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Drug Court
The Drug Court concept was pioneered in Miami-Dade County in response to the
crack cocaine epidemic of the 1980's and the resulting explosion of drug cases.
It was a collaboration between the Public Defender’s Office, SAO and the Court.
The former Miami-Dade Public Defender Bennett H. Brummer was a founder and
champion of drug court. Miami-Dade’s Drug Court is so successful it has been the
model for establishing some 600 drug courts across the country and around the
world. Rather than a traditional trial court, Drug Court may be more properly
regarded as a treatment program. No one is adjudicated in Drug Court. If a
person has no prior criminal history and successfully completes the program, his
or her case is Nol Pros (an announcement that the State is no longer going to
prosecute the case). If the person has a prior criminal history and successfully
completes the program, he would receive a withhold-of-adjudication on the
charges. Depending on the prior criminal history, the person may be eligible
to have their record sealed or expunged.
Drug Court is purely voluntary and people referred to Drug Court are regarded
as addicts, not criminals. They are treated with dignity and are expected to
participate in the development of treatment plans to address their needs. If an
individual chooses not to participate, the case is transferred to a traditional
trial court for normal felony case processing.
Drug Court participants have access to a substance abuse treatment continuum
that includes residential treatment, outpatient treatment and support groups
depending upon the client’s needs. In addition to substance abuse treatment,
Drug Court clients have access to assistance with housing, education, jobs and
transportation.
There are thousands of Drug Court successes, people who have turned their
lives around, who are drug and alcohol free and are now productive members of
our community. Those successes have been based upon the individual’s commitment
to turn his life around and the opportunity to do so in a therapeutic
environment combined with periodic court reviews. The voluntary nature of the
Drug Court assures that the programming will be of value to the clients. The
combination of intensive judicial interaction and treatment allows a person to
be successful in establishing a drug-free life and becoming a productive member
of society.
Drug Court Process
Shortly after a person charged with a drug related felony is booked into the
jail, the person is screened by the Pre-Trial Services Unit of the Miami-Dade
Department of Corrections and Rehabilitation to determine whether the person
meets Drug Court admission criteria.
A person charged with felony possession and/or purchase of a controlled
substance, and who has no violent criminal history, may qualify for the program.
If a person meets the criteria, his or her case is transferred to Drug Court for
the first appearance/bond hearing. In some cases, screeners may inadvertently
send a Drug Court-eligible individual to a regular bond hearing and the case
ends up in a regular trial court. If the person qualifies, the trial court judge
may transfer the case to Drug Court. At the Drug Court first appearance, a
determination is made whether the individual actually qualifies for Drug Court
diversion and whether the individual wants to participate in a treatment
program. At that time, there is also a determination as to whether the person
needs in-patient or out-patient treatment. In exchange for participating in the
Drug Court, the person waives their right to a speedy trial. Drug Court clients
are in treatment for a minimum of one year. People who are homeless, but
otherwise qualified to enter Drug Court may participate through HART (the
Homeless Assessment, Referral and Tracking Program).
If the individual agrees to the conditions of Drug Court, he will be
tentatively accepted as a condition of pre-trial release.
Drug Court Treatment Program
Depending on the person’s assessment, an intake counselor may recommend DATP
(the Diversion and Treatment Program), the county-run outpatient treatment
program, or an inpatient substance abuse program. An individual may also choose
to go to a privately-run program, provided the program is acceptable to the
Court and complies with all Drug Court requirements. Drug Court mandated
requirements are:
- Attendance at 2 individual or group counseling sessions per week
- Two urine samples per week
- Attendance at 2 NA (Narcotics Anonymous) or AA (Alcoholic Anonymous)
meetings per week or an alternative to attending these meetings, and with
the court's permission, individuals may choose to complete on-line programs
offered by Smart Recovery (www.smartrecovery.org/)
and Rational Recovery (www.rational.org).
- Appearance in court as required to discuss their progress with the
judge.
During the time a person is participating in the Drug Court program, they
will receive substance abuse counseling and treatment, will be regularly tested
for the presence of drugs and scheduled for hearings in court to discuss his
progress with the judge. In court, the judge will review the treatment
counselor’s report regarding the individual’s performance in the program. If the
judge suspects that the person may be relapsing, the judge may require him to be
tested for drugs, set court appearance dates more frequently or order the
individual into detoxification or jail. If the person fails to appear in court,
the judge will issue an arrest warrant.
In Drug Court, as with every client the Public Defender’s Office represents,
the attorney cannot reveal
confidential information without the client’s consent, nor advocate a
position contrary to the client’s wishes.
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