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.

Both Ted and Joan have have struggled to stay sober over the years. Their son, Patrick Kennedy, also suffers from substance abuse issues. He has previously admitted to being addicted to prescription drugs, and sought treatment for cocaine addiction when he was a teenager. Just this year he announced that he would enter alcohol rehab for yet another round of substance abuse treatment.

The addiction saga of the Kennedy family is just one example of how drugs and alcohol affect the lives of those living in Massachusetts. A recent Substance Abuse and Mental Health Services Administration (SAMHSA) study found that Massachusetts is among the top ten states for both illicit drug use (marijuana, cocaine, crack, heroin, hallucinogens, prescription drugs) and binge alcohol drinking (five or more drinks on one day in a month). It is estimated that 10% of Massachusetts residents use illicit drugs and 25% binge drink. Given the gravity of the substance abuse problem in Massachusetts, the state’s Department of Health funds a treatment hot-line which focuses on finding treatment options for Massachusetts alcoholics and drug addicts (helpline-online.com).

Drug Abuse Treatment in Massachusetts

Given the increase of drug-addiction related crime in recent years, those who work in the criminal justice system have recognized that incarceration does not help prevent recidivism among drug abusers; many drug addicts commit crime simply to support their habit. Instead of sending an addict to jail, some states have passed diversion laws which allow judges to send a non-violent drug addict to rehab instead. Massachusetts residents have been particularly susceptible to heroin addiction, especially in the inner city. Although Massachusetts has not yet passed a comprehensive drug diversion law, certain judicial officers have embraced the treatment-over-incarceration model and have developed a system of drug courts in Massachusetts. In 2007, Massachusetts representatives proposed HB 1613, a law that would establish and fund a formal drug court system in the state. However, this bill has not yet been approved by lawmakers.

Judge Robert Ziemian is the father of the Massachusetts drug court model. The model is based on the presumption that drug addicted criminals who are threatened with sanctions for treatment failure will stay clean longer than those who enter traditional substance abuse treatment programs. Ziemian traveled to Miami to observe a Florida drug court and was impressed enough with the results that he implemented a version in Massachusetts. As of 2005, there were approximately 20 drug courts, serving both adult and juvenile addicts, operating in Massachusetts with approximately 1200 current enrollees.

The Massachusetts drug court model is a collaboration between judges, clerks, probation officers, lawyers, treatment providers, public health officials and social workers and uses the “carrot-and-stick” approach to changing behavior. Criminal drug addicts commit to substance abuse treatment and intense judicial supervision in order to stay out of jail. In this model, probation officers play a large role by finding substance abuse treatment slots for the drug addict and helping the addict through treatment. Because the Massachusetts state legislature has never specifically funded the drug court program, courts generally add the drug cases to their regular dockets and use already-existing resources to manage the cases.

The Massachusetts drug court program is open to non-violent convicted drug offenders. Instead of being sentenced to prison, the drug addict is subject to probation and treatment for up to two years. Successful completion of the program may result in the drug charges being dismissed. Each participant begins the program in detox, moves to residential substance abuse treatment, and then attends outpatient relapse prevention classes. Participants attend regular, open, court sessions where there cases are discussed in front of other participants. Case management conferences among drug court personnel can happen either privately or in open court, depending on the rules of the particular presiding judge.

Drug Abuse Treatment for Federal Drug Addicts in Boston

In 2006, federal probation officers in Boston began a truly revolutionary program aimed at treating those addicted to crack, heroin, marijuana, and other drugs who have served time in the federal prison system. This Court Assisted Recover Effort (CARE) is a voluntary program for Massachusetts addicts consisting of a minimum of 52 weeks of case management sessions where the drug abuser’s treatment progress and job search are discussed in open court. Successful completion of the 52 week program can reduce the term of supervised release by one year. Participants meet at least twice a week for addiction treatment and drug testing. Violations are punished immediately in order to encourage changes in addiction behavior.

Marijuana Use in Massachusetts

While Massachusetts officials see the use of illicit drugs such as heroin, cocaine, and prescription drugs as a major public health crisis, the voters in Massachusetts recently decided that marijuana possession and use is a decidedly less serious problem.

