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"Bennett and Leon Grizzard are the two judges who oversee Travis County's drug diversion court. They steer addicts into a court-supervised treatment program instead of prison. In the past decade, drug courts like the one in Travis County have successfully handled nonviolent defendants with drug and alcohol addictions—if success is defined as increasing public safety at the least cost to the taxpayer. People who complete drug-court programs rarely tumble back into substance abuse. According to four drug-court judges surveyed, about 10 percent of program graduates commit new crimes—a recidivism rate roughly one-fifth that of traditional probation routines. That means drug courts can ease the strain on overcrowded prisons and save taxpayer money. A study of the Dallas drug court by Southern Methodist University showed that every government dollar spent on diversion courts saved taxpayers more than $9.
Though criminal justice reform groups have advocated drug courts for years, Texas until recently lagged behind the rest of the country.
...
But as drug courts become more widespread, it appears that—like the narcotics they were created to fight—the courts can be abused. State and federal governments have instituted few regulations and set up no oversight. Judges have wide latitude to decide people's fates. In the hands of the right judges, the drug court model performs marvelously. Other judges appear to have trouble reconciling their punitive role with this new therapeutic one. The U.S. Department of Justice designed a set of guidelines and best practices—but they're the criminal justice equivalent of blueprints without building codes. The guidelines suggest that judges receive ongoing training and partner with treatment programs and community groups.
Because drug courts grow mostly from the local level, there is little standardization. Texas law broadly defines a drug court, but places hardly any restrictions on what judges can do. There is no oversight specifically for the drug courts. A recent case in Houston demonstrates the potential risks behind the courts' expansion. Judge K. Michael Mayes of Montgomery County is facing a federal lawsuit by a defendant who claims his treatment in Mayes' drug court was arbitrary and violated his rights to due process."
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