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
“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
“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)
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
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)
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
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)
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
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).
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
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