Passed in November 2008 by a whopping 65% of voters, the Massachusetts marijuana (pot) decriminalization law went into effect in early 2009 and deems possession of one ounce or less of marijuana to be a civil violation, rather than a crime. Those caught with this small amount of pot are issued a civil ticket and must pay a $100 fine. Although 12 other states have similar laws, the Massachusetts marijuana decriminalization statute is the first passed since the 1970′s, perhaps signaling a shift in public perception toward pot use as a less serious issue than other forms of illegal drug abuse.

See Part II: Massachusetts (MA) Alcohol Addiction: judicial attitudes toward alcoholics

Millie Anne Cavanaugh is an attorney licensed to practice law in California & Massachusetts and is a former insurance defense lawyer. The information contained herein is provided for informational purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.

Attitudes toward drug and alcohol addiction have evolved over the years in society as a whole. While addicts and users used to be seen strictly as criminals, education and outreach programs have taught us that addiction is a disease. The treatment of addicts and alcoholics in state courts has also evolved over time. Florida has lead the way in this regard, establishing the first Drug Court and, more recently, applying the Drug Court model to habitual driving under the influence (DUI) offenders. Drug crimes are the most common type of case coming before Florida’s criminal judges today. Further, roughly 60% of those arrested are either under the influence of drugs or alcohol or have committed a crime to get drugs or alcohol.Drug Abuse

Florida’s drug court diversion program first came on the scene in Miami-Dade county in 1989. Judicial officers and court personnel had noticed an alarming rise in the number of drug offenders who where re-appearing in court for new drug-related crimes. It became clear that placing these criminals in jail was not helping with their underlying drug addiction issues. Instead, certain drug addicted criminals are offered the chance to successfully complete a drug treatment program to avoid a criminal conviction. Today, there are over 100 drug courts throughout Florida.

Florida’s drug court diversion program is codified in Florida State Law, section 948.08(6)(a). Drug addicts charged with purchasing a controlled substance, possessing a controlled substance, prostitution, tampering with evidence, solicitation for purchasing a controlled substance or obtaining a prescription by fraud all may be eligible for the pretrial program. Successfully completing the program means that the charges will be dropped and will not appear on the person’s criminal record. However, a small number of courts follow a post-conviction model instead.

If charged with a crime that is eligible for the diversion program, a defendant asks the court to be admitted to the program. If the district attorney agrees, the final admission decision is made by the judge. Certain prior convictions or the commission of violent crimes will make someone ineligible. Also, admission will be denied if the person is found to have been dealing or selling controlled substances.

The diversion program lasts for a minimum of one year and includes substance abuse treatment, case management, drug testing, monitoring and court appearances. The program also provides structured sanctions and incentives to participants. Certain violations will generate sanctions such as community service, probation or even jail time. Should one fail to complete the program, he or she may be offered the chance to repeat it or may be tried for the original crime.

The program itself is very structured and has three phases. In Phase I, the drug abuser enters detox in a county treatment clinic for up to two weeks to get clean. While there, they begin the group and individual counseling, 12 step meetings and drug tests that will be required throughout the program. The county also offers acupuncture to help with withdrawal symptoms. Phase II, stabilization, lasts for up to four months and focuses on helping the addict stay clean. Participants are now required to start attending court sessions. Phase III, after care, lasts up to 9 months and adds education and vocation classes to participants.

Alcohol Abuse

Florida has the third highest rate of motor vehicle fatalities due to alcohol use. However, alcoholics are treated much more harshly in criminal court than drug addicts. Once charged with a DUI, it is not likely that a person addicted to alcohol will walk away from it with treatment instead of a criminal conviction. A first DUI offense carries with it up to six months in jail, a $500 fine, six months license suspension, 10 days of loss of vehicle, 12 hours of DUI school, 1 year probation and 50 hours of community service. It is possible to get a first DUI charge reduced to either reckless driving or careless driving, a civil citation. However, the most treatment a first offense DUI defendant will be ordered to complete is 12 hours of “DUI school”. Compare this to the 12-month treatment program offered to certain drug offenders through the drug diversion program.

A few Florida counties are beginning to offer DUI Court, a program which offers probation and treatment as an alternative to serving time in jail. However, as opposed to successful participants in the drug diversion program, DUI Court participants will not have their convictions dropped after treatment. Sarasota County started its DUI Court program in 2008 and serves those who have been convicted of DUI two or more times. The phases of the program are similar to those of the drug diversion program.

Millie Anne Cavanaugh is an attorney licensed to practice law in California & Massachusetts and is a former insurance defense lawyer. The information contained herein is provided for informational purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.