Judge: Treatment courts are more effective than incarceration for certain offenses
Several recent articles have mentioned that Oklahoma crime rates, especially property crime rates, are decreasing. This good news is due, at least in part, to the growing success of treatment courts (which consists of drug, DUI, mental health and veterans courts).
As the district judge presiding over one of the largest treatment court programs in the nation, I get to witness firsthand the remarkable transformation that occurs in hundreds of participants who graduate annually. I can tell you, people can and do change. It’s not just possible, it’s probable and predictable with the right level of treatment, support and accountability. Treatment courts have a good reputation largely due to the “feel good” stories about people overcoming a life of addiction to becoming healthy productive members of our community. However, let’s remember treatment courts are powerful public safety tools.
The average participant in drug court, for example, is a “frequent flyer” at the courthouse. This means he or she has been busy committing nonviolent crimes, usually a property offense, and has failed probation. Many participants have already been to prison once or twice but are back yet again with new charges. Typically, these are the individuals some would call “hopeless.”
Participants qualify for drug court if they have a moderate-to-severe substance use disorder and are interested in getting treatment. Our treatment courts is a rigorous 18-36 month program. It requires participants to stay sober, attend treatment, maintain stable employment and safe housing. We provide a framework and the tools for people to change their lives, moving from the chaos of addiction to the stability of recovery. Our treatment court team becomes deeply involved in the lives of each participant, forming strong relationships and providing support, encouragement and accountability. Four out of five participants who were previously considered “hopeless” graduate and get their charges dismissed! I’m very proud of our team and community partners; our Oklahoma County Treatment Court graduation rate is about 20% higher than the national average.
The relationship between drug use and crime has been studied extensively. A Bureau of Justice report found that 72% of people in jail and 68% of people in prison for a property offense met the criteria for drug dependence or abuse, more than for any other crime. Overall, 21% of sentenced people in state prisons and local jails attributed their most serious offense to trying to obtain drugs.
These statistics are congruent with my own experience. I spent the first five years after law school as an assistant district attorney in Oklahoma County. It didn’t matter if the charge was stolen vehicles, stolen property, burglary, forgery or embezzlement. In the vast majority, substance use or addiction was driving the behavior. As Oklahoma looks to modernize our criminal justice system, we have to understand we will not move the needle on lowering incarceration rates unless we can move the needle on addiction and mental health.
While Oklahoma’s property crime rates are falling, our overall crime rates remain higher than the national average. I don’t believe we have more criminals in Oklahoma than the national average, but I do know for a fact we have higher instances of substance use disorders and mental illness. The most recent Substance Abuse and Mental Health Services Administration (SAMHSA) National Substance Use and Mental Health Services Survey shows Oklahoma was among the states with the highest rates in several key measures. Our state has a lot of work to do.
The stakes are tremendous. Treatment courts are far more efficient and effective than incarceration for certain types of offenses. However, beyond mere efficiencies, we have a moral and ethical obligation to create the framework in which people can be successful. It is vital that we take a data-driven, evidence-based and more compassionate approach to combat addiction.
While studies on the war on drugs and its punitive measures taken to address drug-related crime have shown no tangible impact on crime rates, the same can’t be said about treatment. I’ve recently reviewed a meta-analysis (a study of multiple studies) showing that a well-functioning treatment court in a community lowers the crime rate by 10 to 15%, in some instances as much as an astounding 35-40%! In terms of cost-effectiveness, saving $3 for every dollar spent on treatment. Anyone reading this, getting a 300% annual return on their IRA? It’s time to double down on what’s working.
Findings like these not only justify drug courts and specialized treatment facilities, but signal that to make an impact we need more investment to expand successful programs. Soon, money from State Question 781 will be allocated by the Oklahoma Department of Mental Health and Substance Abuse Services. These are funds that the state has saved by implementing State Question 780, which reclassified low-level drug crimes as misdemeanor offenses instead of felonies, which could result in a person serving time in detention. Funds saved by not incarcerating low-level, nonviolent offenders are intended to support more robust treatment options. Many counties have long awaited the allocation of funds to increase treatment options.
While treatment courts work to improve access to treatment after someone has committed a crime, I’m hopeful that our state will continue to look at ways to increase investment in upstream programs that address addiction and mental health before they get involved in our criminal justice system. It’s not rocket science to understand that healthy citizens are the foundation of a healthy community.
Hon. Kenneth M. Stoner is a district judge in Oklahoma County who presides over the Oklahoma County Treatment Courts.
This article originally appeared on Oklahoman: Drug treatment courts working, as shown in decline of property crimes
