:: Eighteenth Judicial Circuit Court :Eighteenth Judicial Circuit Drug Court:

Mission

      The Drug Court Program in partnership with the community is a cost-effective, holistic approach to reducing recidivism by offering to qualified substance abuse offenders the tools necessary to lead a productive, drug and crime free life.

Program Overview

     Nationally, inmates sentenced for drug offenses have accounted for 44% of the increase in jail and prison populations over the last decade. Of this group, less than 25% of offenders who receive rehabilitation/treatment while incarcerated will recidivate, while 80% of those receiving no treatment will become repeat offenders. Courts faced with large numbers of nonviolent drug offenders are, therefore, in a bind: there are few jail or detention alternatives, limited treatment options, and overloaded probation caseloads that are perceived as ineffective. With drug cases continuing to overload the court dockets, the resources needed to adjudicate the more serious or violent felony crimes are becoming limited. While attempting to move cases through the system expeditiously, the judges are challenged with trying to maintain the defendant’s legal and constitutional rights and still respond to legislative and public pressures to treat drug cases more seriously. Yet, the studies have proven that incarceration alone does little to break the cycle of drugs and crime.

     A study conducted by The American University and released by Attorney General Janet Reno, substantiates the theory that nonviolent drug offenders referred to treatment through special drug courts are much less likely to return to crime than those imprisoned without treatment. The study shows that fewer than 4 % of drug offenders who complete drug court treatment programs return to crime. Data from 11 drug courts shows that among all participants, including those who do not finish the treatment, rates of return to crime range from 5 % to 28 %. In contrast, according to a federal study, at least 45 % of defendants convicted of drug possession in regular courts and given no treatment commit a similar offense within two or three years.

     Locally, statistics are just as astounding. In fiscal year 1994, 15,209 Brevard County residents were arrested and interviewed by the Pretrial Release staff at the county jail. Of that number, 2,206 (15%) of those arrests were on drug charges and 2,650 (17%) were alcohol related.   Of those interviewed, 8,040 (53%) admitted to alcohol usage and 2,968 (20%) admitted to illegal drug usage. It can be estimated that three out of every five Brevard residents arrested demonstrate the potential for a substance abuse problem. Additionally, a recent article in the Florida Today Newspaper reported that the crime rate in Brevard County had risen 2.5% in 1996. According to the Florida Department of Law Enforcement report, there were 25,792 crimes committed in Brevard. This is an astonishing 5.73 crimes committed for every 100 county residents.

     In Brevard County, judicial alternatives for sentencing and/or diversionary programs such as Drug Courts were nonexistent until the early 1990’s. Treatment and rehabilitation programs/services were available, but only to those offenders with adequate financial resources. The courts deemed indigent a large portion of substance abuse offenders who entered the system. Therefore, most of the target population did not have the means to take advantage of these services.

     The specific problem that Brevard County continues to address is the chemical dependency of defendants who have used intoxicants to the point that they are no longer in control of their lives. As Brevard County continues to grow, so do the problems of crime associated with drug use. The projected population in July, 1997, for Brevard County is 505,116 people (based on Florida Population Estimates and Projections distributed by HRS). Health and Rehabilitative Services data for Fiscal Year 1993, show that adults comprised 89% of total treatment admissions for that year. Of that total, more than 67% were involved in the Criminal Justice System at the time of admission.

     Backed by research conducted through the U.S. Department of Justice showing the effectiveness of Drug Courts in reducing both drug abuse and drug-related crimes, Brevard County Court Alternatives Services set forth to obtain federal grant funds and implemented a Drug Court. With the support of the local municipalities, police agencies, and judiciary, Brevard County developed a partnership including the State Attorney’s Office and the Public Defender’s Office. As a result, the County’s first Drug Court program was implemented in October 1994 to provide outpatient treatment and aftercare for selected defendants charged with nonviolent drug and drug related crimes. This uniquely designed program was developed to work within the framework of the Eighteenth Judicial Circuit, tailored to meet the specific needs and work with the available resources of this community. During October through December, 1994, Brevard County established administrative offices, advertised and selected a treatment provider, and recruited and trained staff. Beginning in January 1995, participants began entering the Drug Court program. In mid 1995, successful collaboration with local criminal justice agencies resulted in the issuance of Administrative Order 95-25-B recognizing Brevard’s Drug Court as an approved program to work within the guidelines of Florida Statute 948.08(6)(a). Additionally, while receiving Edward Byrne Federal Grant Funding the program is governed by Section 2202 of the Omnibus Crime Control and Safe Streets Act of 1968. This prohibits the participation of violent offenders in grant programs funded under the auspices of the Crime Control Act.

     In the beginning, the program developed and relied on a working relationship with the four Brevard County Circuit Court Judges and all First Appearance Judges, unlike the traditional Drug Court model which functions under the direct leadership and guidance of one dedicated Drug Court Judge. In February 1997, as a result of continued efforts to obtain a dedicated judge, agreement was reached with a Circuit Court Judge who was motivated to accept the challenge of working with the program. Thus, by gaining the judicial support and integral involvement, the Drug Court Program now conforms to the traditional model. The Drug Court docket is heard in the Judge’s courtroom in the Harry T. and Harriet V. Moore Justice Center in Viera.      The administrative component of the Drug Court Team presently consists of one full-time Program Specialist and is located in the Public Safety Building in Rockledge. The Program Specialist is dedicated to the program mission, management, interviewing all applicants to the program, data entry of cases, all aspects of duties essential to the operation of the program and researches support and funding for the continuation of the project.   There are 3 full-time PTI officers whose vital roles are that of providing intense supervision of the client. Assistance is provided to the client in resolving outstanding legal requirements such as payment of fines, signing up for community service work, and obtaining a valid driver’s license. Regular reporting to their assigned PTI Officer is a major element of the client’s responsibilities while in the program. Accountability to an assigned supervising officer reinforces the fact that he or she is being monitored in the community while being released out of custody or while being granted relief from court proceedings. The officer provides direct case management, intensive supervision, and acts as the liaison with the treatment component, program specialist, as well as with all criminal justice and community agencies.

