DRUG COURTS & OTHER THERAPEUTIC COURTS
Under the Therapeutic Courts Statute (RCW 2.30), the Washington State Legislature defines and authorizes drug courts and other therapeutic courts.
The Criminal Justice Treatment Account (CJTA) created under RCW 71.24.580 established in 2002 provides funding for treatment and support services for individuals with a substance use disorder against whom charges are filed by a prosecuting attorney, within a drug court program, and for administrative and overhead costs to operate a drug court. Learn more: Origins of the CJTA and State Drug Court Funding.
State Funding for Therapeutic Courts in Courts of Limited Jurisdiction (District & Municipal Courts) is administrated through Washington State Administrative Office of the Courts (AOC).
Federal Funding: Federal Notices of Funding Opportunities (NOFOs), BJA Grant Funding for Treatment Courts (U.S. Department of Justice – Office of Justice Programs – Bureau of Justice Assistance)
Adult Treatment Court Best Practice Standards (All Rise) provides evidence-based guidance on 1) target population 2) equity and inclusion 3) roles and responsibilities of the judge 4) incentives, sanctions and service adjustments 5) substance use, mental health, and trauma treatment and recovery management 6) complementary services and recovery capital 7) drug and alcohol testing 8) multidisciplinary team 9) census and caseload 10) program monitoring, evaluation, and improvement.
Downloadable PDFs – Best Practice Standards:
- Best Practice Standards – 2nd edition (2024)
- Best Practice Standard VII – Drug and Alcohol Testing (2018)
- Best Practice Standard IX – Census and Caseloads (2018)
10 Key Components of Drug Courts are summarized by Partners for Progress. More detailed information can be found through Defining Drug Courts: Key Components. Download PDF here.
All Rise Resource Page: training, publications, sample documents, case law, media and messaging, funding, podcasts, and webinars on demand for all types of therapeutic courts.
All Rise Treatment Court Institute provides training and technical assistance for treatment courts including: best practices, equity and inclusion, incentives, sanctions and therapeutic adjustments, medication for addiction treatment, assessments, multi-track treatment courts, and role specific trainings for practitioners and providers.
Risk Needs and Responsivity: Targeting the Right Participants, Alternative Tracks: Matching Your Program to the Needs of Your Clients, Selecting and Using Risk and Needs Assessments, How to Manage Clients by Risk and Need (NDCI video), Risk Need Responsivity in Community Courts, Demystifying Risk Assessments, Risk and Needs Tools for DWI.
Behavior Modification 101: Incentives and Sanctions.
Drug Testing: Urinalysis Testing in Therapeutic Courts – WSADCP and Washington State Therapeutic Court Alumni Association (WSTCAA) Presentation, Drug and Alcohol Testing – Best Practice Standard 7, FAQ: Drug Testing (All Rise)
Equity & Inclusion Resources: to assist therapeutic court professionals in their efforts to ensure that all individuals have equitable access and outcomes in therapeutic courts and receive effective, responsive services.
Medications for Opioid Use Disorder (MOUD): Informational Brochure (UW ADAI), Provider’s Guide to Talking About MOUD, Washington State MOUD Locator Tool, MOUD for Youth Factsheet, Medication-Assisted Treatment and Common Misconceptions (SAMSHA video), Best Practices in the Justice System for Addressing the Opioid Epidemic.
Motivational Interviewing: MI Toolkit & MI Bench Cards.
Recovery Capital: Building Recovery-Oriented Systems of Care for Drug Court Participants, What Is Recovery Capital? (BJA video), Recovery Capital Worksheets, Recovery Outcomes Institute, Revisiting Phases Through the Recovery Capital Lens, Sustaining Long-Term Recovery as Part of Justice Reform, Adolescent Recovery-Oriented Systems of Care, Recovery Capital: Its Role in Sustaining Recovery.
Constitutional and Legal Issues in Adult Drug Courts: Practitioner’s Guide includes info on 1) eligibility and legal implications of exclusions 2) admissions process including plea agreements, waivers of rights, and participant contracts 3) common requirements drug courts impose including community service, geographic restrictions, employment requirements 4) reviews unique operational features such as drug testing, cross-agency info sharing, staffing meetings, and intermediate sanctions in response to participant noncompliance 5) termination hearings and sentencing 6) addresses special rules for pre-plea drug courts.
Performance Measurement of Drug Courts
Team Roles and Responsibilities:
Problem-Solving Court Team: Roles, Responsibilities and Accountability. The National Center for State Courts identifies and outlines roles and responsibilities, discusses common team challenges, and explains team development.
