addicted offenders take through the legal
system is determined by their eligibility for drug court. Figure 1 contrasts
the different paths drug-addicted offenders can take through the legal
system, either drug court or criminal court. As shown in Figure 1, the
process starts with an arrest. If offenders are rejected from the drug
court program, they take the criminal court route, which includes a trial.
If they are found not guilty, they are free to go back to their lives. If they
are found guilty, they go to jail or prison. If offenders are accepted into
drug court, however, they go through the three phases of the program. If
they complete the program, their charges are either dismissed or
reduced. If they break the rules, participants can be dismissed from the
program and put into jail.
Different Paths Drug-Addicted Offenders Take through the System
Difference Between Drug Court and Traditional Treatment Programs
Drug court is also different from traditional treatment programs.
According to the NADCP, drug courts more closely supervise drug
addicts than traditional treatment programs (“Drug Courts Work”). In
drug court, however, if an addict quits the program, then he or she goes
to jail. Figure 1
Source: “The Drug Court Process.” Medscape. 20 Nov. 2009 <http://www.ojp.usdoj.gov/nij/topics/courts/drug-courts/welcome.htm>.
Drug courts seem to work better than traditional treatment
programs at getting addicts clean and sober because of their supervision
and strictness. The NADCP claims that if drug-addicted offenders are not
supervised by a judge, seventy percent quit treatment before they get
clean and sober (“Drug Courts Work”).
History of Drug Courts
According to the NADCP, the first drug court was created in
Miami-Dade County, Florida, in 1989. It was started by justice
professionals who were tired of seeing the same people go through the
system over and over again for drug crimes. Ten years after the creation
of the first drug court, there were 492 drug courts in the country
(“History”) compared to today’s 2,301. The great increase in the number
shows that more and more counties are adopting drug courts.
Figure 2 shows the locations of the numerous drug courts in the United
States.
Figure 2
Source: “Drug Courts.” United States Department of Justice. 20 Nov. 2009 <http://www.ojp.usdoj.gov/nij/topics/courts/drug-courts/welcome.htm>.
Clay/Becker Drug Court: A Case Study
In 2006, Clay County Judge Lisa Borgen began preliminary planning for
a joint drug court program between Clay and Becker Counties. While
trying to get approval for the drug court program, Borgen had difficulty
trying to convince the county commissioners that a drug court program
would ultimately save both time and money (Borgen). After Borgen and
the rest of the drug court team were able to convince the county
commissioners in 2007, the Clay/Becker Drug Court Program was
underway. Before the program could officially start, all the members of
the drug court team would have to attend training through the National
Drug Court Institute (Borgen).
Borgen stated that participants who go through the drug court
program must meet certain criteria before they can be enrolled in the
program. First, in order to be considered for the program, participants
must be convicted of a crime that furthers their drug addiction, such as
a burglary or forging a signature for prescription drugs. Then, the drug
court team, which consists of a judge, the drug court coordinator,
probation agent, public defender, and the drug court prosecutor, has to
decide if it feels that this person will able to successfully complete the
program. Also, he or she must have a nonviolent history in order to be
enrolled.
Figure 3 Source: “Operational Drug Courts in Minnesota (36).” Minnesota Judicial
Branch. 4 Dec. 2009 <http://www.mncourts.gov/Documents/0/Public/Drug_Court/Drug_Courts_Map_V
1.jpg>.
According to Borgen, the average drug court participant takes
eighteen months to two years to complete the program. Tama Puhr, the
drug court probation agent, oversees the “intensive supervision” aspect
of the drug court. Puhr goes to the participants’ homes (all of whom
must live in Clay or Becker County and be able to get to drug court on
their own) and periodically checks to make sure they are staying clean
and their home is chemically free. Also, the participants need to check
in and report to Puhr where they are at all times of the day.
Participants have three phases they must complete in order to
“graduate” from the program. The first phase of this program is the
“choice” phase. In phase one, the participants begin their commitment
to “establish abstinence and chemical dependency treatment”
(Clay/Becker Handbook). The participants must attend the weekly drug
court review hearings and attend Alcoholics and Narcotics Anonymous
meetings two to three times every week. Upon finishing phase one, the
participants move to phase two, where they establish their recovery
goals. While in phase two, the participants must either be employed or
be doing volunteer work within the community. Phase three is the final
and the most rigorous phase of the program. This “change” phase
requires participants to complete a volunteer project and to be
completely drug free for one year. The participants are required to have
a driver’s license and to have a paying job (Clay/Becker Handbook).
