Collaborative Courts

San Joaquin County Superior Court’s Collaborative Courts are a comprehensive set of programs that use evidence-based practices as an alternative to traditional criminal case adjudication for high-risk individuals struggling with substance use disorders. Drug Court serves felony and misdemeanor offenders identified as high risk using a validated risk assessment tool. Drug Court is a post-adjudication model in which participants enter Drug Court after entering a guilty plea. The 12-month program includes close judicial, parole, and probation supervision combined with drug treatment counseling, educational and vocational opportunities, frequent random drug and alcohol testing, and the use of appropriate incentives and sanctions.

With “Three Strikes” statutes and long-term incarceration for serious offenders increasing, drug court programs can help preserve limited jail and prison space for individuals who pose a greater risk to public safety.

San Joaquin County Superior Court Collaborative Courts operate using federal, state, and county grants. Depending on the program, a participant may pay a minimal weekly fee or may be responsible for the full cost of treatment and/or monitoring.

Drug courts rely on sanctions, including terms of incarceration and increased supervision, to respond to program violations and failure. Drug courts provide structured supervision and monitoring and require more frequent court contact than many other case management approaches.

Programs also require participation in drug testing, education, and rehabilitation (and sometimes additional custody time) beyond what might be required in other settings. Drug courts are demanding, and maintaining sobriety requires sustained effort and accountability.

Substance use disorders are often associated with repeated justice-system involvement. Drug court programs are designed to break cycles of addiction and criminal behavior by combining supervision and treatment. Without treatment access, individuals may cycle through arrests and case processing without addressing underlying substance use needs, which can be costly and associated with higher rates of repeat offending.

Drug courts are among the most researched court programs. Many studies report reductions in drug use and reoffending and find that drug courts can be cost-beneficial when implemented using best practices.

A sample of evaluations can be found from the National Institute of Justice and the Government Accountability Office.

Drug court training for judges and team members is offered throughout the year by organizations including:

• National Association of Drug Court Professionals (NADCP)
• California Association of Collaborative Courts (CACC)
• Behavioral Health and Human Services Agency
• Office of Justice Programs, U.S. Department of Justice
• National Judicial College
• National Drug Court Institute (NDCI)
• Bureau of Justice Assistance (BJA)

A variety of treatment providers are used for residential and outpatient services. Treatment programs provide drug and alcohol intervention services designed to offer treatment access and a cost-effective alternative to traditional criminal case processing. Eligibility criteria are developed cooperatively by the Court, the Public Defender’s Office, the District Attorney’s Office, San Joaquin County Behavioral Health Services, and the Probation Department.

Adjustments to treatment are based on level of need and are not used as a form of punishment.

The drug court team may include representatives from:

• Superior Court (judicial officer and staff)
• District Attorney
• Public Defender
• Probation
• Sheriff
• Treatment providers
• State and local law enforcement agencies

Participants are assessed and referred to appropriate treatment and support services.

Treatment services may include:

• Case management
• Group therapy
• Individual therapy
• Residential treatment placement
• Medication-assisted treatment

Additional supports may include health services, job training, education, cognitive behavioral interventions, and other services as needed.

Clients are responsible for participating in treatment. Regular status hearings are held with the judge and the drug court team to review progress and provide support and accountability.

Program goals include breaking the cycle of addiction, maintaining or gaining employment, furthering education, and building long-term stability.

Substance use disorder is often treated as a chronic condition. Programs may include group counseling, education, individual counseling, and community-based recovery supports. Participation in outside support groups such as AA/NA may be encouraged.

Some funding sources restrict participation by individuals charged with violent offenses or who have prior violent-crime convictions, with limited exceptions.

Participants must appear in drug court on a regular basis. Hearings are commonly organized into phases, which may include:

• Phase 1: Acute stabilization
• Phase 2: Clinical stabilization
• Phase 3: Pro-social stabilization
• Phase 4: Adaptive habitation
• Phase 5: Continuing care

Status hearings are frequent in early phases and may be weekly depending on individual progress. Court appearance frequency may change as a participant progresses.

A report of each participant’s progress is prepared for the judge before hearings. Cases are typically called one at a time. The judge makes orders after considering input from the team.

Drug courts use incentives to recognize progress. Sanctions may be used when program conditions are not met. Failure to appear can result in sanctions or a bench warrant. Termination from drug court is the final sanction.

Drug courts may produce cost savings by reducing incarceration costs, repeat arrests, court processing, and victimization. Reported savings vary by program design and evaluation method.

Graduation recognizes a participant’s completion of drug court requirements. Post-graduation activities may include aftercare planning and mentoring opportunities.

Collaborative courts are an example of coordination between criminal justice agencies to provide structured supervision and treatment-focused case handling with the goal of improving outcomes and using public resources efficiently.