An Alternative to the Punishment of Criminal Court for Non Violent Drug Offenders

A Drug Court is a special division of the local court given responsibility to handle cases involving substance-abusing offenders through comprehensive supervision, drug testing, treatment services and immediate sanctions and incentives. 

Alameda County Drug Court was created in 1991; it was the first Drug Court in California and the second in the nation following Dade County, Florida.

Drug Court offers individuals facing criminal charges for drug use and possession an opportunity to enter a substance abuse recovery program in place

of straight jail time.   It is a program that attempts to focus offenders into rehabilitation rather than into a punishment regime.

The requirements of Drug Court vary from court to court.  Once in the program, a candidate is usually drug tested frequently, must attend substance abuse recovery meetings and make regular court appearances in order to abide by the requirements of Drug Court Judge or Commissioner.  

In some California Courts, the procedure for entering drug court is by entering a "conditional" plea of "guilty" to a Drug Court eligible offense, and then instead of sentencing the offender to jail, the court agrees to begin a monitoring program that avoids jail time if completed. 

Common offenses that are eligible for Drug Court, or a similar program called Diversion are misdemeanor possession of a controlled substance (In CA Health & Safety Code sec 11350), or under the influence of a controlled substance (In CA Health & Safety Code 11550),

 A candidate who gets through all parameters imposed by the Drug Court graduates with their sobriety usually resulting in the dismissal, reduction (or set aside) of their offense.

Judges may place specific orders on offenders such as "Do Not Use Alcohol" and those orders can be monitored by testing and reporting.

Drug Court programs bring the full weight of all interveners (judges, prosecutors, defense counsel, substance abuse treatment specialists, probation officers, law enforcement and correctional officers, education and vocational experts, community leaders and others) into the fold, forcing the offender to deal with his or her substance abuse problem from every possible angle. 

Drug Courts provide one of the most viable options for addressing the substance-abusing offender today.  Whether the person enters the judicial system because of a criminal offense, delinquent behavior, or they neglect or abuse their children, they can benefit from the enhanced supervision provided in the drug court system. 

Because the Drug Court procedures and eligibility can vary from courthouse to courthouse, check with the court directly for details.