New Jersey Alcohol & Drug Addiction: Judicial Attitudes toward Rehab
While most state governments want to be seen as empathetic toward people with drug abuse or alcohol addiction issues, many just pay lip service to it. Often, those who enter the criminal justice system due to their substance abuse issues are treated like criminals. The states that do try to treat people with substance abuse issues, as opposed to putting them in jail, often underfund the program, focus only on certain types of addictions, threaten failure with too little of a penalty, or encourage success with too little of a reward. New Jersey courts, however, lead the way in substance abuse treatment for addicted criminals. Not only is there a state-funded, state-wide, comprehensive system to keep drug abusers in treatment and out of jail, but New Jersey treats certain low-level driving under the influence cases as traffic incidents rather than criminal violations.
Treatment of Drug Addicts in New Jersey Courts
According to the DEA, New Jersey has a serious drug problem. In April 2006, state medical professionals and law enforcement personnel noticed a dramatic increase of both fatal and non-fatal overdoses based on illegally manufactured fentanyl, a drug often used treat severe pain or drug-tolerant patients. New Jersey also has the unfavorable distinction of having twice the national average of heroin addicts between the ages of 18 and 25; a trend that continues given the relatively high level of purity and low price of New Jersey heroin. In a recent year, 41% of all substance abuse treatment admissions were for heroin addiction. Incarceration of people who are convicted of crimes connected to their alcoholism or drug addictions continue to plague state budgets. New Jersey spends an average of $35,000 per inmate, per year on its corrections program.
Happily, New Jersey is at the forefront of diversion programs for drug addicts. State lawmakers and judicial officers recognize that drug abusers will not stop committing crime if they need money to get high; the only way to stop the crime is to treat the addiction and change harmful behavior. New Jersey has three levels of judicial intervention for drug addicts who enter the criminal justice system. These rehabilitation programs focus primarily on first time offenders who have no violent backgrounds.
New Jersey Drug Court is a state-wide system, funded by the state. The success of the New Jersey Drug Court has prompted calls for expansion because, while the courts exist through the state, there are not enough spaces for all eligible participants. Started in 1996 in Camden and Essex courts, the program was expanded in 1999 to include Mercer, Passaic and Union. In 2001, New Jersey passed a law that enlarged the program to all of New Jersey, and also provided funding.
In New Jersey, court personnel collaborate with drug treatment professionals and substance abuse evaluators so that treatment for each participant can be tailored to his or her situation. Frequent court appearances and drug testing act to both support recovery and monitor compliance. Consideration for this drug treatment diversion program begins with a standardized assessment. Judges use as system of graduated sanctions and incentives to encourage drug rehab success. It is estimated that drug courts save the State of New Jersey roughly $17,000 in incarceration costs per participant, per year. Based on a recent NJ Supreme Court ruling, judges enjoy broad discretion as to whether a drug addict is eligible for the program. Participation in the New Jersey drug court program can last up to five years, during which time the addict is on probation and in some type of treatment program.
New Jersey also offers two programs for drug offenders who need less supervision to comply with the drug treatment program. The first, Pre-Trial Intervention (PTI), is for first time offenders who are accused of a non-violent crime. For serious offenses, applicants need prosecutorial approval for participation. The goal of the program is to address the problems that lead to the criminal behavior. Often, drug abuse or alcoholism is one such factor. Successful completion of the drug rehab or alcohol rehab program results in a clean criminal record and, possibly, expungement of the arrest record.
The last drug diversion program is called Conditional Discharge. The program is mainly for those charged with marijuana (pot) related petty offenses. The offender is given probation, the proceedings are suspended and, if there are no negative drug tests or further offenses, the charges are dismissed.
All three of New Jersey’s drug diversion treatment programs are supported by Treatment Assessment Services for the Courts (TASC). Any time a judge needs to make a decision about bail, diversion or sentencing, a substance abuse evaluator completes a comprehensive assessment of the case. The assessment process is rigorous and consists of a drug test, addiction severity rating, treatment need analysis, preparation of a list of recommended providers, and determination of an anticipated entry date.
Treatment of Alcoholics in New Jersey Courts
New Jersey is truly unique in its treatment of alcohol abusers who are arrested for driving under the influence. Unless the DUI resulted in an injury or damage to property, the incident is treated as a traffic violation. Since it is not a criminal offense, there is no jury trial for DWI. When arrested, there is no fingerprint and the DUI will not appear on the driver’s criminal record; however, the incident will appear on the department of motor vehicle record. Depending on the blood alcohol level of the driver, punishment for a first-offense DUI in New Jersey can be up to 30 days jail, a $500 fine, and up to a year of license suspension. In addition, the driver must attend between 12 and 48 hours of education counseling at the Intoxicated Driver Resource Center, where he or she will be evaluated and referred for more comprehensive alcohol abuse treatment, if necessary.
Tags: drug court, DUI
