How Do New Jersey Drug Courts Work?
Q: What is Drug Court?
A: The goal of Drug Court is to help individuals stop the cycle of using drugs or alcohol and committing crime. It is an intensive, supervised program built to help people who want to succeed in living a better life that starts with better choices. The Drug Court statute creates a special probation program that is designed to divert otherwise prison bound offenders into an intensive and highly specialized form of probation designed to address in a new and innovative way the problem of drug dependent offenders caught in a never ending cycle of involvement in the criminal justice system. The basic objective is to allow deserving prison bound addicted offenders the opportunity to recover from the throes of their addition and the cycle of their involvement with crime.
Q: Will I have to report anywhere?
A: The program is very intensive and requires supervision and testing. There is frequent drug testing, drug treatment, court appearances, and intensive supervision by probation officers. There is also a structured treatment program and recovery services that you are expected to follow. The program can last a very lengthy time because it is geared to get you better and away from drugs, alcohol and criminal activity.
Q: Who is eligible for Drug Court?
A: Those using drugs or alcohol who are non-violent adult offenders can be eligible for the program. The program is geared towards individuals who will most likely benefit from the program and do not pose a risk to the public. There are two separate tracks for admission into Drug Court.
Track One: under the first track, the offender must have committed a crime that is subject to a presumption of incarceration or a mandatory prison term, and the judge must find that the applicant satisfies nine separate factors. A presumption of imprisonment applies to an applicant who is charged with a first or second degree offense. If you meet track one's requirements, the judge will impose a five year period of special probation.
Track Two: under the second track, an offender can be admitted into Drug Court under the general sentencing provisions of the Code of Criminal Justice.if:
a. the person has a drug or alcohol dependence, as determined by a diagnostic assessment and substance abuse treatment and monitoring is likely to benefit the person; and
b. the person has not been previously convicted or adjudicated delinquent for, and does not have a pending charge of murder, aggravated manslaughter, manslaughter, robbery, kidnapping, aggravated assault, aggravated sexual assault or sexual assault, or a similar crime under the laws of any state; and
c. the person did not possess a firearm at the time of the present offense and has no history of possession of a firearm during an offense; and
d. no danger to the community is likely to result from the person being placed on special probation.
Q: Are there exclusions to Drug Court?
A: You cannot participate in the program if you have a previous conviction or pending charges for a violent offense. Those offenses include: murder, aggravated manslaughter, manslaughter, kidnapping, aggravated assault, aggravated sexual assault, and sexual assault.
Q: What happens if I do not follow the rules of Drug Court or fail a drug test?
A: If you fail a drug test while in the program or commit a new crime, you will face sanctions and possibly jail time.
Q: Is Drug Court mandatory?
A: In the past, those addicted to alcohol or drugs who were not ready to change or did not believe they could change, chose to go to jail for the crime they committed instead of being subject to Drug Court and its intensive treatment program. Now, based on new changes to the law, a court can sentence a qualified offender under the Drug Court statute even if the defendant does not seek admission, and even if the defendant is a third degree offender, who had been previously convicted of a crime subject to the presumption of imprisonment or that resulted in imposition of a state prison term. The goal is to allow additional offenders who may benefit from the program to be diverted into the program instead of being sentenced to jail.
Q: Can I have a job while in drug court?
A: Yes. In fact, 68% of drug court participants have full time work. Additionally, 90% of participants are employed at the time of graduation from the program.
A: The goal of Drug Court is to help individuals stop the cycle of using drugs or alcohol and committing crime. It is an intensive, supervised program built to help people who want to succeed in living a better life that starts with better choices. The Drug Court statute creates a special probation program that is designed to divert otherwise prison bound offenders into an intensive and highly specialized form of probation designed to address in a new and innovative way the problem of drug dependent offenders caught in a never ending cycle of involvement in the criminal justice system. The basic objective is to allow deserving prison bound addicted offenders the opportunity to recover from the throes of their addition and the cycle of their involvement with crime.
Q: Will I have to report anywhere?
A: The program is very intensive and requires supervision and testing. There is frequent drug testing, drug treatment, court appearances, and intensive supervision by probation officers. There is also a structured treatment program and recovery services that you are expected to follow. The program can last a very lengthy time because it is geared to get you better and away from drugs, alcohol and criminal activity.
Q: Who is eligible for Drug Court?
A: Those using drugs or alcohol who are non-violent adult offenders can be eligible for the program. The program is geared towards individuals who will most likely benefit from the program and do not pose a risk to the public. There are two separate tracks for admission into Drug Court.
Track One: under the first track, the offender must have committed a crime that is subject to a presumption of incarceration or a mandatory prison term, and the judge must find that the applicant satisfies nine separate factors. A presumption of imprisonment applies to an applicant who is charged with a first or second degree offense. If you meet track one's requirements, the judge will impose a five year period of special probation.
Track Two: under the second track, an offender can be admitted into Drug Court under the general sentencing provisions of the Code of Criminal Justice.if:
a. the person has a drug or alcohol dependence, as determined by a diagnostic assessment and substance abuse treatment and monitoring is likely to benefit the person; and
b. the person has not been previously convicted or adjudicated delinquent for, and does not have a pending charge of murder, aggravated manslaughter, manslaughter, robbery, kidnapping, aggravated assault, aggravated sexual assault or sexual assault, or a similar crime under the laws of any state; and
c. the person did not possess a firearm at the time of the present offense and has no history of possession of a firearm during an offense; and
d. no danger to the community is likely to result from the person being placed on special probation.
Q: Are there exclusions to Drug Court?
A: You cannot participate in the program if you have a previous conviction or pending charges for a violent offense. Those offenses include: murder, aggravated manslaughter, manslaughter, kidnapping, aggravated assault, aggravated sexual assault, and sexual assault.
Q: What happens if I do not follow the rules of Drug Court or fail a drug test?
A: If you fail a drug test while in the program or commit a new crime, you will face sanctions and possibly jail time.
Q: Is Drug Court mandatory?
A: In the past, those addicted to alcohol or drugs who were not ready to change or did not believe they could change, chose to go to jail for the crime they committed instead of being subject to Drug Court and its intensive treatment program. Now, based on new changes to the law, a court can sentence a qualified offender under the Drug Court statute even if the defendant does not seek admission, and even if the defendant is a third degree offender, who had been previously convicted of a crime subject to the presumption of imprisonment or that resulted in imposition of a state prison term. The goal is to allow additional offenders who may benefit from the program to be diverted into the program instead of being sentenced to jail.
Q: Can I have a job while in drug court?
A: Yes. In fact, 68% of drug court participants have full time work. Additionally, 90% of participants are employed at the time of graduation from the program.
