FY 2016 Appropriation

Drug Courts is a judicial process that offers nonviolent drug abusing offenders intensive court-supervised drug treatment as an alternative to jail or prison. The local area substance abuse authorities and private contractors provide treatment services.

Funding History

Related Publications

Drug Courts

Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $5,048,000 from all sources for Drug Courts. This is a 0.5 percent increase from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $1,127,100 from the General/Education Funds, a change of 0 percent from revised Fiscal Year 2015 estimates.

Staff Analysis

For the most recent completed fiscal year, the following information represents the purposes for which the money was used:

Drug Courts Detailed Purposes

Although Drug courts are not considered a statewide program, the program essentially operates statewide. Drug Court funds are not distributed on the normal funding formula applicable to most divisions funds designated for pass through because Utah Code establishes a different process for allocating Drug Court funds. In accordance with UCA 78A-5-201 all allocations of drug court funding are disbursed through a process involving the executive directors of the departments of Human Services and Corrections, as well as the State Court Administrator. "This group, the Drug Court Funding Committee, approves all funding methodology and the final allocation of funding to the local substance abuse authorities and courts. Since SFY 2011, the Drug Court Funding Committee has used a case rate methodology for the distribution of drug court funds. All drug courts that meet the certification requirements set forth by the AOC [Administrative Office of the Courts] receive funds. Available funds are divided by a three year average enrollment number to develop a case rate. Drug Courts are required to have at least 15 participants. No Drug Court receives funding for more than 125 participants."

Percent successful completion (Service Reports)

Increase in employment rates between admission and discharge

Regarding the positive trend greater than 5% in the increase in the employment rate from the Drug Court program performance measures, the agency states, "The steady increase in employment rates in Drug Court is likely due to the increased emphasis by Drug Court Teams on employment in recent years, and the fact that more individuals are being admitted to drug courts directly from jail, which means they are more likely to be unemployed at admission."

Statute

UCA 78A-5-201 defines the drug court program, allows for its expansion, sets criteria for participation in the program, and establishes reporting requirements. It also lays out a coordinated disbursement process involving the executive directors of the departments of Human Services and Corrections as well as the State Court Administrator and specifies funds disbursed to a drug court program shall be allocated as 87 percent to the Department of Human Services for testing, treatment, and case management and 13 percent to the Administrative Office of the Courts for increased judicial and court support costs.

Utah has four distinct drug court models

In Utah, four distinct drug court models exist. In addition to the adult felony drug courts, there are programs that focus on juveniles, adult misdemeanants, and parents involved in civil child welfare custody cases.

Adult Felony Drug Courts: Utah has twenty-five functioning adult drug courts located in Box Elder, Cache, Carbon, Davis, Emery, Grand, Iron, Juab, Kane, Millard, Salt Lake (3), Sanpete, San Juan, Sevier, Summit, Tooele, Utah (2), Uintah, Wasatch, Washington, and Weber counties. Twenty-five of these programs receive funding from the Department of Human Services.

Juvenile Drug Courts: There are five juvenile drug courts in Salt Lake, Tooele, Utah, and Weber (2) counties. Juvenile drug courts involve parents and the schools in the creation of the treatment plan. All five of these programs receive funding from the department.

Misdemeanor Drug Courts: Six misdemeanor drug courts have been established in Salt Lake and Davis counties. These programs are operated at the justice court level. These programs focus on offenders who have been arrested on alcohol or marijuana charges. None of these programs receive funding from the department.

Dependency Drug Courts: Fifteen dependency drug courts deal with cases where a parent's substance abuse could result in loss or restriction of parental rights. Their primary purpose is to assist in determining whether reasonable efforts have been made in reunification cases involving substance-abusing parents. They operate similarly to adult and juvenile drug courts. There are operational dependency courts in Carbon, Davis, Grand, Salt Lake (5), Utah (4), Washington, and Weber (2) counties. All fifteen dependency drug courts receive funding from the Department of Human Services.

Allocation from Tobacco Settlement Funds

UCA 51-9-201 allocates funds from the General Fund Restricted -- Tobacco Settlement Account first to the Office of Attorney General for ongoing enforcement and defense of the Tobacco Settlement Agreement; second to the State Tax Commission for ongoing enforcement of business compliance with the agreement; third to the Department of Health for the children in the Medicaid program and the Children's Health Insurance Program; fourth to the Department of Health for alcohol, tobacco, and other drug programs; then to drug courts; and finally to the University of Utah Health Sciences Center.

Utah's first drug court was started in 1996 in Salt Lake County with funds from the U.S. Department of Justice, Salt Lake County, and other sources. Currently, 50 of the 56 drug courts operating in the state receive funding from the Department of Human Services.

