December 7, 2015

Problem-solving courts began in the 1990s to accommodate offenders with specific needs that were not adequately addressed in traditional courts. Chief Judge Donald Hudson of the 16th Judicial Circuit, State of Illinois, stated, “Unless you treat the underlying cause, you’re like a doctor who’s attempting to cure a disease by only treating the symptoms. We need to reduce recidivism.”¹ Problem-solving courts provide an effective tool to treat the underlying cause.

I had the pleasure of serving on the bench for 20 years in the 20th Judicial Circuit in Illinois. During that time, I worked with and initiated several problem-solving courts and learned the many benefits they provide for both an offender and the community at large. I also chaired the Veterans’ Court Committee which drafted the Veterans’ Court Treatment Act which was adopted into law in the State of Illinois.

Problem-solving courts include drug courts, mental health courts, veterans’ courts, prostitution courts, misdemeanor diversion courts, domestic violence courts and youth or teen courts. As of June 30, 2014 there were 1,272 problem-solving courts in operation nationwide.²

Problem-solving courts that focus on drugs, mental health issues, prostitution and domestic violence are comprised of specially trained judges, attorneys, probation officers and clinical specialists working together as a team. This team provides wrap-around services and intensive monitoring of defendants who are in the criminal justice system as a result of substance abuse, mental health or co-occurring disorders. Veterans’ courts have an additional team member, a Veterans Administration (VA) representative. The VA representative attends each court hearing and reports on the progress, or lack of progress, of the veteran defendant. The VA representative also provides a link to services and expert knowledge as to what is available. Generally, these teams, including the judge, meet before court to review each case and make recommendations to the judge.

This is how the process in court generally proceeds: In most jurisdictions in drug, mental health and veterans’ courts, the defendant pleads guilty to the offense and sentencing is continued for treatment. The defendant reports weekly, and the court hears reports and recommendations on each defendant, dependent on his or her progress in the previous week. If the defendant has tested positive to a substance or violated a curfew, sanctions are imposed; most training suggests graduated sanctions from an essay to a curfew to time in custody. Completion of drug, mental health or veterans’ court usually requires that the defendant be at least six months clean and no problems, a job or schooling and sometimes the completion of a life skills course. Upon completion, the court holds a graduation ceremony where the felony plea is vacated and the charge dismissed. The process takes a minimum of 18 months and often longer.

Early identification of veterans and early evaluations for drug and mental health problems are key. Typically the defense requests, and the prosecution recommends, that the defendant be admitted to a problem-solving court. While the prosecution is the original gatekeeper, the court is the ultimate decision-maker.

Domestic violence courts are a bit different. Many of these dedicated domestic violence courts have diversion programs for offenders that are 26 weeks in duration. These diversion programs focus on power, control and anger management, and are done in peer group settings. Upon the successful completion of the diversion program, in some jurisdictions the charge is dismissed. These courts also have judges and personnel trained in the area of domestic violence.

Teen or youth courts are restorative justice courts that seek to restore wholeness to victims, communities and youth without labeling youth as delinquent or saddling them with the charges of a criminal offense. In such a court, the youthful offender must admit guilt and appear before a jury of his or her peers to tell about the offense and allow the teen jury to ask questions. A parent or guardian is also there, and can speak or be questioned. After inquiry, the teen court jury deliberates privately, the teen is brought in and the sentence is announced. If the teen completes the sentence in three months, the charge is never filed. Possible sentences include community service, a letter or verbal apology, serving on a peer jury or writing an essay.

Teen courts are an early intervention in the life of a 13- to 17-year-old teen that attempt to identify and treat the underlying cause while simultaneously investing in the offender and his or her community. According to the Urban Institute’s Evaluation of Teen Courts Project, which was based on four teen court programs studied in four different states (Alaska, Maryland, Arizona and Missouri), the six-month recidivism figures among the programs ranged from six to nine percent.”³

Data shows that problem-solving courts work. I have seen these results first-hand, and have gained an appreciation for the positive impact they have on offenders and the community.

Part two of this two-part series will address the financial and social benefits of problem-solving courts, and highlight some promising practices at the state-level.

For more information, please visit https://www.bja.gov/evaluation/program-adjudication/problem-solving-cour….

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¹ “Problem Solving Courts” Helen Gunnarsson, Illinois Bar Journal, April 2008, Page 184.
² National Drug Court Resource Center, National Drug Court Institute http://www.ndcrc.org/content/how-many-problem-solving-courts-are-there
³ National Association of Youth Courts, http://www.youthcourt.net/?page_id=24