Michigan’s
problem-solving courts will — for the first time — become certified programs. And that’s good news for Michigan, for the
trial courts, and, most of all, for the participants in these programs. But what does certification mean, why is it
important, when does it go into effect, and how does a program achieve
certification?
Certification
means that a problem-solving court is following the standards and required best
practices from the Adult Drug Court,[1] Adult Mental Health Court,[2] or Veterans Treatment Court[3] Standards, Best Practices, and Promising
Practices manual. Standards are from
statute, court rules, judicial canons, and other binding authority. Best practices are supported by scientific
research and data, and are proven methods to produce better outcomes and a higher-quality
treatment court program. The manuals
also contain promising practices, which are not yet supported by scientific
research or data, but anecdotal evidence and experience suggest that they are
helpful in adhering to the model.
Senate
bills 0435 through 0438 were introduced on June 7, and they establish
certification of Michigan’s adult drug, adult mental health, and veterans
treatment court programs.[4] The bills indicate that a program that is
certified is an official, recognized problem-solving court in Michigan. The bills also say that only a certified
problem-solving court can charge a participant fee, discharge and dismiss a
case under the problem-solving court statutes, receive grant funding, and, for
adult drug courts and veterans treatment courts, issue ignition interlock-restricted
drivers licenses.
Why
is certification important?
Drug
courts have been around for decades, and there is extensive scientific research
that shows that drug courts work. In
fact, the U.S. Government Accountability Office (GAO) has repeatedly found that
drug courts reduce recidivism and save money.[5] Doctor Doug Marlowe, a leading expert in drug
courts, responded to the GAO’s findings:
“GAO reports are objective, fact-based,
nonpartisan, and held to the highest research standards. [The GAO’s report on drug courts] reinforces
the scientific merit of Drug Court research, confirming that Drug Courts are a
proven solution for reducing drug abuse and crime. We know beyond a reasonable doubt that at
least 75 to 80 percent of Drug Courts achieve reliable and significant
reductions in crime.”[6]
While
it’s impressive that the vast majority of drug courts work, it makes you
wonder: what about the other 20 to 25
percent of drug courts with participants who have the same or worse outcomes
than a similar defendant who was not in drug court? What explains the difference between a treatment
program that significantly reduces recidivism and a program that calls itself a
problem-solving court, but results in worse outcomes than the traditional
criminal justice system? The difference lies
in whether or not the program is following the model. Decades of research show that programs following best practices have significantly
better outcomes.
When
does certification go into effect?
Certification
goes into effect for adult drug, sobriety, hybrid, and family dependency
treatment court programs in fiscal year 2018.
And in fiscal year 2019, it goes into effect for adult mental health and
veterans treatment court programs. While
certification does not apply to programs in the planning stage and juvenile
programs, it will likely go into effect for juvenile drug court programs after
the National Center for State Courts completes it longitudinal study of
Michigan’s juvenile drug courts and for juvenile mental health court programs
shortly thereafter.
How
does a program achieve certification?
The
first step to achieve certification is to apply in WebGrants, the web-based
system administered by the State Court Administrative Office (SCAO).[7] Certification
applications are submitted annually in the spring, and all programs that
applied for certification will be provisionally certified as of the first day
of the next fiscal year. For example, 102 adult drug courts submitted a certification
application in the spring of 2017; and those programs will be provisionally
certified as of October 1, 2017.
Provisional certification lasts until the program’s certification site
visit.
From
there, all of the programs are divided into four cycles, and the cycle that a
program is on drives the timeline for its certification site visit. For example, a program on Cycle A will have a
certification site visit in fiscal year 2018, and a program on Cycle D will
have a certification site visit in fiscal year 2021.
Certification
site visits for adult drug, sobriety, hybrid, and family dependency treatment
court programs will include the following:
·
Review of
the program’s status review hearing;
·
Review of
the program’s team meeting;
·
Interviews/surveys
with the program’s judge, coordinator, treatment providers, financial officer,
prosecuting attorney, defense attorney, and participant(s);
·
Meeting
with the staff that enter data into the Drug Court Case Management Information
System or use the Drug Court Analysis System to analyze the program’s data;
·
Review a
random sampling of the program’s case files; and,
· Tour/observe
the program’s office functions.
The
structure of certification site visits for adult mental health and veterans
treatment court programs will be determined in the spring of 2018.
To
achieve certification, the program must be following the standards and required
best practices from that program’s respective manual. SCAO partnered with the Michigan Association
of Treatment Court Professionals (MATCP) to determine which best practices from
the drug court manual a program must be following in order to achieve
certification.[8] Likewise, the required best practices for
mental health and veterans treatment court programs will be determined by adult
mental health court and veterans treatment court workgroups in partnership with
SCAO staff. Once a program achieves
certification, the certification is effective for four years.
Conclusion
SCAO’s
goal is that every program that seeks to achieve certification becomes
certified. SCAO is offering various
trainings throughout the year regarding certification and best practices.[9] The problem-solving courts webpage has
additional resources.[10] Also, SCAO has partnered with MATCP to assist
programs in implementing standards and best practices. To request training or technical assistance,
please contact your SCAO Regional Administrator.
If
you have any questions, please contact TrialCourtServices@courts.mi.gov. We look forward to working with you toward
the shared goal of achieving certification of your problem-solving court.
[5]
Adult Drug Courts: Studies Show Courts Reduce Recidivism, but DOJ Could
Enhance Future Performance Measure Revision Efforts, Government
Accountability Office (Dec. 2011)
[6]
GAO Validates Drug Court Effectiveness,
National Association of Drug Court Professionals (Dec. 19, 2011)
[9]
State Court Administrative Office 2017
Problem-Solving Court Training Calendar. The 2018
PSC Training Calendar will be available soon.