JUDGES: Role of the Judge, Drug Court Judicial Benchbook, Judicial Bench Card, All Rise Best Practice Standard III: Roles and Responsibilities of the Judge, Practitioner’s Guide to Constitutional and Legal Issues in Adult Drug Courts, Essential Components of Trauma-Informed Judicial Practice (NTCRC), Ethical Considerations for Judges and Attorneys in Drug Court, Ethical Issues in Family Drug Treatment Court (NCJFCJ), Case Law – All Rise Webliography.
PROSECUTORS: The Role of the Prosecutor in Drug Courts, The Role of Prosecutors in Drug Treatment Courts, Practitioner’s Guide to Constitutional and Legal Issues in Adult Drug Courts, Drug Court Judicial Benchbook (helpful for attorneys too), Case Law – All Rise webliography.
DEFENSE ATTORNEYS: The Role of Defense Counsel on the Drug Court Team, The Role of Defense Counsel in Drug Courts, Critical Issues for Defense Attorneys in Drug Courts, Reference Guide for Treatment Court Defense Attorneys, Practitioner’s Guide to Constitutional and Legal Issues in Adult Drug Courts, The Role of Defense Attorneys in Juvenile Drug Treatment Courts, Drug Court Judicial Benchbook (helpful for attorney’s too), Case Law – All Rise webliography.
COURT COORDINATORS: The Treatment Court Coordinator, Roles & Responsibilities: Program Coordinator (NTCRC Podcast), Media Guide for Treatment Courts, Managing the Message During a Crisis, National Treatment Court Month Toolkit and Resources, All Rise Sample Documents, How to Start a Treatment Court Alumni Program.
CASE MANAGERS: Drug Court Case Management: Role, Function and Utility
PROBATION OFFICERS / COMMUNITY SUPERVISION OFFICERS: Role of Probation, Fact Sheet: Probation Practices, Community Supervision Within the Treatment Court Model
LAW ENFORCEMENT: The Role of Law Enforcement in Treatment Courts, Emerging Best Practices in Law Enforcement Deflection and Community Supervision Programs.
PEERS: Incorporating Peer Recovery Support into Treatment Courts (All Rise), Sharing Your Story with Dignity and Purpose, Peer Support Roles in Criminal Justice Settings, Value of Peers (SAMSHA), Peer Support Roles in Criminal Justice Settings, Peer Support Resources (Copeland Center), Integrating Peer Supports in Treatment and Recovery Courts: Webinar & Presentation Slides, Peer Recovery Specialists Provide Benefits to Drug Court Despite Role Challenges (p. 23-51), Roles & Responsibilities: Alumni and Peer Recovery Support Specialists (NTCRC Podcast), Washington State Peer Specialists (Health Care Authority),
ALUMNI: How to Start a Treatment Court Alumni Program, Sharing Your Story With Purpose and Dignity, National Treatment Court Alumni Association (NTCAA), Washington State Therapeutic Court Alumni Association (WSTCAA).
TREATMENT PROVIDERS: Using Motivational Interviewing in SUD Treatment
COMMUNITY COURTS
What is a Community Court: How the Model is Being Adapted Across the United States
Principles of Problem-Solving Justice (Center for Court Innovation).
Community Justice Today: Values, Guiding Principles, and Models Discusses the Guiding Principles of Community Justice: 1) Co-Create Justice 2) Advance Equity 3) Put People First 4) Prioritize Community-Based Solutions 5) Promote Accountability 6) Model Innovation
Evidence-Based Strategies for Working with Offenders
Risk-Need-Responsivity: Response Recommendations for Community Courts
Building the Research Base: An Evaluation Blueprint for Community Courts. Outlines strategies and performance measures related to 7 key principles 1) Individualized Justice 2) Community Engagement 3) Alternative Outcomes 4) Client Accountability 5) System Accountability 6) Enhanced Information 7) Collaboration.
Lessons from Community Courts: Strategies on Criminal Justice Reform from a Defense Attorney.
Defining the Problem: Using Data to Plan a Community Justice Project.
How Community Advisory Boards Can Assist the Work of the Justice System.
Widening the Circle – Can Peacemaking Work in Non-Tribal Communities?
A Tale of Three Cities: Drugs, Courts and Community Justice.
Renewing Justice: When the Library Becomes a Community Court (podcast)
Community Courts Initiative – links to various publications (Bureau of Justice Assistance)
FAMILY TREATMENT COURTS / COLLABORATIVE COURTS
(including Safe Babies Courts, Early Childhood Courts, Indian Child Welfare Act Courts)
Family Treatment Court Best Practice Standards (Center for Children and Family Futures & NADCP/All Rise). Standards: 1) Organization and Structure 2) Role of the Judge 3) Ensuring Equity and Inclusion 4) Early Identification, Screening, and Assessment 4) Timely, High-Quality, and Appropriate Substance Use Disorder Treatment 5) Comprehensive Case Management, Services, and Supports for Families 6) Comprehensive Case Management, Services, and Supports for Families 7) Therapeutic Responses to Behavior 8) Monitoring and Evaluation.