Each drug court has its own eligibility criteria. However, most look at both a potential participant's legal history as well as the clinical severity of the addiction. In most drug courts, offenders enter a guilty plea which is then held in abeyance for the duration of the program. The charges are then dismissed upon successful completion of the program.

Drug court participants are enrolled in the program for approximately 73 weeks. Treatment counselors develop individualized treatment plans. The participants are randomly tested for drug use from one to four times a week. The drug court judge reviews compliance with the treatment plan during weekly court reviews. In most programs, participants must be clean for at least six months to graduate. Failure to comply with any element of the program or having a positive drug test may result in immediate court action such as being taken to jail. Compliance and progress in the program are rewarded with praise from the court and a gradual decrease in supervision.

Intent Language

HB0003: Item 89

Under Section 63J-1-603 of the Utah Code, the Legislature intends that any remaining funds provided by Item 38, Chapter 13, Laws of Utah 2014 for the Drug Courts program within the Department of Human Services' Division of Substance Abuse and Mental Health line item not lapse at the close of Fiscal Year 2015. The use of any non-lapsing funds is limited to "other charges/pass through" expenditures consistent with the requirements found at UCA 63J-1-603(3)(b).

HB0003: Item 89

Under Section 63J-1-603 of the Utah Code, the Legislature intends that any remaining funds provided by Item 38, Chapter 13, Laws of Utah 2014 for State Substance Abuse Services and Local Substance Abuse Services within the Department of Human Services' Division of Substance Abuse and Mental Health line item not lapse at the close of Fiscal Year 2015. The use of any non-lapsing funds is limited to "other charges/pass through" expenditures consistent with the requirements found at UCA 63J-1-603(3)(b).

HB0003: Item 89

Under Section 63J-1-603 of the Utah Code, the Legislature intends that up to $50,000 of appropriations provided for the Department of Human Services' Division of Substance Abuse and Mental Health line item in Item 38, Chapter 13, Laws of Utah 2014 not lapse at the close of Fiscal Year 2015. These funds are to be used for the purchase of computer equipment and software, capital equipment or improvements, equipment, or supplies.

SB0002: Item 82

The Legislature intends the Department of Workforce Services and the Administrative Offices of the Courts provide a report to the Office of the Legislative Fiscal Analyst no later than September 1, 2015. The report shall include, at a minimum: 1) a summary of efforts to improve coordination between the Drug Court program and DWS' Workforce Development Division in order to improve Drug Court success, 2) data indicating the success of the efforts including the implementation and reporting on measures of post program recidivism, and 3) any identified savings or additional funding of drug court recipients as a result of improved coordination efforts.

SB0002: Item 82

The Legislature intends that the one-time General Fund appropriation of $6,400,000 to the Department of Human Services for Local Authority Mental Health Medicaid Match is provided to assist local mental health authorities for one year until they can find ways to provide their own matching funds in the future. The Legislature further intends the local mental health authorities report their plans to provide their own matching funds in the future to the Office of the Legislative Fiscal Analyst by September 1, 2015.

SB0002: Item 82

The Legislature intends that the $300,000 in federal funds appropriated for Children's Mental Health Early Intervention for Children and Youth in the Department of Human Services in the Division of Substance Abuse and Mental Health line item is dependent upon the availability of and qualification for the Children's Mental Health Early Intervention for Children and Youth for Temporary Assistance for Needy Families federal funds.

SB0007S01: Item 9

The Legislature intends that the Department of Human Services report on the following performance measures for the Substance Abuse and Mental Health line item: (1) Local Substance Abuse Services - Successful completion rate (Target = 40%), (2) Mental Health Services - Adult Outcomes Questionnaire - Percent of clients stable, improved, or in recovery while in current treatment (Target = 70%), and (3) Mental Health Centers - Youth Outcomes Questionnaire - Percent of clients stable, improved, or in recovery while in current treatment (Target = 70%) by January 1, 2016 to the Social Services Appropriations Subcommittee.

SB0007S01: Item 27

The Legislature intends that the Department of Human Services report on the following performance measures for the Substance Abuse and Mental Health line item: (1) Local Substance Abuse Services - Successful completion rate (Target = 40%), (2) Mental Health Services - Adult Outcomes Questionnaire - Percent of clients stable, improved, or in recovery while in current treatment (Target = 70%), and (3) Mental Health Centers - Youth Outcomes Questionnaire - Percent of clients stable, improved, or in recovery while in current treatment (Target = 70%) by January 1, 2016 to the Social Services Appropriations Subcommittee.

Drug courts also receive funding directly from federal and local agencies.

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COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.