6 th World Forum Against Drugs Gothenburg, Sweden 14 May Hon. Peggy Fulton Hora Superior Court of California (Ret.)

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1 6 th World Forum Against Drugs Gothenburg, Sweden 14 May 2018 Hon. Peggy Fulton Hora Superior Court of California (Ret.)

2 Fuel most crimes Alcohol and other drugs Are present in most cases of child abuse and neglect Have overwhelmingly negative impacts on families and society Lead to premature death

3 Perpetrator is Involved in AOD Use in More than 50% of violent crimes 60-80% of child abuse and neglect cases 50-70% of theft and property crimes 75% of drug dealing Belenko and Peugh, 1998; National Institute of Justice, 1999.

5 What if we just put them in jail? 29.9% of U.S. prisoners released in 1998 in 15 states rearrested within 6 months; 67% are rearrested within 3 yrs

6 When jail is the only answer: U.S. jail and prison population is 2.3 million as of % of the world s population; 25-50% prisoners 1:133 Americans incarcerated 1:31 adults in the U.S. is on parole/probation Life After Prison Can Be Deadly, a Study Finds, The New York Times, Jan. 11, 2007 p. A23 Inmate Count in U.S. Dwarfs Other Nations, The New York Times, April 23, 2008 p. 1 U.S. Prison Population Rises Despite a Drop in 20 States, NYTimes Dec. 9, 2009 p. A22

7 What if we just refer them to treatment? Attrition 50% to 67% don t show for intake 40% to 80% drop out in 3 months 90% drop out in 12 months Outcomes 40% to 60% of clients abstinent at 1 year Treatment Research Institute (2003)

8 ~4,000 Drug Tx Courts in the U.S. Adult Federal District Juvenile Campus Drug Tx Courts Family Tribal DWI Reentry

Marianas Belgium Guam Netherlands Mexico Georgia Surinam Macedonia Israel Brazil Norway* Argentina Bahamas Barbados Brazil

9 International Perspective on Problem-Solving Courts Australia Bermuda England Jamaica Canada Mauritius Scotland Wales Ireland Northern Ireland New Zealand Guam Cayman Islands Comm. of N. Marianas Belgium Guam Netherlands Mexico Georgia Surinam Macedonia Israel Brazil Norway* Argentina Bahamas Barbados Brazil Chile Columbia Costa Rica Dominican Republic Panama Samoa Trinidad/Tobago *Spending $10 million to roll out drug courts throughout the country. Indonesia, China and Viet Nam are exploring.

10 WHAT ARE DRUG COURTS?

11 Problem-Solving Courts focus on the underlying medical/social issues and chronic behaviors of court users who have recurring contacts with the justice system apply promising practices and evidencebased interventions from the behavioral sciences to effectuate change seek innovative solutions to complex social issues (substance abuse, homelessness, mental health, violence)

12 P-S Principles and Methods 1. Reduce recidivism in criminal cases 2. Save incarceration and other costs of social services, e.g., foster care 3. Have great public support 4. High participant satisfaction 5. High judicial satisfaction

13 Collaborative Judges Judges believe they can and should play a role in the problem-solving process Outcomes matter--court is not just based on a process and precedent Adapted from Judge Judith S. Kaye, Chief Judge, New York

14 Collaborative Courts Recognize the therapeutic potential of the court s coercive powers Finds Judicial Leverage is an appropriate tool

15 Judicial Supervision Ongoing judicial supervision increases the likelihood that the participant will remain in treatment Regular status hearings are used to monitor participant performance Frequent, random drug testing used to monitor treatment plan

18 DO DRUG COURTS WORK?

(2006) Shaffer (2006) Lowenkamp et al. (2005) Canada Dept.

19 5 Meta-Analyses Citation Institution Number of Drug Courts Crime Reduced on Avg. by... Wilson et al. (2006) Campbell Collaborative 55 14% to 26% Latimer et al. (2006) Shaffer (2006) Lowenkamp et al. (2005) Canada Dept. of Justice University of Nevada University of Cincinnati 66 14% 76 9% 22 8% Aos et al. (2006) Washington State Inst. for Public Policy 57 8%

20 Retention rates in treatment 80-90% of conventional drug tx clients drop out before 12 months of tx DTCs exert legal pressure to remain in tx long enough to realize benefits >66% tx clients who initiate tx through DTC stay a year or more, 6 xs the rate for programs outside justice system Drug Courts: The Second Decade NIJ Special Report NIJ, OJP, USDOJ (June 2006)

21 Drug Court Participants Have Low Recidivism Rates 75% of drug court graduates never see another pair of handcuffs

22 Cost Benefit of Drug Court Drug Courts Save Tax Dollars NY: $254 million saved CA: $90 million saved WA: Saved $6,779 per drug court client TX: $9.43 savings for every $1 spent OR: $10 savings for every $1 spent

23 HOW ABOUT THE APPLYING MODEL TO OTHER POPULATIONS?

24 ~1,500 Problem-Solving Courts Gambling Reentry Gun Child Supp Community Truancy Integrated Tx P-S Courts Mental Health DV Veteran Home less Parole Violation Prostitution

25 International P-S courts Mental health court Indigenous sentencing court Domestic Violence court Community court Impaired driving court Homeless court Juvenile treatment court

26 A New Perspective The court system as an interdisciplinary problem-solving community institution Dr. Alvan Barach, quoted by Bill Moyers in Healing and the Mind, 1993

27 Judges matter Therapeutic jurisprudence posits: Does what a Judge says, and how he or she says it, impact legal outcomes? Such as compliance, sentence completion, recidivism Procedural justice suggests: Defendants perceived fairness of the Judge can make a difference in whether they complete their sentences, and ultimately, whether they reoffend EMT Associates, Inc

28 Judge is most important factor 80% of participants say they wouldn't have stayed in drug court if they did not appear before a judge Drug Court Clearinghouse, American U. Interaction and delivery of response has most impact on participant performance Judge Lisa Tremewan, Auckland NZ

29 Working Therapeutically It s good for the judge In a series of surveys comparing judges working therapeutically and those working traditionally, 100% of DTC judges reported being positively affected by their assignment Hora, Peggy Fulton and Deborah Chase, The Best Seat in the House: The Court Assignment and Judicial Satisfaction, 47:2 Family Court Review March, 2009.

30 Correlation The most common predictor of positive emotional effect was the perception by the judicial officer that litigants are grateful for the help they are given by the court. Chase & Hora, The Implications of Therapeutic Jurisprudence for Judicial Satisfaction. 37:1 Court Review (Spring 2000)

Drug Courts: Blending Treatment and Accountability

Drug Courts: Blending Treatment and Accountability C. West Huddleston, CEO National Association of Drug Court Professionals (NADCP) National Drug Court Institute (NDCI) NDCI is supported by the Office