Upon the completion of phase three, the participants graduate from the
program and present their essay about their community volunteer
project or employment experience, along with an essay about what drug
court meant to them and how it changed their life (Borgen). Since Clay
and Becker Counties have used a drug court, eight people have
successfully gone through the program and have become chemically free.
Borgen said that drug court is a team effort. By this, she means
that the entire drug court team and the other participants are there to
support each other through each phase of the program. Participants
who attend the drug court meetings have to stay until every person who
is in attendance has had his or her turn. This way, if someone has a
particular accomplishment or slip-up, all the other participants can
support him or her.
These members felt that drug court has changed the lives of those
who have been involved. They all recommended that other counties, if
they have the means, institute a drug court program. For many
participants, drug court seems to provide structure and helps them learn
to set priorities, a new skill for participants (Puhr interview). “If it wasn’t
for this program, I would be dead,” says thirty-four-year-old drug court
graduate Jodi Klonowski. After losing custody of her son and realizing
she was pregnant, “things finally began to sink in that I had no control
anymore,” she admitted (qtd. in Lawonn, “I’ve Come This Far”). Figure 4
shows Klonowski with her children. Without drug court, Klonowski
would have lost her children.
The first drug court graduate, Scott Salverson, commented that
although he may not have gotten everything back that he lost when was
abusing drugs, what he has gotten back through drug court and rehab
has made “my life worth it” (qtd. in Lawonn, “Budget Woes Threaten
Drug Court”). Drug court provided Salverson the motivation he needed
to put his life back on the right track. Figure 5 depicts Salverson during
his graduation from drug court.
Clay/Becker Drug Court Graduate Jodi Klonowski with her Children
Figure 4 Source: Lawonn, Brittany. “'I've come this far': Clay County
drug court graduate regains life, son.” The Forum 4 June 2009: n. pag. Web. 7 Oct. 2009.
First Clay/Becker Drug Court Graduate Scott Salverson and Judge
Lisa Borgen
Figure 5 Source: Lawonn, Brittany. “Budget woes threaten drug
court.” The Forum 29 Jan. 2009: n. pag. Web. 7 Oct. 2009.
Drug Court Effectiveness
The structured model of drug courts has succeeded in reducing
both recidivism and costs. Merriam-Webster’s Online Dictionary defines
recidivism as a “relapse into criminal behavior” (“Recidivism”). Recidivism
for drug court graduates would be getting re-arrested for a drug crime or
drug-driven crime. Shelley Johnson Listwan, Deborah Koetzle Shaffer,
and Jennifer L. Hartman assert that drug courts have been empirically
tested in numerous studies, and the results of the studies generally
conclude that drug courts reduce recidivism and costs (630).
Reducing Recidivism Nationwide
Drug court is a highly effective method for reducing recidivism of
drug-addicted offenders. According to the NADCP, the average recidivism
rate for drug court graduates is sixteen percent in the first year after
graduation, and twenty-seven percent in the second year after
graduation. On average, people on probation violate their probation over
sixty percent of the time (“The Facts on Drugs”). The recidivism rate for
drug court graduates may sound high, but compared to conventional
probation, the recidivism rate for drug court graduates is actually very
low because the drug court model gets and keeps people clean and
sober. The following examples show how recidivism for drug court is
lower compared to traditional methods.
Clay/Becker. Since the Clay/Becker Drug Court officially started
back in 2007, there have been eight graduates. All eight of these people
have gone on to lead sober lives and have been contributing members of
society. Not one of these graduates has been re-arrested for the
possession of an illegal substance. Recidivism rates remain low in drug
court because drug court is also motivation for these people; if they do
not comply with the demands of the drug court or they happen to be
caught using drugs, they are sent to jail. “It’s this or prison,” said one of
the participants in a November 25 drug court hearing; “and this is better
than prison,” responded Judge Borgen. The Clay/Becker Drug Court
has been a success; with recidivism rates low, and graduation rates
high.
Baltimore, Maryland. Not only are drug courts better at reducing
recidivism than probation, but they are also better at reducing recidivism
than traditional treatment. Jeffrey A. Bouffard of Washington State
University and Katie A. Richardson of North Dakota State University
describe a study done in Baltimore, Maryland, that compares the
recidivism rates of drug court to the recidivism rates of traditional
treatment. In this study, drug-addicted offenders were placed either into
a drug court program, the experimental group, or they were placed into
traditional treatment, the control group. The study concluded that “the
participants placed in drug court were significantly less likely than the
control group to have reoffended after one year” (Bouffard and
Richardson 276).
