Violent offender: For purposes of BJA-funded adult, family, and tribal drug courts, a person who either:

1. Is charged with or convicted of an offense that is punishable by a term of imprisonment exceeding 1 year, during the course of which:

          A. The person carried, possessed, or used a firearm or another dangerous weapon;

and

          B. There occurred the use of force against the person of another;

 or

          C. There occurred the death of, or serious bodily injury to, any person, without regard to whether any of the circumstances described above is an element of the offense or conduct of which or for which the person is charged or convicted;

or

2. Has one or more prior convictions of a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm.

Drug Courts Today

Problem Solving Courts Today

A Tribal Healing to Wellness Court is not simply a tribal court that handles alcohol or other drug abuse cases. It is, rather, a component of the tribal justice system that incorporates and adapts the wellness concept to meet the specific substance abuse needs of each tribal community. It provides an opportunity for each Native American community to address the devastation of alcohol or other drug abuse by establishing more structure and a higher level of accountability for these cases through a system of comprehensive supervision, drug testing, treatment services, immediate sanctions and incentives, teambased case management, and community support. The team includes not only tribal judges, advocates, prosecutors, police officers, educators, and substance abuse and mental health professionals, but also tribal elders and traditional healers. The concept borrows from traditional problem-solving methods utilized since time immemorial, and restores the person to his or her rightful place as a contributing member of the tribal community. The programs utilize the unique strengths and history of each tribe, and realign existing resources available to the community in an atmosphere of communication, cooperation and collaboration (Native American Alliance Foundation, 2006; Tribal Law & Policy Institute, 2003).

Pioneered at Colorado State University in 2001, Campus Drug Courts (a.k.a. Back on TRAC) adopt the integrated public health-public safety principles and components of the successful Drug Court model, and apply them to the college environment. These programs specifically target college students whose excessive use of drugs or alcohol have created serious consequences for themselves or others, and are jeopardizing their ability to complete their college education. The programs hold students to a high level of accountability while providing long-term, holistic treatment and rigorous compliance monitoring. They unite campus leaders, student development practitioners, treatment providers and health professionals with their governmental, judicial and treatment counterparts in the surrounding community. This partnership can then serve as a hub for comprehensive campus/community strategies for dealing with underage and excessive drinking, as well as illicit drug use (Monchick & Gehring, 2006).

Veterans Treatment Courts use a hybrid integration of Drug Court and Mental Health Court principles to serve military veterans, and sometimes active-duty personnel. They promote sobriety, recovery, and stability through a coordinated response that involves collaboration with the traditional partners found in Drug Courts and Mental Health Courts, as well as the Department of Veterans Affairs healthcare networks, Veterans Benefits Administration, State Departments of Veterans Affairs, volunteer veteran mentors, and organizations that support veterans and veterans’ families (Office of National Drug Control Policy, 2010).

Reentry Drug Courts utilize the Drug Court model, as defined in the 10 Key Components, to facilitate the reintegration of drug-involved offenders into the community upon their release from local or state correctional facilities. These are distinct from "Reentry Courts" (see below) which do not necessarily utilize the Drug Court model or focus on drug-addicted offenders, but often do work with similar populations. The offender is involved in
regular judicial monitoring, intensive treatment, community supervision, and drug testing. Participants are provided with specialized ancillary services needed for successful reentry into the community (Tauber & Huddleston, 1999).

Federal Reentry/Drug Court is a post-incarceration, cooperative effort of the U.S. District Courts, U.S. Probation Office, Federal Public Defender and U.S. Attorney’s Office. They provide a blend of treatment and sanction alternatives to address re-integration into the community for nonviolent, substance-abusing offenders released from federal prison. These courts typically include early release from the U.S. Bureau of Prisons with a strict supervised-release regimen. They incorporate the Key Components of Drug Courts in a voluntary, but contractual, program of intense judicial supervision and drug testing lasting a minimum of 12 to 18 months. Each program wields court-ordered sanctions for violations of the offender’s contract for participation as well as incentives for client success (Huddleston, et al., 2008).

Family Dependency Treatment Court is a juvenile or family court docket for cases of child abuse or neglect in which parental substance abuse is a contributing factor. Judges, attorneys, child protection services, and treatment personnel unite with the goal of providing safe, nurturing, and permanent homes for children while simultaneously providing parents with the necessary support and services they need to become drug and alcohol abstinent. Family Dependency Treatment Courts aid parents or guardians in regaining control of their lives and promote long term stabilized recovery to enhance the possibility of family reunification within mandatory legal timeframes (Huddleston, et al., 2005).

