Drug Treatment Court Funding Program, Summative Evaluation

2. Overview Of The Drug Treatment Court Funding Program

The DTCFP is a partnership between the Department of Justice (the Department or DOJ) and Health Canada managed by the Programs Branch of the DOJ. This partnership provides for a policy forum whereby federal justice and health officials are able to test horizontal approaches for addressing the challenges created by drug-addicted offenders in the criminal justice system. As a contributions funding program, the DTCFP provides financial support to provincial, territorial, municipal and regional governments, institutions or agencies, as well as eligible community-based or professional organizations to implement DTCs. The objectives of the DTCFP are as follows:

  • "promote and strengthen the use of alternatives to incarceration (with a particular focus on youth - operationalized as 18 to 24 year olds), Aboriginal men and women, and street prostitutes)
  • build knowledge and awareness among criminal justice, health and social service practitioners and the general public about DTCs
  • collect information and data on the effectiveness of DTCs in order to promote best practices and the continuing refinement of approaches" (DOJ, 2006)

2.1. Logic Model

The logic model for the DTCFP (see Figure 1 below) provides an overview of its goals, activities, target population, outputs and outcomes. To fulfill its goal of "break[ing] the cycle of drug use and criminal recidivism through innovative partnership among the criminal justice system, drug treatment services and social service agencies", the DTCFP engages in three core activities: communications; DTC implementation; and research, performance measurement and evaluation.

The culmination of DTCFP activities are intended to strengthen the network of stakeholders to address drug use and lead to evidence-based improvements for DTC sites and the DTCFP.

Figure 1 - Government of Canada's Drug Treatment Court Funding Program (DTCFP) Logic Model

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[ Description ]

2.2. Profile of DTCs in Canada

This section profiles the individual DTCs that receive funding from the DTCFP.

2.2.1. Funding

There are currently six fully operational DTCs funded by the DTCFP.1 The two original DTCs began operations before the establishment of the DTCFP: the Toronto Drug Treatment Court (since December 1998); and the Drug Treatment Court and Resource Centre of Vancouver (since December 2001). The four additional DTCs have been in operation for about three years: the Edmonton Drug Treatment and Community Restoration Court (since December 2005); the Winnipeg Drug Treatment Court (since January 2006); the Drug Treatment Court of Ottawa (since March 2006); and the Regina Drug Treatment Court (since October 2006). For ease of reading, the DTCs will be referred to by location throughout this report.

The DTCFP has signed contribution agreements with each of the DTCFP-funded DTCs, which cover 2005 to 2009. Through these agreements, the government of Canada funds up to 100 percent of eligible costs up to the maximum funding allowed per site.2 The following table summarizes the DTCFP's contributions to each DTC.

Table 1: DTCFP Contribution Funding
  Toronto Vancouver Edmonton Winnipeg Ottawa Regina
2005-2006 $750,000 $232,500 $583,760 $353,498 $519,869 $293,000
2006-2007 $750,000 $750,000 $583,760 $360,459 $550,000 $446,500
2007-2008 $750,000 $750,000 $583,760 $413,005 $550,000 $446,500
2008-2009 $750,000 $750,000 $583,760 $516,147 $550,000 $446,500

Source: Individual Canada-DTC Agreements

2.3. Design and Delivery

The DTCFP does not specify a model for the DTCs to follow. As a result, each DTC has its own unique characteristics, which are discussed in the descriptions of each DTC that follow. However, there are certain characteristics that are common across the DTCs:

Programs are voluntary.

The accused must voluntarily apply to enter the DTC.

The Crown screens for eligibility

Each DTC can set its own eligibility criteria, but typically the accused must be non violent and either charged with a drug-related offence, such as possession, trafficking in small amounts, or some other non-violent offence motivated by addiction. Applicants are screened out if there are indications of commercial drug trafficking, if they have been charged with a violent offence, if they have a history of violent behaviour, if they involved someone under the age of 18 in the offence, or if they have committed residential breaking and entering. The Crown initially screens the applications; the Crown may also determine that an accused is suited to the DTC and suggest that he apply for the program.

The admission process is similar at all DTCs.

Eligible accused who have made an application are assessed by treatment personnel, and an admission plan is prepared. This plan is presented to the DTC team before the accused appears in court. However, it is ultimately the judge's decision whether to admit the applicant into the DTC program. Every effort is made to ensure offenders are carefully screened in order to protect public safety.

The accused must enter a guilty plea

Once admitted, the accused must typically enter a guilty plea before entering the program. The accused is given some period of time (e.g., 30 days) to withdraw the guilty plea and re-enter the traditional criminal justice system. Participation in the DTC usually has DTC bail conditions attached, such as abiding by curfews.

DTC programs require intensive participation

The DTC programs are demanding. They require regular court attendance (weekly or more often), individual and group counselling (which can be daily), and random urine testing. In addition, participants receive medical attention that is appropriate to their situation, such as methadone maintenance at some DTCs.

Incentives and sanctions are applied as needed

At each court appearance, the DTC judge and the treatment team review the participant's progress, and the judge can apply either graduated incentives or sanctions, as needed.

To graduate from the program, participants must meet several criteria

Offenders graduate when they successfully meet certain criteria including being abstinent for a certain period of time, complying with all conditions of the program, and showing evidence of life-skills improvement, such as finding stable housing or employment.

