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Strategies for Systematically Screening All
Drug Court Arrestees and Probation
Violators for Drug Court Eligibility
March 21, 2016
BJA Drug Court Technical Assistance Project at American University
These materials have been prepared under the auspices of the Bureau of Justice Assistance (BJA) Drug Courts Technical Assistance Project at American University, Washington, D.C. This
project was supported by Grant No. 2012-DC-BX-K005 awarded to American University by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of
Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of
Crime. Points of view or opinions in this document are those of the authors and do not represent the official position or policies of the U.S. Department of Justice.
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The Panelists
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Caroline S. Cooper, Research Professor and Director, Justice Programs Office, School of
Public Affairs, American University
Judge Dennis Fuchs (ret.), Salt Lake City, Utah. Drug Court Judge and currently consultant
to the Utah Supreme Court
Judge Jamey Hueston, Baltimore, Maryland: Drug Court Judge and former chair of the
Maryland Problem Solving Court Committee
Roger Peters, Ph.D., University of South Florida: specialist in screening, assessment,
substance abuse treatment and co-occurring disorders
Judge John Schwartz (Ret.), Rochester, New York Adult Drug, Mental Health and Veterans
Treatment Courts
Yvonne Segars: Former state public defender for New Jersey and previously Drug Court
public defender for Newark (Essex County), New Jersey
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Focus of the Session
• Key issues that promote:
▫ Systematic screening of all drug court eligible
arrestees and probation violators
▫ Clearly articulated eligibility criteria that are
consistently and transparently applied
▫ Identification of drug court eligible participants as
soon as possible after arrest or probation violation
▫ Entry into/engagement with the treatment
program as soon as possible
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Topics that will be Addressed:
1. The screening process: purpose, what’s entailed;
when should it occur; clinical vs. criminal justice
screening; examples of evidence-based instruments in
use for clinical screening; who performs the screening
function(s); how the results are used
2. Definition of “high risk”/“high need”: what are
we looking for? And the value of multiple drug court
tracks to accommodate the range of needs identified
3. Assessment: process; how it differs from
“screening”; when should it occur; who does it; how
the results are used
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The Screening Process
• Purpose
▫ What does the screening process entail?
▫ When should it occur?
• Clinical vs. Criminal Justice Screening
▫ Examples of evidence-based instruments in use
for clinical screening
▫ Who performs the screening function(s)?
▫ How are the results used?
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Importance of the Screening
Process
• Using the screening process to promote:
▫ Participant’s interest in the program and motivate
them to participate (particularly important for
young adult populations)
▫ Combatting the distrust some individuals have in
the justice system and built-in reluctance to
become involved with the justice system any more
than they need to be
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Importance of the Screening
Process
• SCREENING PROCESS MUST BE OBJECTIVE
• U.S. Constitution, 14th Amendment: Requires “due process” and
“equal protection of the laws”
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Amendment XIV. Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof,
are citizens of the United States and of the state wherein they reside. No state shall make or
enforce any law which shall abridge the privileges or immunities of citizens of the United
States; nor shall any state deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws.
• Observations from Technical Assistance Experience
• Objective Criteria
▫ Clearly defined eligibility requirements (offense types, criminal history, etc.);
consistently and transparently applied exclusion criteria; clearly articulated
• vs. Subjective Criteria
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High Risk/High Need
• Definition
• What are we looking for?
• Value of multiple drug court tracks to
accommodate the range of needs identified
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The Assessment Process
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When should it occur?
Who conducts the assessment?
How are the results used?
How does an assessment differ from screening?
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Data: Keeping Track of the Results
of the Screening Process
• How many individuals screened (and
demographics)?
• How many individuals entered the program (and
demographics)?
• How many eligible participants rejected the
program and why?
• How do the demographics of the drug court
participants compare with the demographics of:
▫ The arrestee population?
▫ The population of probation violators?
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For More Information Please Contact:
Caroline S. Cooper
Research Professor and Director
BJA Drug Court Technical Assistance Project
School of Public Affairs, American University
4400 Massachusetts Avenue, NW
Washington D.C. 20016-8159
Email: ccooper@american.edu
Website: www.american.edu/spa/jpo
Telephone: 202/885-2875
Fax: 202/885-2885
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Questions
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