An estimated 1.2 million drug-addicted people are currently involved in the justice system.  “Drug courts” provide effective intervention, save money and significantly reduce drug use and crime through intensive supervision and treatment. Such court dockets exist throughout Ohio’s adult and juvenile courts and there are more than 2,000 across the nation. Over the last 20 years, state and federal studies have consistently shown that drug courts are the most cost-effective way to reduce drug-related crime.

 
Q:       How does a drug court work?
A:        Usually administered through a traditional court, a “drug court” is a specialized docket created to manage cases involving drug-addicted offenders. The cases that qualify for management through a drug court can be drug-related (i.e., possession of drugs), or seemingly non drug-related (i.e., theft), but all involve drug-addicted offenders. An arrested person who is determined to have a drug addiction, and otherwise meets the court’s criteria, is screened for eligibility and enters the drug court program shortly after arrest. If appropriate, drug offenders begin treatment within two weeks of arrest. While in the community, they must comply with intensive probation requirements. They meet frequently with case managers, probation officers and the presiding drug court judge. They must prove sobriety through urine testing and must comply with all requirements set by the managers.

            In Ohio, the Supreme Court has adopted rules outlining requirements for drug court certification.  These standards create a minimum level of uniform practices for each court, and permit two “tracks” by which offenders may enter the program. Under a “probation track,” offenders enter the program as a condition of probation. Under the “intervention in lieu of conviction” track, offenders are eligible to have the charges dismissed upon successful completion of the program. Intervention in lieu of conviction requires 12 consecutive months of sobriety for eligible offenders. 

            The program requires each offender to complete an individualized case management plan and remain drug and alcohol-free. Offenders may obtain GEDs and/or employment, work with Children’s Services to be reunited with their children, perform volunteer work, attend AA (Alcoholics Anonymous) and NA (Narcotics Anonymous) meetings, and do whatever is necessary to re-enter society as sober, responsible people.
            Offenders in a drug court program must appear in court on a regular basis to and take responsibility if they do not comply with the program’s expectations. If they fail to comply (for example, by missing a meeting or testing positive for drugs), the court imposes a series of graduated sanctions. The first sanction, for example, may require sitting in court for one day. The second sanction may require two days of community service, and three days of jail time may be required for the third sanction, and so on. The offender will not be removed from the program unless he or she is unwilling to try, but the offender’s willingness to try is gauged on actions, and not just words.  Some offenders decline to enter the program, opting for jail or prison instead because they feel the program’s requirements are too difficult. 

Q:       Are there rewards for offenders who successfully complete a drug court program?
A:        Yes. Successful participants receive court commendations for sobriety or other achievements. Rewards can range from praise to tangible items such as certificates and gift cards.  Also, the amount of their fines may be reduced. A formal graduation ceremony acknowledges their successful completion of the program. If the offender entered the program on probation, that probation is concluded. Offenders who enter under intervention in lieu of conviction are eligible to have their cases dismissed.

Q:       Why not just send drug users to jail?
A:        Drug courts reduce crime as much as 45 percent more than other sentencing options. Without drug treatment, more than 70 percent of drug addicts will commit new crimes, but75 percent of drug court graduates nationwide remain arrest-free for at least two years after leaving the program.

            Also, incarceration is an expensive punishment, and national corrections expenditures exceed $60 billion annually. In both the short and long term, drug courts are less expensive than traditional approaches. For every $1 invested in drug courts, taxpayers save as much as $3.36 in criminal justice costs alone. Drug courts reduce police overtime for court appearances and lawyers’ fees for defendants who cannot pay for their own attorneys. Also prosecutors can devote more time to other cases, which helps reduce the court’s docket, and jail beds can be used for other offenders.
            In addition, taxpayers realize long-term savings because rehabilitated offenders can hold jobs, pay taxes, participate in the community, and care for their children rather than neglecting them or leaving them to the care of the state. Finally, a rehabilitated offender’s children are much less likely to become offenders. This effectively ends the cycle of crime for many people.

