You be the judge. . .

Seven prior misdemeanor convictions – three petty thefts, two drunk driving, a disorderly conduct, and an assault. A brief stint in an alcoholism treatment program. A new felony charge for Driving Under the Influence. A mandatory minimum of 120 days of incarceration while awaiting trial. A history of truancy in treatment programs. What next? Previous jail time failed to protect the public, apart from the defendant’s brief period of incarceration. Previous treatment programs failed to rehabilitate the defendant who refused attend.

In response to these difficult questions looming in the minds of hundreds of judges concerning thousands of defendants, new approaches emerged for chronic offenders whose criminal activities appeared to be fueled primarily by alcohol and drug use. The therapeutic court is an alternative justice model that presents an offender with the option to participate in a closely monitored treatment program in lieu of jail time. The terms therapeutic court, wellness court, and problem-solving courts are now often used interchangeably.

Participants are given a mandatory schedule of treatment, work search, sobriety monitoring, peer support, and community service. Most importantly, the participant appears weekly before the judge to discuss progress and failures; this personal interaction with a supportive yet strict judge is an essential, distinguishing element of these courts.

According to the National Association of Drug Court Professionals, “Treatment courts are the single most successful intervention in our nation’s history for leading people living with substance use and mental health disorders out of the justice system and into lives of recovery and stability. Instead of viewing addiction as a moral failing, they view it as a disease. Instead of punishment, they offer treatment. Instead of indifference, they show compassion.”