How tough-on-crime Texas lowered its prison population and what Oklahoma can learn from it

After San Joaquin County adopted a slew of criminal justice reforms, crime dropped by 20 percent, the lowest number in a decade. One of the things that was implemented were speciality courts aimed at decreasing arrest time and helping “former prisoners find jobs, housing and treatment for mental health and addiction problems.” Other measures include ending cash bail and racial bias training. “Crime has always been issue No. 1, but the narrative in this city is one about being a second chance city.”

In Washington County, Virginia, a drug court modeled after the federal drug court model is offering opioid addicts a chance to follow a strict program intended to help keep them sober as an alternative to incarceration. Participants are required to maintain full-time employment, subjected to random drug tests, attend mandatory therapy groups, and abide by a curfew. The program is helping addicts maintain sobriety throughout the duration of their enrollment in drug court instead of sending them to prison where they are less likely to have access to these types of addiction services.

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.

Eagle County's two problem-solving courts put treatment ahead of punishment when addressing crimes committed by people with substance abuse problems. Originally set up as one court, they now function separately to address drunken driving and drugs and serve people "teetering on the edge of serious prison time" for repeat offenses. More than 90 percent of participants in 2020 maintained sobriety and more than 80 percent avoided new legal troubles. While the threat of punishment is used to win compliance with rules, prosecutors say they're more interested in permanently curing the underlying disease.

New Hampshire's 40-year-old system of diverting many juvenile prosecutions away from courts and incarceration, and into community-based restorative justice programs, has saved public money, lowered youth crime rates, and changed lives. By addressing root causes of lower-level offenses, the programs provide treatment to youth who apologize and atone for their offenses, and who then often perform community service projects to erase their arrest record. But there are many fewer resources now than at the program's start, creating an uneven and inequitable patchwork of available services statewide.

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.

Los Angeles County's Office of Diversion and Reentry has moved about 6,000 people out of jails and into programs providing mental health care, drug treatment, housing, and job training at a cost that is about one-fifth that of incarcerating people with mental illness. Like Eugene, Oregon's CAHOOTS program, ODR provides an alternative to the default model in the U.S. of incarcerating people with such health problems. L.A. County is now shifting as much as $500 million from policing to supportive services because programs like ODR and CAHOOTS fall far short of the actual need.

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.

The Law Enforcement Assisted Diversion (LEAD) program in Alamosa, Colorado, gives police officers the option of sending people to substance abuse treatment rather than straight into the criminal justice system. Used in non-violent cases, the diversion program is based on a harm-reduction model that uses a health-care approach rather than a punitive approach to address the underlying issues when a crime is committed. Some police officers object to the program's mission, but proponents say that forcing compliance would be counterproductive.