Alternative Courts
Missouri courts are seeking ways to address problems that contribute to criminal activity. These problem-solving programs began with drug courts in response to Missouri’s increasing statewide substance abuse. Problem-solving courts work to reduce incarceration time and recidivism, the repeated relapse into criminal behavior of individuals.
Missouri Drug Courts
Drug courts are a treatment-based alternative to incarceration or other punishments:
- prison
- youth services facilities
- detention centers
- jails
- standard probation models
The criminal justice system works cooperatively with treatment and other systems to provide an offender with all the possible tools necessary to get into recovery, stay in recovery, and lead a productive, crime-free life
The drug court system takes action to help a person change his/her life in order to stop criminal activity instead of focusing only on punishment for the offense.
Drug courts can be used for a variety of case types and molded to fit the acceptability and needs of each community. Drug court programs exist in metropolitan and rural areas of the state.
Most drug courts are pre-plea courts, but some are post-plea and others are used as a method of alternative sentencing.
The pre-plea diversion program means charges are deferred while the person is actively participating in the drug court program, and that at this point, the participant has not pled guilty to any charges. This program is usually reserved for offenders who are:
- non-violent
- first time
- low risk offenders
Post-plea drug courts are less common, but are being used more for serious offenders when the prosecutor wants to ensure a guilty plea in order to avoid a trial.
Re-Entry Courts
Offenders incarcerated in state prisons generally are outside of the jurisdiction of the drug court. However, drug courts are becoming an increasingly important structure through which drug-involved offenders can exit a state correctional system.
A re-entry drug court is a court that manages the return to the community of individuals being released from prison. Re-entry drug courts use the authority of the court to:
- apply graduated sanctions
- provide positive reinforcement
- to marshal resources that:
- support the prisoner's reintegration
- promote positive behavior by the returning prisoner
Missouri currently has 25 re-entry drug courts with more in the planning stages.
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DWI Drug Courts
When an individual is arrested for a third or subsequent DWI offense, the prosecutor's office screens the criminal record of the individual and refers him/her to the treatment provider for an assessment.
Once the assessment is completed, the prosecutor, defense attorney, probation and parole, and court review the assessment of the individual. The person appears in court and is offered drug court as an option.
If the person agrees to drug court, he/she plea guilty to the charges, are given a Suspended Execution of Sentence and placed on probation with the drug court program.
If the person had not already spent time in jail, he/she is placed in jail for shock time. Individuals are then sent to a residential or outpatient treatment as designated by the treatment provider.
Drug court participants must appear in court weekly during the first phase of the program. Participants must submit to urinalysis testing four times per week and random BAC testing.
Trackers who are employed as court marshals or bailiffs use portable BAC machines conduct BAC testing. The BAC tests are given in the evenings and on Fridays and Saturdays.
Participants are also required to attend AA two times per week and attend the group and individual counseling sessions with the treatment providers.
If the person relapses, he/she spends up to ten days in jail and is assessed for the naltrexone program. If someone is caught driving he/she receives 21 to 45 days in jail.
Mental Health Court Divisions
The drug court model has been modified to address serious issues that affect individuals within the criminal justice system. For example, individuals with mental illness.
Factors that led to the creation of mental health courts include:
- Individuals with mental illness seem to end up in jail when community services fail to help.
- There is a common coincidence of mental illness and substance abuse which is seen in jail populations.
- Overcrowded local jails are challenged to care for the large number of individuals with mentally illness in their charge.
Helping individuals with mental illness in the criminal justice population is one of the most challenging responsibilities for problem-solving courts. The goal of mental health courts is to reduce incarceration time and recidivism by connecting individuals with mental health services and support.
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