BJA-American University Drug Court Technical Assistance Project

Defining Drug Courts: THE TEN KEY COMPONENTS*

Note: Since the first drug treatment court began operating in Miami in August 1989, the Miami “drug court program model” has been adopted and adapted by many state and tribal courts in the U.S. as well as in over 20 other countries. During the course of this development, efforts have been made to provide definition to what drug courts are and do. The following are four definitions that have developed – the first by Judge Herbert Klein, the Dade County Circuit Court judge credited for taking the lead with the Dade County Prosecutor and Public Defender in the program design, and the following three definitions developed for courts that had adopted the drug court model: (1) state courts in the U.S. (Ten Key Components); Tribal Courts in the U.S. (Tribal Healing to Wellness Court Key Components); and courts in other countries (13 Key Principles), all remarkably similar and complementary.

“…What we are doing is a statement of our belief in the redemption of human beings. It is a pronouncement from those in authority to some of our least powerful and most ignored citizens that we care about you and want to reach out and help you: your lives and well- being are important to us. The truth of the matter is that this may be the first time in the lives of many of these people that someone is actually listening to them - hearing what they are saying and telling them that they care about them and what happens to them is important. You know, there is a mathematical equation that for every action there is an opposite and equal reaction. I believe this is also true in human affairs. We tell them we care about them and they begin to feel worthwhile. Some pretty important people (judges, lawyers, and others in authority) are telling them we don't want them to fail- they begin to believe they can transcend. ….”*

* Judge Herbert Klein, Senior Judge, Circuit Court for Miami-Dade County, credited for creating the drug court concept. Keynote Speech, “The Power of Connection: Fuel for Drug Courts”. 1996 Florida Drug Court Conference.

(1) THE TEN KEY COMPONENTS1 (2) BEST PRACTICE GUIDELINES AND RECOMMENDATIONS: 13 KEY PRINCIPLES FOR COURT-DIRECTED TREATMENT AND REHABILITATION PROGRAMMES 2 (3) TRIBAL HEALING TO WELLNESS COURTS: THE KEY COMPONENTS.3

Key Component 1: Drug Courts integrate alcohol and other drug treatment services with justice system case processing

Tribal Key Component # 1: Tribal Healing to Wellness Courts bring together community-healing resources with the tribal justice process, using a team approach to

1 Defining Drug Courts: The Key Components. Office of Justice Programs, U.S. Department of Justice. 1997 (first publication) 2 Adopted by the International Association of Drug Treatment Court Professionals, 1999, building on the “Ten Key Components” of U.S. Drug Courts;

3 Tribal Healing to Wellness courts: The Key Components. U.S. Department of Justice. Bureau of Justice Assistance. 2003 (rev.) achieve the physical and spiritual healing of the participant and the well- being of the community.

Key Principle 1: Integrated justice/health care system processing of common casework ______

Key Component 2: Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants’ due process rights

Tribal Key Component # 2: Participants enter the wellness court program through various referral points and legal procedures while protecting their due process rights

Key Principle 2: Non-adversarial approach to case problem-solving by the judge, prosecutor and defense ______

Key Component 3: Eligible participants are identified early and promptly placed in the drug court program

Tribal Key Component # 3: Eligible substance abuse offenders are identified early though legal and clinical screening for eligibility and are promptly placed in the Tribal Healing to Wellness Program.

Key Principle 3: Prompt and objective identification and programme placement of eligible offenders ______

Key Component 4: Drug courts provide access to a continuum of alcohol, drug and other related treatment and rehabilitation services

Tribal Key Component # 4: Tribal Healing to Wellness Programs provide access to holistic, structured and phased, substance abuse treatment and rehabilitation services that incorporate culture and tradition

Key Principle 4: Access by participants to a broad continuum of treatment and rehabilitation services. ______

Key Component 5: Abstinence is monitored by frequent alcohol and other drug testing

Tribal Key Component # 5: Participants are monitored through intensive supervision that includes frequent and random testing for alcohol and other substance use

Key Principle 5: Objective monitoring of participants’ compliance through substance abuse testing. ______

Key Component 6: A coordinated strategy governs drug court responses to participants’ compliance

2 Tribal Key Component # 6: Progressive consequences (or sanctions) and rewards (or incentives) are used to encourage participant compliance with program requirements

Key Principle 6: Coordinated strategic response to programme compliance and non- compliance by all disciplines involved (police, prosecution, probation, treatment, social workers, court). ______

Key Component 7: Ongoing judicial interaction with each drug court participant is essential.

Tribal Key Component # 7: Ongoing judicial interaction with each participant and judicial involvement in team staffing is essential.

Key Principle 7: Ongoing direct judicial interaction with participants. ______

Key Component 8: Monitoring and evaluation measure the achievement of program goals and gauge effectiveness

Tribal Key Component # 8: Monitoring and evaluation measure the achievement of program goals an gauge effectiveness to meet three purposes: providing information to improve the Healing to Wellness process; overseeing participant progress; and preparing evaluative information for interested community groups and funding sources;

Key Principle 8: Programme performance monitoring and evaluation (of both process and impact). ______

Key Component 9: Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations

Tribal Key Component # 9: Continuing interdisciplinary education promotes effective wellness court planning, implementation, and operation.

Key Principle 9: Ongoing inter-disciplinary education of the entire Drug Court team. ______

Key Component 10: Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court effectiveness.

Tribal Key Component # 10: The development of ongoing communication, coordination, and cooperation among team members, the community and relevant organizations are critical for program success.

Key Principle 10: Partnerships for programme effectiveness and local community support. Key Principal 11: Ongoing case management including social re-integration support. Key Principle 12: Adjustable programme content for groups with special needs (e.g., mental disorders). Key Principle 13: Post treatment and after-care services should be established in order to enhance long-term programme effects. 3