How a new district attorney is shaking up the justice system in midcoast Maine

Portugal has gone perhaps the farthest in decriminalizing drug use. It hasn't stopped drug usage, but it has reduced deaths, the spread of H.I.V., drug crime, and imprisonment.

Veterans treatment courts were developed in 2008 as a way for veterans to receive mental health counseling and substance abuse treatment rather than face incarceration. Created to address the mental health concerns that can lead to drug abuse and other issues, the courts have not seen the successes that were originally anticipated. Due to little demand, inconvenient locations, and mixed results, experts are calling into question the existence of such specialized courts.

Alamosa, Colorado has lowered its jail population and the number of felony cases and arrests, and has broken the cycle of repeat offending, by diverting people with drug problems from prosecution into treatment. The local version of a national program called Law Enforcement Assisted Diversion (LEAD) was modeled on one in Santa Fe, New Mexico, which worked best when people in the program maintained a close relationship with their case workers. One of many problems those relationships solved: the high number of missed court dates, which result in arrest warrants.

Since 2007, Connecticut has taken major steps in juvenile justice reform – namely, the ages that youth are arrested or charged as adults. By moving 16 and 17 year olds out of the adult system and into the juvenile justice system, the state has seen a 40% decrease in new juvenile court cases, leading to less stigma and large taxpayer savings. With such success, the state now looks to make further reforms in the juvenile justice system.

In Boone County, Missouri the Habilitation Empowerment Accountability Therapy (HEAT) program offers young men an alternative to incarceration for drug-related offenses. The program works primarily with black men, many of whom bring issues of childhood and generational trauma, to work together toward their treatment plans, finding employment, and behavioral therapy. Fundamental to all of HEAT’s programming is the consideration of underlying factors like education, exposure to violence, and socioeconomic forces.

The New Hampshire Drug Court system – helping individuals find rehabilitation rather than prison – has proven to be a success and expanded to counties across the state. The court follows best practices from the National Association of Drug Court Professionals, but also adapts each court to fit the needs of each local community. Since its creation in 2004, over 400 people have graduated from its programming – over 50 percent of its participants.

Around the country, states like California, New Jersey, and Maryland are implementing legislation that eliminates the cash bail system. While this is one way of addressing that system’s growing unpopularity, New York City has recognized a different approach. By taking advantage of a growing cultural shift in how individuals think about bail, jail time, and criminal justice reform at large, the city has seen an organic decrease in the use of cash bail within courtrooms and judges’ decisions.

When military veterans get charged with crimes, more than 350 courts nationwide exist to try to keep them out of jail, with rehabilitation as the chief goal. Boston Veterans Court provides people with social workers, outreach specialists, access to therapy, and help in going to school, finding a job, and dealing with life's stresses. Many people in this system come home from war struggling with anger, trauma, and substance abuse problems. Some studies have quantified veterans courts' success rates for helping people overcoming mental illness and staying out of criminal trouble.

As New Jersey continues to reform its cash bail system, other states in the region look to it as an example. The state developed an algorithm called the Public Safety Assessment that considers an individual’s likeliness to appear for their court date and whether they pose a risk of committing another crime and presents these findings and corresponding recommendations to a judge. Since the reforms have been in place, the state has seen a 20% decrease in the pre-trial jail population and an overall decrease in crime.

In 2017, New Jersey eliminated the cash bail system – meaning that potential offenders awaiting court could not be held in jail for money. Instead, judges use an algorithm that considers the individual’s criminal history, flight risk, and threat level to the community. As New York considers doing the same, it looks the impact it has made in New Jersey.