In response to the need to serve non-violent offenders, specifically those who commit crimes associated to substance abuse and/or hazardous alcohol consumption, the Judicial Branch created the Drug Court Program. Using a therapeutic justice approach, the judges participate more actively in the treatment, rehabilitation, and recovery process of the defendants.
Treatment, Rehabilitation, and Recovery of Defendants
In order to reduce criminal recidivism, the Judicial Branch recognizes that substance use disorder requires therapeutic tools to achieve the recovery and social reintegration of participants. With this in mind, the Drug Courts have adopted a therapeutic justice approach. This approach considers both the law and judicial proceedings as a societal force capable of yielding therapeutic results that promote the physical and emotional wellbeing of people without undermining other values of the Justice System.
What are the goals and objectives of the Drug Court Program?
The program’s main goals include:
- The rehabilitation and recovery of participants
- Their positive reintegration into society
- A decrease in recidivism (the perpetration of new crimes)
To achieve these goals, the Drug Courts:
- Help develop the participants’ skills to effectively manage their behavior
- Encourage accountability among the participants
- Monitor progress to promote the participants’ commitment to their treatment plan
- Strengthen every participant’s social relations and occupational development, among others
- Promote collaboration between the justice system and the governmental and non-governmental entities that provide treatment and support services to effectively render the necessary services for the participants’ recovery
What are the eligibility criteria?
The defendant must meet the following eligibility criteria:
- Have been charged with a non-violent felony and have pled guilty
- Have a substance and/or alcohol use disorder
- Be interested and willing to receive treatment and comply with the program’s conditions
- Have no criminal history or have a limited, non-violent criminal history
- The charged crime must have a causal relation to the substance and/or alcohol use disorder
How is a person's eligibility to participate in the Drug Court Program determined?
A judge will make the determination on whether to admit someone to the Drug Court Program, taking into account the following:
- The aforementioned eligibility criteria
- The level of care determined by the Administration of Mental Health and Anti-Addiction Services (ASSMCA, by its Spanish acronym) or other treatment service providers authorized by the State
- The investigation, report, and recommendations of the Puerto Rico Police Bureau liaison agent
- The report from the Sociopenal Services Technician of the Department of Corrections and Rehabilitation or from the ASSMCA ALTERNATIVE RECOVERY SERVICES OFFICER, as appropriate.
What are the components of the Drug Courts team?
The Drug Courts team includes:
- A judicial component: Judicial Branch of Puerto Rico
- A prosecutorial component: Department of Justice
- A treatment, investigation, and diversion supervision component: Administration of Mental Health and Anti-Addiction Services (ASSMCA)
- A probation supervision and investigation component: Department of Corrections and Rehabilitation
- A general investigation and supervision component: Puerto Rico Police Bureau
- A legal counsel component: Legal Aid Society
Who are the resources in the judicial component?
- Superior Court Judge: tasked with providing intensive court supervision to qualified participants, which means that these judges have a rather active participation in the treatment, rehabilitation, and recovery process of the defendant.
- Coordinator: assists the judge in all things related to the performance of the Drug Court, including coordinating referrals, services, and activities, following up on participants, and providing information about the program.
What happens after a participant is admitted to the Drug Court Program?
The judge issues a resolution of admission establishing a series of conditions that the defendant pledges to fulfill. These conditions include an agreement to receive treatment in a governmental or non-governmental institution to recover from their substance use disorder. As part of the process, a supervision and treatment plan is developed in coordination with the representatives of the Drug Court team.
As part of the intensive court supervision, the participant must attend regular follow-up hearings before the court. If the participant shows having made satisfactory changes during the rehabilitation process, the judge will acknowledge such efforts and may grant incentives, such as authorizing privileges, reducing the frequency of court supervision, or reducing the term of the resolution.
On the contrary, if the participant fails to fulfill any of the conditions established, the judge may impose sanctions, such as increasing the frequency of court supervision, extending the term of the supervision period, or ordering the participant’s ejection from the program and detention in an institution of the Department of Corrections and Rehabilitation.
After the participant satisfactorily completes the treatment and fulfills the established conditions, the judge may order the case(s) to be closed and dismissed, and the participant is considered to have «graduated» from the program. This means that the participant is acquitted from the case(s) referred to the Drug Court, and the Puerto Rico Police Bureau will return the photos and fingerprints associated with the dismissed case(s). In addition, if there are no prior convictions, the Puerto Rico Police Bureau may issue a negative criminal record certificate.
Where are the Drug Courts located?
Judicial Center, 3rd floor
(787) 650-6382 or (787) 878-7530; exts. 2776 and 2778
Judicial Center, 6th floor
(787) 288-6152 or (787) 785-3300; exts. 2051 and 2451
Judicial Center, 5th floor
(787) 653-0175; exts. 2630 and 2631
Judicial Center, 1st floor
(787) 776-4534 or (787) 752-6900; exts. 2137 and 2138
Judicial Center, 3rd floor
(787) 655-0620; exts. 2760 and 2761
Judicial Center, 3rd floor
(787) 866-4467 or (787) 686-2000; exts. 2776 and 2777
Judicial Center, 2nd floor
(787) 656-0010; exts. 2670 and 2671
Judicial Center, 1st floor
(787) 652-5555; exts. 2776 and 2777
Judicial Center, 1st floor
(787) 651-2357 or (787) 841-1510; exts. 2330 and 2331
Judicial Center, 4th floor
(787) 641-6363; exts. 2776 and 2778
Arecibo
(787) 650-6382 o (787) 878-7530; extensiones 2776 y 2778
Bayamón
Sexto piso del centro judicial
(787) 288-6152 o (787) 785-3300; extensiones 2051 y 2451
Caguas
(787) 653-0175; extensiones 2630 y 2631
Carolina
(787) 776-4534 o (787) 752-6900; extensiones 2137 y 2138
Fajardo
(787) 655-0620; extensiones 2760 y 2761
Guayama
(787) 866-4467 o (787) 686-2000; extensiones 2776 y 2777
Humacao
(787) 656-0010; extensiones 2670 y 2671
Mayagüez
(787) 652-5555; extensiones 2776 y 2777
Ponce
(787) 651-2357 o (787) 841-1510; extensiones 2330 y 2331
San Juan
(787) 641-6363; extensiones 2776 y 2778
Utuado
(787) 894-2525; extensiones 2360 y 2362
For More Information
For information on the Drug Court Program, contact the Directorate of Judicial Programs of the Office of Court Administration by calling (787) 641-6600, exts. 5709, 5710, and 5743.