A vital responsibility of law enforcement is to enforce the drug laws through diligent, often dangerous, investigation of those who break these laws. Many of those involved in illegal drugs, especially those who commit violent crimes in the course of their criminal activity, need to be incarcerated in order to protect the safety of the community.
During their investigations, officers often become aware of individuals who have only just started down the path of drug addiction. The two default modes of addressing these people’s crimes—incarceration or minimally-supervised probation—can be ineffective in stopping the person’s continuation down this destructive path. Officers can become frustrated and dismayed at finding the same person back to buying and using illegal drugs within days of release, knowing that as the person loses employment, family, and housing, the person will likely soon begin committing additional crimes to support his or her habit or addiction. Officers have a front-row seat to watching these members of their communities spiral down to destruction and death.
Treatment courts were developed as a more effective way to address this type of criminal behavior and to rehabilitate these individuals. Since the first drug court was started in Missouri, there have been more than 26,000 treatment court graduates. A study of two types of treatment courts showed that the recidivism rate for program graduates was only 6 percent and 11 percent three years after exiting the program. Of the 1,234 babies born to female treatment court participants, more than 90 percent of them were born drug-free.
Missouri statutes define five specialized types of treatment courts, each with its own purpose and governing laws: adult treatment court, juvenile treatment court, family treatment court, DWI court, and veterans treatment court. Prosecution diversion programs, while serving many of the same purposes as treatment courts, are created by a separate statute and have their own rules, including limitations on the types of offenders who may participate in the program.
Law enforcement officers are critical in helping prosecutors identify individuals who are good candidates for these programs; and they are often called to assist with these programs, for example, by running the offender’s criminal history, contacting victims, obtaining proper admissions of guilt, making home visits and other checks on the offender, and consulting with the prosecutor on the offender’s progress. Finally, although the recidivism rate is low, law enforcement officers who might have a case transferred to treatment court should take precautions to protect the ability of law enforcement and the prosecuting attorney to pursue the charges should the case return to criminal court.
Saving an individual from the drug culture and associated criminal activity can be one of the most gratifying aspects of police work. Each time law enforcement officers, prosecutors, judges, and the entire treatment court team successfully brings one of these individuals through the program, it is a victory for law enforcement and the community.
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