Drug court

[last updated 18 July, 2011 ]

What is a drug court?

The Drug Court is an initiative of the Government of South Australia implemented by the Courts Administration Authority in collaboration with the:

Department for Correctional Services which provides 24 hour home detention monitoring and reporting to the court
The Legal Services Commission which provides designated defence counsel for defendants appearing in the Drug Court
The Office of the Director of Public Prosecutions which provides designated prosecutors for the Drug Court
Drug and Alcohol Services SA, which provides a specialist treatment, team for Drug Court participants.

Drug courts combine intensive judicial supervision, mandatory drug testing, escalating sanctions, and treatment and support services to help drug-abuse offenders break the cycle of drug abuse and crime.

The drug court concept was introduced in the United States of America in the late 1980s in response to a burgeoning illicit drug problem that was resistant to traditional criminal justice system interventions.

Research shows that drug courts reduce recidivism related to drug abuse.

There are numerous drug court models in operation and South Australia has adapted the most suitable aspects of other models and designed a unique drug court model that best suits the needs of our community, legal system and service providers.

As a result, the drug court created an environment with clearly defined rules that encourage drug-abusing offenders to accept responsibility for their own rehabilitation.

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Who is eligible?

To be eligible for participation a person must fulfil ALL of the following criteria: -

Have committed an offence whilst an adult (18 years of age or above at the date of commission of the offences)
Live in the boundaries of the Adelaide Metropolitan Area at a residence that is suitable for electronically monitored home detention bail. The geographical regional boundaries extend as far north as Gawler City Centre, as far South as Noarlunga City Centre and as far east as the foothills
Be charged with an offence that is related to their drug use (but not necessarily a drug offence), for which they are likely to be imprisoned.
Have either

A current dependency on illicit drugs or

A previous dependency, which is not current due to an involuntary or forced abstinence; and have a high probability of returning to drug use.

Indicate a willingness to participate in the Drug Court Program and comply with the case management plan developed for them
Plead guilty to both the most serious offence and the majority of offences with which they have been charged
Persons are not eligible if:-

They are charged with a major indictable offence, or

They are charged with an offence of violence or have a history of violent offences.

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How does it work?

The Drug Court operates in the Adelaide Magistrates Court. Police, Magistrates from the metropolitan area, legal representatives, prosecution counsel or defendants themselves, can make referrals to the program.

The criminal justice system has the unique ability to influence a person shortly after arrest, and in their subsequent contact with the legal system, and therefore persuade or compel that person to enter and remain in treatment.

Research indicates that a person who is required to enter treatment by the criminal justice system is likely to do as well as one who volunteers for treatment.

Offenders accepted into the program have a case management plan individually designed to meet their requirements.

The Drug Court program has a Coordinator and a clinical team comprising four Program Supervisors and an operation assistant and an administrative assistant. The clinical team has extensive experience in dealing with drug-abuse and its related problems.

In the initial stages of involvement all participants are required to be on electronically monitored home detention bail.

Mandatory participation in treatment, regular drug testing through urinalysis and strict home detention restrictions are typical bail conditions while on the program. Breaches of bail conditions, further use of drugs or re-offending may lead to sanctions and ultimately termination from the program and sentencing.

Completion of the program, which typically lasts for up to twelve months, is taken into consideration at the time the offender is sentenced and it is not uncommon for a defendant who has successfully refrained from drug use and offending to receive a suspended prison sentence.

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What does the program entail?

Withdrawal management - including in-patient detoxification if necessary;
Pharmacological treatment if necessary - for example methadone;
Relapse prevention - for example counselling, group therapy;
Group therapy and individual counselling to develop pro-social thoughts and behaviours
Prevention of further offending behaviour through restricted bail;
Referral and assistance to manage physical and mental health issues;
Referral to access education or vocational training;
Provision of accommodation from up to 15 months and referral to access long term housing;
Assistance to restore family relationships;
Referral to obtain income support and manage financial issues;
Support to find or maintain employment;
Practical assistance on leaving detention with basic personal items and food items until income support is arranged.

Funding is set aside to purchase services where none exist.

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Will the court cater for Aboriginal people?

Special recognition has been given to the increasing use of illicit drugs by Aboriginal people and the over representation of Aboriginal people in the criminal justice system and comparatively high rates of incarceration. A funded service agreement with the Aboriginal Sobriety Group Inc. provides a designated Community Support Worker for Aboriginal participants in the Drug Court and access to culturally appropriate rehabilitation activities and a designated Drug Court Program Supervisor works closely with the ASG Community Support Worker to provide a culturally sensitive and responsive service for Aboriginal participants.

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Is the Drug Court a ‘soft option’?

Drug abusing offenders often move through the criminal justice system in a predictable pattern of arrest, prosecution, sentence, incarceration, release. The court process can typically take up to six months during which time the person most likely continues to abuse drugs and commit crime. A person’s drug-abuse problems may go unidentified in the Correctional system and within days of release, the person is likely to again abuse drugs, re-offend and repeat the process.

The Drug Court has been designed for offenders likely to be facing a prison sentence of at least one year and who are substance dependent on illicit drugs. The program is intensive and highly supervised via

Fortnightly court appearances;
Frequent and random drug testing;
Electronic monitored home detention bail requirements and later in the program, a night curfew;
Strictly monitored attendance at treatment sessions and other community based activities
Remand in custody if necessary.

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Victims and the Drug Court

The Office of the Director of Public Prosecutions will prosecute cases in the Drug Court and the Prosecutor will ensure that victims’ rights are met. These rights, which are consistent with the rights afforded to all victims, include the right to be informed of conditions of bail, the right to inform the court of the impact of the crime and the right to be advised of the final sentence.

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Further information

More information about the Drug Court can be obtained from:

Drug Court
Adelaide Magistrates Court
PO Box 6115, Halifax Street Post Office
ADELAIDE SA 5000
Phone: 8204 8631
Fax: 8204 8620
Email: drugcourt@courts.sa.gov.au

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