Under IC 12-23-14.5, there are three methods in which persons may enter a drug court:

Judgment Withheld: The participant enters into a plea agreement and judgment is withheld pending participation in the drug court. Persons who successfully complete drug court have their charges dismissed. If the participant is terminated from drug court due to non-compliance, a judgment of conviction or finding is entered followed by sentencing. Under IC 12-23-14.5-14, an individual may enter a drug court in this manner if the person has not had a prior dismissal under this section, and the person meets all other eligibility criteria established by statute and the local drug court.

Condition of Probation: Upon conviction or finding, persons may be ordered to participate in drug court as a condition of probation. Non-compliance with drug court requirements may result in a violation of probation.

Violation of Probation: Convicted or adjudicated persons found in violation of probation may be ordered to participate in drug court as the result of the violation. Probation violations that may lead to an order to participate in drug court include positive drug screens, failure to complete court ordered treatment services, or a new substance-related arrest.

Drug courts may implement one or all methods, depending on the needs of their jurisdiction and available resources.

Drug Courts and Court Alcohol and Drug Programs: What is the Difference?

Drug courts and court alcohol and drug programs established under IC 12-23-14 are similar in that both provide substance abuse services to individuals involved in the criminal justice system. Drug courts and court alcohol and drug programs generally differ in the types of offenses referred and the length and intensity of services provided to the participants. For example, while a person may be involved in a court alcohol and drug program for a period of several weeks to several months, drug courts usually require a minimum of 12 months and up to 36 months of participation.

One of the key differences between drug courts and court alcohol and drug programs is the level of judicial interaction with each participant. Drug courts are designed for offenders who have had significant problems related to their substance use and who may have been unsuccessful using less restrictive interventions. Whether a person is referred to a drug court or a court alcohol and drug program may depend on the drug court eligibility criteria, the availability of services, the person’s substance abuse history, and the person’s willingness or ability to comply with drug court requirements.

Several drug courts in the state have integrated drug courts with their court alcohol and drug programs for the benefit of sharing resources. Under IC 12-23-14.5-7, a court with existing court alcohol and drug programs that notifies the Indiana Judicial Center of intent to establish a drug court must provide evidence that the court has considered how to best use services that could be provided by any existing court alcohol and drug program and the role that an existing alcohol and drug program will play in the development and implementation of the drug court.

Advantages of a Drug Court

The advantage of drug courts is that they offer adults and juveniles access to long- term, comprehensive services while under the strict supervision of the court. Participants report to court as frequently as once per week at which time the drug court reviews the participant’s progress. Drug courts allow issues of non-compliance to be addressed more immediately than in traditional criminal or delinquency cases.

Another advantage of drug courts is that they are based upon a “team” concept and offer the opportunity for judges, prosecutors, defense attorneys, case managers, parents, school officials, treatment providers, probation officers, child welfare workers, and law enforcement officers to work together to assist persons in making long term behavior changes. Each member of the drug court team offers a unique perspective and skill that may assist in promoting the success of program participants.