An Investment Yet to be Realized

The historic 1994 Biden Crime Bill authorized $1billion for the Drug Court Discretionary Grant Program, administered by the DOJ Office of Justice Programs. The intent of the Biden Crime Bill and the Democratic White House at the time was to expand drug court

 

The Center for Substance Abuse Treatment (CSAT), within the DHHS Substance Abuse and Mental Health Services Administration (SAMHSA), has also supported drug courts through its discretionary funding (for treatment). But it, too, is drastically under-funded with a mere $10 million a year available to enhance treatment services within drug court.

 

Despite these serious funding challenges, drug courts now exist in every U.S. state and territory. Today, there are 2,147 adult, juvenile, family, reentry and veteran drug courts in operation. Yet, as impressive as this may be, over one half of U.S. counties do not have a drug court and those that do serve only a fraction of the eligible offenders. In total, drug courts serve only about 5% of the adult offender population estimated to be in need of drug court services.

 

How Much Money Is Needed?

Drug courts need $250 million per year for the next six years—essentially as was originally envisioned in the Biden Crime Bill—to make drug court available to every non-violent, drug-addicted offender. Only by putting a drug court within arms reach of every adult, juvenile, veteran and family in America who needs it can we truly break the cycle of drugs and crime in this country.

 

What will be the Return on the Investment?

A $250 million annual Federal investment would reap staggering savings, with an estimated annual return of as much as $840 million in net benefits from avoided criminal justice and victimization costs alone. A $250 million annual Federal investment would also substantially reduce the demand for illicit drugs and enable state and local governments to cease over-relying on expensive and ineffective prison sentences for nonviolent, addicted offenders.

 

If the past is any indication of the future, state and local governments can be expected to follow suit and leverage the Federal investment several-fold. In these down-turn economic times, there is no way to be certain whether the states will be able to continue to leverage Federal dollars at a 9:1 ratio. But in the past, once states began to realize cost-offsets from criminal justice and prison expenditures, state funding was reapportioned to expand and sustain drug courts. Assuming even a modest 5:1 state investment, a $250 million annual Federal investment could leverage as much as $1.25 billion in state funding.

 

Recommendations to the New Administration

The National Association of Drug Court Professionals (NADCP) recommends that the Obama Administration put a drug court within reach of every American who needs it befinning with the 2010 budget, thereby providing the necessary guidance to the 111th Congressional appropriation process and report language.

$250 Million in annual funding will achieve the following priorities:

- Dedicate 50% of the total funding to expand the capacity of existing adult drug courts. 

- Dedicate 25% of the total funding to implement new adult drug courts in communities where they do not currently exist.

 

- Authorize CSAT and OJJDP to utilize 15% of the total funding to continue to provide support to family and juvenile drug courts.

 

- Dedicate 10% of the total funding to provide the critical training and technical assistance needed to plan, implement, enhance and sustain drug courts.

 

- Enhance emphasis on veterans treatment courts as defined by the Veterans (SERV) Act introduced in both the House and Senate in the 110th Congress.

 

- Ensure equity in sentencing and equal access for minorities to drug courts and other problem-solving court programs.

 

- Increase ONDCP funding for the National Drug Court Institute from $1 million to $5 million a year to support research, scholarship, training and technical assistance for drug courts.

 

- Convene an interagency Federal senior leadership group led by the Office of National Drug Control Policy (ONDCP) to ensure collaboration, coordination, and communication between all of the impacted agencies (DOJ, DHHS, DOT, VA, DOD).

 

- Lead a public and private partnership to enhance public awareness and support for drug courts.

 

- Enhance emphasis on the full range of problem solving courts as defined by the Conference of

Chief Justices and the Conference of State Court Administrators.

 

- Enhance emphasis on reentry drug courts, reentry courts and other effective reentry models that help prisoners return as contributing members of their community as defined in the Second Chance Act of 2007. 

 

Read more in the NADCP Drug Court Brief