A day in the life: Drug court in Oregon

May 2004

Judge Richard Baldwin.

It's a typically gray, rainy spring day in Oregon, and Circuit Judge Richard Baldwin's tiny courtroom is packed. This is Drug Court for Multnomah County. About two dozen people are squeezed into three rows of benches facing Baldwin's elevated seat. In between are two tables arranged in an L, where sit a deputy district attorney, a drug counselor from InAct (which contracts for rehab services to drug court clients), and two public defenders. It's 1:30 p.m., and between now and about 3 o'clock, this team has to get through about 15 cases. What is drug court? Drug courts offer non-violent drug offenders a chance to clear their record by completing a course of treatment.

The program is overseen by the judge, and involves a rigorous schedule of random urinalyses (UAs), court appearances, and group and one-on-one counseling sessions.

"The drug court model illustrates how law enforcement, treatment and prevention can come together," says Karen Wheeler, alcohol and drug policy manager for the DHS Office of Mental Health and Addiction Services. "It's a collaborative justice model where people from treatment, law enforcement and child welfare come together."

The counselors and court closely supervise each case, and mete out rewards and sanctions immediately. Participants are given many chances to bounce back from relapses, as long as they're honest about their slip-ups and remain committed to participation.

Common goals

"In drug court, the goal is to get the person into treatment and recovery," Wheeler says. "Everybody agrees on that goal; they're not pursuing their own goals, such as just fighting the case or just protecting the children or just getting the person into treatment, but working together on all of those goals."

First up today is a man who has completed his treatment and paid his assessments and is ready to graduate. Judge Baldwin and the drug counselor congratulate him.

A Hispanic man with a shaved head, using a translator, reports in with a good urinalysis (UA). He is praised by the judge for his attitude and performance, and his next appearance is set for three weeks from now.

Oregon in forefront

Multnomah County's drug court was the second of its kind in the country. Now, there are about 1,200 nationwide, including 18 adult and six juvenile drug courts in Oregon.

Corrections deputies have brought in two women and three men in overalls and shackles. Most were picked up on bench warrants, issued when they failed to report to the court on schedule. Most are told they'll be released later today, given a "sit sanction" — required to sit-in on drug court for two consecutive days and write an essay — and firmly told to report to the treatment provider the next morning.

The judge has personal words for each of them: "I hope you follow through." "I need to see some improvement in your attitude."

Relapses expected

Drug court officials recognize relapses as a normal part of addiction recovery. But they expect honesty in reporting them, and commitment to the drug court program.

"I'll point out to them that before this relapse they had five or six clean UAs or whatever the situation is," Baldwin says. "It's like a positive reinforcement, but at the same time you're drawing the line very firmly in terms of accountability."

Drug courts save money

The average annual treatment cost for a drug court participant in Oregon in the year 2000 was $2,195. To jail a drug felon for a year costs between $21,170 and $37,595. Helping pregnant drug offenders can save lives and money: Treatment of infants born drug-addicted costs between $180,000 and $250,000.

Studies of Lane County's drug courts have shown that of more than 1,300 offenders entering the program between 1994 and 1999, only two graduates had new criminal convictions within three years. And in Multnomah County, even those who failed to graduate but completed at least three months had a lower recidivism rate.

A total of 1,773 people were referred to drug courts in Oregon in 2002. That number dropped to 1,390 in 2003, due largely to a cut in addiction treatment benefits from the Oregon Health Plan.

The majority of drug court clients, en and women of all ages, list amphetamines as their primary drug. The only exception is men aged 18-24, who favor marijuana by a wide margin.

Judge interacts with participants

A man who has missed three of his last four UA appointments explains that he has transportation problems. "No money, no phone, but no excuse," he says. The judge encourages him to do better: "It's the only issue you have, you're doing really well otherwise," he says. "Just don't miss any more."

A woman with a cough and a red nose says she missed her Monday appearance because she has a new job and was sick. "But I'm not on any medication," she says, triumphantly. "It's a miracle!" Many in the courtroom chuckle. She's rescheduled from Mondays to Thursdays to better fit her work schedule.

And so it continues. One man is threatened with a forest work camp if he doesn't stop getting "dirty" UAs. Another admits relapsing and using heroin once. A handful are given two- or three-day jail sentences, suspended on condition that they miss no more sessions or UAs. Baldwin sternly admonishes another young man: "I just don't feel like you're taking this seriously at all."

Budget cuts loom

Called "stop court," this is one of two drug courts in Multnomah County. The other one, "clean court," is for people on active probation following conviction. It will probably end in September after only 18 months, due to budget cuts. The stop court faced possible elimination in 2003, until residents approved a temporary Multnomah County income tax increase.

"Our county commission is very supportive of the stop court," Baldwin says. "It's done so well for so long."

The court has about a 70 percent graduation rate. That requires 12 to 14 months of participation, at least six consecutive clean UAs, and a positive recommendation from the counselor.

"These are problem-solving courts," Baldwin says. "I think the public has a really strong interest in drug courts, in terms of saving money and rehabilitating lives and families. We really need to be moving in the direction of expanding them, and using the lessons of drug courts in other courts."

"A privilege, not an entitlement"

Two men and two women are making their first appearance for orientation. Baldwin fills them in on what's expected of them in the coming two weeks, after which they'll decide whether to commit to the full program.

"Entering this program is a privilege, not an entitlement," he says. "This is an opportunity for you to deal with this charge through treatment and to get your charge dismissed by successfully completing treatment."

Then Baldwin has a few words with those who were in court today serving their "sit sanctions," and court is over.

"A remarkable thing"

Baldwin will continue his drug court stint through the end of 2004. Judges generally sit on the drug court bench for two years at a time, so they have some continuity in the lives of the defendants.

"Just about every judge who presides over a drug court becomes a true believer," he says. "In the criminal justice system, you don't see a lot of positive results. When you see these positive results, it's a very remarkable thing."

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Learn more

You can read a report on an extensive "focus group" study of participants in drug courts nationwide, including Portland's, at the U.S. Department of Justice Web site.

— Gary Whitehouse, DHS Communication Office, (503) 945-6934; email gary.whitehouse@state.or.us

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