Nonetheless, each court varies somewhat in its structure and design and delivery. Some of the differences relate to the type of funding recipient, composition of the DTC team, court component, treatment providers and activities, program length, and graduation requirements. These are discussed generally in Table 2 on the following page and in more detail in Appendix A.

Table 2: Description of DTC models (more detailed descriptions by DTC are in Appendix A)

Funding recipients

Four sites have NGOs as funding recipients:

  • Toronto - Centre for Addiction and Mental Health (CAMH)
  • Edmonton - Edmonton Community Foundation/John Howard Society
  • Winnipeg - Addictions Foundation of Manitoba
  • Ottawa - Rideauwood Addictions and Family Services
Two sites have provincial departments as funding recipients
  • Vancouver - Solicitor General of British Columbia
  • Regina - Saskatchewan Justice
DTC team

All court teams include judge(s), Crown, and duty counsel. Unlike other sites, Ottawa does not have dedicated judge(s); instead, five different judges rotate.

Most sites have provincial and federal Crown attached to the DTC, except for Vancouver and Winnipeg (federal Crown only) and Regina (provincial Crown only).

All sites have probation officers. In some sites, they are considered part of the court team, while in other sites they work more closely with the treatment team (Vancouver, Regina).

Treatment staff typically include managers and addictions therapists or counsellors. The exception is Edmonton, which does not provide direct treatment services and only has treatment and probation managers.

Toronto, Vancouver and Regina also have medical assistance at their treatment centres (e.g., psychologist, addictions nurse).

Some sites have other specialized positions (e.g., community and cultural liaison, police liaison, employment and assistance worker).

Court component

Sites vary in the number of court sessions they require per week; however, all sites will reduce the number of sessions if the participant is showing progress. The initial frequency of court appearances is listed below.

  • Toronto - twice weekly
  • Vancouver - weekly
  • Edmonton - weekly
  • Winnipeg - weekly
  • Ottawa - twice weekly
  • Regina - weekly

All sites require regular (at least weekly) random drug testing.

All sites have pre-court meetings, prior to the court sessions, with the judge, Crown(s), treatment team and defence counsel. The treatment team provides updates on client progress and treatment recommendations at these meetings.

Based on the outcome of these meetings, the DTC judge uses a number of sanctions and admonishments to encourage participants to continue in the program and rewards them when they show progress.

Treatment component

Sites have different approaches to treatment provision. Some have the bulk of services provided in-house while others refer to other treatment organizations. The primary treatment providers by site are listed below.

  • Toronto - CAMH
  • Vancouver - Vancouver Coastal Health
  • Edmonton - no single treatment provider; refer to a variety of providers for day or residential treatment
  • Winnipeg - DTC staff (who are hired by Addictions Foundation of Manitoba) provide core treatment services, although the program also frequently refers elsewhere for additional treatment services
  • Ottawa - Rideauwood Addictions and Family Services
  • Regina - DTC staff

The format and approach of treatment varies across the sites. All involve group and individual counselling. Most have phased programs (Toronto, Vancouver, Winnipeg, Ottawa, and Regina) which direct participants through different stages, such as assessment, stabilization, intensive treatment, relapse prevention or maintenance, and graduation. Edmonton has a unique highly individualized treatment approach, where the treatment team and the participant develop a treatment plan.

Length of program

There is no set length for completing the DTC programs as it is based on moving through program phases and meeting the graduation criteria; however, it generally takes approximately one year in order to complete the program. Program estimates are given below.

  • Toronto - 12 to 16 months
  • Vancouver - 265 clinic hours
  • Edmonton - 8 to 18 months
  • Winnipeg - 12 to 18 months
  • Ottawa - approximately one year
  • Regina - 274 hours of participation
Graduation criteria

Three programs (Toronto, Vancouver, and Edmonton) have adopted two levels of graduation (sometimes called completion). Ottawa has three levels, and Winnipeg and Regina each have one set of graduation criteria. The type of sentence depends on the level of graduation attained (honours or other). Criteria for basic graduation are described below (not honours but also not the lowest level of completion that is based on length in the program and evidence of some positive changes).

Length of treatment:

For basic graduation, four sites (Vancouver, Edmonton, Winnipeg and Ottawa) have required length of time (or number of hours) in the program.

Abstinence:

This varies by site:

  • complete abstinence for two (Toronto and Ottawa) or four months (Winnipeg and Regina);
  • abstinence from all drugs except cannabis for four months (Edmonton);
  • abstinence from cocaine, heroine, and crystal methamphetamine for three months (Vancouver).
Criminal offences:

Some sites require no new criminal offences for a minimum of three (Toronto) or six months (Vancouver and Winnipeg). The other sites do not have this as a graduation requirement.

Social stability:

Sites have various ways that this must be demonstrated, but almost all sites have this requirement. Only Ottawa did not specifically mention this in its graduation criteria. Examples are stable housing (Toronto and Vancouver), engaging in productive activities such as employment or volunteer work (Toronto, Vancouver, Edmonton and Winnipeg), acting on their plans for returning to the community or their treatment goals (Edmonton and Regina).

Note: Sources are the individual process and outcome evaluations for each site, supplemented as needed by information from interviews.