[Congressional Record Volume 145, Number 149 (Thursday, October 28, 1999)]
[Senate]
[Pages S13396-S13397]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         DRUG COURT REAUTHORIZATION AND IMPROVEMENT ACT OF 1999

  Mr. BIDEN. Mr. President, Congress created drug courts 5 years ago in 
the 1994 crime law as a cost-effective, innovative way to deal with 
nonviolent offenders in need of drug treatment. Though authorization 
for this program was repealed just two years later, we wisely continued 
to fund this program. I am pleased to join with Senator Specter today 
to cosponsor the ``Drug Court Reauthorization and Improvement Act of 
1999.''
  In just 5 years, drug courts have taken off. There are 412 drug 
courts currently operating in all 50 States plus the District of 
Columbia, Guam, Puerto Rico, and two Federal districts. An additional 
280 courts are being planned.
  Let me tell you why I am such an advocate for these courts. Drug 
courts are as much about fighting crime as they are about reducing 
dependence on illegal drugs.
  Our Nation has about 3.2 million offenders on probation today. They 
stay on probation for about 2 years. Throughout those 2 years, they are 
subject to little, if any, supervision.
  For example, almost 300,000 of these probationers had absolutely no 
contact with their probation officer in the past month--not in person, 
not over the phone, not even through the mail--none!
  Drug Courts fill this ``supervision gap'' with regular drug testing, 
with the offender actually coming before a judge twice a week, and 
actually seeing a probation officer or treatment professional three 
times a week.
  Nearly 100,000 people have entered drug court programs and the 
results have been impressive. About 70 percent of the drug court 
program participants have either stayed in the program or completed it 
successfully. That is more than twice the retention rate of most 
traditional treatment programs.
  The other 30 percent of the participants went to jail. And I think 
that should be heralded as a success of the drug court program as well. 
Without drug courts, this 30 percent would have been unsupervised, not 
monitored, and unless they happened to be unlucky enough to use drugs 
or commit a crime near a police officer, they would still be on the 
streets abusing drugs and committing crimes. Drug courts provide the 
oversight to make sure that does not happen.
  The Specter-Biden reauthorization bill calls for fully funding drug 
courts at the level the Attorney General and I called for in the 1994 
crime law--- $200 million. Drug courts are effective and cost 
effective. Let's spend our money wisely and invest in what works.
  There are a number of jurisdictions that want to open or expand their 
drug courts but are unable to do so because of lack of treatment 
capacity. We always talk about devolving power to State and local 
government. Let's put our money where our mouth is and give these 
jurisdictions the funds they need. The Specter-Biden reauthorization 
act includes $75 million a year to expand local treatment capacity so 
that no community that wants to start or expand a drug court is 
precluded from doing so due to lack of treatment slots.

[[Page S13397]]

  Make no mistake, participating in the drug court program is not a 
walk in the park. If you use drugs while in the program, you go to 
jail. Period.
  Rather than just churning people through the revolving door of the 
criminal justice system, drug courts help these folks to get their acts 
together so they won't be back. When they graduate from drug court 
programs they are clean and sober and more prepared to participate in 
society. In order to graduate, they are required to finish high school 
or obtain a GED, hold down a job, and keep up with financial 
obligations including drug court fees and child support payments. They 
are also required to have a sponsor who will keep them on track.
  This program works. And that is not just my opinion. Columbia 
University's National Center on Addiction and Substance Abuse found 
that these courts are effective at taking offenders with little 
previous treatment history and keeping them in treatment; that they 
provide closer supervision than other community programs to which the 
offenders could be assigned; that they reduce crime; and that they are 
cost-effective.
  According to the Department of Justice, drug courts save at least 
$5,000 per offender each year in prison costs alone. That says nothing 
of the cost savings associated with future crime prevention. Just as 
important, scarce prison beds are freed up for violent criminals.
  I have saved what may be the most important statistic for last. Two-
thirds of drug court participants are parents of young children. After 
getting sober through the coerced treatment mandated by the court, many 
of these individuals are able to be real parents again. More than 500 
drug-free babies have been born to female drug court participants, a 
sizable victory for society and the budget alike.
  Let me close by saying I hope the Senate takes up this legislation as 
soon as possible so we can reauthorize this important, effective 
program.

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