Eau Claire County, Wisconsin. The positive effects that drug
courts have on recidivism rates can be seen in Eau Claire County,
Wisconsin. According to Dan Holtz of The Leader-Telegram, an Eau
Claire newspaper, drug court has reduced recidivism in Eau Claire
County by twenty-eight percent compared to the recidivism rate of prison
inmates. In Wisconsin, the recidivism rate for inmates released from
prison is forty percent. The recidivism rate for drug court graduates in
Eau Claire County is only twelve percent (Holtz). Compared to released
state prison inmates, drug court graduates in Eau Claire County are
substantially less likely to reoffend.
Thurston County, Washington. Thurston County, Washington,
has also experienced relatively low recidivism rates for its drug court.
According to the Thurston County Drug Court Website, the recidivism
rate for its drug court graduates is twelve percent. This number is
extremely low compared to the recidivism rate for released inmates from
Washington state prison, which is sixty-two percent, and the recidivism
rate for inmates released from Thurston County Jail, which is seventy-
two percent (“Value to Taxpayer”). The Thurston County Drug Court has
reduced recidivism by an incredible fifty to sixty percent. Figure 6
compares the recidivism rate of Thurston County’s drug court to that of
state prison and Thurston County Jail.
Saving Money Nationwide
Drug courts are not only effective at reducing recidivism, but they are
also effective at saving money. According to the NADCP, taxpayers on
average save $4,000 to $12,000 per drug court participant per year. This
is due to the fact that drug courts reduce the “revolving door” of
criminality (“Drug Courts Work”). The revolving door refers to the
rampant recidivism associated with probation, jail, and prison. When
offenders are released from jail or prison, they are likely to get arrested
again, and the cycle repeats, costing taxpayers more and more money.
The reduced rate of recidivism associated with drug courts decreases the
likelihood of revolving-door offenders, which ultimately decreases costs.
The following examples illustrate the positive effect drug courts have on
reducing costs across the entire country.
Thurston County Recidivism Comparison
Figure 6
Source: “Value to Taxpayer.” Thurston County Community Drug Court Support Foundation. 2 Nov. 2009 <http://www.tcdrugcourtfoundation.org/Index.htm>.
Clay/Becker. In addition to drug courts’ helping people with their
addiction, in the long run, it will save money for the county. Borgen
explained that many parents who are addicted to drugs will have their
children taken away and put into foster care. Those involved in drug
court, however, are usually sober enough to keep their children. Putting
someone in foster care can cost a lot of money (Borgen). According to
Borgen, housing someone in prison costs about sixty-five dollars every
day. Through drug court, these people save the county almost $24,000,
which is the cost to incarcerate a person for one year.
Eau Claire County, Wisconsin. The reduced recidivism rate in
Eau Claire County has led to a reduction in costs for taxpayers.
According to Eau Claire County Drug Court Judge Lisa Stark, “Drug
court has saved county and state taxpayers an estimated $2.3 million
over the past five years” (qtd. in Holtz). Since drug court participants are
not in jail or prison, taxpayers do not have to pay to house them. The
reduced recidivism rates associated with drug court graduates also plays
a role in reducing costs. Drug court graduates are not re-arrested as
often as released inmates, thus saving taxpayers more money in the long
run.
Thurston County, Washington. The Thurston County Drug Court
is also clearly saving money for taxpayers. According to the Thurston
County Drug Court Website, it costs the county $16.00 per day for each
drug court participant. It costs the county $72.83 per day for each
person housed in the county jail, and it costs $74.44 per day to house
an inmate in state prison (“Value to Taxpayer”). Thurston County shows
that a drug court is more economical than a jail or prison. Figure 7
compares the costs of Thurston County’s drug court to county jail and
state prison.
Kentucky. Another example of the reduced costs of drug courts
can be seen in Kentucky. According to Mary Meehan of the Lexington
Herald-Leader, a Kentucky newspaper, Kentucky has invested $56
million in its drug court program. Every county in Kentucky has a drug
court (Meehan). The amount of money that the state has invested in its
drug court program shows that drug courts save money. A state would
not invest such a vast amount of money in a program if it were not sure
that the program would decrease costs. Figure 8 compares Kentucky’s
cost per person per year of drug court to probation, jail, and prison. Note
that while drug court is significantly cheaper than jail or prison, it is not
the cheapest option. Probation is the cheapest option. The recidivism rate
for drug court graduates is much lower than the recidivism rate for
people on probation; therefore, the long-run costs will be lower because
the drug court graduates will not reoffend as often.
