Treating Drug Problems Volume 2 (1992) / Chapter Skim
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Courts, Jails, and Drug Treatment in a California County
Courts, Jails, and Drug Treatment in a California County
Pages 133-196
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From page 133... ...
, and there is an important body of research on the extent of drug use among arresters, felons, and misdemeanants convicted on drug law violations and drug-related criminal activity, on jail and prison inmates with histories of drug use, and on the criminal records of drug treatment clients (Allison and Hubbard, 1985; Flanagan and Jamieson, 1988; Hubbard et al., 1989~. So intertwined are the treatment and justice systems that the goals of drug treatment often directly include the elimination or reduction of criminal activity.
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From page 134... ...
There is reference to the drug treatment literature, the criminological literature on the emergence of alternatives to incarceration, discussions in both literatures on the specifics of the involvement of the Ho systems, and federal poligy-setting documents, such as the papers from the Second National Commission on Marihuana and Drug Abuse (1973a,b,c) , the task panel reports to the President's Commission on Mental Health (1978)
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From page 135... ...
Client mixes in drug treatment programs have for years been a combination of people experiencing varying degrees of coercion or motivation to avoid criminal sanctions, but there is an argument to be made for paying closer attention to the composition of the client pool in treatment. Pressure from one's doctor, family, or employer to participate in treatment is symbolically and instrumentally different from a judicial motion to enroll in a program.
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From page 136... ...
HISTORICAL PERSPECTIVES The connection between the drug treatment system and the criminal justice system is longstanding and complicated. A chronological overview of some of the major legislative, judicial, medical, and social developments of the last century helps to set the scene for a more informed discussion of the present.
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From page 137... ...
As interpreted in the years after its passage, the Harrison Act in effect criminalized possession, use, and sale of opiates and cocaine for nonmedical purposes; it was the first time in the United States that criminal sanctions were uniformly imposed (Weissman, 197&~. Because doctors were not permitted to administer controlled substances to patients merely to maintain addiction, addicts were cut off entirely from all sources of legal (medical)
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From page 138... ...
Although the hospitals also accepted voluntary clients, they were run as medium-security penal institutions and had both rehabilitative and addiction research purposes (King, 1974; Weissman, 1978~. The criminal justice system and the drug treatment system have "shared" clients, then, ever since punishment became an option for drug addicts in the United States.
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From page 141... ...
A philosophy that proposed humane rehabilitation and opportunities for treatment in place of deprivation and incarceration for those whose criminality could be linked to drug use found resonance in a criminal justice system looking for alternatives to traditional but unsuccessful methods (Jaffe, 1979~. Treatment approaches for drug users, especially heroin addicts, expanded as a part of a "war on heroin" and, more generally, reactions against drugs, crime, and accompanying lifestyles (Second National Commission on Marihuana and Drug Abuse, 1973a; Klein, 1983~.
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From page 142... ...
made the practice of court referral of addicts to community treatment a commonplace. In 1972, through the efforts of the Special Action Office for Drug Abuse Prevention (located in the Executive Office of then-President Richard Nixon)
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From page 143... ...
The classical definition of diversion is therapeutic intervention that takes place following arrest but before either a trial or adjudication. Several of the papers found in the appendices to the report of the Second National Commission on Marihuana and Drug Abuse (1973b,c)
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From page 144... ...
At its worst, diversion may be viewed as a supralegal mechanism, a tool available to the court to dispose of defendants and cases using alternative strategies that do not uniformly adhere to laws and procedures specifically in place to protect defendants' civil liberties (Second National Commission on Marihuana and Drug Abuse, 1973a,b,c; Senay et al., 1974; Yale Law Journal, 1974; Alper and Nichols, 1981; Harrington, 1985~. Critics of diversion share common concerns about the guarantee of due process rights during diversion procedures, which stem in part from the enormous variance in the extent to which defendants penetrate the system.
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From page 145... ...
Discussions were held in 1971 by the Law Enforcement Assistance Administration, the White House's Special Action Office for Drug Abuse Prevention, and the National Institute of Mental Health's Division of Narcotic Addiction and Drug Abuse (NIDA's predecessor) on how to link treatment and the judicial process, thereby interrupting the relationship between drugs and property crimes (Bureau of Justice Assistance, 1988~.
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From page 146... ...
TASC program participants are under direct supervision of the court, the treatment program, and the TASC worker assigned to their case. Because of the leniency of some treatments, TASC programs often diverted those who were not addicted to an illicit substance and for whom criminal conviction was seen as too severe, such as occasional users of .
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From page 147... ...
