Spotlight on Juvenile Drug Courts

Why have a Drug Court?

Drug courts are designed to handle less serious drug-using offenders through supervision and treatment programs. Of the approximately 244 drug courts being planned or in operation today, approximately 25 are dedicated to juveniles. Program components vary, but essential elements include: frequent drug testing, judicial and probationary supervision, drug counseling, drug treatment, educational opportunities, and the use of sanctions and incentives. Many drug abusing adults began abusing drugs when they were juveniles but heavily influenced by the environment in which they are raised, which may include substance abusing adults. Specialized drug courts for juveniles have been developed in an attempt to stop the cycle of non-violent substance abusing juveniles through the judicial system.

Larger jurisdictions are able to staff separate judicial, prosecutor and defense offices for their drug court. However, an especially designated docket within the regular juvenile court will qualify as a "drug court" for the purposes of obtaining federal funding. To obtain an application for funding a drug court in your jurisdiction, call the Drug Courts Program Office at 202-616-5001. Additional information can be obtained at www.ojp.usdoj.gov/dcpo.

Drug courts represent an attempt to balance the desires of those who only want to impose punishment for drug offenses and those who only want prevention, treatment and diversion of court cases. The middle ground is swift and firm punishment coupled with effective and aggressive intervention. Typically, juveniles between the ages of 13 and 17 years who are charge with drug-related non-violent misdemeanor or felony offenses and who have no history of violence are considered. Juveniles and their parents who agree to the terms of a four-phase treatment component are accepted into the 12 month non-adjudicatory diversion program.

Treatment is an Essential Component

Jacksonville, FL (Harry Shorstein, State Attorney) has had a juvenile drug court since January 1997. Qualification for the drug treatment program is initially determined by a juvenile prosecutor. After acceptance, juveniles are admitted into a 25 bed residential treatment program. When the juvenile is medically and clinically discharged, he or she engages in an intensive 12-week outpatient program. Sessions focus on sobriety, self-esteem and family communication. The next component consists of twelve weeks of individual and group counseling, which rely on the 12-step treatment model. Finally, juveniles individually attend 12 weeks of programs such as Alcoholics Anonymous to make sobriety a regular part of their lives. At all times the juveniles are participating in the program, they are monitored by the court and undergo random drug testing.

Graduated Sanctions

To insure compliance with the drug court's conditions the Jacksonville court uses positive and negative reinforcement and employees graduated sanctions. If a juvenile does not comply with the treatment program, sanctions may include community service hours, roll-back to an earlier treatment phase, an extension of program length, and/or contempt proceedings with potential consequences of incarceration or reactivation of the original charges.

JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) PROGRAM

The Juvenile Accountability and Incentive Block Grant (JAIBG) program was created under the provisions of the FY 1998 Commerce, Justice and State Appropriations Act, but it is based on provisions contained in H.R. 3, the Juvenile Accountability Block Grants Act of 1997. The program will award grants to states to address the growing problem of juvenile crime by encouraging accountability-based reforms at the state and local levels.

State-by-State Qualification for Funds

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) of the Department of Justice (DOJ) is responsible for the administration of the $250 million JAIBG program. To qualify for funding, states and units of local government must establish a coordinated enforcement plan for reducing juvenile crime, developed by a Juvenile Crime Enforcement Coalition (JCEC). At the local level, the JCEC must include (unless impracticable) the police, sheriff, prosecutor, state or local probation service, juvenile court, schools, business, and organizations involved in crime prevention (religious-affiliated, fraternal, nonprofit or social service).

Grant funds will be allocated to each eligible state for distribution to state and local government units. Eligibility will depend on whether the chief executive officer of your state has made a timely (June 30, 1998) application to OJJDP and has certified that the predicates of the grant have been met or are under consideration.

Grant recipients must provide a cash match of 10% of the grant amount. The cash match is 50% if the grant is for the construction of a permanent juvenile correctional facility. Examples of qualifying matching funds include those provided by private sources, units of local government, the federal asset forfeiture distribution program, the Housing and Community Development Act of 1974 and the Appalachian Regional Development Act. The full match amount must be met and obligated before the end of the project period.

Contact Your State Designee

You can locate your state designee through the OJJDP home page, www.ncjrs.org/ojjhome.htm or by calling the OJJDP State Relations and Assistance Division (202) 307-5924 for technical assistance through a system of regional representatives. Your state designee can tell you whether your state is eligible for funding and how to apply for funding in your state. For more information, refer to the Juvenile Accountability and Incentive Block Grant Guidance Manual, which can be downloaded from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) home page.

TECHNICAL ASSISTANCE IS AVAILABLE BY PHONE AND E-MAIL

To improve juvenile justice in your jurisdiction, you may want to consider accessing APRI's database of programs to learn about successful programs that other jurisdictions have developed. Call Elena Tompkins at 703-519-1673 or e-mail juvenilejustice@ndaa-apri.org with your specific request. Also, let us know if there is a topic or program you would like us to spotlight in an upcoming newsletter.

Resources

American Prosecutors Research Institute - (703) 549-4253 Publications for order include:

• Drug Courts: Ideas and Information, 1995. $10.00
• Diversion to Treatment: A Guide for Prosecutors, 1995. $12.99
• Prosecutors Guide to Alcohol and Drug Treatment, 1995. $5.00
• Beyond Convictions: Prosecutors as Community Leaders in the War Against Drugs, 1993. $6.00

APRI thanks Jay Plotkin of the State Attorney Office of Harry L. Shorstein, Duval County, Jacksonville, FL for providing the information upon which this article is based.

Drug Courts Program Office - (202) 616-5001; www.ojp.usdoj.gov/dcpo

OJJDP/CRA National Training and Technical Assistance Center - (800) 830-4031

DOJ Response Center - (800) 421-6770

Office of Juvenile Justice and Delinquency Prevention - (800) 638-8736; www.ncjrs.org/ojjhome.htm

National Criminal Justice Reference Service - (800) 851-3420; http://www.ncjrs.org/

The Juvenile Drug Court Movement, OJJDP Fact Sheet, March 1997. FS9759.

Defining Drug Courts, The Key Components, DCPO monograph January 1997.

NCJ 165478.

The Drug Court Movement, NIJ update, July 1995. FS93.

Justice and Treatment Innovation: The Drug Court Movement, John Goldkamp, working paper of the First National Drug Court Conference. NCJ 149260.

Drug Court Clearinghouse and Technical Assistance Project at the American University (202) 885-2875; http://www.american.edu/justice

For a free copy of Juvenile Drug Courts: Preliminary Report, fax a written request to (202) 885-2885.

National Association of Drug Court Professionals - (800) 706-0565

National Council of Juvenile and Family Court Judges - (702) 783-6012; http://www.ncjfcj.unr.edu/ Free publication: Juvenile Drug Courts, Today Magazine, Winter 1997.

IN OUR NEXT ISSUE - BALANCED AND RESTORATIVE JUSTICE

Many prosecutors are incorporating elements of the balanced approach to juvenile justice in programs and case dispositions. What is balanced and restorative justice? How can it benefit your office and the public you serve? How does it affect the prosecution of juvenile offenders? How can you learn more about balanced and restorative justice?