Kentucky Drug Court: Saving Costs, Saving Lives

Success of Drug Court is fueling program’s momentum throughout Kentucky

Drug Court is a shining example of Kentucky’s success in specialty courts. Instead of spending time in jail, eligible participants complete a substance abuse program supervised by a judge.

Since the Kentucky Court of Justice began implementing Drug Court in 1996, more than 2,250 participants have graduated from the program. Because of the focus on rehabilitation, Drug Court graduates are more likely to return to productive lives and stay gainfully employed, pay child support and meet other obligations.

As Drug Court moves into its second decade, the program's solid track record has convinced leaders in state government, along with local judges, prosecutors and treatment providers, that Drug Court is an essential component of the Kentucky court system.

More individuals than ever have access to the rehabilitative services that Drug Court provides. With the launch of 16 new sites in the last two years, Drug Court is now operating in 115 counties. The goal is to ultimately have Drug Court available to all of those in need of its services.

What is Drug Court?
Why Drug Court?
Who is Eligible for Kentucky Drug Court?
The Referral Process
The Drug Court Process
What Happens After Participants Complete Program?

Drug Court is a supervised program that successfully combines a strong treatment component with the legal weight of law enforcement. While components of the Drug Court program have long existed separately in the criminal justice system, this approach is the first to bring all elements together in a nonadversarial environment.

Since the mid-1980s, court dockets across the nation have become overloaded with drug cases and drug-involved offenders, leaving fewer resources for more serious, violent offenders. Incarceration does little to break the cycle of illegal drug use and criminal activity, and those incarcerated exhibit a high rate of recidivism. Incarceration also removes individuals from their drug-abusing lifestyles for a period of time, but without treatment, education and life-skills training, addicts return to the same using/criminal cycle. Substance abuse treatment reduces both addiction and drug-related crime. In addition, Drug Court provides alternative services for about 10 percent of the cost of incarceration.

Nonviolent offenders who have committed drug or drug-related crimes, defendants who are eligible for probation or Class D Diversion, defendants who have violated current terms of probation related to substance abuse issues, defendants who can acknowledge drug addiction and be assessed as eligible on a Substance Abuse Clinical Assessment, defendants who have not previously participated in a Drug Court program for adult offenders, and defendants who are willing to sign all Drug Court forms, agreements and waivers.

Probation: Once a defendant has entered a guilty plea, the attorney for the defendant may request that the judge order a Drug Court assessment to determine eligibility for the program.

Diversion: Defendants may also enter the Drug Court program pursuant to the jurisdiction’s local Class D Diversion procedures. The judge may order a Drug Court assessment to determine eligibility.

Drug Court staff will conduct an eligibility screening. If the defendant is determined to be eligible, a Notice of Eligibility will be sent to the judge. During a staffing meeting, the team will review the defendant’s assessment and other eligibility requirements, and decide whether the defendant is appropriate for the Drug Court program. While the Drug Court team should have input into the decision, the Drug Court judge ultimately must decide whether to admit an eligible defendant into the program. If the defendant is determined to be appropriate, the judge may order him or her to enter and complete the program at sentencing.

Kentucky Drug Court programs are designed to be completed in a minimum of 15-18 months, including 12 months of active participation, six months of aftercare for felony participants and three months for misdemeanor participants. The program is made up of three phases, each with specific tasks and goals to be completed before advancing to the next phase.

Participants must attend a Drug Court session one time a week during Phase I, one time every two weeks during Phase II and one time every three weeks during Phase III. Participants must submit to a minimum of three random urine screens in Phase I, two random urine screens in Phase II and one random urine screen in Phase III.

Participants must obtain and maintain employment or an educational pursuit throughout the duration of the program. Participants must also obtain and maintain stable, approved housing throughout the duration of the program. They must attend a minimum of three outpatient treatment groups and one individual meeting per week with Drug Court staff during Phase I, a minimum of two outpatient treatment groups and one individual meeting with Drug Court staff per week during Phase II, and one outpatient treatment group and one meeting per week with Drug Court Staff during Phase III.

If a participant continues to experience relapse, a higher level of substance-abuse treatment will be considered. If a participant experiences a relapse in either Phase II or Phase III, a demotion to the previous phase will be imposed. Participants must pay all, or a reasonable amount as determined by the Drug Court team, of the restitution, court costs, fines and fees.

Participants who have child-support obligations must pay on both the current amount owed and all arrearages throughout the duration of the program. They must attend self-help/community support group meetings. Participants must also abide by curfews and all other court-imposed restrictions, and submit to home visits conducted by Drug Court staff and/or law enforcement officials. Failure to comply with Drug Court requirements will result in sanctions which include, but are not limited to, community service, jail, and termination.

Once a participant has successfully completed all requirements of the Drug Court program, the judge may conditionally discharge the remainder of the probationary period (in the case of a probation-referred participant) or dismiss the charges (in the case of diversion).