Federal Support for Drug Courts: In Brief (CRS Report for Congress)
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| Release Date |
Revised March 20, 2018 |
| Report Number |
R44467 |
| Report Type |
Report |
| Authors |
Lisa N. Sacco, Analyst in Illicit Drugs and Crime Policy |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The United States has gradually shifted its formal drug policy from a punishment-focused model
toward a more comprehensive approach—one that focuses on prevention, treatment, and
enforcement. The proliferation of drug courts in American criminal justice fits this more
comprehensive model. These specialized court programs are designed to divert certain defendants
and offenders away from traditional criminal justice sanctions such as incarceration while
reducing overall costs and helping these defendants and offenders with substance abuse issues.
Drug courts present an alternative to the traditional court process for some criminal defendants
and offenders—namely those who are considered nonviolent and are known to abuse drugs
and/or alcohol. While there are additional specialized goals for certain types of drug courts, the
overall goals of adult and juvenile drug courts are to reduce recidivism and substance abuse
among nonviolent offenders. Drug court programs may exist at various points in the justice
system, but they are most often employed post-arrest as an alternative to traditional criminal
justice processing.
The federal government has demonstrated growing support for the drug court model primarily
through financial support of drug court programs, research, and various drug court initiatives.
Each year, the Bureau of Justice Assistance (BJA) and Substance Abuse and Mental Health
Administration (SAMHSA) distribute grants to states and localities to support the creation and
enhancement of drug courts. In FY2016, over $100 million in federal funding was appropriated
for drug courts.
In a time of rising heroin abuse, policymakers may debate whether drug courts could be an
effective tool in efforts to address both heroin and prescription drug abuse. Policy options
include, but are not limited to, increasing federal funding for drug courts and reauthorizing (with
or without amendments) the Drug Court Discretionary Grant Program (Drug Courts Program).
Further, Congress may wish to maintain the exclusion of violent offenders from the Drug Courts
Program, or to broaden the pool of eligible offenders that may participate in BJA-funded drug
court programs to include both violent and nonviolent offenders.
