How do Drug Courts Work?
Qualified participants enter a guilty plea for their charges. This plea, called a “plea in abeyance”, is put on hold while the offender is enrolled in drug court. Upon completion of the program, the guilty plea is withdrawn and the charges are dismissed. If however, the offender does not complete his/her treatment, they will face sentencing and imprisonment. Drug courts seek to combat drug addiction through several means including: • Specific and clearly stated rules and expectations of performance. For example, if an offender misses three court appearances, they are automatically expelled from the program and the case is processed in the traditional manner. • Close supervision from the court and treatment providers. This surveillance includes frequent urine testing as well as scheduled appearances in court. This level of supervision is much higher than that of traditional treatments. • Consequences for noncompliance. Offenders who fail to complete necessary requirements will face sanc
The essential strategy is to use the sentencing process as an opportunity to manage change in the offender, with justice and health professionals working with the offender as a team. The Drug Court Team works collaboratively, with the Office of the Director of Public Prosecutions, Legal Aid, Health and Probation & Parole working with the Judge to manage individual program plans. Offenders are referred to the Drug Court from the District Court and the Local Court on entering a plea of guilty, or indicating a plea of guilty. They then spend a minimum of two weeks in custody to detoxify from illicit drugs, and for their individual treatment plan to be prepared. Once the treatment plan is prepared, the offender returns to the Drug Court to receive an initial sentence for the charges that have been referred to the Drug Court, and that initial sentence is suspended on entering into their Treatment and Case Plan. Unfortunately the program is limited to Western and South Western Sydney, provid
Potential drug court participants come under the court’s supervision very soon after arrest. Upon acceptance to the drug court, participants begin an individually structured treatment program lasting generally from twelve (12) to thirty-six (36) months. Participants are required to attend treatment sessions, undergo random drug testing, meet regularly with probation officers and/or case managers, and appear frequently before the drug court judge.
