Revelations from a Research Article on Racial and Ethnic Disparities in Treatment Courts

I’m excited to announce the publication of the article Color in the Court: Using the Racial and Ethnic Disparities (RED) Program Assessment Tool to Promote Equitable and Inclusive Treatment Court Practice published in Alcoholism Treatment Quarterly. This study was conducted by a team from American University (AU) and Morgan State University (MSU). This commentary will provide a concise summary of the article’s key findings and implications for treatment courts. 

Instead of the typical punitive model in the criminal legal system, treatment courts address the root causes of substance use disorders (SUDs) and mental health disorders that often lead to incarceration or other forms of involvement in crime. Treatment courts have gained traction for their restorative and rehabilitative approaches. These courts reduce criminal recidivism rates, assist people on a path of recovery, and save communities money.

Nonetheless, it’s vital to acknowledge and address the racial and ethnic disparities that exist within the criminal legal system, including treatment courts. This is where the Racial and Ethnic Disparities Program Assessment tool (RED Tool)  plays a vital role in rectifying RED in treatment courts. The RED tool provides a comprehensive evaluation of RED in treatment courts to promote equity and inclusion within courts. The tool narrows in on distinct goals as part of its foundational design, which includes raising awareness about RED, highlighting existing inequities within courts, and offering recommendations on alleviating racial and ethnic inequities in programs. The tool sorts data into 8 different sections allowing for a thorough analysis of treatment court practices. 

The sample for this study consisted of about 13% of treatment courts in a Midwestern state. Below are several key findings from the study.

  • The completion rates reveal that minoritized participants, including African American, Biracial, and Hispanic participants had completion rates of less than 30%. In contrast to their White counterparts, who attained a completion rate of 64.9%.
  • Data from the study suggests that only 37% of courts have reviewed their graduation rates to examine disparities among different racial and ethnic groups. 
  • On the topic of mandatory training, only 6% of courts required staff to complete cultural competency training. 
  • Further data reveals that merely 47% of courts agreed with the statement, “our team is racially and ethnically diverse.”
  • Within this study, it’s important to note that none of the treatment courts mentioned racial equity within their mission statements.

For more findings, please read the full article here

There is no doubt that treatment courts work, however, there is always room for growth. When treatment courts complete the RED tool and implement its recommendations, they should see improvements in access, retention, and overall program satisfaction for minoritized participants, which should lead to participants finding their path to recovery. According to SAMHSA, National Recovery Month is celebrated each September to promote and support new evidence-based treatment and recovery practices. We want to thank the treatment court professionals involved in providing prevention and treatment. Lastly, we celebrate those who are moving forward on their recovery journey.

Rectifying Racial and Ethnic Disparities (RED) in Treatment Courts  

Treatment courts are working and there’s evidence to support it. A drug treatment court is a judicially supervised court docket that provides a sentencing alternative to incarceration for people facing drug charges and who have substance use disorders. Treatment courts support clients through recovery using judicial oversight and evidence-based treatments, reduce the likelihood of participants committing new crimes, and save communities money. However, some treatment courts have experienced racial and ethnic disparities (RED), with minoritized individuals having differential access to programs, as well as completing programs at a lesser rate than their white counterparts.  

To assist treatment courts in understanding and examining disparities in their programs, faculty and staff at American University’s (AU) School of Publics Affairs (SPA) along with subject matter experts in the field developed the Racial and Ethnic Disparities (RED) Program Assessment Tool (RED tool). The RED tool is a web-based assessment designed to examine treatment courts’ policies and procedures to determine where racial and ethnic disparities (RED) may exist in programs. It’s been four years since the RED tool was launched. During this time, over 150 treatment courts have completed the assessment. 

After completing the RED tool, some treatment courts were trying to figure out the next steps for their court to address equity and inclusion issues. Hearing the need for next steps motivated a team at AU to apply for funding to do a deeper dive with courts on RED issues. In 2022, having heard the same calls from the field, the Bureau of Justice Assistance (BJA) opened a solicitation to fund exactly this type of innovation in programming. The team at AU led by Preeti Menon and Zephi Francis, along with partners at Florida State University, Morgan State University,  the University of Central Florida, and Aeon applied for the Field Initiated solicitation and received good news in the fall of 2022. 

BJA awarded the team a grant of $1 million over a period of three years to establish the Racial and Ethnic Disparities Initiative (REDI). Through research, policy development, and training and technical assistance (TTA), REDI will work with treatment courts to understand and reduce disparities in their programs.   

“When Preeti and I found out that we received the award, we were on campus for the first time together since COVID-19 struck. On that day, we were preparing for an in-person documentary screening and panel discussion on the intersection of substance use, mental health issues, and homelessness,” REDI’s Project Director Zephi Francis said. “We knew that this project was going to be a great opportunity for us to continue the work that we both are passionate about, while advancing BJA’s priority of racial equity.”  

