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.

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 PhasesClient 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