STEPS Company Background and Expertise – Brevard County Drug Court
    Specialized Treatment, Education and Prevention Services, Inc. (STEPS) is a private non-profit agency with a mission to provide a continuum of treatment for men and women with substance abuse and co-occurring mental health disorders and their children and families; specializing and prioritizing those who are involved in the criminal justice system, indigent, pregnant, post-partum, and/or have small children in Orange, Osceola, Seminole, and Brevard Counties in Florida. STEPS, Inc. was awarded a three (3) year international accreditation in June, 2004 and in August, 2007 from CARF, The Commission on Accreditation of Rehabilitation Facilities, Inc. that includes accreditation for criminal justice programming.     STEPS has been providing comprehensive substance abuse and co-occurring disorders prevention, intervention, and treatment services for adults and their families for over twenty-five (25) years. The agency is a multi-modality, multi component human service organization which offers an array of services for individuals adversely affected by alcohol, other drugs, co-occurring disorders and individuals involved with the criminal justice system. These many years of service delivery have afforded our agency staff a wealth of knowledge in providing services to criminal justice populations. Throughout the agency’s history, approximately eighty (80) percent of STEPS clients have been referred for treatment services by the criminal justice system. Further, well over (50)
percent of the population served has co-occurring mental illnesses. As a result, STEPS, Inc. has become known as one of the primary service providers of substance abuse services to criminal justice clients in Central Florida.     STEPS, Inc. provides the Drug Court Programs (Adult, Juvenile, and Dependency) with initial client evaluations, as well as treatment groups, and individual and family services. STEPS, Inc. regularly participates in client staffing and judicial court hearings. STEPS Inc. is pleased to be a member of the Brevard County Drug Court team and is committed to providing the highest level of care to program participants, as well as continued sustainment and growth of the Brevard County Drug Court Programs. A complete and detailed report is provided to the drug court team with a recommendation for the individual to be placed into one of the Drug Court phases.

     All staff members work together as a team in conjunction with the judge to collaborate all efforts in assisting the client in a successful completion of the minimum yearlong program. This approach, which demonstrates the uniqueness of all Drug Courts, is the element, which ultimately makes such programs a huge success.   Prior to the team approach, each entity worked independently allowing the client an opportunity to “play” one agency against another. The constant and effective communication of the team proves to the client that all are working towards the same goal - helping the individual to become a productive, drug free, and law abiding citizen.

     Target offenders for Brevard County Drug Court are those adult men and women charged with a nonviolent second or third degree felony drug charge(s). One who is charged with the sale or trafficking of drugs is strictly prohibited from entering the program. On occasion, drug related misdemeanor crimes are accepted into the program to receive the benefit of the treatment and supervision services; however, the typical client is a first time felony offender who is deferred from prosecution upon entering the program. The program operates in several different capacities, each accommodating the defendant at various stages of the criminal justice system. This is accomplished by dividing the types of criminal justice services provided into four categories referred to as Levels. Though they may differ slightly in the eligibility criteria and the types of services provided, all levels share the same goal - to offer the substance abusing offender outpatient treatment, counseling, and the resources needed to live a productive, drug-free and law abiding life. The program averages 115 participants on a monthly basis. As of Dec 2000 there have been 1,507 offenders referred to the program and 838 have been accepted and have participated over the last five years. Additionally, the program has achieved a 57% successful completion rate.

     The offender enters the criminal justice system either through an arrest or by a sworn complaint to the State Attorney's Office. Potential cases are forwarded by either the felony intake division at the State Attorney’s Office or by a staff member of the Pretrial Release Unit (PTR) at the county jail to the Drug Court intake officer for screening. In addition, the defendant or his/her attorney has the opportunity to submit an application for diversion. Once eligibility is determined, the defendant is contacted by the Drug Court intake officer to conduct a pre-admission interview. As this is a voluntary program, it is imperative that the individual understands all program requirements and consequences, which are explained by the intake officer. If the defendant is still in custody, the interview is conducted by a PTR staff member and/or a Drug Court Officer at the county detention facility. When deemed appropriate for the Drug Court Program, he/she is placed into one of the four program levels as follows:

Level 1 - Pretrial Supervision

     Participants in this level have been granted a non-monetary release from custody by the Initial Proceeding Judge at the county jail or by the Drug Court Judge at a later hearing. These individuals are considered appropriate for the program based on an initial evaluation of the nature of the charges and criminal history. While on release, the individual meets with a Drug Court Officer weekly and participates in one of the treatment phases of the program. Upon qualifying for diversion, the individual enters either Level 2 or 3. If he or she does not qualify, he/she remains in Level 1 until their case is disposed.

     Because this level grants release from custody to those individuals who cannot bond out while awaiting trial or diversion, it has become a vital tool in assisting the county jail in alleviating the overcrowded issue. The national average for defendants in custody awaiting trial and sentencing of a simple felony drug possession is 114 days, according to the National Institute of Justice. The cost to house one inmate in Brevard’s jail for this period of time is $4,218. To date, the Drug Court Program has supervised over 100 individuals in this level - a cost savings to local tax payers in excess of $400,000!

     If a participant violates the conditions of his/her release by not abiding by program rules, the officer may issue a warrant or request that a warrant be issued by a judge, revoking the pretrial release status and placing the individual back into custody.

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Brevard County Drug Court