A DWI Court is a postconviction court docket dedicated to changing the behavior of the alcohol or drugdependent repeat offender or high-BAC
offender arrested for Driving While Impaired (DWI). The goal of the DWI court is to protect public safety while addressing the root causes of impaired driving. DWI Courts utilize a team of criminal justice professionals (including prosecutors, defense attorneys, probation officers and law enforcement) along with substance abuse treatment professionals to systematically change participant behavior. Like Drug Courts, DWI Courts involve
extensive interactions between the judge and the offenders to hold the offenders accountable for their compliance with court, supervision and treatment conditions (Huddleston, et al., 2004).

A specially designed criminal court calendar or docket, the purposes of which are to achieve a reduction in recidivism and substance abuse among nonviolentiii substance abusing offenders and increase the offenders’ likelihood of successful habilitation. Interventions include early, continuous and intensive judicially supervised treatment, mandatory periodic drug testing, community supervision, and the use of appropriate sanctions, incentives and habilitation services (Bureau of Justice Assistance, 2005).

A Juvenile Drug Court is a specialized docket within the juvenile or family court system, to which selected delinquency cases, and in some instances
status offenders, are referred for handling by a designated judge. The youths referred to this docket are identified as having problems with alcohol and/or other drugs. The juvenile Drug Court judge maintains close oversight of each case through regular status hearings with the parties and their
guardians. The judge both leads and works as a member of a team comprised of representatives from treatment, juvenile justice, social and mental health services, school and vocational training programs, law enforcement, probation, the prosecution, and the defense. Over the course of a year or more, the team meets frequently (often weekly), determining how best to address the substance abuse and related problems of the youth and his or her family that have brought the youth into contact with the justice system (National Drug Court Institute & National Council of Juvenile and Family Court Judges, 2003).

Truancy Courts are designed to assist school-aged children to overcome the underlying causes of truancy by reinforcing and combining efforts from
the school, courts, mental health providers, families, and the community. Guidance counselors submit reports on the child’s weekly progress throughout the school year which the court uses to enable special testing, counseling, or other necessary services. Truancy Court is often held on the
school grounds and results in the ultimate dismissal of truancy petitions if the child can be helped to attend school regularly. Many courts have reorganized to form special truancy court dockets within the juvenile or family court. Consolidation of truancy cases results in speedier court dates and more consistent dispositions and makes court personnel more attuned to the needs of truant youths and their families. Community programs bring together the schools, law enforcement, social service providers, mental and physical health care providers and others to help stabilize families and reengage youth in their education (National Center for School Engagement, n.d.; National Truancy Prevention Association, 2005).

Gambling Courts operate under the same protocols and guidelines utilized within the Drug Court model, with individuals who are suffering from a
pathological or compulsive gambling disorder and as a result face criminal charges. Participants enroll in a contractbased, judicially supervised gambling recovery program and are exposed to an array of services including Gamblers Anonymous (GA), extensive psychotherapeutic intervention, debt counseling, group and one-on-one counseling and, if necessary, due to the high rates of co-morbidity, drug or alcohol treatment. Participation by family members or domestic partners is encouraged through direct participation in counseling with offenders and the availability of support programs such as GAM-ANON. Participants are subject to the same reporting and court response components as Drug Court participants (Huddleston, et al., 2005).

Violence Courts are designed to address traditional problems confronted in domestic violence cases (e.g., withdrawn charges by victims, threats to victims, lack of defendant accountability, and high recidivism). They apply intense judicial scrutiny of the defendant and close cooperation between the judiciary and social services. A designated judge works with the prosecution, assigned victim advocates, social services, and the defense to protect victims from all forms of intimidation by the defendant or his or her family or associates throughout the entirety of the judicial process; provide victims with housing and job training, where needed; and continuously monitor defendants in terms of compliance with protective orders, substance abuse treatment and other services. Close collaboration with defense counsel ensures compliance with due process safeguards and protects defendants’ rights. One variant of this model is the Integrated Domestic Operational Descriptions of Drug Courts and Other Problem-Solving Courts Violence Court, in which a single judge handles multiple cases relating to one family, which might include criminal actions, protective orders, custody disputes, visitation issues or divorce proceedings (Mazur & Aldrich, 2003).