For more current discussions of diversion, probation and the nexus between the criminal justice and drug treatment systems, see Chambers and coworkers (1987) , NIDA Monograph No.
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From page 148... ...
Other sources include the California State Penal Code and statistical reports compiled by the Judicial Council of California, the California State Department of Justice, the county municipal court system, the probation department, the county's detention facilities, and the Drug Abuse Program administrative office. Before examining the relationship between the criminal justice and drug treatment systems, it is helpful to have an overview of the study county.
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From page 149... ...
The types of services offered in the county are prevention, education, and treatment for youth; prenatal and perinatal educational services for women; and outpatient prevention, education, and some treatment services for parents, families, and some individuals. The Drug Abuse Program Office uses its funds to provide residential treatment (23 percent)
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From page 150... ...
Of the 150 detox slots, 14 are publicly supported; of the 300 maintenance slots, 140 are paid for by Medi-Cal. The county's methadone budget was cut in half in 1988; it accounts for only 17 percent of all drug treatment monies in the 1988 budget, down from the 35 percent share it had in 1987.
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From page 151... ...
This is unfortunate as the cost of treatment is lower than the cost of incarceration; and treatment is more likely to assist the person in adopting a productive, crime-free lifestyle." One of the 12 recommendations in the report was to establish 50 long-term and 50 short-term beds for incarcerated individuals in need of residential treatment, but publicly funded special services neither exist nor were planned for nonincarcerated criminally involved illicit drug users. There were few data available from the drug abuse treatment system report or from interviews conducted with providers to identify or elaborate the linkages between the drug treatment system and the criminal justice system.
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From page 152... ...
His feeling was not that drug users identified by the criminal justice system did not need treatment but that he "had his hands full" securing the money to provide the rest of the community with sentences. No mention was made of potential linkages with the justice system or joint funding schemes to begin to serve criminally involved illicit drug users, despite the stress their presence placed on the county's drug treatment and criminal justice systems.
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From page 153... ...
Here, the focus is on the most common pathways to drug treatment through the criminal justice system rather than the identification of every possible trail or outcome. The county's criminal justice system is the joint enterprise of a number of interrelated institutions: (1)
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From page 154... ...
The arresting officer determines that the person in custody is in need of detoxification from drugs or alcohol, or both; California law allows for that person to be taken to a legitimate faciliny for detox services. However, a police officer may still lodge a complaint against a person who is suffering from an illicit drug overdose or drug-related medical problem even if they are delivered to a hospital or clinic because drug use itself constitutes a violation of the drug laws and is thus regarded as a crime.
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From page 155... ...
155 on' COW .u LAW, i; Z o (a , z z 6 up 2 §0 , )
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From page 156... ...
At the time of arraignment the district attorney may dismiss the charges against the defendant because of improper arrest procedures or insufficient evidence to prosecute, or if so instructed by the court. At arraignment the defendant is given a chance to plead and to designate a private defense attorney or request that a public defender be appointed by the court.
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From page 157... ...
Drug diversion was intended for those users of illicit drugs who are, as one probation officer said, Not immersed in the drug culture; it's for the recreational users...." Illicit drug traffickers or those suspected of heavy selling activities are considered to be too far along -- both in their criminal activities and in the amount of drugs they are suspected of using-to be candidates for diversion. A defendant may attempt to qualify for diversion by self-enrolling in a treatment program, but more often the court or the defense attorney initiates the action by requesting that the district attorney begin eligibility proceedings.
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From page 158... ...
Both diversion and probation are pathways out of the criminal justice system into the drug treatment system and are considered in detail in the next section. Diversion and Probation: Pathways to Treatment This section focuses on pathways to treatment through the criminal justice system and the implied transfer of criminal justice functions to other social institutions such as drug treatment programs.
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From page 159... ...
. Probation departments and public defender offices provide positions for resource officers who are assigned to locate alternative placements for divertees and convicted misdemeanor offenders whose problems are viewed as drug related.
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From page 160... ...
A variety of programs are accepted by the probation department as sufficient for the conditions of release under this law, including nondrug treatment programs. Sometimes the person returns to his or her home in another jurisdiction and participates in a program outside the counter while keeping in touch with the probation department.
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From page 161... ...
