Eagle County problem-solving courts offer new hope to repeat offenders battling substance abuse

Like standard drug courts, the Penobscot Nation's Healing to Wellness Court refers people facing drug-related criminal charges to substance abuse counseling as an alternative to punishment. But this court and other tribal wellness courts are steeped in indigenous customs, blended with restorative justice approaches, to emphasize rehabilitation based on trust, support, and native traditions. The threat of punishment looms over participants should they fail in their counseling program. But no one has been jailed in the past two years in the Penobscot program.

Since 2018, Judge Jason Lidyard of Rio Arriba County, N.M., has forged a new model for a drug court. Instead of demanding abstinence from drugs as the price to stay out of jail, Lidyard uses respect and personal relationships to seek a redefinition of success: making substance abuse less deadly and less socially crippling. Violating the court's requirements to get treatment results in more help, not jail. The less punitive approach seemed to reduce overdoses until a new fentanyl surge complicated the picture. Almost all of the people who've gone through the court have avoided new felony arrests.

Missouri legislators passed a law in 2019 clarifying that prosecutors can divert criminal cases to social services and healthcare agencies even before charges are filed. Small experiments that had been taking place in recent years suddenly grew in St. Louis County to help the courts focus only on serious cases during pandemic shutdowns. Now those innovations are spreading, as more drug cases and other low-level cases avoid the courts altogether. This eases the burden also on people, who in traditional drug courts still get arrested and face employment barriers even if their cases eventually get dropped.

Drug courts can help some people with serious drug problems who face serious criminal charges, if such court programs are run carefully, based on evidence-based approaches. But, too often, such courts – which push criminal defendants into treatment as an alternative to incarceration – can do more harm than good. The proof of drug courts' effectiveness is mixed, and fairly thin. Thousands of such courts exist, based on widespread political support for an approach seen as less punitive. But many critics say the courts' track record overall is weak and their approach can be just another form of punishment.

The Penobscot Nation's Healing to Wellness Court is a drug court, diverting people charged with drug offenses from possible fines and jail into therapy. But it has an added cultural element, providing traditional healing approaches alongside mainstream behavioral therapy. The cultural piece recognizes that Native Americans' historical trauma and disconnect from their culture can contribute to the problems that lead to addiction. The court is far less expensive than jail or prison, and its participants have not been jailed for failing treatment in more than two years.

In Philadelphia, people facing felony drug charges can opt for a yearlong program in a treatment court where their progress is monitored to ensure they avoid substance use, get treatment and stay in contact with their case managers. Judges presiding over the court work with those who miss those goals to help them reflect on how they can graduate, even if there are stumbles along the way. Those who successfully complete the program can work to get the felonies expunged from their records.

When people experiencing homelessness in Mesa, Ariz. are charged with low-level offenses such as trespassing or public intoxication, they have the option to participate in community court to get their case dismissed if they agree to seek help from government programs and services. Participants are assigned a "navigator" to help them obtain required identification documents, search for housing, or apply for jobs, and more than 90% of those who graduated from community court in 2021 have not ended up back in the legal system.

Kansas' only veterans treatment court started small, but it has proved the concept to Sedgwick County officials who want to copy its success. Veterans courts provide treatment in lieu of conviction and punishment for veterans charged generally with non-violent, less-serious offenses. The costs are much lower than for incarceration, with greater benefits to the defendants. National statistics show a 14% recidivism rate, much lower than for the criminal justice system overall. In Johnson County, 41 veterans have gone through the 18-month program; none have reoffended.

Cheshire County Drug Court provides intensive drug addiction treatment, behavioral therapy, and other services to help people charged with crimes whose drug problems are their underlying problem. Since 2013, it has helped dozens of people avoid re-offending and put their lives on track. Like other drug courts, it is not suited to all circumstances and its coercive nature – jail is threatened for failure to follow the rules – has its critics. But graduates credit it with saving their lives. And it serves as a gateway to services that people might not otherwise have access to.

An array of services in Pima County, Arizona, greets hundreds of people getting released early from jail or helps keep them out of jail in the first place. By providing drug treatment, housing, job assistance, and other help that people need instead of incarceration, the county's Criminal Justice Reform Unit and Jail Population Review Committee saved the county $2 million in jail costs over just part of 2020. Drug use also declined and officials hope to see longer-range benefits in lower recidivism.