Community Courts primarily address “quality of life” crimes, such as petty theft, turnstile jumping, vandalism, loitering and prostitution. With community boards and the local police as partners, Community Courts have the bifurcated goal of solving the problems of the defendants appearing before the court, while using the leverage of the court to encourage the offenders to give back to their community in compensation for the damage they and others have caused (Lee, 2000).

Modeled after Drug Courts and developed in response to the overrepresentation of people with mental illnesses in the criminal justice system, Mental Health Courts divert select defendants with mental illnesses into judicially supervised, community-based treatment. Defendants are invited to participate following a specialized screening and assessment, and they may choose to decline participation. For those who agree to the terms and conditions of communitybased supervision, a team of court and mental health professionals work together to develop treatment plans and supervises participants in the community. Participants appear at regular status hearings during which incentives are offered to reward adherence to court conditions, sanctions for non-adherence are handed down, and treatment plans and other conditions are periodically reviewed for appropriateness
(Council of State Governments, 2005).

Gun Courts are typically designed for youths and young adults who have committed gun offenses that have not resulted in serious physical injury. Gun Court focuses on educating defendants about gun safety and provides an infrastructure for direct and immediate responses to defendants who violate court orders. By consolidating all gun cases into one court docket, the assets needed for a prompt adjudication of these offenses and the coordination of efforts by numerous agencies and non-profit organizations in reducing the number of illegal guns on the streets are improved.

Homeless Courts help homeless people charged with summary or nuisance offenses secure housing and obtain social services needed for stabilization. Participation in services substitutes for fines and custody. These services include substance abuse and mental health treatment, health care, lifeskills, literacy classes, and vocational training.

An Adult Drug Court Team should consist of a Judge, Coordinator, Public Defender/Defense Attorney, Prosecutor, Evaluator, Treatment Provider, Law Enforcement Officer, and Probation Officer. For a description of roles, both for the planning process and for operational drug courts, please refer to the .pdf, located below, for the Core Competencies Guide.

National Drug Court Institute

A steering committee shall be comprised of executive level personnel from each agency involved or impacted by the proposed drug court program. Members from non-court related community entities should also be considered when assembling a steering committee. These members should be considered for the political support or potential resources that they may bring to the table in support of the drug court planning process. Potential members should reflect a broad cross-section of the community. In this regard, members may include representatives of civic clubs (Rotary, Lions, etc.), health agencies, local press/media, vocational/educational services, faith community, private foundations, etc.

The following information will assist you in beginning to identify who should serve on the drug court steering committee?

• The proposed steering committee members should reflect a representative cross-section of your community


• The steering committee are Key Stakeholders within the community that have a vested interest in the drug court program, the population you intend to serve, and the agencies impacted by the implementation of this model What possible resources could each prospective steering committee member bring to the drug court planning effort and ultimately, the oversight of your program?


• How often will the steering committee meet to evaluate the effectiveness of the drug court and propose solutions to service gaps and political and physical barriers?

POTENTIAL STEERING COMMITTEE MEMBERS
Chief / Presiding Judge; Chief Prosecutor /Defense Counsel; Chief Private Counsel / Local Bar Assoc.; Chief Court Administrator / Clerk; Probation / Pretrial Services; Police Chief/Sheriff; Media/Community Groups; Substance Abuse Treatment Providers/Agencies; Mental Health Treatment Providers/Agencies; Other State Agencies- Education etc.; Vocational & Educational Communities; Job Skills -Training & Placement Agencies; Chamber of Commerce; Welfare to Work Programs; Victim Groups (MADD, etc); Anticrime and anti-drug coalitions; Ex-offender / ex-addict groups; Police or Sheriffs Association; Department of Corrections; For DWI Courts in addition to above list; MADD; Highway Traffic Safety Office.

National Drug Court Institute

By way of analogy, the steering committee acts as a Board of Directors with respect to the planning team, which acts like officers of a corporation. Its purpose should include oversight of the planning process by expeditiously resolving policy issues regarding the planned drug court.

A steering committee should provide buy-in for the drug court concepts by the upper echelon of policy makers and stakeholders (e.g., elected prosecutor, presiding judge, chief public defender, etc.). In this manner, the actual planning committee, which may be comprised of non-executive level personnel, will be confident that the head of each participating agency has made drug court a priority and has delegated to them the authority to make decisions necessary to implement the planned drug court. The committee should have the clear purpose of supporting the drug court planning effort. It should meet on a regularly scheduled basis and have a procedure for communicating with or exercising supervision over the planning team.

National Drug Court Institute