4 7.9213 7.5 Arrests for dangerous drubs596 29.7688 31.2813 28.8 Arrests for narcotics1,143 56.91,313 59.61,761 62.4 Arrests for all other drugs21 1.028 1.332 1.1 Male arrests for all drug law violations1,673 83.31,774 80.52,270 80.5 Female arTests for all drub law violations335 16.7429 19.5549 19.5 Total arrests for all drub law violations2,008 26.62,203 26.82,819 29.3 Total arrests for all charges7,557 23.98,215 24.79,603 28.4 Misdemeanor-LRvel Charges Arrests for marijuana Arrests for glue sniffing Attests for selling/trafficking Arrests for all other drugs Male arrests for all drug law violations Female arrests for all drug law violations Total arrests for all drug law violations Total arrests for all charges Felony- and Misdemeanor-Level Charges Total arTests for all drug law violations Total arrests for all charges 365 16.0 7 .993 1,561 68.4 349 15.3 1,995 287 2,282 24,063 374 6 1,248 430 87.4 1,789 12.6269 9.42,058 76.124,990 18.2 .003 60.61,353 20.9778 86.9 13.1 8.2 75.2 3 369 14.? .001 54.0 31.1 2,170 86.7 333 2,503 24,154 13.3 10.4 71.5 3,955 13.S 4,261 12.8 5,322 15.7 31,620 100.0 33,205 100.0 33,757 100.0 SOURCE: State of California Department of Justice, Sacramento, Cali£, 1986, 1987, and 1988.
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From page 162... ...
Several probation department workers spoke of diverted cases that were more serious than section 1000 of the Penal Code allows. The language of the statute is imprecise (see section 1000.2~; to leave terms like "eligibility" and nsuitability" undefined and unqualified gives discretionary power to the courts, the district attorney and public defenders, and the probation department.
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From page 163... ...
Literacy skills, job training, employment, and a residential arrangement that allows for long-term sheltered living along with drug treatment are simply not provided. Yet without such bolsters to enhance an individual's support during treatment, the likelihood of sustained recovery is reduced.
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From page 164... ...
Regardless of the type of class or program in which a drug-diverted person participates, he or she must stay in regular contact with the probation officer. Several individuals in the probation department verified that drug diversion cases receive the minimum amount of supervision.
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From page 165... ...
Briefly, probation may not be applied to certain cases involving specific violations of the State Code unless it is shown that Justice will better be served" through granting probation; it must be requested by the defendant or applied for by the inmate and is subject to the approval of the court during a formal hearing for which a report and recommendation are filed by the probation department; probation is revocable if the conditions stipulated by the court are violated; it involves different levels of supervision in the community and may include a mandate to undergo drug treatment; and the level of supervision and type of treatment are set by the resource officer who is assigned to the case. If a defendant is convicted and the sentence involves probation without a jail term, the defendant is ordered to contact the probation office.
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From page 166... ...
To move people in that condition to protective custody is considered a viable treatment Intervention by probation department supervisors and some users. Several probation officers reported that they were not encouraged in this county to violate their charges unless circumstances were so extreme and clear that incarceration was justifiable to the supervisor, who must .
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From page 167... ...
for a discussion of criminal justice interventions and the use of different treatment modalities for their clients.) Resource officers feel constricted by the drug abuse treatment system and speak of a lack of services for all county residents in general and for most of their clients in particular.
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From page 168... ...
Occasionally a probation officer is able to place one of his clients in a drug treatment program and arrange for the county to pay for the sentence. Evidence is mixed in this county that the criminal justice-drug treatment nexus is expanding; it appears that the shortage of drug treatment system services is condensing the flow of clients from the criminal justice system.
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From page 169... ...
. Data are not available that indicate the source of referral for clients of all publicly funded drug treatment programs.
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From page 170... ...
Speiglman and Weisner (1982:9) stated this clearly when they argued that "[biarriers between the drug treatment and criminal justice structures give way under the weight of reasonable treatment needs, pressures to retain elements of social control while lightening correctional caseloads, defense team maneuvers, and efforts by local officials and treatment agencies to strengthen their economies by recruiting new clients or transferring costs." The ensuing entanglement of drug treatment and criminal justice systems is thus partially clarified by a consideration of court-related concerns.
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From page 171... ...
The only form of drug treatment per se in jail is the weekly volunteer-facilitated Narcotics Anonymous meetings for any inmate who wishes to attend. There are beds designated for inmates with mental health (including substance abuse)
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From page 174... ...
Once incarcerated, probation is the only pathway to treatment. The caseworker cooperates with probation officers, attorneys, judges, and treatment providers to place prescreened inmates from the jail directly into acceptable substance abuse treatment programs.
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From page 175... ...
The final decision is made by the medical staff rather than the woman. Perhaps the most prominent program concerned with substance abuse in the county detention facility is not a treatment program but an education program originally begun to deal with repeat-offender drunk drivers.
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From page 176... ...
It must be borne in mind, however, that it is strictly an education program and not drug treatment. Part of the program involves education about substance abuse, but the bulk of the curriculum consists of cooperative learning activities aimed at increasing detainees' postrelease employability.
