Sanctions and Incentives

Length of time is important: The longer a patient stays in treatment, the better they do. Coerced patients tended to stay longer because there are consequences for leaving.

The purpose of drug court is to keep participants engaged in treatment

What Does Basic Behavioral Research Tell Us About Punishment?

Punishment is not the Goal in the Imposing Sanctions; Changing Behavior is.

Drug court responses to participant behavior

Sanctions Incentives Treatment Responses

Sanctions The imposition of negative consequences in response to undesirable behaviors

Sanctions Are in the Eye of the Participant

Undesirable Behavior Must be reliably detected Reports on client progress in treatment must be regularly given to the Judge by Treatment

Sanctions Must Be Predictable Program Phases Client Handbooks Contracts

Sanctions Must Be Consistent

Sanctions Should be Immediate

Smart Sanctions The imposition of the minimal amount of punishment necessary to achieve program compliance.

Graduated Sanctions The intensity of sanctions increases with the number and seriousness of program non-compliance.

Sanctions Might Include: Warnings and admonishment from the bench in open court Increased frequency of testing and court appearances Confinement in the courtroom or jury box Increased monitoring and/or treatment intensity Fines Required community service for client and parents Escalating periods of jail confinement (However, drug court participants remanded to jail should receive AOD treatment services while confined) and Termination from the program and reinstatement of regular court processing

Inadequate Compliance with Court Order Less serious violations of a court order; lying, missing treatment sessions, missing ancillary groups etc., call for sanctions that start with the intensification of supervision and/or drug testing. Jail terms may be appropriate, starting with a single day’s incarceration, increasing incrementally with continued violations.

Absconding, Failure to Appear Substantial period of incarceration (at least one week) to detox the offender as well as deter future program failure and/or drug usage. The court may wish to limit the number of times a person may be reinstated in the program.

Drug Courts Make Final Failure and Expulsion From the Program Difficult for the Participant to Achieve.

Incentives “A positive consequence that is the direct result of and is a reward for the offender’s positive behavior.”

Positive Reinforcement “Rewards the client in his/her natural social environment to ‘capture’ positive behavior, i.e. payment vouchers.” “Most of today’s clinical textbooks conclude that positive reinforcement is far preferable for changing behavior [than punishment] (Marlowe, 1999).

Responses to Compliance Might Include: Encouragement and praise from the bench Ceremonies and tokens of progress, including advancement to the next treatment phase Reduced supervision Decreased frequency of court appearances Reduced fines or fees Reduced or suspended incarceration Graduation Dismissed in reduction in criminal charges

Treatment Responses The intensification of supervision,drug testing, and/or treatment requirements Ultimately culminating in residential treatment Reduction in services