Washington Court Improvement Program (CIP) – Family & Youth Justice Programs
What Are Family Treatment Courts and How Do They Improve Outcomes for Children and Families? (Casey Family Programs)
Transitioning to a Family-Centered Approach: Best Practices and Lessons Learned from Three Adult Drug Courts. Download Report and Presentation Slides
Family Treatment Court Best Practices & Tip Guide – Identifying Quality SUD Treatment
Plans of Safe Care: An Issue Brief for Judicial Officers
Key Planning Decisions to Successfully Launch Family Drug Court (Webinar)
Family Drug Courts Serving Pregnant Women with Opioid Use Disorders and their Infants (Webinar)
Family Treatment Court Program (OJJDP)
Native Child Advocacy Resource Services
IMPAIRED DRIVING (DUI / DWI) COURTS
10 Guiding Principles for DWI Courts (National Center for DWI Courts)
Impaired Driving Solutions (All Rise)
DWI Court Compliance Checklist
Ignition Interlock Device Guidelines for DWI Courts
The Promise of DWI Courts: What Does it Mean and Why Should Prosecutors Care?
Introductory Handbook for DWI Court Program Evaluations
State of the Field: DUI/DWI Courts (NTCRC podcast)
JUVENILE TREATMENT COURTS
Juvenile Drug Treatment Court Guidelines (OJJDP).
Juvenile Drug Treatment Courts (OJJDP)
National Center for Juvenile Justice (NCJFCJ)
Youth Healing to Wellness Court Programs (OJJDP)
Fact Sheet: Drug Testing and Wellness Considerations in Juvenile Treatment Courts
Motivational Interviewing Skills in Action for Juvenile Drug Treatment Court Teams
MENTAL HEALTH COURTS
Improving Responses to People with Mental Illness: The Essential Elements of a Mental Health Court. This report by the Council of State Governments Justice Center for the Bureau of Justice Assistance describes the 10 essential elements of a mental health court: 1) Planning & Administration 2) Target Population 3) Timely Participant Identification & Linkage to Services 4) Terms of Participation 5) Informed Choice 6) Treatment Supports and Services 7) Confidentiality 8) Court Team 9) Monitoring Adherence to Court Requirements 10) Sustainability.
A Guide to Mental Health Court Design and Implementation by Council of State Governments (CSG) Justice Center provides a roadmap for those interested in establishing a mental health court in their jurisdiction. Based largely on the experiences of existing mental health courts, the guide is organized according to three basic steps that should be followed by any community considering the establishment of a mental health court, which are: understanding the mental health concept; determining whether a mental health court is appropriate; and considering elements of mental health court design and implementation.
Mental Health Court Performance Measures (MHCPM) offered by the National Center for State Courts is a set of 14 performance measures that offers court managers and administrators a tool to monitor the performance of mental health courts. These measures were designed by the NCSC with guidance from national experts and field tested by four courts across the country. The measures are designated to be used as a management tool, to monitor program performance, and to demonstrate accountability to funding agencies, court leaders, external partners, and the public. Brochure, Implementation and User Guide, Data Tracking Template
Justice and Mental Health Collaboration Program (BJA)
TRIBAL HEALING TO WELLNESS COURTS
Ten Components – Tribal Healing to Wellness Courts (Tribal Law and Policy Institute)
Tools and Resources for Tribal Healing to Wellness Courts
Walking on Common Ground: Resources for Promoting & Facilitating Tribal-State-Federal Collaborations
Youth Healing to Wellness Court Programs (OJJDP)
Tribal Law and Policy Institute
State of the Field: Tribal Healing to Wellness Courts Part 1 & 2 (NTCRC podcast)
VETERANS COURTS
Ten Key Components of Veterans Treatment Courts
Justice for Vets has free foundational training available for Veterans Treatment Courts that are pre or post implementation, in need of a refresh, or never formally trained and facing challenges. They also have a useful resource library with best practice information, key components, sample documents, and target population guidance.
Veterans Treatment Court Roles & Responsibilities (webinar)
When Thank You Is Not Enough (A Justice for Vets Podcast)
Effectively Engaging Participant Families and Primary Support Networks in Veterans Treatment Courts (webinar)
More Than Just PTSD: Survivor Guilt, Traumatic Grief, and Moral Injury (webinar)
Supporting Individuals with Acquired Brain Injury: A Treatment Court Toolkit
Brain Injury and the Importance in the Context of Treatment Courts – Part 1 and Part 2. (National Association of State Head Injury Administrators)
Veterans Treatment Court Program (BJA)
Motivational Interviewing Toolkit for Veterans Treatment Courts