Thurston County Cost Comparison
Figure 7
Source: “Value to Taxpayer.” Thurston County Community Drug Court Support Foundation. 2 Nov. 2009 <http://www.tcdrugcourtfoundation.org/Index.htm>.
Figure 8
Source: Meehan, Mary. “The ‘Carrot’ is Help; the ‘Stick’ is Jail.” Lexington Herald-Leader 14 Oct. 2007. 20 Nov. 2009 <http://www.kentucky.com/670/story/198207.html>.
Drug Court Graduate Testimonials
John and Sam (real names withheld), two recent drug court
graduates (November 25, 2009), stated that drug court saved their jobs,
marriage, and their lives. Sam felt that drug court was a “second
chance.” At the end of the drug court hearing, both John and Sam
presented what drug court meant to them. John told the court how drug
court had saved his business and how he felt better both mentally and
physically. He said, “Thank you, drug court, for another chance in life.”
Both graduates had to also take part in a community service project.
John’s project involved helping younger children; he invested over 150
hours in helping these young people and seemed to enjoy every minute of
it. He told the court how rewarding this experience was for him and how
much he benefited through helping these kids.
Sam, the second graduate, told the court that “drug court was a
second chance, compared to the alternative.” Sam stated that drug
court was a gift. He knew he needed to make changes in his life, but did
not know how. He said during his graduation that drug court gave him
“the tools” to change his life. He feels that he has found a piece of the
contentment that others have because of drug court. Sam’s project
consisted of three separate, smaller projects.
The Need for More Drug Courts
Although the number of drug courts has significantly increased in
the last ten years, there are still not enough of them in the country.
According to the NADCP, only one half of the current drug-court eligible
population has access to a drug court. If drug courts were put in reach of
every eligible drug-addicted offender in the country, taxpayers could save
an estimated $1.17 billion per year (“The Facts on Drugs”). The data on
drug courts clearly show that they are effective at reducing recidivism
and costs. Every county in every state needs access to a drug court to
treat nonviolent drug-addicted offenders. Drug courts are already saving
money for the counties that have them, and if they were expanded to
every county in the country, they would greatly reduce recidivism and
costs nationwide.
Drug Court Professionals’ Opinions
All of the Clay/Becker Drug Court professionals who were
interviewed said that they would recommend a drug court program to
other counties. Borgen said that she is a big advocate for the program
and even travels to other counties to speak about the benefits of drug
courts. Greenley said that he can definitely see the benefit to having a
drug court, but only in larger counties where there is a larger pool to pull
from. Puhr said that she would recommend a drug court to other
counties if they can balance drug court and their other obligations.
Kautzmann said that having a drug court program is “definitely worth it.”
He said he would “recommend it for any county” and added that the
Clay/Becker Drug Court is getting “better results for less money.”
Conclusion
In sum, drug courts are more effective than traditional approaches.
The structured treatment environment of drug courts makes them more
effective at rehabilitating drug-addicted offenders. The Clay/Becker Drug
Court is an example of an effective drug court. It shows in detail how a
typical drug court operates. In addition, the empirical testing shows that
drug courts are successful at reducing recidivism and saving money.
This evidence leads this report to make several conclusions:
1. Drug courts are better at rehabilitating drug-addicted
offenders than traditional treatment programs.
2. The recidivism rate of drug court graduates is significantly
lower than the recidivism rates of people on conventional
probation and inmates released from jail or prison.
3. Drug courts save money in the long run because of the low
recidivism rate.
Even though drug courts are effective, nevertheless, they are only
accessible for about half of all eligible participants. Therefore, this report
recommends that all counties without a drug court adopt one. If all drug-
court eligible offenders have access to a drug court, the following will
result. Crime will be reduced, lives will be rehabilitated, and costs will be
lowered because taxpayers’ dollars will not be used for incarcerating
nonviolent drug-addicted offenders. The verdict is in: Drug courts work;
therefore, more counties need them.
Works Cited
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<http://www.nadcp.org/learn/about-nadcp>.
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---. “'I've Come This Far': Clay County Drug Court Graduate Regains
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<http://www.kentucky.com/670/story/198207.html>.
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0Drug%20Courts%20.pdf>.
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<http://www.tcdrugcourtfoundation.org/Index.htm>.
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