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From page 177... ...
Case Study Conclusions This preliminary examination of the interplay between one county's criminal justice and drug treatment systems reveals that there are opportunities at several stages in the adjudication process for transfer out of the former and into the latter. Attempts to secure presentencing diversion may be made at any point after an offender is "booked," but they are officially recorded in the court's files following arraignment.
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From page 178... ...
the absence of an authentic drug treatment program for inmates that is appropriate for a large population diversified by race, gender, age, literacy skills, education, family background, and patterns of drug and alcohol use; (5) the dearth of suitable programs in the community that can accommodate the treatment and rehabilitation needs of an undeniably large group of drug users living in the county -- those who have interacted
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From page 179... ...
Until additional treatment services are funded, the potential opportunity to positively affect the lives of criminally involved drug abusers by referrals out of the criminal justice system and into drug treatment will remain lost. Continued and informed debate on these issues is necessary, especially now that diversionary programs and legal mandates to treatment are commonplace.
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From page 180... ...
Do the climates of the court, the district attorney's and public defender's offices, and the probation department influence more than just the terms of the release? Without research specifically designed to follow criminal justice system clients as they are processed by the courts and become involved in drug treatment programs, these questions remain unanswerable.
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From page 181... ...
The apparent lack of coordination between the jail-based drug program officials and resource officers in the community, the minimal supervision offered by probation officers for drug cases, and the shortage of publicly supported drug treatment slots point to a system that is severely underfinanced, overburdened, and incapable of coordinating the services that are available. Diversion or probation programs do not seem to qualify as uniform or legitimate efforts to deliver drug treatment services.
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From page 182... ...
Both additional information and a broader, more informed perspective would result from more comprehensive and evaluative study of the county's drug treatment and criminal justice systems. This report contains data drawn from a series of interviews with key players and targeted clients in both systems: representatives from law enforcement agencies, court officials, detention facility workers (both sworn and civilian personnel)
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From page 183... ...
The ambiguous connection among the courts, the jails, and the drug treatment system; the critical shortage of drug treatment services; and the unevaluated quality of the care provided in the study county only exacerbate these dilemmas. Indeed, the connections among the courts, jails, and drug treatment system and among their personnel in the study county appear to be not only ambiguous but ungrounded and inconsistent; fiscal, legal, medical, and philosophical issues are further obscured.
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From page 184... ...
When the extent of the caseflow threatens the uniform execution of the laws, as is occurring in the study county, the actual or latent value to the defendant of alternatives to incarceration is sacrificed. Any discretion left to the resource officers or to the clinician to make referrals is further eroded when services are insufficient in terms of availability or in terms of
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From page 185... ...
Matching the systems' resources with client characteristics and needs becomes more plausible, making a wider range of services available as options increase with added client slots. Additionally, the criminal justice system could establish and maintain its own range of drug treatment services for offenders, services that reflect the special status of the clients as both drug users and criminal offenders.
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From page 186... ...
Doing straight time in prison among other regular offenders is very different from being placed in a drug treatment program and monitored by the court, a probation officer, and treatment staff. Drug treatment regimens generally are not considered to be easy to follow -- either when a sincere attempt is made to recover or if one only wants to "do the time" in order to stay out of jail or to get out sooner than would otherwise be possible.
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From page 187... ...
Perhaps gains made in treatment program availability and effectiveness will soon match the reductions in courtroom caseflow that have already been realized. The causes of drug abuse are complex, but they may be explored and faced directly.
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From page 188... ...
Hubbard (1985) Drug abuse treatment process: a review of the literature.
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From page 189... ...
Pp. 826-856 in Second National Commission on Marihuana and Drug Abuse, Drug Use in America: Problem in Perspective.
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From page 190... ...
Arlington, Va.: National Drug Abuse Training Center. Gusfield, J.R.
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From page 191... ...
(1988) Compulsory Treatment of Drug Abuse: Research and Clinical Practice.
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From page 192... ...
Pp. 335-348 in Second National Commission on Marihuana and Drug Abuse, Drug Use in America: Problem in Perspective.
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From page 193... ...
Jails and drug treatment: a national perspective. Federal Probation 40~3~:3-12.
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From page 194... ...
Government Printing Office. Second National Commission on Marihuana and Drug Abuse (1973c)
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From page 195... ...
Pp. 450-473 in Second National Commission on Marihuana and Drug Abuse, Drug Use in America: Problem in Perspective.
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From page 196... ...
Yale Law Journal (1974) Note: pretrial diversion from the criminal process.
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