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Maintaining fidelity to the treatment court model through evaluation: The racial and ethnic disparities (RED) program assessment tool

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Abstract

Disparities in treatment court outcomes, and how the majority of treatment courts are struggling to monitor and react to important indicators of racial disparities in their programs

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This report documents the rates of incarceration for whites, African Americans, and Hispanics, providing racial and ethnic composition as well as rates of disparity for each state. We find the following: in 11 states, 1 in 20 adult black men are in prison; in 5 states, racial disparity is greater than 10-1 black/white; and in 12 states, more than half of prisoners are black.
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Drug courts have been used in the criminal justice system to treat substance use disorders since 1989. This study evaluates a drug court in Indiana, focusing specifically on the most predictive variables for being terminated from the program and comparing recidivism patterns of drug court and probation participants. Participants were most likely to be terminated from drug court if they did not have a high school diploma or equivalent at admission, were not employed or a student at admission, identified cocaine as a drug of choice, had more positive drug tests, had a violation within the first 30 days of the program, and had a criminal history. Additional findings suggest that drug court is more effective than probation at reducing criminal recidivism rates for offenders with substance use disorders. Implications for drug court practice and future research are discussed.
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There has been a rapid proliferation of drug courts over the past two decades. Empirical research examining the effectiveness of the model has generally demonstrated reduced rates of recidivism among program participants. However, relatively little is known about the structure and processes associated with effective drug courts. The current study seeks to address the issues by exploring the moderating influence of programmatic and non-programmatic characteristics on effectiveness. The methodology goes beyond previous meta-analyses by supplementing published (and unpublished) findings with a survey of drug court administrators. Consistent with previous research, the results revealed drug courts reduce recidivism by 9% on average. Further analyses indicated target population, program leverage and intensity, and staff characteristics explain the most variability in drug court effectiveness. These findings are discussed within the context of therapeutic jurisprudence and effective interventions.
Article
Treatment courts have been part of the criminal justice system for nearly three-and-a-half decades. The first treatment court, an adult drug court, began in 1989 in Florida, and due to the success of drug courts in reducing criminal recidivism rates, the intervention has evolved to address other problems and populations, such as veterans treatment courts (VTCs) and family treatment courts (FTCs). Treatment courts have been credited with promoting criminal justice reform, as they offer a rehabilitative approach to justice, as compared to historical punitive models. Research, however, has consistently shown that racial and ethnic minorities have lower completion rates in some treatment courts than their white counterparts. This study is the first statewide evaluation to use the Racial and Ethnic Disparities (RED) Program Assessment Tool to assess for racial and ethnic disparities in programming across several types of treatment courts (n = 30). Results showed that 64.9% of white participants completed treatment court, whereas all other races had completion rates less than 30.0%. Implications for treatment court practice are discussed in reference to staff training, the quality of treatment participants receive for substance use and mental health disorders, future research, and other key components of the treatment court model.
Article
The first drug court began in 1989, and since their inception, they have expanded to over 3,000 in the United States and United States territories. The long-term goal of drug courts is to reduce criminal recidivism rates for nonviolent offenders who have substance use disorders. This study adds to the literature by using secondary data to compare criminal recidivism rates between drug court participants (n = 163) and probationers who had diagnosed substance use disorders and arrests that were eligible for drug court but they did probation instead (n = 185). Criminal recidivism was measured up to 36 months post drug court/probation discharge, which provides a more accurate assessment of the long-term effectiveness of drug court. Furthermore, this study identified which drug court participants were most likely to recidivate. Drug court participants were less likely to recidivate than the probation group. However, differences between the two groups may have contributed to the difference in criminal recidivism rates and also suggest that screening criteria may exclude some non-White participants from drug court. Non-white participants were more likely to recidivate than their White counterparts. Implications for future research and drug court practice are discussed, focusing on enhancing the service-delivery of education and employment opportunities to non-White drug court participants.
Article
This study examined individual factors and during-program data to understand drug court program completion. A total of 534 Kentucky Drug Court (KDC) participants were randomly selected from the larger KDC population (N = 4,881). Logistic regression showed that older age and receiving outpatient referrals were associated with completion. Factors associated with reduced odds of completion were: Non-White race, being married, lower educational level, increasing number of psychological/emotional treatment episodes, increasing number of positive drug tests, receiving incarceration and warrant sanctions, and prior criminal justice involvement. Understanding drug court completion is important to make modifications to better meet participants’ needs.