With this funding, the REDI team will recruit treatment courts to complete the RED tool, analyze the data, and release guidance on best practices to assist treatment court professionals with decision-making. Another component of REDI entails offering intensive TTA to treatment courts. TTA involves courts participating in multiple virtual sessions with expert faculty to discuss topics identified by the court as priority areas to make their programs more racially and ethnically inclusive. Finally, the REDI team will create online modules for treatment court professionals to learn about best practices and innovative strategies regarding RED.  

May is National Treatment Court Month. It’s a time to celebrate all the good work that treatment courts are doing. The REDI team would also encourage treatment courts to use this month as an opportunity to learn more about the RED tool, and take proactive steps to address any disparities in their programs. 

 

Dignity in the Court

If I’m home at 9:00 a.m. on a weekday, the television is most likely tuned to Judge Mathis.  Greg Mathis is humorous, but a no-nonsense judge who oversees small claims cases in Chicago.  Don’t tell any lawyer, but I feel like I’ve earned an honorary law degree after watching this show for many years.  For many people, television is their only knowledge of the court system.  Although entertaining, these shows aren’t an accurate representation of real courtroom proceedings.  To learn more about the operations of a court, a treatment court specifically, I visited a docket in a Mid-Atlantic state.  Here is what I learned.

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Sending Support for Our Soldiers

 “For the veteran, thank you for bravely doing what you’re called to do so we can safely do what we’re free to do.” – Unknown

VeteransMonthThis month as we celebrate our veterans, we take a moment as a nation to thank the soldiers for their service of ensuring our freedom and safety. We would also like to acknowledge and thank those who continue to support our veterans once they return home.

Our first shout out goes to the Veterans Affairs (VA). Veterans emerging back into civilian life may face several challenges, such as PTSD and substance misuse. VA’s National Center for PTSD created a series of short videos for patients and providers to help recognize the symptoms of PTSD (post traumatic stress disorder).   Continue reading “Sending Support for Our Soldiers”

The Dangerous Oversimplification of Addiction

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Addiction is both a personal health crisis and a public health concern; it wreaks havoc on individual lives and can damage entire communities. The opioid crisis, for example, has led to the deaths of thousands of people, devastated families, and left cities and towns struggling financially from the loss of a workforce. How we understand addiction, therefore, has significant policy implications. The trouble is, addiction is difficult to treat, relapse is common, and there is no scientific rule to explain why any given drinker, user of prescription drugs, or recreational marijuana user becomes dependent or addicted.

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It Could be You

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JPO Student Assistant Karina Rivero

On May 25, the New York Times published an in-depth look at Drug Induced Homicide Laws (DIH), intended to punish people with sentences equivalent to those for manslaughter and murder for providing or purchasing drugs which resulted in an overdose death. Though states started enacting these laws in the 1980s, there has been a gradual increase in their application over the past 15 years. The current opioid crisis has created a trend of legislators and prosecutors passing and utilizing these laws as they search for ways to deter opioid use. After reading the article, I conducted an informal survey on a small group of my friends, family, and significant other. I explained the premise of the laws, which now exist in at least 36 states. Those around me saw the logic, if they were used to punish kingpins of drug trafficking rings. But as the New York Times article pointed out, the sad reality is that these laws are not being used against kingpins. Instead, they are being used to target the family members, friends, and significant others of those who have died from overdoses. I posed the question, “What if I overdosed one Friday night and you got sent to jail for murder?”

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From Student to Practitioner: My Time at NADCP 2018

Caroline at GraduationJust four years ago I was sitting with this exact (probably outdated, now) laptop trying to sell myself to American University’s admissions team. In my application, I vowed to engage in every opportunity possible to immerse myself in the criminal justice education I was pursuing. Four years later, I can proudly say that after completing three internships, graduating with University and Latin Honors, getting hired at the Justice Programs Office, and accepting a scholarship to attend the Washington College of Law (WCL), I have done just that. Now, after attending the National Association of Drug Court Professionals (NADCP) Annual Conference in Houston, I know I am ready to pursue my own legal career and advocate for these life-changing specialty dockets.

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Indigenizing the Drug Court

The Justice Programs Office is celebrating National Drug Court Month by sharing the personal perspectives of those who work in the treatment court field. Lauren van Schilfgaarde, Tribal Law Specialist at the Tribal Law and Policy Institute, continues our series with a look at Tribal Healing to Wellness Courts and their ability to heal both addictions and communities. 

headshot (1)The modern tribal court is not an organic indigenous system. It is, in part, a product of the Indian Reorganization Act (IRA) of 1934,[1] a federal statute that rejected prior federal Indian policies of assimilation and land loss and promoted the reestablishment of tribal governments.[2] Yet, the implementation of the Act meant tribal governmental structures needed to look and sound like Anglo institutions rather than traditional tribal ones. Furthered by the Indian Civil Rights Act of 1968,[3] the typical tribal court mirrors the American adversarial system, complete with a focus on incarceration and poor recidivism rates.

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