This “Law You Can Use” column was provided by the Ohio State Bar Association (OSBA). It was prepared by Hon. Joy Malek Oldfield, a municipal court judge and the presiding judge of a drug court in Akron. The column offers general information about the law.  Seek an attorney’s advice before applying this information to a legal problem.

Q:                               Q:       My 21-year-old daughter, who lives alone, suffers from the effects of alcohol abuse. She refuses to get treatment, and I fear for her safety. Is there any way to get her into treatment despite her refusal?

A:        Yes. On March 22, 2012, Ohio Senate Bill 117 became effective. This law includes a provision allowing a probate court to order involuntary treatment for a person suffering from alcohol or other drug abuse, as long as certain procedures are followed. A spouse, relative or guardian may initiate this proceeding.

Q:       How would I go about asking the court to order treatment for my daughter?

A:        First, you would file a petition with the probate court and pay any fee that may be charged for filing an affidavit saying you are seeking your daughter’s hospitalization. Your petition must include certain information that must be verified by the court, including a doctor’s statement about your daughter’s need for treatment (unless she has refused to see a doctor about her condition). The law gives the probate court “exclusive jurisdiction” to hear and determine such petitions. This means that only the probate court can consider your petition, order treatment for your daughter, and take other actions allowed by law regarding involuntary treatment for someone suffering from alcohol or other drug abuse.

Q:       What happens once the probate court receives my petition?

A:        After having received your petition and filing fee (if any), the court must examine you under oath about what is included in your petition. After reviewing the allegations in your petition, the court must decide if there is “probable cause” to believe your daughter may reasonably benefit from treatment. If the court finds probable cause, it will conduct a hearing to determine if there is “clear and convincing evidence” that your daughter may reasonably benefit from treatment. The court will also consider the recommendations of a qualified health professional who has examined your daughter and can certify that she meets the criteria for involuntary treatment.

Q:       If the health professional certifies to the court that my daughter should receive involuntary treatment, what happens next?

A:        If the probate court finds “by clear and convincing evidence” that your daughter presents an “imminent threat of danger” to herself, her family or others, and that she would reasonably benefit from treatment, the court may order your daughter to be hospitalized for this treatment.

Q:       Does my daughter have any rights in this matter?

A:        Yes. Your daughter has a right to legal counsel and to have an independent expert evaluation of her physical and mental condition. Also, if your daughter is hospitalized during the proceeding because the court finds that she presents an “imminent threat of danger” to herself, her family, or others, then the court must inform your daughter that she may immediately make a reasonable number of phone calls or use other reasonable means to contact an attorney (or someone who can help her secure legal counsel), a licensed physician or a qualified health professional, or to get medical or psychological help. Your daughter would receive help in making calls if she needs help and asks for it.

Q:       What if my daughter refuses to be examined before the court hearing, or refuses to go to the hospital even after the court has ordered it?

A:        The law authorizes the probate court to issue a summons if your daughter fails to attend an examination scheduled before the hearing. The summons must be directed to your daughter and must command her to appear at a particular time and place. The summons also will say that, if your daughter fails to appear at the examination or the hospital, the court may order the sheriff or any other peace officer to transport her to a hospital from a list the law provides.

Q:       Who decides which hospital will take my daughter?

A:        The law requires each Ohio county’s board of alcohol, drug addiction and mental health services to submit lists of certain specified hospitals to the clerk of each county’s probate court at least once a year.

Q:       Will information about my daughter’s involuntary treatment be kept confidential?
A:        Yes. Ohio laws regarding patient confidentiality, as well civil rights and liberties, apply to a person who is ordered to undergo treatment for alcohol and other drug abuse.  

Q:       Who is responsible for my daughter’s treatment costs?
A:        When you file a petition with the probate court, you must also file a statement guaranteeing payment of the costs of any required examinations of your daughter and the costs of any treatment ordered by the court.  

This “Law You Can Use” column was prepared by the Ohio State Bar Association. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.