Collaborative Justice
"Collaborative justice courts, focusing on less serious drug offenses, mental health, domestic violence, and juvenile matters, have been remarkably successful at turning around lives…They change the offender for the better..."
-Ronald M. George, Chief Justice California State Supreme Court
What is Collaborative Justice?
Collaborative justice courts-also known as problem-solving courts-promote accountability by combining judicial supervision with rehabilitation services that are rigorously monitored and focused on recovery. These courts are distinguished by the following elements: a problem-solving focus, a team approach to decision making, integration of social and treatment services, judicial supervision of the treatment process, community outreach, direct interaction between defendants and judge, and a proactive role for the judge inside and outside the courtroom.
Components of Collaborative Justice Courts
Collaborative justice key principles, as defined by the Collaborative Justice Courts Advisory Committee, based on the National Association of Drug Court Professionals' (NADCP) 10 components described in "Defining Drug Courts: The Key Components," are as follows:
- Collaborative justice courts integrate services with justice system processing.
- Collaborative justice courts emphasize achieving the desired goals without using the traditional adversarial process.
- Eligible participants are identified early and promptly placed in the collaborative justice court program.
- Collaborative justice courts provide access to a continuum of services, including treatment and rehabilitation services.
- Compliance is monitored frequently.
- A coordinated strategy governs the court's responses to participants' compliance, using a system of sanctions and incentives to foster compliance.
- Ongoing judicial interaction with each collaborative justice court participant is essential.
- Monitoring and evaluation measure the achievement of program goals and gauge effectiveness.
- Effective collaborative justice court operations require continuing interdisciplinary education.
- Forging partnerships among collaborative justice courts, public agencies, and community-based organizations increases the availability of services, enhances the program's effectiveness, and generates local support.
- Effective collaborative justice courts emphasize a team and individual commitment to cultural competency. Awareness of and responsiveness to diversity and cultural issues help ensure an attitude of respect within the collaborative justice court setting.
Funding of Collaborative Justice Courts In California
California collaborative justice courts receive funding from federal, state, and local sources. The Administrative Office of the Courts (AOC) Collaborative Justice Program is a key player in the administration of many of these statewide grant initiatives.
State Drug Court Funding
Drug Court Partnership
In September 1998 the California Legislature enacted the Drug Court Partnership Act to fund postplea drug court programs with the goal of producing the greatest possible public safety benefit and reductions in state and local costs. This legislation established a unique partnership between the state Department of Alcohol and Drug Programs (ADP) and the Judicial Council in which the two agencies co-administer the program and demonstrate the cost-effectiveness of drug courts. The legislation has provided approximately $8 million per year since its enactment.
Comprehensive Drug Court Implementation (CDCI) Act
In 2000 the Judicial Council and ADP began administering the Comprehensive Drug Court Implementation Act of 1999. This act provides funding for "drug court systems" such as those for (1) juvenile offenders, (2) parents of children who are detained by or are dependents of the juvenile court, (3) parents of children in family law cases involving custody and visitation issues, (4) criminal offenders under Penal Code sections 1000.1-1000.5, and (5) other drug court systems approved by the Drug Court Partnership Executive Steering Committee. The State Budget for fiscal year 2000-2001 provided $10 million for this program. Funding in subsequent years has been maintained at approximately $8 million to $10 million per year.
Other State and Federal Grants
Local assistance grants
Substance Abuse Focus Grant Program Forms
In 2008-2009, the Collaborative Justice Courts Advisory Committee allocated approximately $1.2 million to 50 collaborative justice courts across the state that focus on substance abuse matters.
The Office of Traffic Safety
California DUI Court Expansion Project
As part of its California Traffic and Safety Program, the Office of Traffic Safety (OTS) approved a $3.6 million AOC managed collaborative justice project to fund 5 new DUI courts in California. Funded courts are Butte, El Dorado, Orange, Shasta, and Sonoma Superior Courts.
Juvenile and family collaborative justice court programs
Since 1996 federal funding has been available annually for drug courts and other collaborative justice courts through the Byrne Fund and the Juvenile Accountability Block Grant (JABG) programs. The AOC administers these pass-through grants, which provide funds for 15 to 30 collaborative justice courts each year. This program funds juvenile delinquency, dependency, family drug courts, youth/peer courts, juvenile violence and juvenile mental health courts, and restorative justice projects. JABG funding is also used to develop a statewide system of juvenile collaborative justice court programs and to support restorative justice practices in the juvenile justice system.
For more information about AOC grants for collaborative justice programs, contact Yolanda Leung at yolanda.leung@jud.ca.gov.
Last modified: 02/26/2009
