EXTENDING THE THERAPEUTIC JUSTICE MODEL TO PROBLEM GAMBLERS Mark G. Farrell, JD; Jessica Aungst Weitzel, MPH; Thomas H. Nochajski, PhD, Buffalo Center for Social Research, University at Buffalo SUNY, New York WHY CREATE A THERAPEUTIC GAMBLING COURT? The Amherst Town Court established the nation’s first and only therapeutic gambling court because: Pathological gamblers are at high risk to commit crimes such as tax and other fraud offenses, larceny, embezzlement, etc. Pathological gambling is a treatable psychological disorder Gamblers charged with crimes are usually incarcerated or placed on probation at high cost; no treatment and likely to reoffend Continued problems and consequences likely without treatment; family breakup, bankruptcy, high suicide rates HOW DOES GAMBLING COURT WORK? The gambling court is based upon the drug court model of therapeutic justice. Participants sign a contract agreeing to: Present for regular court sessionsAttend scheduled treatment sessionsAttend self-help meetings Remain substance freeRefrain from criminal activity Treatment agencies send progress reports to the court on a regular basis with recommendations and areas of concern. The judge administers positive or negative sanctions: Positive: praise, tokens, less frequent reporting, or other Negative: admonishment, more frequent reporting, jail, dismissal and return to criminal court Negative sanctions are corrective and intended to foster compliance and adjust behavior toward graduation and long-term recovery Graduation requires: Successful completion of treatmentFull-time employment or schoolRestitution agreement in place Freedom from public assistance (if possible) Graduates receive: Reduced or suspended sentencesReduced fines or feesTools to remain free of addictive behaviors WHO IS ELIGIBLE FOR GAMBLING COURT? Participants referred to gambling court by presiding judge Screened by trained and experienced gambling counselors Gambling court participants have: Committed and/or been convicted of or pled to a misdemeanor crime Been diagnosed by a gambling treatment provider as having pathological gambling disorder or severely abusive gambling behaviors: Abusive gamblers: 12-week educational program Pathological gamblers: At least 1 year treatment and court experience Signed a contract to enter gambling court and abide by all requirements Defendant, his/her lawyer, and the DA (in pre-plea situations) agree to the conditions of the therapeutic court. In post-plea situations, plea can be withdrawn upon successful completion. THE FUTURE OF THE GAMBLING COURT The Amherst Gambling Court has been recognized nationally as a model for the development of similar courts. To enhance court operations and extend this model, there is a need for: More extensive research about participant outcomes A greater number of gambling treatment providers Enhanced partnerships between the court and agencies More precise and sophisticated screening measures for courts A better understanding of the co-occurrence of substance use and gambling disorders In jurisdictions with limited resources, the gambling treatment court could be integrated to an extent with existing drug courts. THE GAMBLING COURT TODAY Since 2001: Over 500 gambling court screenings ~180 with some gambling history screened not pathol. 60 received gambling education but no gambling ct. ~75 gambling court participants Number of participants greater each year May 2006: 23 active participants 15 male; 8 female 17 Caucasian; 6 African American Average of 32 years of age (range: 16-51) Gambling court graduates have not committed any new gambling-related crimes, to the knowledge of the court. Defendant continues detrimental gambling and experiences further negative consequences, potentially including another arrest(s), marital/family difficulties, bankruptcy, suicide Defendant who appears to have gambling problem referred to gambling court Defendant screened for gambling court eligibility Defendant with “positive” gambling screen completes full assessment through qualified gambling treatment provider Defendant classified as pathological gambler enters gambling treatment with agreement of counsel and DA; attends gambling court for status hearings Defendant complies with treatment and court requirements Defendant does not comply or “stumbles” Defendant sanctioned once or more Defendant completes treatment, graduates, and receives reduced sentence/fines Defendant remains noncompliant Defendant returned to traditional court and sentenced Defendant serves sentence (jail time or probation, generally) Crime Committed