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Drug courts are designed to offer treatment in lieu of incarceration for nonviolent offenders who have substance use disorders. Recent evidence has suggested the African American participants are less likely to graduate drug court than their white counterparts. This qualitative study interviewed 38 participants from a Midwestern drug court to compare and contrast white (n = 22) and African Americans (n = 16) lived experiences in the program in order to learn about the factors that may contribute to racial disparities in outcomes. Findings suggest that both white and African American participants felt that the drug court team was supportive and compassionate, and wanted them to succeed in the program. White participants found managing the demands of drug court with other obligations they had to be a noticeable challenge, and they also reported continued alcohol use in the program even though the program required total abstinence. African Americans were most critical about the quality of substance abuse treatment they received and felt that they were forced to accept culturally incompetent labels. Findings have implications for drug court practice and future research.
Article
Graduation rates from drug courts are impressive and are often attributed to the delivered treatments. However, it is unclear whether graduation rates are bolstered by low severity of drug use problems upon entry into drug court. To address this question, this study examined the relationship between baseline substance use severity and graduation rates among 251 drug court clients. Results revealed that participants with subthreshold drug composite scores on the Addiction Severity Index (ASI) were significantly more likely to graduate than those scoring in the mild-to-moderate or severe range. Furthermore, results revealed that participants who provided a drug-negative baseline urine were significantly more likely to graduate than those who provided a drug-positive baseline urine. A binary logistic regression analysis revealed that ASI drug composite score, urine screen, race, and years educated were statistically significant predictors of drug court graduation.
Article
PurposeThe objective of this research was to systematically review quasi-experimental and experimental evaluations of the effectiveness of drug courts in reducing offending.Methods Our search identified 154 independent evaluations: 92 evaluations of adult drug courts, 34 of juvenile drug courts, and 28 of DWI drug courts. The findings of these studies were synthesized using meta-analysis.ResultsThe vast majority of adult drug court evaluations, even the most rigorous evaluations, find that participants have lower recidivism than non-participants. The average effect of participation is analogous to a drop in recidivism from 50% to 38%; and, these effects last up to three years. Evaluations of DWI drug courts find effects similar in magnitude to those of adult drug courts, but the most rigorous evaluations do not uniformly find reductions in recidivism. Juvenile drug courts have substantially smaller effects on recidivism. Larger reductions in recidivism were found in adult drug courts that had high graduation rates, and those that accepted only non-violent offenders.Conclusions These findings support the effectiveness of adult drug courts in reducing recidivism. The evidence assessing DWI courts' effectiveness is very promising but more experimental evaluations are needed. Juvenile drug courts typically produce small reductions in recidivism.
Article
This paper focuses on an evaluation of the Riverside County (California) Drug Court Program, a post conviction program that operates much like most drug courts in the country. Riverside County has a large population of drug abusers. A recent study (Sechrest and Josi, 1996) showed that about 40% of the prison commitments from this county were for drug offenses (this figure did not include commitments for other crimes with drug involvement). The “Inland Empire,” comprising Riverside County and San Bernardino counties, is known as one of the highest, if not the highest, producers of methamphetamine in the nation.
Article
The Chester County (PA) Drug Court Program was implemented in October of 1997. By the end of January of 1999, 184 drug offenders had participated in the program. This evaluation of the Chester County Drug Court Program compares the 184 drug court participants to 51 comparable offenders who were placed on probation at some point between December 1996 and September 1997. These comparison subjects were selected based upon the drug court program eligibility criteria (i.e., offenders charged with non-mandatory drug offenses; offenders not under probation or parole supervision when charged with drug offenses; and no prior record for violent offenses). Drug court and comparison samples were compared in terms of current status, new arrests, revocation/removal from program, and drug testing results. Findings reveal a lower rate of positive results for drug tests taken by the drug court participants as compared to the comparison group. Similarly, there was a lower rate of rearrest during the program among the drug court sample than among the comparison sample. Additionally, African American drug court participants appeared to do significantly poorer than Caucasian drug court participants. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
Significant differences in outcomes and characteristics exist between Caucasians and African-Americans in ten Missouri adult drug courts. Caucasians are more likely to graduate and they differ in significant ways from African-Americans in the context in which they lived their lives prior to drug court. Differences were significant between the two groups in employment levels at entry, primary drug of choice, levels of positive family support, and socioeconomic status. Using the evidence from this study, ways that treatment providers can better meet the needs of African-Americans are discussed.
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  • D B Marlowe
Marlowe, D. B. (2013). Achieving racial and ethnic fairness in drug courts. Court Review, 49, 40-47.
Defining drug courts: The key components
National Association of Drug Court Professionals. (2004, October). Defining drug courts: The key components. Office of Justice Programs. https://www.ojp.gov/pdffiles1/bja/205621.pdf National Association of Drug Court Professionals. (2018a). Adult drug court best practice standards. In Text revision) (Vol. I). Author. National Association of Drug Court Professionals. (2018b). Adult drug court best practice standards. In Text revision) (Vol. II). Author.
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