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Key Moments in NADCP History A DULT D RUG C OURT A DULT D RUG C OURT B EST P RACTICE S TANDARDS B EST P RACTICE S TANDARDS V OLUME I N ATIONAL A SSOCIATION OF D RUG C OURT P ROFESSIONALS
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What is a Drug Court? A non-adversarial court hearing where drug treatment is integrated with justice system case processing.
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2,734 Drug (Tx) Courts 1,475 Adult Drug Courts 458 Juvenile Drug Courts 334 Family Drug Courts 208 DWI Courts 104 Veterans Treatment Court 89 Tribal Healing to Wellness Courts 30 Reentry Drug Courts 31 Federal Drug Courts 5 Campus Drug Courts
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Effectiveness of Drug Courts The scientific community has put drug courts under its microscope and concluded that drug courts work better than jail or prison, better than probation alone, and better than treatment alone.
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Drug Courts Reduce Substance Abuse by More than 35%
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Drug Courts Reduce Crime by as Much 50% Compared to Other Dispositions
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Impact on Recidivism Nationwide, 75% of Drug Court graduates remain arrest-free at least two years after leaving the program. Rigorous studies examining long-term outcomes of individual Drug Courts have found that reductions in crime endure for over 14 years.
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Drug Courts Increase Employment and School Enrollment
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Drug Courts Reunite Families
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Drug Courts Save Money
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Drug Courts Are Cheaper and Produce Superior Returns on the Investment Drug courts return an average of $2.21 to the justice system for every one dollar invested and up to $27 in community impacts for every dollar invested
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Put null findings in context (8 - 16%) Disown harmful programs (6 - 9%) Prevent regression to old habits (model drift) Protect “brand name” from incursions Define standard of care for ourselves – Limit appellate review to conformance with standards rather than creating standards – Congressional committees, agencies, etc. Key Moments in NADCP History Why Standards??
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Reduce legal & constitutional errors – Procedural due process requires standards, rational basis, and notice of rights being waived Reduce disparate impacts (violations of Equal Protection) Provide support and political cover for needed services and expenditures Demonstrate maturity of our profession Because we care about getting it right! Key Moments in NADCP History Why Standards? (cont.)
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Expert Drafting Committee with diverse stakeholder representation (N = 27) Rigorous peer review process (N > 50) 1.Clarity (what is required) 2.Justification (why it is required) 3.Feasibility (difficulty of implementing) Key Moments in NADCP History Procedures
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Research Quality 1.Experimental / controlled 2.Quasi-experimental or matched-comparison 3.Observational (systematically collected) 4.Attitudinal (systematically collected) Intent-to-treat analyses Program Setting 1.Drug Court 2.Other Problem-solving Court 3.Other program for drug-involved offenders (e.g., community correctional centers, Prop. 36) 4.Other criminal justice or substance abuse treatment program Key Moments in NADCP History Standards of Proof
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Reliability of the findings – Multi-site studies and meta-analyses – Replication – Large sample sizes – Diverse settings (e.g., rural) – Contrary evidence Key Moments in NADCP History Standards of Proof (cont.)
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No surprises or curve balls Minimize ambiguity and hedging (a best practice is what a best practice is) Measurable and enforceable “Conditional escape clauses” e.g., alternative tracks or credit for inadequate services No enforcement mechanism Key Moments in NADCP History Drafting Principles
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I.General Principle A.Specific provision (measurable) B.Specific provision (measurable) ------------------------------------------------------- Commentary / justification ------------------------------------------------------- References Key Moments in NADCP History Structure
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I.Target Population (all else follows from this) II.Historically Disadvantaged Groups III.Roles & Responsibilities of the Judge IV.Incentives, Sanctions, & Therapeutic Adjustments V.Substance Abuse Treatment Key Moments in NADCP History Volume I
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Key Moments in NADCP History Target Population N = 32 reviewers 4.38 4.55 3.93 low high
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Eligibility & exclusion criteria are based on empirical evidence Assessment process is evidence-based A.Objective eligibility criteria B.High-risk & high-need participants C.Validated eligibility assessments D.Criminal history disqualifications “Barring legal prohibitions...” E.Clinical disqualifications “If adequate treatment is available... “ Key Moments in NADCP History Target Population
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Key Moments in NADCP History Hx Disadvantaged Groups N = 30 reviewers 4.40 4.50 4.13 low high
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Equivalent opportunities to participate and succeed in Drug Court A.Equivalent access (intent & impact) B.Equivalent retention C.Equivalent treatment D.Equivalent incentives & sanctions E.Equivalent legal dispositions F.Team training (remedial measures) Key Moments in NADCP History Hx Disadvantaged Groups
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Key Moments in NADCP History Roles of the Judge N = 28 reviewers 4.684.64 4.46 low high
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Contemporary knowledge; active engagement; professional demeanor; leader among equals A.Professional training B.Length of term C.Consistent docket D.Pre-court staff meetings E.Frequency of status hearings F.Length of court interactions G.Judicial demeanor H.Judicial decision-making Key Moments in NADCP History Roles of the Judge
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Key Moments in NADCP History Incentives & Sanctions N = 25 reviewers 4.284.32 4.20 low high
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Predictable, consistent, fair, and evidence-based A.Advance notice B.Opportunity to be heard C.Equivalent consequences D.Professional demeanor E.Progressive sanctions F.Licit substances G.Therapeutic adjustments H.Incentivizing productivity Key Moments in NADCP History Incentives & Sanctions
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Predictable, consistent, fair, and evidence-based... I.Phase promotion J.Jail sanctions K.Termination L.Consequences of graduation and termination (leverage) Key Moments in NADCP History Incentives & Sanctions (cont.)
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Key Moments in NADCP History Substance Abuse Treatment N = 30 reviewers 4.27 4.20 3.83 low high
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Based on treatment needs and evidence-based A.Continuum of care “if adequate care is unavailable...” B.In-custody treatment C.Team representation D.Treatment dosage and duration E.Treatment modalities F.Evidence-based treatments G.Medications Key Moments in NADCP History Substance Abuse Treatment
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Based on treatment needs and evidence-based... H.Provider training and credentials I.Peer support groups J.Continuing care Key Moments in NADCP History Substance Abuse Tx (cont.)
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Key Moments in NADCP History A DULT D RUG C OURT A DULT D RUG C OURT B EST P RACTICE S TANDARDS B EST P RACTICE S TANDARDS V OLUME I N ATIONAL A SSOCIATION OF D RUG C OURT P ROFESSIONALS Aspirational Enforceable
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